Privacy Policy – Ride 209

RIDE209’S TERMS OF SERVICE

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

Last Updated: July 25, 2023
Here is RIDE209’s Terms of Service. We know it’s a long page, because of this we have broken it up into sections which detail different aspects of RIDE209’s service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.
OK, so let’s start…

CONTENTS

Scope of Agreement
Changes to this Agreement
Accessing the Services and Account Security
Prohibited Uses
Studio Policies, Rules and Regulations
Mobile Services
Termination & Survival
Third-Party Sites
Assignment
Fees
Non-Harassment Policy
Intellectual Property Rights
Feedback
Entire Agreement & No Waiver
Services Interruptions
Indemnification
Limitation of Liability
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
Notifications
Privacy Policy
Contacting Us

1. SCOPE OF THIS AGREEMENT
Please read these Terms of Service ( “Terms”) carefully before using https://ride209.com , our mobile applications (“Apps”), services provided at our studios, and any other services that we provide that link to these Terms (the Site, Apps, and other services, collectively, the “Services”). This Terms of Service is an agreement between you and RIDE209 and sets forth the legally binding terms and conditions for your use of the Services. This Terms of Service hereby incorporates by reference our Privacy Policy, available at (the Terms of Service and Privacy Policy, collectively, the “Agreement”).
By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the App(s), or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site or App and discontinue use of the Services immediately.

2. CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material terms to these Terms, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms. If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.

3. ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services. By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s). In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

4. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

Use the Services for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise attempt to interfere with the proper working of the Service.

5. STUDIO POLICIES, RULES, AND REGULATIONS
CANCELLATIONS: To cancel a RIDE209 class you reserved using a class credit, you may do so without penalty by canceling online, via the mobile app, or by calling the studio NO LATER THAN 5:00 PM the evening before your scheduled class. If you cancel by this time, your class credit will be returned to your account. If you cancel your class after 5:00 PM the evening before your class, you will be charged a $15 late cancel fee. if you do not have a card on file, the credit will be forfeited.
To cancel a RIDE209 class you reserved using an unlimited membership, you may do so without penalty by canceling online, via the mobile app, or by calling the studio NO LATER THAN 5:00 PM the evening before your scheduled class. If you cancel your spot after 5:00 PM the evening before your class, you will be charged a $15 late cancel fee. If you do not have a working card on file, your account will be temporarily frozen until you update the card on file, at which time the late cancellation fee will be charged, and your account will be reinstated. Cancellations via electronic mail (email), Facebook Messenger, Instagram, or text message will not be taken, and you will be charged.
NO-SHOW POLICIES
Should you no-show to a RIDE209 class you reserved using a class credit, you will be charged a $25 no-show fee. If you do not have a working card on file, the credit will be forfeited. Should you no-show to a RIDE209 class you reserved using an unlimited membership, you will be charged a $25 no-show fee. If you do not have a working card on file, your account will be frozen until you update your card. Once we update your card on file, the $25 no-show fee will be charged and your account will be reinstated. Please be aware that we release spots EXACTLY two minutes before the start of class to those on the waitlist. If you are running late, please call the studio and speak with a front desk staff member to ensure we hold your spot. If you check in to class via the app and do not come to class, you’ll be charged in accordance with the details above.
WAITLIST POLICY
If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. RIDE209 staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
The system will auto-populate clients into class from the waitlist as other clients with confirmed spots cancel and bikes will be assigned as such. RIDE209 staff will add walk-in, waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY 2 minutes before the start of class. There is no waitlist priority given for early arrival.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Persons who purchase ANY membership package (such as but not limited to Platinum, Gold, Silver, Bronze Fitness or Bronze Ride) are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live RIDE209’s classes or activities, whether in person or online, is strictly prohibited without the prior written consent of a RIDE209 manager. RIDE209’s instructors are not authorized to provide consent. This includes even a temporary recording/transmission live RIDE209’s class via online platforms such as SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a RIDE209 class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this non-recording agreement is grounds for exclusion from participation in any RIDE209s activities. You further agree to indemnify, defend, and hold harmless RIDE209, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.
PERSONAL BELONGINGS:You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
MISCELLANEOUS:

Always bring our cardio equipment ( indoor cycles, treadmills, climbers, and ellipticals) to a complete stop before getting off.
Do not put anything on the treadmills. (i.e. weights or equipment).
If recovering from injury or illness, or have known sensitivities, notify the instructor prior to class start time. Also we require that you get a physicians consent if you have a medical indication that may prevent you from participating in RIDE209’s activities.

