Terms & Conditions

 
 

Welcome to Rhythm Ryde Holdings, LLC . These Terms and Conditions for Classes and Memberships (the "Terms and Conditions") are intended to supplement Rhythm Ryde's Terms of Service for Website and App ("Terms of Service") and, together with the Terms of Service, constitute a binding, contractual agreement between you and Rhythm Ryde Holdings, LLC ("Rhythm Ryde," "we" or "us") regarding your purchase or use of any Rhythm Ryde membership or any Rhythm Ryde class credits, class packages or other services.

With respect to my participation in classes, activities, events, and other programs provided, managed or offered by Rhythm Ryde Holdings, LLC (“Rhythm Ryde Holdings, LLC”) or its contractors, including indoor cycling classes and boxing bootcamp classes, and my use of premises, facilities and equipment operated, leased or owned by Rhythm Ryde Holdings, LLC (“Classes and Activities”), I understand that there are various risks inherent in my participation and use, including but not limited scratches, transient dizziness, fainting, nausea, muscle cramping, sprains and strains, heart attack, stroke or death. I shall comply with all safety instructions, facility rules and verbal instructions given to me by staff. I have no medical, mental or physical condition that could cause increased risk of injury or adverse health consequences as a result of my participation and use in the Classes and Activities. I hereby assume all risk of my participation and use in the Classes and Activities, and, further agree to forever release, indemnify and hold harmless Rhythm Ryde Holdings, LLC, each of their affiliates, and each of their respective directors, officers, employees, agents, contractors, and sponsors from any and all claims, suits, losses, or related causes of action for damages, including but not limited to, such claims, that may result from any injury, illness or death, accidental or otherwise, during, or arising in any way from my participation and use in the Classes and Activities. This Waiver and Release of Liability shall be binding upon my heirs, spouse, next of kin, executor, administers and assigns. ASSUMPTION OF RISK, WAIVER, AND RELEASE

ASSUMPTION OF RISK, WAIVER, AND RELEASE

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Punch Pedal House is providing services (individually and/or collectively, the “Classes and Facilities”) of Rhythm Ryde Holdings, LLC and its subsidiaries (collectively, “Rhythm Ryde”), I hereby acknowledge on behalf of myself, my 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 Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I 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. I have read and thoroughly understand the Rhythm Ryde Bike Safety Instructions that are posted on Rhythm Ryde’s website (www.rhythm-ryde.com), a hard copy of which was also provided to me by Rhythm Ryde staff. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Rhythm Ryde staff, I would be at physical risk participating in Rhythm Ryde’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Rhythm Ryde with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Rhythm Ryde’s concerns and stating that Rhythm Ryde’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Rhythm Ryde, its direct and indirect parent, 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 I (a) have no medical or physical condition that would prevent me from properly using any of Rhythm Ryde’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Rhythm Ryde’s Classes and Facilities, and should not be participating in any Classes. I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Rhythm Ryde under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite. VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Rhythm Ryde shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Rhythm Ryde shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

CANCELLATION POLICY FOR RESERVATIONS, FREE CLASSES, or COMMUNITY CLASSES. Cancellation Policy for Reservations & Free Classes or Community Classes In order to cancel a reservation in a Rhythm Ryde class and return it to your account, you must unreserve by 12 hours prior to the class. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled before 12 hours before, your scheduled class will be charged to your series. You can cancel your reservation in the following ways:

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

2. Email the studio where you're booked to cancel the class for you.

Please note, if you late cancel, which is in the 12 hour prior to class, you will be charged 50% of a single class drop in price. If you no show, no cancel, you will be charged a full price of a drop in price for the class.

If you no show and no cancel, you will be charged a full class rate.

MEMBERSHIP CANCELLATION Subject to the specific requirements of each state as described herein, Members may cancel their Memberships, after the required commitment has been met of one month, by providing written notice to hello@rhythm-ryde.com, hello@punch-pedal.com or by notifying us through the "Contact Us" form on the Punch Pedal House Website. After providing such notice, Member will be charged one additional time of (1) month as a cancellation fee. Members who wish to cancel their Membership should notify Rhythm Ryde prior to the next month’s billing cycle to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.

