TERMS & CONDITIONS

Terms and Conditions of Your Relationship with FULL PSYCLE (the "Agreement")

Effective Date:  This Agreement was last updated on May 14, 2020

For a listing of our current studios, please visit https://www.fullpsycle.com/locations.

I. Application of These Terms and Conditions

This website is operated by Full Psycle Franchising LLC, a Texas limited liability company, which includes any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of all of whom are third-party beneficiaries of the Agreement (collectively referred to as "Full Psycle Franchising"). These terms and conditions ("Terms") govern your relationship with Full Psycle Franchising and each of its respective franchisees with which you have created a relationship ("FULL PSYCLE"), including, but not limited to, your use of the Full Psycle® website, www.fullpsycle.com (the "Website"), and the Full Psycle® mobile app (the "App"), your purchase of FULL PSYCLE classes, your rights to cancel your purchase of FULL PSYCLE classes, your registration for classes, your purchase of merchandise, your communication with FULL PSYCLE, and your use of and attendance at FULL PSYCLE’s studios.

Through the Website and/or the App, Full Psycle Franchising is providing you with information about products and services offered at independently owned and operated Full Psycle® franchised studios, along with (a) the ability to schedule, modify and/or cancel appointments with any Full Psycle® franchised studio; (b) provide information to and complete forms with your independently owned and operated Full Psycle® franchised studio regarding classes or memberships; (c) purchase and/or redeem gift cards; (d) purchase of classes and products at any independently owned and operated Full Psycle® franchised studio as a guest; (e) view information about and find the independently owned and operated Full Psycle® franchised studio nearest you; (f) request franchise information; (g) complete customer satisfaction surveys; (h) view opportunities to apply for employment with Full Psycle® independently owned and operated franchised studios; and/or (i) apply for job openings at Full Psycle Franchising (collectively the “Service”).

Your continued use of the Website, App and/or the content or information contained on any one of them, and/or any Service is an acknowledgement and acceptance that neither Full Psycle Franchising is not a party to any Agreement you may enter with an independently owned and operated Full Psycle® franchised studio.

YOUR AGREEMENT WITH FULL PSYCLE FRANCHISING IS WHOLLY SEPARATE FROM YOUR AGREEMENT WITH ANY RESPECTIVE FRANCHISED LOCATION WITH WHICH YOU ESTABLISH A CONTRACTUAL RELATIONSHIP. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE ENTERING INTO IDENTICAL BUT SEPARATE AGREEMENTS WITH FULL PSYCLE FRANCHISING AND EACH RESPECTIVE INDEPENDENTLY OWNED AND OPERATED FULL PSYCLE® FRANCHISEE WITH WHICH YOU ESTABLISH A CONTRACTUAL RELATIONSHIP.

These Terms incorporate by reference our Privacy Policy.

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

A. Informal Dispute Resolution

At FULL PSYCLE, our goal is to do our best to ensure that your experience will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at info@fullpsycle.com or write to us at Full Psycle Franchising LLC, 5712 Val Verde St #275, Houston, TX, 77057. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, FULL PSYCLE and you 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 (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA") www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if FULL PSYCLE initiates arbitration, it shall have the choice between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving FULL PSYCLE or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against FULL PSYCLE. We and you 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 ("Class Action Waiver") clause or any portion thereof 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 and the Class Action Waiver means any dispute, claim, or controversy between you and FULL PSYCLE regarding any aspect of your relationship with FULL PSYCLE, 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.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either FULL PSYCLE or you may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration  and shall in no event be commenced as a representative or class arbitration.

If FULL PSYCLE or you initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

·        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.

·        Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial 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 Texas law.

If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, FULL PSYCLE will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either Texas or in the state where you live if there is a JAMS or AAA in that state. In the event that FULL PSYCLE initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case FULL PSYCLE may initiate the arbitration in Texas.

III. General Terms

 

A. Use of the Site by Minors

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. FULL PSYCLE does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4'11", who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for FULL PSYCLE’s classes online.

B. Reservations/Charges/Classes and Gift Cards

In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or, if you are already registered, click login to buy a class or class series and make your reservation.

In addition to classes and series of classes, you can also buy a gift certificate. FULL PSYCLE's gift certificates are called "gift cards." Gift cards never expire, and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. If you would like to buy a gift card, please click here.

Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our rides/classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a bike in a particular studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another rider or community member.

Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you get busy and cannot book a ride/class in time, just give us a call, stop by the studio, or e-mail your usual studio, and we can help you.

Future class prices are subject to change, but FULL PSYCLE will honor your class or series of classes until the expiration date, no matter if there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a FULL PSYCLE studio. Our reservation schedule varies by locations: You can reserve classes online up to 1 or 2 weeks in advance (depending on the location).

Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your bike. FULL PSYCLE will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that FULL PSYCLE may incur in its efforts to collect any unpaid balances from you.

C. CONSUMERS' RIGHT TO CANCELLATION

You have the right to cancel your purchase of FULL PSYCLE classes. Your right to do so may vary depending on the applicable laws of each state in which FULL PSYCLE operates studios. As a result, please review the relevant state-specific terms and conditions, which are provided below. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase. Either email it to info@fullpsycle.com or mail it via certified or registered mail to Full Psycle Franchising LLC, 5712 Val Verde St #275, Houston, TX 77057.

FULL PSYCLE will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Riders and community members shall have the option to receive the refund either to the original method of payment or FULL PSYCLE store credit.

D. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES

You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail to info@fullpsycle.com or certified/registered mail to Full Psycle Franchising LLC, 5712 Val Verde St #275, Houston, TX 77057.

You may cancel your contract in any of the following circumstances.

·        If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, FULL PSYCLE will refund you the purchase price of your unused class or classes.

·        If you die, FULL PSYCLE will refund your representative the purchase price of your unused class or classes.

·        If you move your residence to a location more than 25 miles from a FULL PSYCLE studio location, you may cancel your purchase and FULL PSYCLE will refund the purchase price of your unused class or classes. Depending upon where you live and your membership terms, you may be charged a cancellation fee.

·        If FULL PSYCLE stops offering classes, you may cancel your purchase.

E. Cancellation Policy for Reservations

In order to cancel a reservation in a FULL PSYCLE class and return it to your account, you must unreserve it 12 hours prior to your scheduled class time. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled the reservation prior to 12 hours before your scheduled class time, your scheduled class will be charged to your series.

To cancel your reservation:

Log into your account on the Website or the App, and, next to the class you wish to cancel, click "unreserve."

WE DO NOT ACCEPT RESERVATION CANCELLATIONS VIA PHONE OR EMAIL. Please note that BIKES AND SPOTS WILL BE RELEASED IF YOU HAVEN’T CHECKED IN AT LEAST 3 MINUTES BEFORE THE SCHEDULED CLASS TIME.

FOR RIDERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins, though we cannot guarantee you will be given the bike for which you signed up. Riders who are more than 10 minutes late will not be admitted into class as it is too disruptive.

FOR RIDERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

F. Waitlist Policy

If you attempt to reserve a bike through the Website and the class is full, you have the option to sign up for our waitlist. As bikes become available, FULL PSYCLE gives them away automatically to riders on the waitlist in order of when they put themselves on it. The waitlist will not be an option for you unless you have 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 for Reservations.

G. Geographic Use of Classes

FULL PSYCLE offers different series of classes so that our customers can select the options that best suit their individual needs. Before you buy a class or series of classes, it is important that you take a minute and read the written descriptions we provide you about what the class or series includes, its expiration date, and any limitations on where you may use your class. For your convenience and flexibility, riders can buy classes that are offered by geographical area. The class offerings and where they can be used are described below and are available on our Website:

As of August 1, 2018, our classes may only be used in the region in which you purchased them:

Full Psycle Orange County Includes:

·        FULL PSYCLE COSTA MESA

·        FULL PSYCLE HUNTINGTON BEACH,

·        FULL PSYCLE SOUTH COUNTY

Full Psycle Palm Springs Includes:

·        FULL PSYCLE PALM SPRINGS

 

Full Psycle Houston Includes:

·        FULL PSYCLE MARKET STREET (THE WOODLANDS, TX)

Full Psycle Dallas Includes:

·        FULL PSYCLE DALLAS FITZHUGH

·        FULL PSYCLE FT WORTH

Full Psycle Jacksonville Includes:

·        FULL PSYCLE JACKSONVILLE HARBOUR VILLAGE

H. Types of Class Formats Offered at FULL PSYCLE

Please check www.fullpsycle.com/classes for a list of class types that we offer.