REFUND POLICY:
We offer account credit for unused purchases of classes and memberships. If you have a circumstance under which you need a refund, please contact info@ride209.com with your inquiry. All retail may be returned within 14 days of the date of purchase, unworn, free from any marks or stains, and all original tags attached. No returns will be provided without a receipt.
AUTO-DEBITED CONTRACTS & UNLIMITED MEMBERSHIPS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
You, the Client, authorize RIDE 209 LLC DBA RIDE209 FITNESS AND RECOVERY STUDIO, on a recurring basis, to automatically charge the debit or credit card account you have specified, for monthly payments due on your auto-debit plan associated with your account.
You understand that RIDE209 will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your auto-debit contract and/or in connection with cancellation fees according to the RIDE209 cancellation policy. RIDE209 will initiate charges each month on the date your contract is set to renew. RIDE209 may discontinue processing of recurring charges if the Company is unable to secure funds from your debit or credit card you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information you have provided. If RIDE209 is unable to secure funds for your monthly membership within 48 hours of your auto pay date, your membership will be cancelled. If you choose to reinstate your membership, you will have two choices to pay the repay the enrollment fee and agree to pay the current pricing for the membership you are wanting to do. Or you can make your account current by paying for the autopay or autopays you have missed and keep your current pricing.
CANCELLING MEMBERSHIPS: If you choose to cancel your membership, you will need to give us 30 days notice and by cancelling, you understand that if you return and reinstate your membership you will have to pay the enrollment fee and also you will have to pay the current pricing of whatever membership you are enrolling in.

6. MOBILE SERVICES
Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase RIDE209 via your mobile phone, (ii) the ability to receive and reply to RIDE209’s messages, (iii) the ability to browse RIDE209 from your mobile phone and (in) the ability to access certain RIDE209’s features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and tees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.

7. TERMINATION & SURVIVAL
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting our studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

8. THIRD-PARTY SITES
Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

9. ASSIGNMENT
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

10. FEES
You acknowledge that RIDE209 charges fees for its services, and subject to the applicable law, RIDE209 reserves the right to change its fees from time to time in its discretion.

11. NON-HARASSMENT POLICY
RIDE209 disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any RIDE209 personnel, including while participating in a RIDE209 Class or personal training, at a RIDE209 studio, or any other RIDE209-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a manager at RIDE209. When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place , names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances. RIDE209 will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. RIDE209’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. RIDE209 strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed. Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below for users in the United States.

12. INTELLECTUAL PROPERTY RIGHTS
The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to RIDE209, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of RIDE209. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. RIDE209 its icon and other graphics, logos, wordmarks, and designs are trademarks of RIDE209 in the U.S. and/or other countries for which applications are pending. RIDE209 trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RIDE209.

13. FEEDBACK
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and RIDE209 does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant RIDE209 the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. RIDE209 does not waive any rights to use similar or related feedback or ideas known to RIDE209, developed by RIDE209 employees, or obtained from other sources.

14. ENTIRE AGREEMENT & NO WAIVER
The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

15. SERVICES INTERRUPTIONS
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

16. INDEMNIFICATION
You agree to release, indemnify, and defend RIDE209, LLC. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

17. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF RIDE209 ENTITIES TO YOU.

By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of RIDE209 or in a RIDE209 facility or using RIDE209’s equipment, and/or by using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of RIDE209’S workout programs and classes; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that RIDE209 strongly recommends that you consult with a licensed physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages RIDE209, LLC, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any RIDE209’S activities. Registration of minors (ages 12-18) must be completed in person at one of our studios with a parent or legal guardian present. A minor 12-18 years of age may participate only with a parent or legal guardian present.
In addition by agreeing to these terms, you understand that RIDE209 may photograph and record you. They may publish and distribute these photographs and recordings in connection with your participation in RIDE209 activities and your attendance at RIDE209 facilities. By acknowledging these terms, you agree and consent that RIDE209 may display these photographs and recordings through our website and social media channels.

18. COVID-19 PANDEMIC LIMITATION OF LIABILITY
RIDE209 handled the COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, RIDE209 cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at RIDE209 may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at RIDE209 Fitness and Recovery Studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at RIDE209 may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, RIDE209’s employees, members, and attendees.
By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other programs of RIDE209, whether in a RIDE209 facility or using RIDE209’s equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at RIDE209 or as a result of participation in RIDE209’s (“Claims”); and (b) covenant not to sue, RIDE209 its instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of RIDE209 its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending RIDE209’S studio facilities or participating in any RIDE209’s classes. Some states do not allow waiver of certain types of risks, so the above limitations may not all apply to you. 19. NOTIFICATIONS We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. RIDE209 is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

20. PRIVACY STATEMENT
We at RIDE209 are committed to protecting your privacy. This privacy policy outlines the type of information we receive and collect when you use the features on our website as well as some of the steps that we take to safeguard the information. Please read this privacy policy before using this site or submitting your personal information. By using this site, you are accepting the practices described in this privacy policy. We do not sell your information to anyone. Registration of minors (ages 12-18) must be completed in person at our studio with a parent or legal guardian present. If we learn any personal information has been submitted to the website from a child under the age of 13, we will delete that information as quickly as reasonably possible. RIDE209 does not seek or share personal information from minors through this website. Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails, phone calls, mobile text messages, and newsletters from this site allow you to opt out of future marketing communication. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate. We do not sell your information to anyone. RIDE209 reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders at their sole discretion. WAIVER AND RELEASE When you visit GritCycle or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. CONTACTING US
If you have any questions about the Terms of Service in relation to the Services, the Site, or App(s), please contact us at: info@ride209.com