CycleBar NoMa Membership and Enrollment Agreement Please take a moment to read this Membership and Enrollment Agreement concerning your membership and enrollment at CycleBar NoMa (“CycleBar NoMa”), located at 1105 Delaware Ave. NE, Washington DC 20002. This is a binding agreement between you, the member, and 7 Knots LLC, d/b/a CYCLEBAR NOMA. Under this agreement, you will be responsible for managing your account, your enrollment and ensuring that you have sufficient funds to cover your membership. You will also be responsible for filling out the membership management form to modify your account should you wish to make ANY changes. If you do not agree with the terms of this Agreement, or do not execute this Agreement, you are prohibited from (1) entering the workout areas of CYCLEBAR NOMA; (2) participating in any class, activity, or programming at CYCLEBAR NOMA; and (3) using any exercise equipment, including your own, at CYCLEBAR NOMA. I understand and agree that in exchange for payment of my enrollment plan fee (“Enrollment Plan Fee”), I will be permitted to book an unlimited number of rides for myself during the Term of this Agreement. This Agreement is effective as of the Start Date until cancelled by CycleBar or through the process outlined below and prior to the next Automatic Billing Date or Early Renew, defined below (collectively, “Term”). The Term shall never extend longer than 3 years from the Start Date. You will be billed at the automatic renewal rate of your enrollment plan 30 days from the Start Date to be billed on or about the same day of each month (“Automatic Billing Date”). The undersigned (“you/your” or "Member") desires to become a member of CycleBar NoMa, and agrees to the terms of this Agreement and all responsibilities and obligation set forth below. MEMBERSHIP AND ENROLLMENT PLANS: CYCLEBAR NOMA offers two Unlimited Membership and Enrollment Plans (the “Plan”): **You must initial the plan you are choosing, and write "NO" in the initial box to the remaining plans you are not choosing** - 12-Month Minimum Commitment Plan ($49 1st month, then $89 per month): Under this option, upon enrollment, you shall submit the per-month payment for twelve (12) months of membership each month.
- 3-Month Minimum Commitment Plan ($49 1st month, then $109 per month): Under this option, upon enrollment, you shall submit the per-month payment for three (3) months of membership each month.
All Plans automatically renew month to month at the same special monthly rate unless you provide in writing your intent to cancel your membership plan 30 days prior to your plan renewal date. You shall be responsible for all payment obligations incurred once your plan renews. To cancel you must send an email to noma@cyclebar.com. Failure to complete obligation will result in reporting to appropriate credit bureaus. CYCLEBAR NOMA does not offer refunds once your plan automatically renews. CYCLEBAR NOMA does not require any down payment for any Plan. MEMBERSHIP AND ENROLLMENT TERMINATION: Cancellation of your Membership Enrollment Plan shall mean the following (1) an authorized termination of your payment obligations with prior notice as required in this Agreement and (2) a deactivation of your Membership and Enrollment Plan privileges and permissions. There are only four options for cancelling your Plan: - Cancellation Prior To Renewal. As set forth above, your Membership and Enrollment Plan shall automatically renew upon the expiration of the Term of your Plan. You shall be responsible for payment of your renewed Plan, as if it were the original Plan. If you wish to stop renewal of your Plan, you shall be responsible for timely cancelling your Membership and Enrollment Plan at least 30 days prior to your renewal date in writing to noma@cyclebar.com.
- Cancellation due to Relocation. You may cancel your Plan without penalty at any time (even during your Plan) if you move your registered home address more than five (5) miles away from CYCLEBAR NOMA. You will only be responsible for paying the difference in what you used to what you were signed up for (see #4-2 for explanation of fair price). You must provide proof of your new residence, in which the distance from CYCLEBAR NOMA is more than 5 miles (in the form of a utility bill, paycheck, military orders, lease, etc.).
- Cancellation for Medical Reasons. You may cancel your Plan at any time (even during your Plan) if you have documented medical guidance directing you to not perform or engage in any type of physical activity at all or a disability which prohibits you from utilizing CYCLEBAR NOMA and which has no foreseeable end date due to its nature. You must provide sufficient documentation supporting this guidance, mailed or electronically transmitted from the medical professional, and which must include at least the name, physical office address, phone number, email address and professional credentials for the medical professional providing such guidance.