 

I. Membership Cancellation

Our monthly recurring memberships (the New Rider Psycho Unlimited, the Psycho Unlimited, the Neurotic, and the Hot Mess memberships) (the "Memberships") can be canceled via one or more of the following methods:

o   Go to www.fullpsycle.com/locations, select the studio where you purchased the Membership, then fill out the Contact Us form at the bottom of the page with your cancellation request, which will notify us by email immediately of your cancellation.

o   Email your studio directly at the appropriate email address below.

o   Mail your cancellation request via certified or registered mail to Full Psycle Franchising, LLC, 5712 Val Verde, Ste 275, Houston, TX 77057.

The following chart shows both the notification email addresses as well as the current cancellation policy for each studio. If the “Cancellation Policy” column reads “Day Before,” the Membership can be canceled up to midnight on the date before the renewal occurs. If the Cancellation Policy column reads “30 Days,” the Membership must be cancelled 30 days prior to the renewal date.

STUDIO

Email address

Cancellation Policy

Full Psycle Costa Mesa:

info@fullpsycle.com

1 Day

Full Psycle Huntington Beach:

info@fullpsycle.com

1 Day

Full Psycle South County:

info@fullpsycle.com

1 Day

Full Psycle Palm Springs

palmsprings@fullpsycle.com

1 Day

Full Psycle Market Street:

marketstreet@fullpsycle.com

30 Days

Full Psycle Dallas Fitzhugh:

studio0009@fullpsycle.com

30 Days

Full Psycle Ft Worth:

studio0010@fullpsycle.com

30 Days

Full Psycle Chicago:

info@fullpsyclechicago.com

30 Days

Full Psycle Jacksonville Harbour Village:

fpjax@fullpsycle.com

1 Day

 

To find your renewal date, log into your account at fullpsycle.com and click “MY SERIES.”

WE DO NOT ACCEPT MEMBERSHIP CANCELLATIONS VIA PHONE OR IN PERSON.

J. Your Representation of Health Condition, Waiver, and Release

You hereby represent that you are physically fit, physically sound and have the necessary current medical approval to utilize FULL PSYCLE’s studios 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 you understand that FULL PSYCLE does not and will not investigate or certify your health or fitness to use the facilities.

You further represent that you will not enter a FULL PSYCLE studio if you knowingly have COVID-19 disease or are showing known signs of COVID-19, e.g., cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, feeling feverish or a measured temperature greater than or equal to 100⁰ F, known close contact with a person with a lab-confirmed COVID-19 diagnosis.

You further represent that you understand that FULL PSYCLE’s classes entail extensive physical activity conducted in a room at temperatures ranging from 50 degrees to 90 degrees Fahrenheit. You explicitly agree and understand that all classes involve intensive physical activity and exertion by you. You explicitly agree and understand that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition.

You further acknowledge that indoor cycling classes are high-energy and often feature music at a relatively high-volume level. By accepting these Terms, you acknowledge the potential presence of high-volume levels. We provide complimentary earplugs at the front desk for all clients.

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of FULL PSYCLE, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

You have read and thoroughly understand the Full Psycle® Bike Safety Instructions that are posted on FULL PSYCLE's Website, a hard copy of which was also provided to me by FULL PSYCLE staff. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

If in the subjective opinion of the FULL PSYCLE staff, you would be at physical risk using FULL PSYCLE's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish FULL PSYCLE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FULL PSYCLE's concerns and stating that FULL PSYCLE's concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, 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, whether sustained while using exercise equipment or not (including the contraction of COVID-19), (2) release, indemnify, and hold harmless FULL PSYCLE, its respective direct and indirect parents, its respective subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of FULL PSYCLE's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using FULL PSYCLE's Classes and Facilities and should not be participating in any Classes.

K. Photo Consent and Release

Without expectation of compensation or other remuneration, now or in the future, you hereby give your consent to FULL PSYCLE to use your image and likeness and/or any interview statements from you in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:

·        Permission to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record your voice;

·        Permission to use your name; and

·        Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of you, and/or recording of your voice, in part or in whole, in its publications, advertising and other marketing media, on television, radio, and electronic media (including the internet, the Website, and App).

This consent is given in perpetuity and does not require prior approval by you.

