Terms & Conditions
TERMS AND CONDITIONS
We are pleased to welcome you to Pedal House (hereafter referred to as "Pedal House"), which is owned and maintained by Rhythm Ryde Holdings, Inc. These Terms and Conditions for Classes and Memberships (hereinafter "Terms and Conditions") supplement Pedal House's Terms of Service for the Website (www.pedalhousenyc.com) and App (hereinafter "Terms of Service") and, when combined with the Terms of Service, constitute a legally binding contract between you and Pedal House ("we" or "us") regarding your purchase or use of any Pedal House membership or any Pedal House class credits, class packages, or other services.
ACCESSING OUR SITE
At the moment, you must be at least eighteen (18) years of age and a resident of the United States to use the Site. If you are under the age of 18, you are explicitly prohibited from providing any information through our Site, including requesting information about our fitness brand and employment possibilities. We are not responsible for monitoring or determining the user's eligibility or age. However, if we learn that a user is violating these Terms of Use by using the Site, we may take prompt action to terminate such access, if practicable. We apologize for any inconvenience caused.
By accessing and using the Site, you acknowledge that you have read, understood, and agreed to the Terms of Use that govern your use of the Site. You may not use the Site if you do not agree to these Terms of Use. We reserve the right to modify the Terms of Use at any time and without notice to you by publishing such modifications on the Site. By continuing to use the Site following any revisions to the Terms of Use, you agree to be bound by the modifications.
EXCLUSIVE OWNERSHIP RIGHTS
We own and control all copyright and intellectual property rights on our Site, or have obtained permission from third parties to use them. We do not convey or suggest to you any ownership interest in the Site. You may access the material on the Site on your personal computer or other internet-enabled device, and you may make copies or printouts of the content on the Site solely for your personal, non-commercial use. You may not duplicate, reproduce, distribute, or exploit any content, code, data, or materials on the Site in any other way. Except as expressly permitted above, if you use the Site in any other way, you may break copyright and other laws of the United States and other countries, as well as relevant state laws, and may be held liable for such unauthorized use. Without our express written consent, we do not provide any license or other authorization to any user of our trade names, trademarks, service marks, or other marks or logos, or those of our partners. Third-party trademarks belong to their respective owners.
USE OF THE SITE
While using the Site, you may be requested to supply us with personal information or data in order to receive newsletters or other information about our products and services that may be of assistance to you. Our rules on the collecting and use of information pertaining to the privacy of personal information are detailed in the Site's Privacy Policy, which is incorporated herein by reference. Please take the time to read our Privacy policy before to entering any personal information. You acknowledge and accept that you alone are accountable for the accuracy and content of all personal information and other material that you provide. We are not responsible for the maintenance of any information you supply to us, and we reserve the right to remove or destroy such information at any time.
The Site may not be used for any of the following intents or activities:
Undertaking or assisting in any form of illicit behavior.
Sending or storing worms, viruses, or any other malicious programming.
Other others by threatening, harassing, abusing, impersonating, hurting, or intimidating them.
Interfering with others' use of the site, except to the extent necessary to comply with another term of these terms of use.
Distributing spam, gathering data for the purpose of distributing spam, or sending unsolicited email ads.
Trying to decompile, disassemble, reverse engineer, or otherwise uncover any source code included on the site.
Concealing the source of any content provided over the site or influencing your appearance on the site.
Triggering the activation of any automated system(s) that visit the site in a manner that sends more request messages to the site's servers in a given period of time than a person reasonably produces using a standard online web browser in the same timeframe.
USER ACCOUNTS
We may allow you to create an account on the Site by providing you with a user name and password. If this is the case, you are responsible for the strict secrecy of your account password and for any activity that occurs under your account and password. You undertake to tell us promptly of any unauthorized use of your password or account, or any other breach of security, and to log out of your account at the conclusion of each session. It is solely your duty to restrict access to and use of your password, to maintain control over access to and use of your account, and to tell us when you choose to discontinue your account on the Site. We shall not be responsible or liable for any loss or damage incurred as a result of your violation of this condition.
ACCOUNT PROTECTION
Members and Participants are prohibited from sharing their Pedal House login or password with anyone. If a Member or Participant permits another person to schedule and/or attend courses using their Member ID or password, Pedal House retains the right, in its sole discretion, to withdraw or suspend the Member's Membership or Participant's Credits.