Please note, in fairness to all our customers, BIKES AND SPOTS WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS.

FOR RIDERS AND COMMUNITY MEMBERS 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 you signed up for in Rhythm Ryde classes. Riders and community members who are more than 10 minutes late will not be admitted into class as it is too disruptive.

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

There are no refunds.

ASSUMPTION OF RISK, WAIVER, AND RELEASE

By checking, signing, or confirming 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 Rhythm Ryde Holdings, LLC and its subsidiaries (collectively “Rhythm Ryde”), Ihereby acknowledge on behalf of myself, my heirs, and/or assigns, that I agree as follows: I have read and thoroughly understand the Rhythm Ryde Bike Safety Instructions on the Rhythm Ryde website (www.rhythm-ryde.com) and/or the document provided by Rhythm Ryde.

At all times, the Class Participant shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions. I am aware and acknowledge that there are certain inherent risks and dangers in boxing, bootcamp, indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they 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. I am also aware and acknowledge that only clients (and no guests) are permitted in the studios during Classes. Further, I am aware and acknowledge that there are health and safety risks associated with leaving an unsupervised minor Class Participant at the Facilities. Injuries and harm to the Class Participant may arise in connection with “horseplay,” improper use of equipment, and access to and use of the locker and restrooms. At times when Class Participant is not in Class but is using the Facilities, I shall accompany Class Participant and supervise Class Participant at all times. I hereby take full responsibility for any and all property damage to the Facilities and any of its contents arising from the refusal of the Class Participant to follow all stated and customary terms, posted safety signs, rules, and verbal instructions, including any deliberate acts of damage and/or destruction by the Class Participant. If I, or the Class Participant, observe any hazard or other unreasonable risk factor, I will immediately bring it to the attention of the nearest Rhythm Ryde employee. If in the subjective opinion of the Rhythm Ryde staff, the Class Participant would be at physical risk participating in Rhythm Ryde’s Classes, I understand and agree that the Class Participant may be denied access to the Classes and Facilities until I furnish Rhythm Ryde with an opinion letter from the Class Participant’s medical doctor, at my sole cost and expense, specifically addressing Rhythm Ryde’s concerns, and stating that Rhythm Ryde’s concerns are unfounded. I hereby release, indemnify and hold harmless Rhythm Ryde, its direct and indirect parent, 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 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.

I have read this Assumption of Risk, Waiver and Release Agreement (Minor-Under 18), fully understand its terms, and understand that I am giving up substantial rights including my and the Class Participant’s right to sue under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.

VALUABLES AND PERSONAL PROPERTY: Class Participants and visitors to Rhythm Ryde are urged to avoid bringing valuables onto the Facilities. Rhythm Ryde shall not be liable for the loss of, theft of, or damage to the personal property of Class Participant and/or visitor, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

ETIQUETTE: To preserve the Rhythm Ryde sanctuary, Class Participant agrees to abide by Rhythm Ryde’s etiquette guidelines found on Rhythm Ryde studio walls and on Rhythm Ryde’s website (www.punch-pedal.com). Rhythm Ryde reserves the right to deny access to any person Rhythm Ryde deems to be acting in an inappropriate or unsafe manner.

Booking or Checking into class, you agree to Rhythm Ryde Holdings, LCC'S Terms & Conditions below!

ASSUMPTION OF RISK, WAIVER, AND RELEASE

By checking, signing, or confirming 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 Rhythm Ryde Holdings, LLC and its subsidiaries (collectively “Rhythm Ryde”), Ihereby acknowledge on behalf of myself, my heirs, and/or assigns, that I agree as follows: I have read and thoroughly understand the Rhythm Ryde Bike Safety Instructions on the Rhythm Ryde website (www.rhythm-ryde.com) and/or the document provided by Rhythm Ryde.