- Cancellation for Any Other Reason. You may cancel your Plan at any time (even during your Plan by paying both 1) $150 early termination fee AND 2) the monthly price difference between your enrollment Plan and the next closest (in length) monthly plan. If the plan to be broken is a plan 6 months or less in length, the next closest plan will be the month-to-month- plan’s price for all months you have utilized in your plan.
- Fair Price Breakdown: The fair price breakdown is utilized to value a fair price for terminating the heavily discounted long-term Plan. Assume the price difference between a 12-month enrollment and a month-to-month plan is $74 a month. If you have completed 5 months of a 6-month enrollment and wish to terminate your plan you would be responsible for the remining month as payment. In the same scenario, if you chose to break your 12-month plan after only 6-months, you would pay the difference between the 12 and 6 month plans times each month you completed. Example: $149-$125 = $24 x 6 months of use plus the $150 early termination fee.
- For military orders, relocation or medical reasons: The early termination fee is waived but the fair price valuation remains.
I understand the fees that are included or omitted when terminating my membership and enrollment plan early, as stated above. To cancel your Plan under any of the above-listed options, you must complete and submit a Change of Membership Form, which is available by emailing support@cyclebarnoma.com and provide any relevant documentation. No other means of cancellation will be accepted (e.g., emails, phone calls or verbal discussions). MEMBERSHIP AND ENROLLMENT UPGRADE/DOWNGRADE OPTIONS: At any time during the Term, you can downgrade your Plan to a more expensive plan (“Downgrade Option”). If you select the Downgrade Option, you agree to pay for a more expensive Plan (with a shorter duration) and to pay the difference between your Original Plan and your new Plan for the months of the Original Plan you have already completed plus a one-time $100 administrative charge (together the “Downgrade Fee”). For example, if you originally select the 12-Month Plan and you wish to downgrade at the end of month three to a 6-Month plan (a more expensive plan), you will be responsible for paying the difference of the 6 and 12 Month Plan rates for the three months you have already completed and then you will resume payment on the three months remaining on your new downgraded option. For example, {($149-$125)*3 = $24 * 3 + $100 = $172}, therefore your Downgrade Fee in this instance would be $172. Thereafter, your 6-Month Plan will automatically renew unless you cancel your membership in accordance with the terms of this Agreement. You can select a Plan with a greater duration of time than your current Plan at any time with no penalties (“Extended Upgrade Option”). If you select the Extended Upgrade Option, you agree to commit to the duration listed in the Plan as of the date you exercise your Extended Upgrade Option. For example, if you select the 12-Month Plan, you commit to 12 months from the date of enrollment. If you are in the middle of a Plan at the time you select the Extended Upgrade Option, your current plan will be cancelled at no charge, and you will be immediately enrolled in the upgraded Plan for a longer duration. Your price per month will be updated to reflect your new Plan. MEMBERSHIP AND ENROLLMENT ACCOUNT HOLDS: A hold is a temporary suspension of your Membership and Enrollment Plan (“Hold”). A Hold does not reduce the total duration of your Plan. A Hold shall only extend the length of your Membership and Enrollment Plan by the specific number of days of the Hold. For clarification, the period of the hold is appended to the end of your Membership and Enrollment Plan. A Hold shall not affect your payment obligations or the dates on which your payment is due. All monthly payments will always be due monthly according to the first day of membership. Under a Hold, CYCLEBAR NOMA shall deactivate your Membership and Enrollment Plan, and you shall not receive any member privileges during the period of the Hold. For example, you shall be prohibited from (1) entering the workout areas of CYCLEBAR NOMA; (2) participating in any class, activity, or programming at CYCLEBAR NOMA; and (3) using any exercise equipment, including your own, at CYCLEBAR NOMA. You shall only be entitled to place a Hold as set forth below. For every 2 months of Membership Enrollment Plan, you can place a Hold on your membership plan for up to 4 weeks. The period of each Hold must be in one week (i.e., 7 day) increments, and must be a minimum of one week (i.e., 7 days). FIRST-COME, FIRST-SERVED: I acknowledge that I am not guaranteed a spot in any CycleBar class. Because of this agreement, I acknowledge that I must reserve a spot in each ride on-line and must cancel my reservation at least twelve (12) hours prior to the start of the ride to avoid late-cancel or no-show fee(s). I understand that should I cancel any reservation less than