L. Recording Devices/Music-Detection Services

Recording devices of any kind, e.g., cellular phones, video cameras are not allowed in FULL PSYCLE studios, and you agree that you will not record any sound or video, nor use any music-detection services such as Shazam, Blue Arrow or Mediaguide.

M. Links/Third-Party Websites

FULL PSYCLE has not reviewed all the sites linked to the Website and/or App and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain the Full Psycle® logos, please understand that it is independent from FULL PSYCLE, and that FULL PSYCLE has no control over the content of that website and/or app. Going to third-party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with FULL PSYCLE.

N. Intellectual Property Rights

The trademarks and trade dress of FULL PSYCLE are proprietary to FULL PSYCLE and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, FULL PSYCLE. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of FULL PSYCLE, is strictly prohibited.

You acknowledge that FULL PSYCLE and/or third-party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. FULL PSYCLE may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

O. Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of FULL PSYCLE to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

P. Not Authorized to Use This Website for Commercial Purposes

You are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of FULL PSYCLE's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any FULL PSYCLE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, FULL PSYCLE's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use FULL PSYCLE's material will automatically terminate and any copies made of FULL PSYCLE's material must be immediately destroyed.

Any unauthorized use of FULL PSYCLE's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

Q. Warranty Disclaimer and Limitation of Liability

In no event will FULL PSYCLE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of FULL PSYCLE classes, your rights to cancel your purchase of FULL PSYCLE classes, your registration for classes, your purchase of merchandise, your communication with FULL PSYCLE, and your use of and attendance at FULL PSYCLE's studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this Agreement even if FULL PSYCLE expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by FULL PSYCLE 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. FULL PSYCLE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

N. Transferability and Assignment

FULL PSYCLE shall have the right to assign this Agreement, and all of FULL PSYCLE’s rights and privileges hereunder, to any person, firm, corporation or other entity, without your permission or prior knowledge, provided that, with respect to any assignment resulting in the subsequent performance by the assignee of FULL PSYCLE’s obligations, the assignee shall expressly assume and agree to perform FULL PSYCLE’s obligations hereunder.

You may not transfer or otherwise assign your Agreement or Membership.

R. Choice of Law

These Terms are governed by the laws of the State of Texas, without regard to Texas’ choice of law provisions, except for any disputes concerning the interpretation and enforcement of the above Arbitration Agreement, which shall be governed by the Federal Arbitration Act. Except as provided above as to those Disputes you or FULL PSYCLE submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Texas.

Should FULL PSYCLE’s Arbitration Agreement be found invalid, void, or unenforceable, FULL PSYCLE and you acknowledge and agree that Disputes shall be venued in Harris County, Texas and further waive any claims that Harris County, Texas is an inconvenient forum or is an improper venue.

S. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

T. Entire Agreement

These Terms constitute the entire agreement between FULL PSYCLE and you, all oral agreements being merged herein, and supersedes all prior representations. There are no representations, agreements, arrangements, or understandings, oral or written, between or among FULL PSYCLE and you relating to the subject matter of these Terms that are not fully expressed herein.

U. Acceptance of Terms

By using the Website or App, purchasing a FULL PSYCLE class, registering for a FULL PSYCLE class, booking a bike, purchasing merchandise, and/or using or attending a FULL PSYCLE class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a FULL PSYCLE class, registering for a FULL PSYCLE class, booking a bike, purchasing merchandise, and/or using or attending a FULL PSYCLE class.

Occasional changes may be made to this document to reflect changes in FULL PSYCLE's policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying FULL PSYCLE classes, registering for classes, booking bikes, buying merchandise, and/or using and attending FULL PSYCLE's studios, you agree to be bound by any such revisions. Riders and community members are encouraged to check this document periodically to stay informed of current guidelines.

V. SMS Consent

You hereby consent to be contacted via SMS to be notified of cancelled or modified classes, class waitlist updates, and occasional SMS marketing messages, which you can choose to stop receiving at any time by replying "STOP" to any message.

W. Contact Us

If you have any questions about these Terms you can reach us at info@fullpsycle.com.

X. State-Specific Terms and Conditions Applicable to the Agreement

 

Florida

Please visit www.fullpsycle.com/buy-classes for a current list of our current class and class package options.

