REBEL RIDE INDOOR CYCLING & STRENGTH TERMS AND CONDITIONS
These Terms and Conditions govern our relationship and your attendance of all Classes and the package programs you purchase or credits and refunds associated with REBEL RIDE. These Terms and Conditions apply to all Customers or members and serve as a binding and contractual agreement between you and REBEL RIDE and may be supplemental and considered in concert with those for the Website and any application used in administering your account. Every time you attend a Class or purchase a Class or package or receive any service or amenity from REBEL RIDE, you acknowledge and accept these Terms and Conditions. PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND REBEL RIDE AGREE THAT ALL DISPUTES WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION. Our contact information is as follows:
360Depew LLC dba “Rebel Ride” 6449 Transit Road East Amherst, NY 14051 Telephone: (716) 572-2267 Email: info@rebelride.com
CLASSES AND PACKAGES
• REBEL RIDE offers various packages for its indoor cycling and strength Classes, ranging from one to multiple Classes per package and also offers a variety of other services.
• Once a package is purchased or provided as a gift, Customers will receive a Class “Credit” in their account for each REBEL RIDE Class purchased or gifted.
• All Customers must create a REBEL RIDE account before signing up for a Class. • Out of courtesy for others, all Customers must arrive by the start of Class to guarantee their bike or space.
• When the Customer is not present at the start of a Class, REBEL RIDE may offer the Customer’s reservation to anyone on the waitlist who is present for the specific Class.
• If no one from the waitlist is present, REBEL RIDE allows a four (4) minute window after the scheduled start time of each Class for the late Customers to arrive before the Customer forfeits their Credit.
• For the safety and enjoyment of all Customers, a Customer who arrives four (4) minutes after the scheduled start of a Class may not enter the Class and will forfeit their Credit for the Class.
CLASS CANCELLATION
• Customers may cancel a reserved Class, without penalty, provided it is cancelled 12 hours before the scheduled Class.
• Customer cancellations may be administered by logging into their account at Rebelride.com and cancelling the specific Class.
• Each reservation not cancelled 12 hours before the reserved Class will result in the forfeiture of the Credit used to reserve the Class.
WAITLIST
• If no reservations are available for a particular Class, Customers may join the waitlist.
• As space in the Class becomes available, Class reservations are offered by email or text (depending on when the reservation becomes available) to Customers on the waitlist on a first come, first served basis.
• If a Customer is offered and accepts a reservation off the waitlist but fails to attend the Class, it will result in the forfeiture of the Credit used to reserve the Class.
SPECIAL TRAINING CLASS
• Any Class over sixty (60) minutes will require two (2) Credits, unless otherwise specified.
• From time to time, REBEL RIDE may offer complimentary Classes including for new instructors.
EXPIRATION AND TRANSFERABILITY OF CREDITS
• Customer Credits will have various expiration dates depending on the quantity of credits purchased. Expiration dates are stated for reference at the time of purchase.
• Customer Credits are non-refundable and cannot be resold.
• Customer Credits are non-transferable.
STUDENT, FIRST RESPONDER, AND MILITARY PROGRAMS
• REBEL RIDE reserves the right to offer discounted programs to students, first responders, and members of the military, subject to eligibility restrictions and conditions that are subject to change.
• The same terms and conditions that apply to general Customers as described above also apply to student, first responder, and military programs.
• Students, first responders and members of the military who are interested in receiving these special discounts must provide REBEL RIDE with the proof requested by REBEL RIDE to verify status. This may entail visiting the REBEL RIDE studio in person to secure the discount.
• Student, first responder and military Class Credits are non-transferable and cannot be used to reserve a Class for anyone other than the intended recipient whose status has been verified by REBEL RIDE.
• Should a Customer purchase a student package he/she cannot retroactively apply the discount to prior purchases or prior membership program charges.
• Such programs cannot be combined with any other discounts.
• REBEL RIDE reserves the right, from time to time, to amend the eligibility criteria for student, first responder or military status discounts.
REFERRAL PROGRAM
• REBEL RIDE may operate a referral program that rewards Customers who refer friends who make purchases with REBEL RIDE.
• In order to be eligible for the referral award, the referred friends must be new customers (i.e. those without a pre-existing Account and who have never previously purchased REBEL RIDE Class).
• Having multiple REBEL RIDE accounts is a violation of these Terms and Conditions and sending invitations to alternate email addresses or accounts, or otherwise attempting to circumvent the REBEL RIDE referral program system may, without limiting any other REBEL RIDE rights or remedies, result in forfeiture of studio access, Credits, and any earned referral awards, at REBEL RIDE’S sole discretion.
• REBEL RIDE reserves the right to void referral awards earned if it suspects that the referral awards were earned in a fraudulent or unethical manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by REBEL RIDE.