MEMBERSHIP
Pedal House provides a variety of membership options that include unrestricted access to the facility ("Memberships"). Specific details about each of the Memberships, including the commitment duration, may be found on the Pedal House website and app, as well as in the promotional information supplied at the time of purchase. Memberships cannot be shared or transferred, and any effort to do so will result in the cancellation of the Membership without a return, at Pedal House's sole discretion.
If a Member requests a downgrade, the adjustment will take effect on the Member's next paying date. Dues will not be prorated or reimbursed based on the date of the request to decrease the membership.
If a Member upgrades their membership, they will immediately have access to their enhanced membership. The Member will be charged a prorated sum for the balance of the monthly billing cycle, and the upgrade will be reflected in the Member's subsequent payment date.
Certain membership modifications, such as changing the membership type, will result in a restart of the commitment term.
Membership Cancellation
Members may terminate their Memberships, subject to the unique regulations of each state as indicated below, by sending a written notification to hello@punch-pedal.com or alerting us using the Pedal House Website's "Contact Us" form. After submitting such notification, Member will be charged a one-time cancellation fee of (1) month. Members wishing to discontinue their membership should tell Pedal House prior to the next month's payment cycle to avoid being charged for any unused dues. Dues will not be prorated for cancellations made after the effective date of membership. There are no refunds on membership dues.
CLASSES AND PACKAGES
Pedal House provides a variety of packages ranging from one to numerous classes per package, as well as a variety of other services. After purchasing a package, participants will earn a class credit for each Pedal House lesson included in the package. "Credit" refers to any voucher for a Pedal House lesson, whether purchased or received as a gift. Before enrolling in a class, all Participants and Members must create a Pedal House account ("Account"). For further information about establishing an Account, please refer to the Terms of Service.
Waitlist
Participants may join the waitlist if no bookings are available for a specific class. Class bookings are granted on a first come, first served basis to Participants on the waitlist through email or SMS (depending on when the reservation becomes available). If a Participant is offered and accepts a reservation off the waitlist but does not attend the session, the Credit used to reserve the class will be forfeited. (Please check the Membership cancellation policy below.)
Special Classes
Unless otherwise indicated, every class lasting more than sixty minutes takes two credits.
Pedal House may give complimentary courses on occasion, such as to celebrate new studio openings or new teachers. Complimentary classes may occasionally need a bought class credit to reserve a spot. Credits spent to reserve such a class will be refunded within one (1) week after the class's conclusion.
Freeze Policy
Subject to the unique rules of each state, as mentioned in this section below, a Member who is medically unable to attend classes may seek a two-month freeze on their Membership ("Medical Freeze"). In this scenario, the Member must submit a physician's letter at the time of the request. Pedal House maintains the right to contact the doctor to verify the note. Members must contact Pedal House through email at hello@pedalhousenyc.com upon their return from the Medical Freeze. After the Medical Freeze period has elapsed, Pedal House will continue charging, and Members are expected to pay, the Member's monthly dues.
Requests for Medical Freezes should be directed to the Pedal House management on-site or through email to hello@pedalhousenyc.com. Any requests for non-medical freezes should be sent to the Pedal House management on-site or through email to hello@punch-pedal.com.
Pedal House retains the right to modify the policy regarding membership freezes at any moment. Freezing membership for any amount of time does not absolve the Member of any needed minimum monthly membership commitment, as some types of memberships may demand.
Expiration And Transferability Of Credits
Credits expire according to the terms of the credit, package, or offer indicated at the time of purchase. Once purchased, the expiration date or term may be viewed on the Pedal House or Pedal House Website.
Credits are redeemable at certain Pedal House locations or areas, depending on the credit, package, or offer purchased. Credits are non-refundable and cannot be transferred to another person.
Credits are non-transferable between individuals or locations.
Cancellation Policy For Reservations, Free Classes, Or Community Classes.
To cancel a Pedal House class reservation and have it credited to your account, you must do so 12 hours before to the session. Once your reservation is canceled, the class will be added to your account for future use; it will not be reimbursed. If you do not cancel within 12 hours of the planned session, the class will be charged to your series.
You have the following options for canceling your reservation:
Log into your account through the Website or the App and select the class you wish to cancel from the drop-down menu.
Send an email to the studio where you have a reservation requesting that they cancel the lesson for you.
Please note that if you cancel within 12 hours before the start of class, you will be charged $20. If you do not show up or cancel, you will be charged the full amount of the drop-in session.
