Terms of Service
GritCycle provides intense cardio workout indoor cycling classes, and related products, content and services including through the use of this website to receive information about GritCycle, as well as book classes, cancel, and pay for services and products offered at GritCycle facilities
(collectively, the “Services.”)
These Terms of Service are an agreement (“Agreement”) between you and GritCycle that sets forth the legally binding terms and conditions for your use of the Services. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the GritCycle website or social media, downloading or using any GritCycle apps, attending classes at our facilities or virtually, or contributing content or other materials to GritCycle, you acknowledge that you have read and understood this Agreement and you agree to be bound by it. You are only authorized to use the Services if you agree to abide by all applicable laws and the terms and conditions of this Agreement. Please read the Agreement carefully and save a copy for your own records. If you do not agree with (or cannot comply with) the terms of this Agreement, you should leave and discontinue use of the Services immediately. Throughout this Agreement, you and GritCycle collectively may be referred to as the “Parties.”
1. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
GritCycle seeks to ensure that all of our customers are satisfied with their experience. If you are not satisfied for any reason, please let your facility manager know so we can address your concern.
B. Arbitration Agreement
By accepting the terms of this Agreement, you and GritCycle agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement.”) Arbitration shall be before either (1) JAMS, www.jamsadr.com, or (2) Judicate West, www.judicatewest.com. Whichever party initiates arbitration can select either of these forums.
THE PARTIES AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY.
C. Class Action Waiver
The Parties agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving GritCycle or any other person. The Parties agree that we will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against one another. The Parties agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver clause or any portion of it is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement means any dispute, claim, or controversy between the Parties regarding any aspect of your relationship with GritCycle, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and class action waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property where the amount in controversy is less than $35,000. Such claims may be brought in small claims or limited jurisdiction court of competent jurisdiction.
Dispute also SHALL NOT include claims that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. How Will the Arbitration Work?
Either Party may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
For arbitration before Judicate West, the American Arbitration Association (“AAA”) Consumer Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778- 7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California substantive law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, GritCycle will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
2. MEMBER CONDUCT RULES
A. What To Expect in Classes at GritCycle
GritCycle conducts high intensity, choreographed, cardio classes on a stationary bicycle. Please be aware that temperatures may reach 85° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, please check with our front desk staff to find the right instructor to meet your needs. Be aware that riding an indoor cycle with little to no resistance can be harmful and result in injury. Please keep resistance on the bike at all times.
Please note that riders must be 4’11“ at the minimum to participate in classes at GritCycle.
Additionally, we ask that you remove your indoor cycling shoes and walk with caution in GritCycle facilities. Cycling shoes are not made to walk in and can easily break or cause you to slip if not careful.
B. Non-Recording of Classes Agreement
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any GritCycle classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of GritCycle. Instructors are not authorized to provide consent. This includes even a temporary recording/ transmission of a GritCycle class via platforms such as SnapChat, Zoom, Facebook, or Instagram.
C. Prohibited Behavior
We want our classes and all other Services to be safe and enjoyable environments for everyone. With this in mind, we have established certain behavior that will not be tolerated while utilizing our Services (“Prohibited Behavior”). While using or taking part on our Services, whether in person or at home or some other location, you agree that you shall not:
- Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
- Exhibit nudity, indecent exposure or exhibitionist behavior of any type. This type of behavior could result in criminal charges being brought against you;
- Play music that can be heard by others taking part in our Services;
- Wear clothing that is inappropriate or unsafe for our workouts, such as open-toed shoes;
- Allow any indecent or objectionable pictures, movies, words, or any other content be viewable or audible on your stream;
- Interfere with other users’ enjoyment or participation in our Services;
- Interrupt or interfere with our instructors or staff members;
- Use our equipment in any manner for which it was not designed or that is not the proper use for the equipment;
- Take part in our Services while under the influence of Alcohol, Marijuana, or any other intoxicant or narcotic;
- Use your phone or other electronic device other than for the explicit purpose of streaming On Demand classes or taking part in our Services;
- Violate any rule or regulation posted in our studios, on our equipment or given to you by an instructor or staff member.This list is non-exhaustive, and we, and our instructors and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behavior.