• Customers must not conduct their own promotion in connection with REBEL RIDE’S referral program and may not engage in any promotional, marketing, or other advertising activities on behalf of REBEL RIDE, including by using any trademarks of REBEL RIDE.
• This referral program is void where prohibited by law.
• REBEL RIDE reserves the right to modify or terminate the referral program at any time.
TAXES
• REBEL RIDE collects sales tax on taxable credits, memberships, and other products sold in New York State.
• Prices shown on the web site do not reflect any federal, state or local taxes.
• Applicable taxes will be applied during checkout based on the product, service, and applicable tax.
PAYMENTS
• UNLESS OTHERWISE STATED BY REBEL RIDE IN WRITING, ALL CHARGES WILL BEGIN AT THE TIME OF PURCHASE.
• If payment does not process successfully, the Customer will not be entitled to the Class until payment is successfully made.
• Purchases and Credits are non-refundable.
• Customers shall not be relieved of the obligation to make payments agreed to and no deduction from or reimbursement of any payment shall be made, because of Customer’s failure to use REBEL RIDE’S facilities.
• Customers will not be reimbursed or credited any unused Credits in the period allotted for the Class package purchased. REBEL RIDE reserves the right to increase its rates or Class/package prices from time to time.
FORM OF PAYMENT
• All payments are payable by electronic funds transfer from Customer’s credit card account or debit card Account to Rebel Ride.
• Payments may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card.
• Customers must authorize payments to be made through a third party administered electronic funds transfer system.
• Customers maintain full control and privacy over their account at all times.
• Once Customers have provided and agreed to store their credit card information, Customers do not need to have their physical credit card on hand to make in-studio purchases at Rebel Ride.
• All in-studio purchases will be applied to the credit card you entered on your account and the Customer authorizes such purchase methodology when an account is setup and established.
GIFT CARDS
• Gift cards are available for purchase on the REBEL RIDE website and in REBEL RIDE studio.
• Gift cards are non-refundable and the entire gift card must be redeemed by a single Account.
• Gift cards do not expire, however, once they are redeemed for Class Credits, the Credits expire according to expiration dates stated at time of purchase.
• Gift cards are not redeemable for cash except where required by law.
ACCOUNT ACCESS AND PROTECTION
• Customers may not let others use their REBEL RIDE username or password.
• If a Customer allows another person to use their Member ID or password to book and/or attend Class, REBEL RIDE, in its sole discretion, reserves the right to revoke or suspend Customer’s Credits and access to the Rebel Ride facility.
RETURNED PAYMENT/DISPUTED CHARGE PENALTY
• Customers will automatically be charged the bank fee imposed on REBEL RIDE due to the failure to successfully consummate payment, plus a processing fee of $25; this includes for any returned payment due to closed accounts, insufficient funds, or other reason.
• If the Customer fails to successfully provide payment, REBEL RIDE retains the right to collect the current and past due balances in any month after the returned payment.
• Should a Customer initiate a credit card dispute that is subsequently resolved in REBEL RIDE’S favor, REBEL RIDE shall have the right to charge the Customer up to $50 per occurrence.
• Customers who dispute a valid charge for a late cancellation or no-show fee or Credit lost will be subject to this $50 fee.
REVOCATION OF STUDIO ACCESS AND CLASS CREDITS
• REBEL RIDE, in its sole discretion, may revoke Class Credits at any time and without refund, in the event that a Customer engages in behavior that is unsafe or objectionable to any other Customer or staff, or for reasons of nuisance or disturbance to any other Customer or staff, moral turpitude, fraud, personal hygiene or attire.
• REBEL RIDE also reserves the right, in its sole discretion, to require a Customer to leave for the day if, in REBEL RIDE’S reasonable judgment, a Customer poses a health or safety risk, or is disturbing or is likely to disturb any other Customer or staff.
CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY
• While not desired, periodically REBEL RIDE may need to restrict the use of or temporarily close its facility or activities from time to time.
• These unanticipated occurrences may result due to repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), or for other reasons.
• Hours of operation may be amended from time to time, and the facility, services or programs may be added or eliminated from time to time, at REBEL RIDE’S sole discretion.
• For questions or specific issues about the closure of the REBEL RIDE facility and use of Credits, please email info@REBELRIDE.com.
HEALTH WARRANTY DISCLAIMER, CONDUCT, ASSUMPTION OF RISK, AND RELEASE AND INDEMNIFICATION
• Customers should consult with their physician or have a physical examination before using the REBEL RIDE’S facility or enrolling in any Class, especially if the Customer is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations.
• Customers acknowledge that REBEL RIDE makes no claims as to medical or fitness results that can or may be obtained through use of the REBEL RIDE’S facilities, equipment or services.
• REBEL RIDE has neither suggested nor will suggest any medical treatment to Customers.
• Only licensed medical professionals are qualified to give medical advice.
• Customers represent that there are no medical or physical conditions that would preclude their use of REBEL RIDE’S facilities.