If you do not show up for your session and do not cancel, you will be charged the entire class amount.
FOR RIDERS AND MEMBERS OF THE COMMUNITY WHO ARE RUNNING LATE we ask that you phone the studio to inform us of your impending arrival. The front desk will keep a reservation for up to ten minutes after class begins, but we cannot guarantee that you will receive the bike for which you registered in Pedal House lessons. Riders and community members who arrive more than ten minutes late will be denied admission to class due to the disruptive nature of their presence.
Please remember that in order to be fair to all of our clients, BIKES AND SPOTS WILL BE RELEASED 4 MINUTES PRIOR TO THE START OF THE CLASS.
For Riders And Community Members Leaving Early
If you want to leave early, we respectfully request that you notify the instructor in advance. Refunds are not available.
Etiquette
To protect the Pedal House sanctuary, each Class Participant commits to follow the Pedal House's etiquette requirements, which are posted on the studio walls and on the Pedal House website (www.pedalhousenyc.com). Pedal House retains the right to prohibit admittance to anybody it believes is acting inappropriately or dangerously.
ACKNOWLEDGEMENT OF RISK
By enrolling in and/or attending classes, events, activities, and other programs and using the premises, facilities, and equipment, or any other location or venue where Pedal House provides services (individually and/or collectively, the "Classes and Facilities") of Pedal House and its subsidiaries (collectively, "Pedal House"), I acknowledge on behalf of myself, my heirs, personal representatives, and/or assigns that certain inherent risks and dangers exist.
With regards to my participation in classes, activities, events, and other programs provided, managed, or offered by Pedal House or its contractors, including indoor cycling classes and boxing boot camp classes, as well as my use of Pedal House's premises, facilities, and equipment ("Classes and Activities"), I understand that there are a variety of risks associated with my participation and use, including but not limited to scratches, transient dizziness, fainting, nausea, muscle cramping, sprains and strains, heart attack, stroke or death.
I recognize that certain hazards cannot be removed regardless of how much effort is taken to avoid injury. I also acknowledge that the specific risks vary by activity, but generally include (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of vision, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries such as paralysis and death.
GUARANTEE
I have read and fully comprehended the Pedal House Bike Safety Instructions, which are available on the company's website (www.punch-pedal.com), and which were also supplied to me in printed copy by Pedal House employees. I will adhere to all stated and customary conditions, posted safety notices, guidelines, and spoken directions provided to me by employees at all times. If, in the subjective opinion of the Pedal House staff, participating in Pedal House's Classes would place me at physical risk, I understand and agree that I may be denied access to the Classes and Facilities until I provide Pedal House with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Pedal House's concerns and stating that Pedal House's concerns are unfounded.
I will adhere to all safety precautions, facility rules, and verbal directions provided by personnel. I do not have any medical, mental, or physical conditions that might raise my risk of damage or have an unfavorable effect on my health as a result of my participation and usage of the Classes and Activities.
ASSUMPTION OF RISK AND INDEMNITY WAIVER, AND RELEASE
I hereby assume all risk associated with my participation in and use of the Classes and Activities, and further agree to forever release, indemnify, and hold harmless Pedal House, its affiliates, and each of their respective directors, officers, employees, agents, contractors, and sponsors from any and all claims, suits, losses, or related causes of action for damages, including but not limited to, such claims, that may result from any injury, illness, or death, accidental omission, or other occurrence.
In exchange for being permitted to attend and use the Classes and Facilities, I hereby:
Agree to accept full responsibility for any and all injuries or damage experienced or aggravated as a result of my participation in the Classes or Facilities.
To the fullest extent permitted by law, agree to release, indemnify, and hold harmless Pedal House, its direct and indirect parent, subsidiary, and affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, as well as each of their respective successors and assigns, and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of or in any way connected with my participation.
I certify that I:
(a) Am not suffering from any medical or physical condition that would preclude me from participating in any of Pedal House's classes or facilities.
(b) Am not suffering from any health or mental ailment that might jeopardize my physical or medical safety.
(c) Have not been advised by a physician to abstain from physical activity. I realize that if I have any chronic impairments or illnesses, I am putting myself at risk by participating in Pedal House's classes and facilities and should avoid any classes.
This Waiver and Release of Liability shall be enforceable against my heirs, spouse, next of kin, executor, administrators, and assigns.