Any breach of any part of this term is grounds for exclusion from participation in any GritCycle activities, and/or the termination of any Services and/or the permanent ban of using any Services in the future.
WE AND OUR INSTRUCTORS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A CLASS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED BEHAVIOR.
Please note that local and/or national laws may be more prohibitive than our Prohibited Content rules, and you agree that you shall abide by all laws, regulations, rules or other ordinances wherever you are.
D. Health and Safety
You hereby acknowledge and agree:
- There are certain inherent risks and dangers in the strenuous nature of the GritCycle Services;
- You have voluntarily chosen to participate in an intense physical exercise program;
- You understand that GritCycle strongly recommends that you consult with a licensed physician prior to commencing any classes;
- 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: Rhabdomyolysis, abnormal blood pressure, fainting, breathing issues, heart attack or death;
- No healthcare provider has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our Services;
- You have no ailment or injury that could be aggravated or made worse by taking part in our Services;
- You do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and
- If you are pregnant, you agree that you will inform your instructor and you have consulted a physician or general practitioner that has approved your use of the relevant services.
If you are taking part in our classes or related Services from your home, or any other location that is not a GritCycle facility, we cannot guarantee the adequacy or safety of any of the equipment you use, the location or your surroundings. Please take the upmost care to protect your safety while utilizing our Services in this way and only use equipment in the way it was intended to be used.
YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES GRITCYCLE AND ITS RELATED ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY GRITCYCLE ACTIVITIES OR SERVICES.
E. Cell Phone & Medical Device Policy
To provide the best class experience, cell phones are not permitted for general use during class. This ensures a distraction-free, focused environment for all riders and maintains both the integrity of the class and the comfort of all participants.
Exceptions:
Clients who need to monitor a medical condition or use a health-related device may keep their phone with them.
For those riders with medical conditions or use a health- related device, phones must remain on silent mode and be used discreetly.
Whenever possible, clients may choose a seat in the back or side rows to minimize visibility and disruption. Please speak with the front desk for assistance with finding a seat best suited for your specific needs.
F. 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.
G. WIFI Access
We do not provide access to WiFi connections or similar network connections to clients at our facilities or other locations.
3. BOOKING POLICY
To book a class at GritCycle, you must have a valid class credit or membership to reserve a bike. To buy an individual class credit or membership, you can either sign up on gritcycle.com by using your email and creating a password or if you are already registered, click login to buy a class credit or membership and make your reservation.
“Guest Allowance” refers to your ability to book a guest with the specific credit type you purchased. Classes in a GritCycle Auto Renewal Membership do not allow you to book a guest. Membership classes can only be used to book the person who purchased the membership. Class Credits do allow the ability to book a guest, unless otherwise noted on GritCycle “Buy Classes” page.
Please download the GritCycle App to your iPhone or Android before coming to the studio. Once you’re within 100 meters of the front desk, you’ll be able to check into class from your phone. If you do not have a phone, please approach the desk upon arrival and we’ll check you in there. If you do not check in, we may release your bike to another guest 2 minutes before the start of class. DO NOT ASSUME THE FRONT DESK STAFF KNOWS YOU ARE IN ATTENDANCE. Additionally, checking in for other clients is prohibited.
4. CONSUMER CANCELLATION POLICIES
A. Reservation/Class Cancellation
To cancel a GritCycle 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 your bike is canceled by this time, your class credit will be returned to your account. If you cancel your bike after 5:00 PM the evening before your class, you will be charged a $12 late cancel fee. If you do not have a card on file, the credit will be forfeited.
To cancel a GritCycle 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 bike after 5:00 PM the evening before your class, you will be charged a $12 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.
B. Membership Cancellation
You may cancel any GritCycle unlimited membership at any time. In studio memberships are billed on a month-to-month basis. You can call your home studio if you need assistance with cancellations. If you are participating in our on-demand membership, cancellations must be made by emailing ondemand@gritcycle.com.
5. no-show policies
Should you no-show to a GritCycle class you reserved using a class credit, you will be charged a $18 no-show fee. If you do not have a working card on file, the credit will be forfeited.
Should you no-show to a GritCycle class you reserved using an unlimited membership, you will be charged a $18 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 $18 no-show fee will be charged and your account will be reinstated.