At all times, the Class Participant shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions. I am aware and acknowledge that there are certain inherent risks and dangers in boxing, bootcamp, indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they 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. I am also aware and acknowledge that only clients (and no guests) are permitted in the studios during Classes. Further, I am aware and acknowledge that there are health and safety risks associated with leaving an unsupervised minor Class Participant at the Facilities. Injuries and harm to the Class Participant may arise in connection with “horseplay,” improper use of equipment, and access to and use of the locker and restrooms. At times when Class Participant is not in Class but is using the Facilities, I shall accompany Class Participant and supervise Class Participant at all times. I hereby take full responsibility for any and all property damage to the Facilities and any of its contents arising from the refusal of the Class Participant to follow all stated and customary terms, posted safety signs, rules, and verbal instructions, including any deliberate acts of damage and/or destruction by the Class Participant. If I, or the Class Participant, observe any hazard or other unreasonable risk factor, I will immediately bring it to the attention of the nearest Rhythm Ryde employee. If in the subjective opinion of the Rhythm Ryde staff, the Class Participant would be at physical risk participating in Rhythm Ryde’s Classes, I understand and agree that the Class Participant may be denied access to the Classes and Facilities until I furnish Rhythm Ryde with an opinion letter from the Class Participant’s medical doctor, at my sole cost and expense, specifically addressing Rhythm Ryde’s concerns, and stating that Rhythm Ryde’s concerns are unfounded. I hereby release, indemnify and hold harmless Rhythm Ryde, its direct and indirect parent, 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 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.

I have read this Assumption of Risk, Waiver and Release Agreement (Minor-Under 18), fully understand its terms, and understand that I am giving up substantial rights including my and the Class Participant’s right to sue under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.

VALUABLES AND PERSONAL PROPERTY: Class Participants and visitors to Rhythm Ryde are urged to avoid bringing valuables onto the Facilities. Rhythm Ryde shall not be liable for the loss of, theft of, or damage to the personal property of Class Participant and/or visitor, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

ETIQUETTE: To preserve the Rhythm Ryde sanctuary, Class Participant agrees to abide by Rhythm Ryde’s etiquette guidelines found on Rhythm Ryde studio walls and on Rhythm Ryde’s website (www.rhythm-ryde.com). Rhythm Ryde reserves the right to deny access to any person Rhythm Ryde deems to be acting in an inappropriate or unsafe manner

A "Participant" is anyone who purchases a class credit or package from Rhythm Ryde and/or anyone who attends a Rhythm Ryde class or who receives any other service provided by us. A Member is anyone who purchases or possesses a Membership from Rhythm Ryde. In these Terms and Conditions, "Rhythm Ryde" refers to either Rhythm Ryde or the indoor cycling and boxing bootcamp classes offered by Rhythm Ryde, as appropriate.

These Terms and Conditions apply to Participants and Members. Every time you make a purchase from us or attend a class or receive any other service from Rhythm Ryde, you acknowledge and accept these Terms and Conditions.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND RHYTHM RYDE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

Our contact information is as follows:

Rhythm Ryde

68 Washinton Street

Brooklyn NY 11201

Email: hello@rhythm-ryde.com

CLASSES AND PACKAGES

Rhythm Ryde offers various packages for Rhythm Ryde, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each Rhythm Ryde class purchased in the package. "Credit" refers to any credit to take a Rhythm Ryde class, whether purchased or complimentary. All Participants and Members must create a Rhythm Ryde account ("Account") before taking a class. Please refer to the Terms of Service for more information on creating an Account.

All Participants must arrive by the start of class to guarantee their bike, bag, or mat. We reserve the right to offer the reservation of any Participant who has not arrived by the start of class to anyone on the waitlist who is present at the start of class. If no one from the waitlist is present, Rhythm Ryde allows a five (5) minute window after the start of class for Participants to enter the class. For the safety and enjoyment of all Participants, a Participant may not enter the class if he or she is more than five (5) minutes late.

CLASS CANCELLATION

Reserved classes may be cancelled without penalty before 12 hours prior to the scheduled class at www.rhythm-ryde.com (the "Rhythm Ryde Website") under My Account or through the Rhythm Ryde application (the "Rhythm Ryde App") on the Reserve or Reservation Details page. Each reservation not cancelled 12 hours before the scheduled class will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)

WAITLIST

If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)

SPECIAL CLASSES

Any class over sixty minutes requires two Credits, unless otherwise specified.

