FULL PSYCLE TERMS & CONDITIONS
FULL PSYCLE, LLC, FULL PSYCLE II, LLC and FULL PSYCLE SOCO, LLC (hereinafter “FULL PSYCLE” or “the Facility”) offer the undersigned, hereinafter referred to as “MEMBER” or “YOU,” the use of its services and facilities in conformance with the terms and conditions set forth below and the MEMBER accepts said offer upon the terms set forth below including the Procedures, Rules and Regulations which are included below and made a part hereof, and any additions or changes to the Procedures, Rules and Regulations as may from time to time be posted in the Facility.
Representation of Health Condition
MEMBER hereby represents that the MEMBER is physically fit, physically sound and has the necessary current medical approval to utilize the Facility for purposes of exercise, and to participate in any of the exercise classes or programs available at FULL PSYCLE. FULL PSYCLE is relying on this representation and MEMBER understands that FULL PSYCLE does not and will not investigate or certify the health of MEMBERS or their fitness to use the facilities.
Waiver of Liability
MEMBER acknowledges and understands that prior to beginning any exercise and/or nutrition program it is strongly recommended that he/she consult with and receive approval of a physician. MEMBER understands that any exercise program involves risk. MEMBER acknowledges and understands that he/she is using FULL PSYCLE’s facilities and services at his/her own risk.
FULL PSYCLE and its owners, officers, employees, agents, contractors and affiliates shall not be liable – and MEMBER hereby expressly waives any claim of liability – for personal and/or bodily injury or damages that may occur to any MEMBER, or any guest of any MEMBER, or for any loss of or injury to person or property, however caused. This waiver includes, but is not limited to any loss, damage or destruction of the personal property of the MEMBER or the MEMBERS’ guest(s) and is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage sustained by any MEMBER or any guest of any MEMBER while at the Facility, whether using exercise equipment or not.
MEMBER agrees to indemnify and hold FULL PSYCLE, and its officers, employees, agents, contractors and affiliates, harmless from any and all liability and damages incurred arising out of the conduct or activity of such MEMBER, any other claimant MEMBERS or guests using the facilities while MEMBER is on the premises insofar as MEMBER is claimed liable for damages to others.
If MEMBER goes online to reserve a bike and the class is full, MEMBER has the option to sign up for our waitlist. As bikes open up, we give them away automatically to riders on the waitlist, in order of when they put themselves on it. The waitlist won't be an option for MEMBER unless MEMBER has a class or series already purchased. Riders enrolled in the class must be ON THEIR BIKE at the scheduled class start time, otherwise we will give your bike to a MEMBER on the waitlist and you will be charged according to our Cancellation Policy. If MEMBER is on the waitlist for a class, three things can happen:
1) The class remains full and MEMBER doesn't get a bike. The series will be returned to MEMBER's account to be used at a future date.
2) A bike opens up before our cancellation window closes (at least eight hours before class). MEMBER is automatically added to the class and will receive an e-mail notification.
3) A bike opens up within our cancellation window. We will send a text message and call MEMBER and MEMBER will have the option of choosing to enroll in the class. If MEMBER chooses not to enroll, the class will be returned to MEMBER's series. If MEMBER does not return our text or voicemail within 15 minutes, or MEMBER does not choose to enroll in the class, we will then contact the next MEMBER on the waitlist.
If MEMBER is on the waitlist, we assume MEMBER wants to take the class. If MEMBER is automatically enrolled from the waitlist (#2 above), MEMBER is now considered a rider in that class and our standard cancellation policy now applies. If MEMBER can no longer make a class MEMBER is waitlisted for, MEMBER must take himself or herself off the waitlist at least eight hours before class to prevent unwanted charges. While we appreciate and understand the desire to secure yourself a spot in one class while being waitlisted in another, please note that we do not offer the option of swapping classes. If MEMBER ends up scheduled for both classes, MEMBER will be automatically charged for both.
Cancellations not made eight hours before class (weekdays) or 12 hours before class (weekends) will be charged for that class. Unlimited members will be charged $10 for no shows. No exceptions will be made. To cancel, please log into your account, click MY RESERVATIONS, then click unreserve.
Termination of Monthly Contract/Agreement
MEMBER or FULL PSYCLE may terminate this Agreement without cause by following the applicable procedure indicated below:
a) MEMBER may terminate this Agreement by providing FULL PSYCLE with written notice indicating MEMBER’s desire to terminate. Notice may be sent to FULL PSYCLE, 230 E. 17th St., Suite 100, Costa Mesa, CA 92627 or emailed to firstname.lastname@example.org. MEMBER must pay any outstanding Fees up to the date of requested termination in order for the termination to become effective.
b) FULL PSYCLE may terminate this Agreement at any time by providing verbal or written notice. In the event that FULL PSYCLE terminates this Agreement prior to the end of a term for which Fees have been paid, FULL PSYCLE agrees to refund the pro-rated portion of unused Use Fees to MEMBER. Termination of this Agreement does not constitute any forgiveness for any outstanding Fees due from the MEMBER at the time of termination. FULL PSYCLE reserves the right to raise prices for its monthly unlimited contracts at any time. MEMBER shall be notified via email of the new rate and if MEMBER does not choose to cancel the agreement, MEMBER will continue to be billed according to the terms of the contract at this new rate.