Rights to Cancellation:

  • You may cancel the Agreement, without penalty, within 3 days, exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: Full Psycle Franchising, LLC, 5712 Val Verde St, Ste 275, Houston, TX 77057 or Full Psycle Jacksonville Harbour Village, 13475 Atlantic Blvd - Suite 7, Jacksonville, FL 32225. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
  • If any studio location in Florida goes out of business or moves its facilities more than 5 driving miles from its original locations, and FULL PSYCLE fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the original locations, you may cancel the Agreement without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a 1-Class package). Alternatively, if FULL PSYCLE wishes to enforce the contract after receipt of your notice, it may request the Florida Department of Agriculture and Consumer Services ("Department") to determine the sufficiency of your cancellation notice. If the Department determines that a refund is due to you, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a studio may not be deemed out of business when temporarily closed for repair and renovation of the premises: (1) Upon sale, for not more than 14 consecutive days; or (2) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.
  • You or your representative may cancel the Agreement if you die or become physically unable to avail yourself of a substantial portion of those services which you used from the commencement of the Agreement until the time of disability. You or your representative may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.

Should the studio go out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.

I hereby acknowledge that I have received and reviewed a copy of the studio rules, which can also be found at www.fullpsycle.com

The duration of this contract is equal to the expiration period for the class or series of classes purchased.

Illinois

Please visit www.fullpsycle.com/buy-classes for a current list of our current class and class package options.

Illinois law prohibits any contract for basic physical fitness services that require a payment of a total amount in excess of $2,500 per year.

The Agreement may be cancelled by you within three business days after the first business day after the Agreement is signed by you, and all monies paid pursuant to said Agreement shall be refunded to you. Business day shall mean any day on which the studio is open for business. If you purchase a class or series of classes at a studio which has not yet opened for business at the time the Agreement is signed, you shall have seven calendar days in which to cancel the Agreement and receive a full refund of all monies paid.

In the event of the relocation of your residence to farther than 25 miles from any FULL PSYCLE studio in Illinois, and upon the failure of FULL PSYCLE to designate a center with comparable facilities and services within 25 miles of your new residence, which agrees to accept FULL PSYCLE’s obligations under the Agreement, you may cancel the Agreement and shall only be liable for any unused classes you have purchased.

If, because of death or disability, you are unable to use or receive all services contracted for, you, or your estate, shall only be liable for any used classes allocable to the time prior to death or the onset of disability. The studio shall in such event have the right to require and verify reasonable evidence of such death or disability.

Your notice of cancellation must be in writing and delivered by certified or registered mail to: Full Psycle Franchising, LLC, 5712 Val Verde St, Ste 275, Houston, TX 77057 All refunds to which you or your estate are entitled shall be made within 30 days of receipt by FULL PSYCLE of the cancellation notice.

Texas

TEXAS OCCUPATIONS CODE SEC. 702.304. CANCELLATION AND REFUND NOTICE.

(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:

 

 

[CONTACT INFORMATION FOR ALL TEXAS STUDIOS ARE LISTED OF BOTTOM OF THIS SECTION.]

 

(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:

 

[CONTACT INFORMATION FOR ALL TEXAS STUDIOS ARE LISTED OF BOTTOM OF THIS SECTION.]

 

(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:

 

[CONTACT INFORMATION FOR ALL TEXAS STUDIOS ARE LISTED OF BOTTOM OF THIS SECTION.]

 

CONTACT INFORMATION FOR ALL TEXAS STUDIOS:

 

Full Psycle - Market Street

9595 Six Pines Dr., Suite 1400

The Woodlands, Tx 77380

(832) 916-2636

studio0007@fullpsycle.com

 

Full Psycle - Dallas Fitzhugh

2650 N. Fitzhugh Ave., Suite 120

Dallas, Tx 75204

(214) 827-0777

studio0009@fullpsycle.com

 

California

5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel the Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to: Full Psycle Franchising, LLC, 5712 Val Verde St, Ste 275, Houston, TX 77057 or to Full Psycle LLC, 230 E 17th St, Ste 100, Costa Mesa, CA 92627, or via email to info@fullpsycle.com.

Cancellation of Contracts Requiring Payment of $1,500 to $2,501 or more:

You may cancel this Agreement if you qualify as set forth below. Termination is effective provided written notice is mailed or delivered to Full Psycle Franchising, LLC, 5712 Val Verde St, Ste 275, Houston, TX 77057 or to Full Psycle LLC, 230 E 17th St, Ste 100, Costa Mesa, CA 92627 or via email to info@fullpsycle.com. Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes (charged at the rate of a 1-Class package).