twelve (12) hours before the ride, that a fifteen-dollar ($15) fee shall be charged to my stored credit/debit card. I understand that from time to time, CycleBar may offer workshops or other rides that are separate from my membership and that if I wish to attend such events, I understand that I must pay for them separately. I understand that CycleBar has the right to cancel rides as necessary and to temporarily close the studio if needed for reasons including but not limited to major holidays, repairs, inclement weather, etc. I understand that such a cancellation or closed business day will not result in a credit to me or an extension of my package. NO TRANSFER: I acknowledge that this agreement is non-transferable to others and non-transferable to other CycleBar studios. PAYMENT: You are responsible for all payments due to CYCLEBAR NOMA for your Plan, and other expenses incurred with CYCLEBAR NOMA. I acknowledge that CycleBar accepts Visa, MasterCard, Discover and American Express credit card/debit card payments to permit customers to pay for their enrollment plans. Payment by any means other than your credit or debit card authorized for this transaction (and all future transactions) is not permitted. All payments, unless expressly noted otherwise, shall be electronic. You agree to the following authorization for electronic payments. AUTOMATIC CREDIT/DEBIT CARD CHARGE AUTHORIZATION: I hereby certify that I am the holder of the credit/debit card currently associated with my CycleBar account. I hereby authorize CycleBar to charge my credit card/debit card upon my Early Renew or Automatic Billing Date, to pay for my enrollment Plan. By signing electronically, you authorize CycleBar to charge the credit card on file, upon Early Renew or the Automatic Billing Date beginning on Start Date. Each charge will be in the amount of your selected enrollment plan, plus local taxes, fees or charges incurred under the terms of this Agreement. The credit card may be charged up to five (5) days before or after the Early Renew or Automatic Billing Date. This authorization will remain in full force and effect for the Term (including any renewals whether automatic or otherwise) unless and until cancelled by you as described above. You may change the account designated herein upon thirty (30) days written notice to, and approval by, CYCLEBAR NOMA. You may timely notify the financial institution in control of your account to terminate this Request, buy such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. CYCLEBAR NOMA or its assigns reserves the right to add a $25 fee to your account balance should any of the following occur. Unpaid credit card debit
Payments received after the due date As set forth above, a Hold does not affect the date of payment; a Hold solely extends the length of the enrollment according to the length of the Hold. Your account will be automatically charged monthly according to the first day of your enrollment for the duration of your enrollment. CYCLEBAR NOMA does not offer refunds for any reason. If your payment fails at any time for any reason, you will be charged a $25 service fee. RETURN CHARGES: I acknowledge and agree that a fee of $25.00 will be charged for any credit card/debit card charge not honored by the bank for any reason when processing any credit card/debit card charge. I agree to notify CycleBar no less than five (5) days in advance of any change to my credit card/debit card account to prevent this $25.00 fee from being charged. I understand that I will be notified if my credit/debit card payment fails to authorize for any reason. I understand that this Agreement will be deactivated if my account becomes more than 14-calendar days late, and I agree to pay any outstanding charges, which may include the installment, late cancel/no-show fee(s), return fee(s), and any other outstanding charges. MEMBERSHIP PRIVLIDGES AND RULES: As a member, you are entitled to privileges associated with your Plan, including classes, programs, activities, competitions, or other supervised use of CYCLEBAR NOMA equipment and facility. You must abide by all membership rules as they may be amended from time to time. You acknowledge that CYCLEBAR NOMA operates under rules and regulations established, in part, for the safety and protection of its members and efficient and managed operation of CYCLEBAR NOMA. You agree to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of CYCLEBAR NOMA. If circumstances permit, CYCLEBAR NOMA shall electronically post (e.g., via email, noma.cyclebar.com, Facebook, etc.) changes to you. You agree to accept such reasonable change(s) as a condition of membership. If you violate membership rule, your membership may be revoked with no refund. You also acknowledge: - You agree as a condition of membership to execute a CYCLEBAR NOMA Release and Waiver (the “Waiver”). Failure to execute such waiver suspends your membership. Unless you execute such Waiver in a timely manner, this Agreement shall terminate and your membership may be revoked with no refund.