Transferability and Assignment
FULL PSYCLE’s rights and obligations under this Agreement will inure to the benefit of and be binding upon FULL PSYCLE’s successors and assignees. MEMBER may not transfer or otherwise assign this Agreement.
Recording Devices/Music-Detection Services
Recording devices of any kind (cellular phones, video cameras) are not allowed in the studio and you agree that you will not record any sound nor video nor use any music-detection services such as Shazam, Blue Arrow or Mediaguide.
Indoor cycling classes are high-energy and often feature music at a relatively high volume level. By accepting the Agreement and taking class you acknowledge the potential presence of high volume levels. We provide complimentary earplugs at the front desk for all clients.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may entitled.
If any part, portion or provision of this Agreement shall be held invalid, unenforceable, void, or inoperative, that part, portion or provision shall be deemed excluded from this Agreement and the remainder of the Agreement shall nevertheless remain in full force and effect. Every provision shall be interpreted in a manner consistent with California law. If any provision is held invalid or unenforceable (due to over breadth or otherwise) with respect to particular circumstances, it shall be interpreted to have narrower scope as to be consistent with California law and to remain in full force and effect in all other circumstances.
MEMBER and FULL PSYCLE acknowledge that this Agreement, including any RULE, either included with this document or posted, constitutes the entire understanding of the parties and that FULL PSYCLE has made no implied warranties or representations other than those set forth herein, to induce MEMBER to enter into this contract. No modification of this document is valid unless in writing and signed by both parties. Any discussion, agreements or understandings not stated in this document are not part of the Agreement herein.
Choice of Law & Venue
The formation, construction, and performance of this Agreement shall be construed in accordance with the laws of California. The venue for any dispute resolution hereunder shall be the Orange County Superior Court, Central Justice Center.
The failure of FULL PSYCLE to enforce at any time any of the provisions of this Agreement, or any rights in respect thereto, or to exercise any election herein provided, shall in no way be considered to be a waiver of such provisions, rights, or elections, nor in any way to affect the validity of this Agreement. The exercise by FULL PSYCLE of its rights herein or any of its elections under the terms or covenants herein shall not preclude or prejudice FULL PSYCLE from exercising the same or any other right it may have under this Agreement, irrespective of any previous action taken by FULL PSYCLE hereunder.
I have read and understand the RULES and the terms and conditions for membership as stated in this Agreement and hereby agree to comply with all of the above. I have carefully read this Agreement and fully understand its contents. I am aware that this Agreement contains a release of liability and a contract between FULL PSYCLE and myself. My use of FULL PSYCLE’s facilities and services further acknowledges my acceptance of the statements in this section.
FULL PSYCLE is committed to protecting your privacy. We understand the value of your identity and data, and take privacy precautions as outlined below:
Collection of personal information
FULL PSYCLE will collect personally identifiable information, like names, user name(s), password(s), addresses, email addresses, and credit card data when voluntarily submitted by our members and visitors. We collect limited non-personally identifying information your browser makes available whenever you visit a website. This log information includes your internet protocol address, browser type, browser language, the date and time of access and one or more cookies that may uniquely identify your browser. We use this information to operate, monitor and secure our website. No other information will be obtained from you without your consent. We require storage of personal information to establish an account. This information includes contact information, preferences, and billing data.
Disclosure of personal information
FULL PSYCLE will never intentionally rent, sell or disclose your identity or data to any third party without your consent. Full Psycle will maintain all information submitted through www.fullpsycle.com for its original intent. We will not share your personal information with another third-party, other than agents or contractors who we use to host this website and/or store such information, without your expressed consent. All voluntarily submitted information may be maintained in our database, or those of our agents or contractors. At times we or they may be required by law or legal process, or public interest to disclose your personal information. Full Psycle reserves the right to determine what cases warrant public interest.
How we protect your personal information
FULL PSYCLE protects the security of the data and information you send to us. Only authorized employees, agents, and contractors – who have agreed to keep this information secure and confidential – will have access to it. Full Psycle and the vendors we employ to maintain our web presence will use our collective best efforts to safeguard the confidentiality and privacy of your information, including firewalls and secure socket layer encryption, where appropriate.
Under the age of 13
FULL PSYCLE does not knowingly collect or solicit any information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
FULL PSYCLE reserves the right to change anything contained herein at any time, without any notice. Please check this website regularly for any changes to Full Psycle’s policies and procedures. Should you have any questions or concerns, please contact Full Psycle at (949) 631-2222, or via email at firstname.lastname@example.org.
Copyright © 2017 FULL PSYCLE, LLC, FULL PSYCLE II, LLC, FULL PSYCLE SOCO, LLC
STATE OF TEXAS Sec. 702.304. CANCELLATION AND REFUND NOTICE. (a) Except as provided by Subsection (b), a contract must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:
(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(Address of the health spa home office)."
(3) "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
(Address of the health spa home office); AND
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE."
(4) "IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(Address of the health spa home office)."
(b) A health spa operator is required to include the statement under Subsection (a)(3)(B) in a contract only if the operator is required to post security with the secretary of state under Subchapter D.