I have read and completely understand this Minor-Under-18 Assumption of Risk, Waiver, and Release Agreement, and am aware that I am waiving considerable rights, including my ability to sue Pedal House in certain instances. I thus recognize that I am signing this waiver voluntarily and freely. This waiver is perpetual.
MEDICAL RECOMMENDATIONS AND DISCLAIMER
The services may include information on health and fitness and are intended solely for educational and entertaining purposes. Before beginning a new exercise regimen, you should visit your physician, general practitioner, or other health-care provider. This material is not intended to be a substitute for, or a substitute for, professional medical advice, diagnosis, or treatment. Always visit a physician, general practitioner, or other health-care professional if you have any concerns or questions regarding your health. Do not dismiss, avoid, or postpone seeking medical or health-related advice from a healthcare expert based on something you read on our website or heard through our goods and services. The information contained in our goods and services is offered at your own risk and does not constitute medical or healthcare advice.
VALUABLES AND PERSONAL PROPERTY
I recognize that I have been advised not to bring valuables onto the Facilities and that Pedal House shall not be liable for the loss, theft, or damage to my personal property, including things left in lockers, toilets, studios, or anywhere on the Facilities. I acknowledge that no percentage of any fees paid by me is in exchange for valuables protection.
PAYMENTS
Unless pedal house expressly states otherwise in writing, membership fees will commence at the moment of purchase and will renew monthly until the member cancels in line with our cancellation policy as indicated above. Memberships commence upon purchasing (not upon the member's first class). Monthly dues will be charged automatically on the same day of the month as the membership began and the initial payment was completed (the "Billing Date").
Billing dates cannot be changed. If payment is not properly processed, the Membership will be dormant until payment is received. Any time wasted as a consequence of payment processing difficulties is neither refundable or creditable.
Cancelling a Membership before the commitment term's completion does not relieve the Member of payment obligations for the remainder of the commitment period.
Pedal House maintains the right to increase Membership dues at any time and will provide Members with written notice and the option to discontinue their Membership prior to the increase taking effect. Members who elect to renew their membership will be charged the additional dues in the next billing cycle. Please keep in mind that the prior written notice and right to cancel do not apply to Memberships that include automatic pricing increases as indicated at the time of purchase.
Taxes
Pedal House is required to collect sales tax in New York on taxable credits, memberships, and other purchases. The prices displayed do not include any applicable federal, state, or municipal taxes. Taxes will be calculated at the time of purchase based on the region and goods.
Payment Obligations Of Members And Participants
Credits and Memberships are non-refundable. Members and Participants shall not be released from their obligations to make agreed-upon payments, and no reduction from or refund of any payment shall be made as a result of the Member's or Participant's failure to use Pedal House's facilities. In other words, regardless of the number of classes attended, Members must continue to pay the agreed-upon fee for the term of the Membership. Participants will not be refunded or credited for any unused Credits during the term specified for the bought class package. Pedal House maintains the right to adjust membership dues and class/package costs on a case-by-case basis.
A "Participant" is anybody who purchases a Pedal House class credit or package and/or anyone who attends a Pedal House class or receives any other service from us. A Member is defined as someone who purchases or has a Punch Pedal Membership. The term "Pedal House" as used in these Terms and Conditions refers to either Pedal House or the indoor cycling and boxing boot camp sessions offered by Pedal House, as applicable.
Form Of Payment
All payments (including monthly Membership dues, lessons, Early Booking, and incidentals) must be made electronically from the Member's or Participant's credit card or debit card account. Payments for Membership dues or classes cannot be divided across several cards, and completed payments cannot be returned in order to charge the payment to another card. Members and Participants must permit payments to be sent using an electronic money transfer system controlled by a third party. At all times, Members and Participants have complete control and privacy over their account.
Once you've given us your credit card information and agreed to allow us to keep it on the Pedal House Website or Pedal House App, you no longer need to have your physical credit card on hand to make in-studio transactions. Purchases made in-studio can be credited to the credit card specified on the Pedal House Website or Pedal House App.
Returned Payment Penalty
Members and Participants will be charged automatically any bank fees imposed on Punch Pedal, in addition to a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other cause. If this occurs, Pedal House reserves the right to collect the current and past due payments in any subsequent month.
Disputed Charge Penalty
If a Member or Participant starts a credit card dispute that is later adjudicated in favor of Pedal House, Pedal House has the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who contest a legitimate charge for a late cancellation or no-show will be assessed this $50 cost.