- Regardless of your Plan, prior to attending a class, program, activity, or competition, you must sign in electronically through the membership sign in iPads located near the reception desk or on your mobile device. Failure to do so may result in actions by CYCLEBAR NOMA against you, including suspension of privileges and/or a fine.
- Under no circumstances shall you move or use equipment in any manner not authorized by CYCLEBAR NOMA. You will not misuse the equipment.
- You must be at least eighteen (18) years of age, unless otherwise authorized by CYCLEBAR NOMA. If you are under 18, then your parent and/or guardian must execute this Agreement and jointly assume all obligations and responsibilities assigned to you. A parent and/or guardian must be in attendance with his/her under 18-year old member, unless otherwise agreed to in writing by CYCLEBAR NOMA.
- Your membership does not guarantee you, or otherwise reserve your participation in any particular class, program, activity, and competition. CYCLEBAR NOMA endeavors to include each of its members in its classes, activities, competitions and programming. Your participation may be dependent on your experience, training, physical and mental condition, and other factors determined by CYCLEBAR NOMA representatives in their sole discretion. CYCLEBAR NOMA reserves the right to cancel any class or cancel your reservation in any class.
- You shall conduct yourself in a well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of CYCLEBAR NOMA by any other member or in accordance with instruction by a CYCLEBAR NOMA representative.
- Inappropriate language or actions against any member, CYCLEBAR NOMA representative, or other person, or any conduct deemed by CYCLEBAR NOMA in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for suspension and/or termination of your membership by CYCLEBAR NOMA.
- CYCLEBAR NOMA shall not be responsible for any lost or stolen items.
- The climate, lighting, and AV equipment of the CYCLEBAR NOMA facility is controlled by CYCLEBAR NOMA. You shall not change any settings on these items at any time.
- You agree not to use the facility or equipment, or engage in any activity at CYCLEBAR NOMA, while under the influence of drugs, alcohol, or medication that may impair your ability to operate or perform at CYCLEBAR NOMA.
- No weapons of any kind are allowed at CYCLEBAR NOMA or on its property.
- No photography, videotaping, filming or audio recording is permitted within, on, or around CYCLEBAR NOMA without the express written consent of CYCLEBAR NOMA. You acknowledge that surveillance cameras or other photography may be used at CYCLEBAR NOMA. You hereby consent to being photographed and/or recorded for at any time at CYCLEBAR NOMA.
- CYCLEBAR NOMA regularly has goods, such as consumables or apparel, for sale. You agree that if you purchase, take, or otherwise damage such goods, you shall be responsible for the price of those goods as set forth by CYCLEBAR NOMA in its sole discretion. You agree that CYCLEBAR NOMA may electronically bill you, in accordance with the Payment section below.
OTHER TERMS: Each party, to the fullest extent permissible by law, hereby waives any and all right to a trial by jury, and rather, agrees to submit any dispute between the parties to a “bench trial” by a judge in the Superior Court of the District of Columbia. This Agreement shall be governed by the laws of the District of Columbia without respect to the District’s law on the conflict of laws. If CYCLEBAR NOMA institutes legal proceedings against you, or delivers your account to collection, you agree to pay all costs (including reasonable attorney’s fees) and court costs related to recovery of all sums owed by you to CYCLEBAR NOMA. This Agreement may be signed electronically in one or several counterparts; an electronic copy of this Agreement shall have the same force as if it were a physical document. This Agreement (and the Participation Waiver and Release Form) are the full and final fully integrated Agreement between the Parties and shall supersede any written or oral prior Agreements. The equipment is provided to you AS-IS, WHERE-IS with all faults and no express or implied warranties, including fitness for a purpose or merchantability are provided ELECTRONIC SIGNATURE AGREEMENT: By checking the “I agree” box below, I acknowledge that I am signing this Agreement electronically. I agree that my electronic signature is the legal equivalent of my manual signature on this Agreement. By selecting “I agree” and completing this purchase transaction, I consent to be legally bound by this Agreement's terms and conditions. I further agree that my use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes my signature acceptance and agreement as if signed by me in writing. I Agree I certify that I have read the foregoing Membership and Enrollment Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all the terms and conditions hereof. I further acknowledge that upon request, a fully executed copy of this Membership and Enrollment Agreement has been provided to me. I Agree
|