TERMS | PEDAL Outdoor Cycle

PEDAL CYCLING ALAMEDA

TERMS AND CONDITIONS

We’re so glad you’re here! We believe every member of our PEDAL CYCLING ALAMEDA community matters. Our goal is to do our very best to ensure that every experience with PEDAL exceeds expectations. If that doesn't happen, we hope you will give us an opportunity to try to address any challenge faced. To do that, please e-mail us at letsride@pedalcyclingalameda.com with a description of your concerns. Thank you in advance for giving us the opportunity to listen and ensure you are as happy as can be!

We at PEDAL are committed to protecting your privacy. We understand the importance of privacy, and we want you to be as comfortable as possible visiting our website and using our services. This privacy policy outlines the types of personal information we receive and collect when you use any of the features offered from time to time on our website, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may change, but any changes will be posted, and changes will only apply to activities and information on a “going forward” basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

COLLECTION OF INFORMATION

The PEDAL website allows users to receive information about PEDAL, as well as book, cancel, and pay for services and products offered at the PEDAL Studio. The services offered by PEDAL include but are not limited to the www.pedalcyclingalameda.com website, which is hosted in the United States.

We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and etcetera when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer.

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 and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information.

PEDAL reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit PEDAL 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. PEDAL reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.

COOKIE/TRACKING TECHNOLOGY

This website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize our website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

DISTRIBUTION OF INFORMATION

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

CHILDREN UNDER 13

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please DO NOT attempt to register on our website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 13, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under 13, please contact us at letsride@pedalcyclingalameda.com.

CHILDREN BETWEEN THE AGES OF 13 AND 18

If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian. A parent or guardian must be the person checking the Terms and Conditions box. A paper "teen waiver" must also be signed by a parent of a minor prior to that minor's first class.

SOCIAL MEDIA

We do periodically take and post pictures and videos of our class participants before, during and after class and post them on our social media pages. If you do not wish to participate in pictures or videos being taken or posted, please let us know.

COMMITMENT TO SECURITY DATA

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 marketing emails and newsletters from this site allow you to opt out of further marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate. Nevertheless, absolute security does not yet exist on the internet. As we continue to evolve our website and incorporate new technologies to improve communication, our policies may change. We encourage you to refer to this policy on an ongoing basis to stay abreast of our most current privacy policy practices.

RETAIL RETURN AND EXCHANGE POLICY

All retail returns and exchanges must be returned or exchanged 7-days from the date of purchase. Clothing must be in original condition, unworn and unwashed with ALL original tags attached. Clothing with marks from makeup or deodorant will not be taken back. PEDAL staff has sole discretion in authorizing returns and exchanges.

REFUND/PURCHASE/CANCELLATION POLICY

In order to make a reservation, you must first purchase a single class, or PEDAL Membership. To buy a class or membership, you can do so from our FitDegree APP. Please note that the prices of future classes, packs and memberships might be subject to change. Your credit/debit card will be charged for your order when you submit your purchase. As soon as your charge is approved, your class or membership will be delivered to your account. If you fail to pay any charges when due, PEDAL reserves the right to suspend or terminate your privileges. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that PEDAL may incur in its efforts to collect any past due or unpaid balances from you. Classes purchased will not be entitled to a refund.

If you want to cancel a class after it’s been booked, you must do so 3-hours before the class time to avoid being charged for the class. You can cancel a class reservation by simply accessing your FitDegree APP account and selecting the “Cancel” option next to your upcoming classes. If you cancel 3-hours before the class time, your class credit will be returned to your account. If you do not cancel 3-hours before the class time, the credit will not be returned to your account. If you purchase one of the PEDAL Monthly Membership options, you are required to store your credit card. With our UNLIMITED Monthly Series, a late cancellation or no-show fee of $15 will be charged to your card on file with any late cancellations or no-shows (see stated cancellation policy above). This cancellation policy may not apply to special events at PEDAL. Please see individual cancellation terms when purchasing for special events.

LATE TO CLASS POLICY

Please come to class at least 5 minutes prior to class start time to get set up and ready to PEDAL. We reserve the right to give away your reserved spot in the class if you are not on your bike at class start time unless you have called, spoken to us and let us know that you are running late (in which case, if you arrive within 5 minutes of class start time, we will save a bike for you. We will not allow anyone to join a class after 5 minutes of class start time.

MEMBERSHIPS AND CREDIT CARDS ON FILE

By purchasing a MEMBERSHIP from PEDAL, you agree to our terms and conditions in full. Memberships cannot be shared between clients. Ongoing monthly auto debit contract clients are required to keep a credit card on file in the FitDegree APP. If a client holding an auto debit MEMBERSHIP does not keep a card on file, their contract will be terminated, and the MEMBERSHIP will not renew if holding an auto debit package.

Classes and memberships may not be extended, transferred or refunded. The expiration date set on an expiring class is the date on which the class may no longer be used.

Clients may elect to keep a credit card on file using their FitDegree APP account online. By placing a card on file, the cardholder and account holder permits the Fitdegree and PEDAL staff to charge the card for any auto debit packages and/or cancellation fees accrued in accordance with the PEDAL cancellation policy detailed in the Terms and Conditions.

AUTO DEBIT CONTRACTS

The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:

I, the Client, authorize Pedal Cycling Alameda, Inc to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my auto-debit plan associated with my account.

I understand that Pedal Cycling Alameda, Inc will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit account and/or in connection with cancellation fees according to the PEDAL cancellation policy. Pedal Cycling Alameda, Inc will initiate charges each month on the date my contract is set to renew.

Pedal Cycling Alameda, Inc may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit-card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand that the Pedal Cycling Alameda, Inc booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any classes past the renewal date and notified via electronic mail. I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked and that I will not be given any priority in waitlisted classes. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Pedal Cycling Alameda cannot be held responsible for errors in processing due to expired or inaccurate information.

WAIVER AND RELEASE

In checking the "Terms and Conditions" box, you agree that you are at least 18 years of age. By signing up for and/or attending PEDAL classes, activities and other programs, and using PEDAL’s premises, facility, and equipment (collectively, Classes and Facility), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facility. In consideration of being allowed to participate in and access the Classes and Facility provided by PEDAL, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facility, (2) waive, release and forever discharge Pedal Cycling Alameda, Inc, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facility, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of PEDAL’s Classes and Facility and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. PEDAL hereby advises you that individuals with any chronic disabilities or conditions are at risk in using PEDAL’s Classes and Facility and are advised against doing so. In addition, if in the opinion of PEDAL staff, you would be at physical risk using PEDAL’s Classes and Facility, you will be denied access to PEDAL and its Classes and Facility until you furnish PEDAL with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PEDAL’s concerns, and stating that PEDAL’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facility of PEDAL. PEDAL reserves the right to refuse service at its discretion.

DISCLAIMERS

IN NO EVENT SHALL PEDAL CYCLING ALAMEDA, INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PEDAL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PEDAL CYCLING ALAMEDA, INC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Choice of Law of this Website, and your use hereof is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising from your use of this website must be brought in California.

Pedal Cycling Alameda, Inc may revise these terms and conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.