Change In Operating Hours/Temporary Closing Of Facility
As a consequence of repair, maintenance, special occasions or events, holidays, acts of God (such as a big blizzard), or for other reasons, Pedal House may chose to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or refund of Membership dues at such time nor extension of a Membership period as a consequence of any temporary closing. Also, hours of operation may be altered from time to time, and specific facilities, services or activities may be added or discontinued from time to time, at Pedal House's sole discretion. For queries or special difficulties with the closing of Pedal House facilities and usage of Credits, email hello@punch-pedal.com.
Corporate And Student Memberships
Pedal House has corporate Memberships with numerous corporations and organizations through which their workers obtain reduced Memberships and class packages. The same terms that apply to public Membership as indicated above also apply to business Membership. In addition, if someone becomes a corporate Member, he/she cannot retrospectively apply the discount to earlier purchases or prior Membership dues.
Pedal House also provides cheap Memberships to students. (See below for information about further student discounts.) The same terms that apply to regular Membership as indicated above also apply to student Membership. In addition, if someone becomes a student Member, he/she cannot retrospectively apply the discount to earlier purchases or prior Membership dues.
Student discounts cannot be coupled with any other discounts, such as special pricing for new studio openings, or promotions. Pedal House retains the right, from time to time, to verify eligibility for corporate and student Memberships.
Student, Teacher And Military Credits
From time to time, Pedal House provides subsidized Classes to students, teachers, and members of the military, subject to qualifying limits and circumstances that are subject to change. Students, professors, and members of the military who are interested in earning these discounts must present Pedal House with the documentation asked by Pedal House to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to book a class for anyone other than the intended student, instructor or military recipient whose status has been validated by Pedal House.
Pedal House maintains the right, from time to time, to verify eligibility for student, teacher, or military status.
Special Promotions/Offers
From time to time, Pedal House may provide special specials or deals. When such promotions or offers happen, please refer to the relevant promotion specifics for any conditions that may differ from these Terms and Conditions.
There Are No Refunds
You can swap purchases for credits to another series, but we do not have refunds, whatsoever.
CONDUCT, RISKS AND SAFETY
Initial Introduction
Members and Participants are strongly urged to seek and take advantage of an initial introduction (including bike fitting) and ongoing support offered to guarantee the appropriate and safe usage of all Pedal House equipment.
Conduct
Members and Participants shall not use any Pedal House facility, service or equipment in such a way as to risk the health or safety of themselves or others. Members and Participants shall be liable for any property damage or personal harm caused by themselves or their guests. Members & Participants agree not to break any laws while at Pedal House facilities.
Revocation Of Memberships And Credits
Pedal House reserves the right to revoke Memberships or Credits at any time and without notice if a Member or Participant engages in behavior that is unsafe or objectionable to another Member, Participant, or staff, or for reasons of nuisance or disruption to another Member, Participant, or staff, moral turpitude, fraud, personal hygiene, or attire. Additionally, Pedal House maintains the right, in its sole discretion, to demand a Member or Participant to vacate the premises for the day if the Member or Participant constitutes a health or safety concern, or is bothering or is likely to disrupt any other Member, Participant, or staff.
ADDITIONAL GENERAL PROVISIONS
Day Lockers
Lockers are supplied purely for the members' use and convenience. Any items left in a locker overnight will be removed by Pedal House personnel.
Cellphones
Cellphones are not permitted in Pedal House lessons unless a studio manager grants permission in exceptional circumstances.
Pets And Bicycles
Pets, excluding service pets, and bicycles are not permitted in Pedal House premises, unless otherwise authorized by the studio.
Dress Code
Athletes must wear appropriate athletic clothing. Cycling shoes are necessary for Pedal House sessions and may be rented at each Pedal House classroom for $4.00. Pedal House maintains the right to make the ultimate judgement regarding proper dress in its own discretion.
Independent Contractors
Pedal House may, from time to time, make independent contractors' services accessible to Members, Participants, and their guests. Pedal House makes no representations or warranties about the quality of these services.
Guest Rules
Guests are authorized to utilize Pedal House facilities, but only in accordance with the regulations, fees, and schedules in place at the time. Pedal House requires all visitors to register at the front desk with appropriate identification and complete the customary release agreement.
Special Events
Pedal House has the right to reserve its facilities for special events, contests, and private gatherings on an as-needed basis.
Children's Use
All children under the age of 18 must be accompanied by a parent at all times while on the premises of Pedal House, unless they are participating in a supervised activity. Without the express approval of Pedal House management, children under the age of 13 are not permitted in any Pedal House facility.