From time to time, Rhythm Ryde may offer complimentary classes, including for new studio openings or new instructors. Complimentary classes will sometimes require a purchased class Credit to make a class reservation. Any purchased Credits used to reserve such a class will be returned within one (1) week of the class.

EXPIRATION AND TRANSFERABILITY OF CREDITS

Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the Rhythm Ryde App or the Rhythm Ryde Website.

Credits can be used at particular Rhythm Ryde locations or regions, depending on the particular credit, package or promotion purchased. Credits are non-refundable and cannot be resold.

Credits are non-transferable among people and locations.

MEMBERSHIP

Rhythm Ryde offers various memberships for unlimited Rhythm Ryde operates ("Memberships"). Specific details for each of the Memberships, including the commitment period, can be found on the Rhythm Ryde Website and Rhythm Ryde App and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at Rhythm Ryde's sole discretion, without a refund.

If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request.

If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member's next billing date.

Some Membership changes, such as change to the membership type, will cause the commitment period to restart.

CLASS CANCELLATION

Members may cancel a class without penalty 12 hours prior to the scheduled class at the Rhythm Ryde Website under My Account or through the Rhythm Ryde App on the Upcoming Class page. Each reservation not cancelled before 5PM the day before will result in a fee of up to $30 plus applicable taxes, which will be charged directly to Member's credit card. The fee cannot be paid for with a class Credit unless a Credit was used to make the reservation. Late Cancel will be charged $20 plus applicable tax.

WAIT LIST

If no reservations are available for a particular class, Members may join the waitlist. As they become available, class reservations are offered by email or text to Members on the waitlist on a first come, first served basis. If Member is offered and obtains a reservation off the waitlist but fails to attend the class, it will result in a fee up to $20 plus applicable taxes, and will be charged directly to Member's credit card.

FREEZE POLICY

Subject to the specific requirements of each state as described in this section below, if a Member is medically unable to attend classes, a Member may request a freeze of Membership ("Medical Freeze") for up to two (2) months. In such case, a Member must provide a doctor's note at the time of such request. Rhythm Ryde reserves the right to verify the note with the doctor. Members must notify Rhythm Ryde upon returning from the Medical Freeze by emailing hello@rhythm-ryde.com. After the Medical Freeze, Rhythm Ryde will resume charging, and Members are obligated to pay, the Member's monthly dues until any commitment period has expired.

Medical Freeze requests should be made to the on-site Rhythm Ryde manager or by email to hellp@rhythm-ryde.com. Any non-medical freeze requests should also be directed to the on-site Rhythm Ryde manager, or send an email to hello@rhythm-ryde.com.

Rhythm Ryde reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment, as may be required for certain types of memberships.

PAYMENTS

UNLESS OTHERWISE STATED BY RHYTHM RYDE IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the "Billing Date").

Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.

Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.

Rhythm Ryde reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.

TAXES

Rhythm Ryde collects sales tax on taxable credits, memberships, and other products in New York. Prices shown do not reflect any federal, state or local taxes. Taxes will be reflected during checkout based on the location and product.

CORPORATE AND STUDENT MEMBERSHIPS

Rhythm Ryde has corporate Memberships with various companies and organizations through which their employees receive discounted Memberships and class packages. The same terms that apply to general Membership as described above also apply to corporate Membership. In addition, once someone becomes a corporate Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.

Rhythm Ryde also offers discounted Memberships to students. (See below for information about additional student discounts.) The same terms that apply to general Membership as described above also apply to student Membership. In addition, once someone becomes a student Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.

Student discounts cannot be combined with any other discounts, such as special rates for new studio openings, or promotions, such as 10% off. Rhythm Ryde reserves the right, from time to time, to verify eligibility for corporate and student Memberships.

PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS

Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member's or Participant's failure to use Rhythm Ryde's facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. Rhythm Ryde reserves the right to increase its Membership dues or class/package prices from time to time.