• Customers further represent that they have not been instructed by any physician not to use REBEL RIDE’S facilities, equipment, services, or similar equipment or services.
• Customers additionally represent that they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
• Customer acknowledges that any strenuous athletic or physical activity involves certain risks.
• Customers are strongly encouraged to request and take advantage of an initial introduction (including bike fitting) and ongoing support available to ensure the proper and safe use of all REBEL RIDE equipment.
• Customers and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of REBEL RIDE’S facilities.
• Customers shall not use any REBEL RIDE facility, service or equipment in such a way as to endanger the health or safety of themselves or others.
• Customers shall be responsible for any property damage or personal injury caused by themselves or their guests.
• Customers agree not to violate any laws while in REBEL RIDE facilities.
• REBEL RIDE cannot guarantee that its facility or equipment is free of risk. • Customers agree to exercise care in the use of REBEL RIDE’S facility, equipment and services to protect against accidents.
• Customers hereby acknowledge that there are inherent risks in indoor cycling and exercise and in using the equipment associated with REBEL RIDE’S Class and/or instruction.
• Customers are urged not to bring valuables onto REBEL RIDE premises and, if they choose to do so, to keep valuables locked in provided locker facilities.
• REBEL RIDE shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables).
• Customers assume full responsibility for their use of REBEL RIDE’S facility and shall indemnify REBEL RIDE and its shareholders, affiliates, agents and employees against any and all liability arising out of the use of REBEL RIDE’S facility. Additionally, Customers and their guests shall hold REBEL RIDE harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of REBEL RIDE facility, equipment, or services.
DAY LOCKERS
• Lockers are provided solely for the benefit and convenience of the members.
• REBEL RIDE staff will remove any articles left in a locker overnight.
CELLPHONES
• Cellphones are prohibited in REBEL RIDE Classes unless prior permission has been granted by the Studio Manager due to exceptional circumstances.
PETS AND BICYCLES
• Pets, except service pets, and bicycles are not permitted in REBEL RIDE facilities, unless otherwise granted by the Studio Manager due to exceptional circumstances.
DRESS CODE AND REQUIRED EQUIPMENT
• Proper athletic attire is required.
• Cycling shoes are required for REBEL RIDE Cycling Classes and are available at a small rental fee at the REBEL RIDE studio.
• REBEL RIDE reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
INDEPENDENT CONTRACTORS
• From time to time, REBEL RIDE may make the services of independent contractors available to Customers or their guests.
• REBEL RIDE does not warrant or guarantee the quality of these services.
GUEST RULES
• Guests are permitted in REBEL RIDE facilities, but only pursuant to such rules, fees and schedules that may be in effect.
• All guests must register at the front desk, with valid identification, and sign REBEL RIDE’S standard release agreement.
SPECIAL EVENTS
• REBEL RIDE may from time to time reserve the use of its facilities for special events, competitions and private functions.
CHILDREN USE
• For safety purposes, riders must be at least 14 years of age and 4’11” or taller to enjoy our classes. Riders 16 and younger must be accompanied by an adult in class, and those under 18 must have a parent/guardian complete a waiver before riding.
NON-DISCRIMINATION
• REBEL RIDE does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in REBEL RIDE Class or activities.
ENFORCEMENT
• If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of these terms and conditions, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND REBEL RIDE TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions which cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and REBEL RIDE, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under REBEL RIDE’S Terms and Conditions.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to REBEL RIDE should be sent to: REBEL RIDE, ATTENTION: LEGAL NOTICE 6499 Transit Road, East Amherst, NY 14051 After the Notice is received, you and REBEL RIDE may attempt to resolve the claim or dispute informally. If you and REBEL RIDE do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and Conditions. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration is available online at www.adr.org or by calling the AAA at 1-800- 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Buffalo, New York, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and REBEL RIDE, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and REBEL RIDE.
F. WAIVER OF JURY TRIAL. YOU AND REBEL RIDE HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between you and REBEL RIDE in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND REBEL RIDE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
G. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
I. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
J. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with REBEL RIDE.
K. Small Claims Court. Notwithstanding the foregoing, either you or REBEL RIDE may bring an individual action in small claims court.
L. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
GOVERNING LAW, VENUE AND JURISDICTION To the extent the parties are permitted under these Terms and Conditions to initiate litigation in court, both you and REBEL RIDE agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms and Conditions shall be governed in all respects by the substantive law of the state of New York, without regard to its conflict of law principles. You and REBEL RIDE hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of New York, within the County of Erie, for any actions, suits or proceedings arising out of or relating to the Terms and Conditions that are not subject to the Arbitration Agreement.
ENTIRE AGREEMENT These Terms and Conditions, REBEL RIDE’S Terms of Service, and any other rules, policies and regulations of REBEL RIDE, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by REBEL RIDE.