Non-Discrimination
Pedal House does not discriminate on the basis of gender, race, creed, age, color, sexual orientation, country origin, or ancestry in its classes and activities.
DISCLAIMER OF WARRANTIES
Without limitation, all content, materials, and services on this Site are provided "as is" and "as available," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, as well as any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We expressly disclaim any and all implied guarantees. We make no warranty that the Site or its services, content, functionalities, or materials will be available on a timely, secure, or error-free basis, or that errors will be rectified. We offer no guarantee that the Site will fulfill the needs of users. If you are unsatisfied with the Site, your only recourse is to stop using it. You should not rely on the Site to store any user information. You should maintain copies of any such data and information in your own records in case the Site goes down or becomes inaccessible, or in case the data or information is destroyed.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither we nor any of our directors, officers, or employees, nor our agents, affiliates, or content or service providers (hereinafter associated entities) shall be liable for any damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential, exemplary, or punitive, arising out of or in any way connected with your use of or inability to use this Site. Without limitation, no liability shall arise for any loss of income or expected profits, or for any lost business or sales, even if we and/or our affiliated companies have been notified of the possibility of such losses. Certain countries prohibit the exclusion of implied warranties, and hence some of the aforementioned limitations may not apply to you. In such a circumstance, our maximum liability will be limited to the amount you paid for access to this Site. We or our affiliated businesses shall not be liable for any content posted, uploaded, exchanged, or received on or via the Site by or on behalf of any user or other person.
LINKS FROM OUR SITE
Our Site contains links to third-party websites that are managed and administered by individuals and/or businesses other than Pedal House. These links are provided for your convenience and information. The presence of a link to another website does not imply that we support the website's content, goods, services, advertising, or other things.
You acknowledge and accept that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website - or for any products, services, or advertising offered on or through these sites.
DIGITAL MILLENNIUM COPYRIGHT ACT (THE “DMCA”)
In compliance with the DMCA, we have implemented the following policy against copyright infringement. We retain the right to restrict access to or delete information that we think in good faith has been illegally copied and disseminated by any of our advertisers, affiliates, content suppliers, members, or users, as well as to terminate or suspend service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content on or accessible through the Services violates your copyright (or the copyright of someone on whose behalf you are authorized to act), please send the following information to Pedal House's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact information is listed below):
A physical or electronic signature of a someone authorized to act on behalf of the owner of the allegedly infringed copyright.
Identification of the works or materials that have been allegedly infringed.
Identification of the allegedly infringing content, including information about the location of the allegedly infringing materials that the copyright owner wishes to have deleted, in sufficient detail for Pedal House to locate and verify its existence.
The notifier's contact information, including their address, telephone number, and, if available, an email address.
A statement from the notifier that the content identified in (1)(c) is not allowed by the copyright owner, its agent, or the law.
Under penalty of perjury, a statement that the information supplied is correct and that the notified party is authorized to file the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.
We retain the right, upon receipt of a formal notice of copyright infringement:
Remove or disable access to the material that is infringing.
We will notify the content provider who is being sued that we have deleted or disabled access to the allegedly infringing material.
If a content provider is a repeat offender, we may suspend or cancel his or her access to the Services.
Please contact Pedal House’s Designated Agent at the following address:
To learn more about the DMCA, click HERE.
ENFORCEMENT
If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall have no effect on the validity or enforceability of the remaining provisions of this agreement, which shall remain in full force and effect, and the provisions found to be invalid or unenforceable shall be deemed modified to give them the maximum effect permitted by applicable law.
ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER
CAREFULLY READ THE FOLLOWING ARBITRATION AGREEMENT AS IT REQUIRES YOU AND PEDAL HOUSE TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
A. Arbitration Agreement Applicability. All claims and disputes (with the exception of claims for injunctive or other equitable relief as set forth below) arising out of or relating to the Terms and Conditions that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, through binding arbitration on an individual basis pursuant to the terms of this Arbitration Agreement. This Arbitration Agreement is binding on you and Pedal House, as well as their 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 pursuant to the Terms and Conditions.