·        Agreement Requires Payment of $1,500 to $2,000: If this Agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000) you have a right to cancel this agreement at any time prior to midnight of the twentieth (20th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

·        Agreement Requires Payment of $2,001 to $2,500: If this Agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), you have a right to cancel this agreement at any time prior to midnight of the thirtieth (30th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

·        Agreement Requires Payment of $2,501 or More: If this Agreement requires payment of two thousand five hundred one dollars ($2,501) or more, you have a right to cancel this agreement at any time prior to midnight of the forty-fifth (45th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

Additional Cancellation Rights: You may cancel this Agreement and receive a refund if you qualify as set forth below. Termination is effective as of the date of the event, provided that written notice is mailed or emailed to Full Psycle Franchising, LLC, 5712 Val Verde St, Ste 275, Houston, TX 77057 or to Full Psycle LLC, 230 E 17th St, Ste 100, Costa Mesa, CA 92627 or via email to info@fullpsycle.com, and adequate proof of the event is provided. Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes (charged at the rate of a 1-Class package).

  • Move Out of Area: Your move must be more than 25 miles from a FULL PSYCLE location and Full Psycle Franchising, LLC is unable to transfer the balance of your unused classes to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move.
  • Death or Disability: In case of death, your estate must provide written evidence. In case of disability, you must prove such disability by a doctor's certificate.
  • Elimination or Substantial Reduction in Scope of Facilities: If at any time during the term of this Agreement, FULL PSYCLE eliminates or substantially reduces the scope of the facilities that are described in this Agreement and that were available upon execution of the Agreement, you may cancel the contract and receive a pro rata refund on the terms indicated above, except that FULL PSYCLE reserves the right to make reasonable changes to the type or quantity of classes or equipment offered.

Services, Facilities, and Hours: All Full Psycle studios offer the following memberships:

Class or Series of Classes:

Expiration:

Psycho Unlimited Membership

Recurs monthly but can be canceled in accordance with the cancellation policy below

Neurotic - 8 Class/Month Membership

Recurs monthly but can be canceled in accordance with the cancellation policy below

Hot Mess - 4 Class/Month Membership

Recurs monthly but can be canceled in accordance with the cancellation policy below

 


 

Cancellation of Membership

Our monthly recurring memberships: the New Rider Psycho Unlimited, the Psycho Unlimited, the Neurotic (8 classes per month), and the Hot Mess (4 rides per month) (the "Memberships") can be canceled via one or more of the following methods:

o   Go to www.fullpsycle.com/locations, select the studio where you purchased the Membership, then fill out the Contact Us form at the bottom of the page with your cancellation request, which will notify us by email immediately of your cancellation.

o   Email your studio directly at the appropriate email address below.

o   Mail your cancellation request via certified or registered mail to Full Psycle Franchising, LLC, 5712 Val Verde, Ste 275, Houston, TX 77057.

The following chart shows both the notification email addresses as well as the current cancellation policy for each studio. If the “Cancellation Policy” column reads “1 Day,” the Membership can be canceled up to midnight on the date before the renewal occurs. If the Cancellation Policy column reads “30 Days,” the Membership must be canceled 30 days prior to the renewal date.

STUDIO

Email address

Cancellation Policy

Full Psycle Costa Mesa:

info@fullpsycle.com

1 Day

Full Psycle Huntington Beach:

info@fullpsycle.com

1 Day

Full Psycle South County:

info@fullpsycle.com

1 Day

Full Psycle Palm Springs:

palmsprings@fullpsycle.com

1 Day

Full Psycle Market Street:

marketstreet@fullpsycle.com

30 Days

Full Psycle Dallas Fitzhugh:

studio0009@fullpsycle.com

30 Days

Full Psycle Ft Worth:

studio0010@fullpsycle.com

30 Days

Full Psycle Chicago:

info@fullpsyclechicago.com

30 Days

Full Psycle Jacksonville Harbour Village:

fpjax@fullpsycle.com

1 Day

 

To find your renewal date, log into your account at fullpsycle.com and click “MY SERIES.”

WE DO NOT ACCEPT MEMBERSHIP CANCELLATIONS VIA PHONE OR IN PERSON.