Please be aware that we release bikes 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 bike. If you do not contact the front desk prior to two minutes before the start of class, your bike may be assigned to another client. 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
6. CHECK IN POLICY
It is the CLIENTS responsibility to properly check into class via the front desk OR on their mobile app. If you fail to check in through the app or directly with the front desk, you may be charged a No Show fee.
After 15 minutes from the start of class, clients will no longer be able to participate in class.
7. 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. GritCycle 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.
GritCycle 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.
If you are on the waitlist and are at the studio and did not make it into the class, your class credit will be returned to your account.
8. return and exchange 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@gritcycle.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.
9. AUTO-DEBITED CONTRACTS & UNLIMITED MEMBERSHIPS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
I, the Client, authorize GritCycle to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account.
I understand that GritCycle will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto-debit contract and/or in connection with cancellation fees according to the GritCycle cancellation policy. GritCycle will initiate charges each month on
the date my contract is set to renew.
GritCycle 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.
By continuing to use our services, you agree to the statements above regarding auto-debited contracts and unlimited memberships.
10. cookies
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites. This website uses cookies to obtain certain types of information, such as your username and password, to customize content areas or to analyze site activity and user behavior. GritCycle reserves the right to use cookies in the future in conjunction with new content or expanded functionality.
11. privacy statement
We at GritCycle 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.
We collect personally identifiable information, such as names, phone numbers, postal addresses, email addresses, credit card information, and etcetera when it is voluntarily submitted by our members and/or visitors. 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.
Registration of minors (ages 12-18) must be completed in person at one of our studios 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. GritCycle 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.
GritCycle reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
12. 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.
By signing up for and/or attending GritCycle classes, activities and other programs, and using GritCycle’s premises, facilities, and equipment (collectively, Classes and Facilities), 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 Facilities. Please be aware that riding an indoor cycle with little to no resistance can be harmful and result in injury. Please keep resistance on the bike at all times. In consideration of being allowed to participate in and access the Classes and Facilities provided by GritCycle, 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 Facilities, (2) waive, release and forever discharge GritCycle, 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 Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of GritCycle’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so, and agree to assume all risks that a medical condition you have, whether known or unknown, may be triggered or worsened by participating in the Services. In addition, if in the opinion of GritCycle staff, you would be at physical risk using GritCycle’s Classes and Facilities, you will be denied access to GritCycle and its classes and facilities until you furnish GritCycle with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing GritCycle’s concerns, and stating that GritCycle’s concerns are unfounded. It is extremely dangerous to participate in Grit Cycle activities if you are under the influence of drugs or alcohol and GritCycle reserves the right to refuse service to any customer for any reason, including suspicion of impairment.
An inherent risk of exposure to respiratory tract and other communicable infections, including COVID-19, influenza (flu), and rhinovirus (common cold), among others, exists in any public place where people are present and may be higher where people are breathing heavily. COVID- 19 is an extremely contagious disease that can lead to severe illness and death, and any infection can have serious consequences. By visiting GritCycle, you voluntarily assume all risks related to exposure to any communicable infection, including without limitation, COVID-19.
13. INTELLECTUAL PROPERTY RIGHTS
“GritCycle,“ and the “G“ shield logo and other graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of GritCycle and may not be used by you for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of the materials on this Website without the prior written permission of GritCycle is strictly prohibited.
GritCycle may photograph and record you. They may publish and distribute these photographs and recordings in connection with your participation in GritCycle activities and your attendance at GritCycle facilities. By acknowledging these terms, you agree and consent that GritCycle may display these photographs and recordings through our website and social media channels.
14. disclaimers
In no event shall GritCycle, 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, illness 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 site 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 GritCycle 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 GritCycle 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.
All information, goods, services, products and experiences are provided by GritCycle on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. GritCycle provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
15. ACCEPTANCE OF TERMS
GritCycle 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. By clicking accept, I acknowledge that I have personally read and agree to the Terms of Service, and that I am the individual accepting these terms without delegation or signature by another person.
Grit Management LLC dba GritCycle
234 E. 17th Street
Costa Mesa, CA 92627
info@gritcycle.com