B. Requirement for Notice and Informal Dispute Resolution Prior to either party seeking arbitration, the other party must provide the other party a formal Notice of Disagreement ("Notice") detailing the nature and grounds of the claim or dispute, as well as the sought remedy. A Notice to Pedal House should be addressed to: Pedal House, 18 East 18th Street, New York, New York 10003, United States. Take note of the legal aspect. Following receipt of the Notice, you and Pedal House may pursue an informal resolution of the claim or disagreement. If you and Pedal House do not reach an agreement to settle the claim or disagreement within 30 days of receiving the Notice, either party may initiate an arbitration procedure. The arbitrator may not divulge the amount of any settlement offer made by any party until the arbitrator has established the amount of the award, if any, to which each party is entitled.
C. Arbitration Procedures. Arbitration shall be launched through the American Arbitration Association ("AAA"), a recognized alternative dispute resolution provider ("ADR Provider") that offers arbitration in accordance with the provisions of this section. If AAA is unable to arbitrate, the parties shall agree on a substitute ADR provider. Except to the extent that such rules contradict with the Terms and Conditions, the ADR Provider's rules shall control all elements of this arbitration, including but not limited to the process of initiating and/or requiring arbitration. The arbitration will be governed by the AAA Consumer Arbitration Rules ("Arbitration Rules"), which are accessible online at www.adr.org or by calling the AAA at 1-800-778-7879. Arbitration shall take place before a single neutral arbiter. Any claims or disputes involving an award of less than ten thousand United States Dollars (US $10,000.00) may be decided by binding non-appearance-based arbitration, at the party seeking relief's discretion. For claims or disputes with a total award sought of ten thousand United States Dollars (US $10,000.00) or more, the Arbitration Rules shall decide the right to a hearing. Unless the parties agree otherwise, any hearing will take place in the city of New York, New York. Any court of competent jurisdiction may enter judgment on the arbitrator's award.
D. Additional Rules for Arbitration in the Absence of Appearance. If non-appearance arbitration is decided, the arbitration shall be conducted via telephone, online, or purely on the basis of written submissions; the way in which the arbitration shall be conducted shall be determined by the party initiating the arbitration. Unless the parties agree otherwise, the arbitration shall take place without the parties or witnesses appearing personally.
E. Arbitrator's Authority. If arbitration is begun, the arbitrator will determine your and Punch Pedal's respective rights and responsibilities, if any, and the dispute will not be combined with or joined with any other issues or parties. The arbitrator has the ability to grant motions resolving all or a portion of a claim. The arbitrator has the ability to award monetary damages and to give any non-monetary remedy or relief that an individual may be entitled to under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator shall produce a written award and statement of judgment outlining the important facts and conclusions that support the award, as well as the methodology used to calculate any damages awarded. The arbitrator has the same ability as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and Pedal House.
F. Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL IN FRONT OF A JUDGE OR A JURY, electing instead to resolve all claims and disputes through arbitration pursuant to this Arbitration Agreement, with the exception of claims for injunctive or other equitable relief as set forth below. Arbitration processes are often more constrained, efficient, and cost effective than court proceedings, and are subject to extremely limited judicial scrutiny. If any litigation between you and Pedal House occurs in any state or federal court, whether to vacate or enforce an arbitration award or otherwise, YOU AND PEDAL HOUSE WAIVE ALL RIGHTS TO A JURY TRIAL, preferring instead for a judge to handle the issue.
G. Class or Consolidated Action Waiver. ALL CLAIMS AND DISPUTES FALLING WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS, NOT IN A CLASS ACTION, AND CLAIMS BROUGHT BY MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE BROUGHT BY ANOTHER CUSTOMER OR USER.
H. Severability. If any portion or parts of this Arbitration Agreement are determined to be defective or unenforceable under applicable law by a court of competent jurisdiction, such part or parts shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
I. Waiver of Rights. The party asserting the claim may waive any or all of the rights and restrictions set out in this Arbitration Agreement. This waiver shall be in addition to and not in lieu of any other provision of this Arbitration Agreement.
J. Agreement Survival. This Arbitration Agreement shall remain in effect even if your relationship with Pedal House is terminated.
K. Small Claims Court. Regardless of the above, either you or Pedal House may file a small claims lawsuit in small claims court.
L. Equitable Relief. Regardless of the foregoing, either party may seek equitable relief in a court of competent jurisdiction for alleged unauthorized use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or emergency equitable relief in a court of competent jurisdiction to preserve the status quo pending arbitration. A request for interim measures shall not be construed as a renunciation of any of the Arbitration Agreement's other rights or responsibilities.