FORM OF PAYMENT

All payments (including for monthly Membership dues, classes, Early Booking, and incidentals) are payable by electronic funds transfer from Member's or Participant's credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.

Once you have provided us with, and agreed to store, your credit card information on the Rhythm Ryde Website or the Rhythm Ryde App, you do not need to have your physical credit card on hand to make in-studio purchases. You’re in-studio purchases can be applied to the credit card you entered on the Rhythm Ryde Website or the Rhythm Ryde App.

RETURNED PAYMENT PENALTY

Members and Participants will automatically be charged any bank fee imposed on Rhythm Ryde, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Rhythm Ryde retains the right to collect the current and past due balances in any month after the returned payment.

DISPUTED CHARGE PENALTY

In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in Rhythm Ryde's favor, Rhythm Ryde shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.

CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY

As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), or for other reasons, Rhythm Ryde may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at Rhythm Ryde's sole discretion. For questions or specific issues about the closure of Rhythm Ryde facilities and use of Credits, email hello@rhythm-ryde.com.

SPECIAL PROMOTIONS/OFFERS

From time to time, Rhythm Ryde may offer special promotions or offers. When such promotions or offers arise, please refer to the specific promotion details for any terms that may differ from these Terms and Conditions.

STUDENT, TEACHER AND MILITARY CREDITS

From time to time, Rhythm Ryde offers discounted Classes to students, teachers, and members of the military, subject to eligibility restrictions and conditions that are subject to change. Students, teachers, and members of the military who are interested in receiving these discounts must provide Rhythm Ryde with the proof requested by Rhythm Ryde to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to reserve a class for anyone other than the intended student, teacher or military recipient whose status has been verified by Rhythm Ryde.

Rhythm Ryde reserves the right, from time to time, to verify eligibility for student, teacher, or military status.

CONDUCT, RISKS AND SAFETY

CONDUCT

Members and Participants shall not use any Rhythm Ryde facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in Rhythm Ryde facilities.

REVOCATION OF MEMBERSHIPS AND CREDITS

Rhythm Ryde, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. Rhythm Ryde also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in Rhythm Ryde's reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.

MEDICAL RECOMMENDATIONS AND DISCLAIMER

Members and Participants should consult with their physician or have a physical examination before using any of Rhythm Ryde's facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Members and Participants acknowledge that Rhythm Ryde makes no claims as to medical or fitness results that can or may be obtained through use of the Rhythm Ryde's facilities, equipment or services. Rhythm Ryde has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.

HEALTH WARRANTY

Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of Rhythm Ryde's facilities; (2) they have not been instructed by any physician not to use Rhythm Ryde's facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.

ACTIVITY RISKS

Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Rhythm Ryde's facilities. Rhythm Ryde cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of Rhythm Ryde's facilities, equipment and services to protect against accidents.

INITIAL INTRODUCTION

Members and Participants are strongly encouraged to request and take advantage of an initial introduction (including bike fitting) and ongoing support available to ensure the proper and safe use of all Rhythm Ryde equipment.

LOSS OF PROPERTY

Members and Participants are urged not to bring valuables onto Rhythm Ryde premises and, if they choose to do so, to keep valuables with themselves at all times. Rhythm Ryde shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables).

ACCOUNT PROTECTION

Members and Participants may not let others use their Rhythm Ryde username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, Rhythm Ryde, in its sole discretion, reserves the right to revoke or suspend Member's Membership or Participant's Credits.

RELEASE AND INDEMNITY

Members and Participants hereby acknowledge that there are inherent risks in indoor cycling and exercise and in using the equipment associated with Rhythm Ryde's classes and/or instruction. Members and Participants assume full responsibility for their use of Rhythm Ryde's facilities and shall indemnify Rhythm Ryde Holdings, LLC. and its shareholders, affiliates, agents and employees against any and all liability arising out of the use of Rhythm Ryde's facilities. Additionally, Members, Participants and their guests shall hold Rhythm Ryde harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of Rhythm Ryde facilities, equipment, or services.

ADDITIONAL GENERAL PROVISIONS

DAY LOCKERS

Lockers are provided solely for the benefit and convenience of the members. Rhythm Ryde staff will remove any articles left in a locker overnight.