NEW YORK
ADDITIONAL RIGHTS TO CANCELLATION
Additionally, you have the right to cancel this contract for any of the following reasons: If, on a doctor's order, you are unable to physically obtain the services for a period of more than six months due to a major physical handicap. If you die, your estate shall be released from any further payment obligations under the contract that are not yet due and owing. If you relocate more than 25 miles from any seller-operated health club. If the services specified in the contract fail to be provided. All money paid in connection with such contract that is cancelled for the reasons specified in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided, however, that the seller may retain the expenses incurred and the portion of the total price representing services used or completed, and further provided that the seller may demand the reasonable cost of goods and services consumed or retained by the buyer following cancellation. The seller shall never demand from the buyer more than the whole agreed amount. If the buyer has entered into a credit or loan arrangement to pay for all or part of the health club's services, the buyer must also return any negotiable instrument entered into by the buyer within 15 days.
IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS.
Certain health clubs in New York State are required by law to maintain a bond or other form of financial security to safeguard members in the event the club collapses. Pedal House is not required to submit a cash guarantee. YOU MAY ASK A CLUB REPRESENTATIVE FOR EVIDENCE THAT THE CLUB IS COMPLIANT WITH THIS LAW. YOU CAN ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231.
Members are entitled to cancel this contract without penalty within three days of its execution, excluding holidays and weekends, by mailing or delivering written notice to Pedal House, and to receive a refund of all moneys paid under the contract, except that Pedal House may retain an amount calculated by dividing the number of complete days in the contract term, or, if applicable, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund will be made within 30 days after receipt of the cancellation notification.
Members are entitled to a contract cancellation and refund if the contracting business location of Pedal House closes or relocates its facilities more than five (5) driving miles and fails to provide a facility of comparable quality within five (5) driving miles at no additional cost to the buyer within 30 days.
Members must notify Pedal House in writing of their intention to cancel. The consumer's responsibility to any entity to which Pedal House has subrogated or assigned the consumer's contract shall likewise automatically end upon receipt of such a cancellation notice. If Pedal House intends to enforce the contract following receipt of the notification, it may request that the department ascertain the notice's adequacy.
If the department concludes that the buyer is entitled to a refund, the refund should be calculated by dividing the contract price by the number of weeks left in the contract term and multiplying the result by the remaining weeks in the contract term. Pedal House shall not be considered out of business when the premises are temporarily closed for repair and renovation for a period of no more than 14 consecutive days either (1) upon sale or (2) during ownership for no more than seven (7) consecutive days and no more than two (2) periods of seven (7) consecutive days in any calendar year.
The contract may be cancelled if the buyer dies or becomes physically unable to use a substantial portion of the services he or she used from the contract's inception until the time of disability, with a refund of funds paid or accepted in payment of the contract in an amount calculated by dividing the contract price by the number of weeks remaining in the contract's term and multiplying the result by the remaining weeks in the contract. The buyer or the buyer's estate may be needed to submit proof of incapacity or death in order to get relief under this paragraph. A physical disability sufficient to justify the buyer's cancellation of the contract shall be established if the buyer provides Pedal House with a certification of such disability signed by a physician licensed under Chapter 458, 459, 460, or 461 to the extent that the diagnosis or treatment falls within the physician's scope of practice. A refund will be made within 30 days after receipt of the cancellation notification.
The first contract will be for a maximum of 36 months and will be renewed yearly afterwards. Renewal contracts may not be completed or fees paid until 60 days or less before the expiration of the prior contract.
If the Pedal House demands identification from a customer upon access to the facility and as a condition of using the health studio's services, the Pedal House will give the buyer with the necessary identity.
Participants and Members are subject to these Terms & Conditions. You recognize and accept these Terms and Conditions each time you buy a purchase from us, attend a class, or get any other service from Punch Pedal.
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 Pedal House 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, with the exception of claims and disputes originating from Pedal House's Florida studios which shall be governed in all respects by the substantive law of the state of Florida. You and Pedal House hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of New York 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, Pedal House's Terms of Service, and any other Pedal House rules, policies, and regulations, as amended from time to time, comprise the parties' full and exclusive agreement and replace all earlier promises, representations, understandings, and/or agreements. This agreement may be updated only in writing and at the sole discretion of Pedal House.
CONTACT US
If you have any queries about our Terms and Conditions, you may contact us at the following address:
Pedal House
18 East 18th Street
New York, NY 10003
Email: hello@pedalhousenyc.com