CELLPHONES

Cellphones are prohibited in Rhythm Ryde classes unless prior permission has been granted by a studio manager due to exceptional circumstances.

PETS AND BICYCLES

Pets, except service pets, and bicycles are not permitted in Rhythm Ryde facilities, unless otherwise stated by the studio.

DRESS CODE

Proper athletic attire is required. Cycling shoes are required for Rhythm Ryde classes and are available to rent at $3 at Rhythm Ryde studios. Rhythm Ryde reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

INDEPENDENT CONTRACTORS

From time to time, Rhythm Ryde may make the services of independent contractors available to Members, Participants, or their guests. Rhythm Ryde does not warrant or guarantee the quality of these services.

GUEST RULES

Guests are permitted in Rhythm Ryde facilities, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign Rhythm Ryde's standard release agreement.

SPECIAL EVENTS

Rhythm Ryde may from time to time reserve the use of its facilities for special events, competitions and private functions.

CHILDREN'S USE

All children under 18 years of age must be accompanied by a parent at all times within Rhythm Ryde facilities unless they are in a supervised activity. Children under age 13 are not permitted in any Rhythm Ryde facility without the express permission of Rhythm Ryde management.

NON-DISCRIMINATION

Rhythm Ryde does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in Rhythm Ryde classes or activities.

ENFORCEMENT

If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.

ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND RHYTHM RYDE TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions which cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Rhythm Ryde, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms and Conditions.

B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Rhythm Ryde should be sent to: Rhythm Ryde , 68 Washington Street Brooklyn NY 11201, Attention: Legal. After the Notice is received, you and Rhythm Ryde may attempt to resolve the claim or dispute informally. If you and Rhythm Ryde do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

C. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and Conditions. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of New York, New York, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Rhythm Ryde, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Rhythm Ryde.

F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between you and Rhythm Ryde in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND RHYTHM RYDE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

G. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

I. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

J. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Rhythm Ryde.

K. Small Claims Court. Notwithstanding the foregoing, either you or Rhythm Ryde may bring an individual action in small claims court.

L. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

GOVERNING LAW, VENUE AND JURISDICTION

To the extent the parties are permitted under these Terms and Conditions to initiate litigation in court, both you and Rhythm Ryde agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms and Conditions shall be governed in all respects by the substantive law of the state of New York, without regard to its conflict of law principles, with the exception of claims and disputes originating from Rhythm Ryde's Florida studios which shall be governed in all respects by the substantive law of the state of Florida. You and Rhythm Ryde hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of New York for any actions, suits or proceedings arising out of or relating to the Terms and Conditions that are not subject to the Arbitration Agreement.

ENTIRE AGREEMENT

These Terms and Conditions, Rhythm Ryde's Terms of Service, and any other rules, policies and regulations of Rhythm Ryde , as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by Rhythm Ryde .

NEW YORK

ADDITIONAL RIGHTS TO CANCELLATION. You may also cancel this contract for any of the following reasons: If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. If you move your residence more than 25 miles from any health club operated by seller. If the services cease to be offered as stated in the contract. All money paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days

IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS. New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. Rhythm Ryde is exempt from posting a financial security. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, A.E. SMITH STATE OFFICE BUILDING, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231

Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Rhythm Ryde , and refund upon such notice of all moneys paid under the contract, except that Rhythm Ryde may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.

Members are entitled to the cancellation and refund of the contract if the contracting business location of Rhythm Ryde goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.

A Member's notice of his/her intent to cancel shall be given in writing to Rhythm Ryde . Such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom Rhythm Ryde has subrogated or assigned the consumer's contract. If Rhythm Ryde wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

If the department determines that a refund is due the buyer, 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 Rhythm Ryde shall not be deemed out of business when temporarily closed for repair and renovation of the premises either (1) upon sale, for not more than 14 consecutive days; or (2) during ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

The contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in 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 buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to Rhythm Ryde a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation.

The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.

If the Rhythm Ryde requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the Rhythm Ryde will provide the buyer with the means of such identification.