Terms and Conditions - Beets Studio Fitness LLC
I. Application of These Terms And Conditions
This website is operated by Beets Studio Fitness LLC which includes Beets Cycle | Barre. ("BEETS", "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with BEETS, including, but not limited to, your use of the BEETS website, www.beetscyclebarre.com (the "Website") and the BEETS Mobile Application (the "App"), your purchase of BEETS classes, your rights to cancel your purchase of BEETS classes, your registration for classes, your purchase of merchandise, your communication with BEETS, and your use of and attendance at BEETS's studios. BEETS's classes include offerings on and off the bike and/or barre. We are excited to continue bringing BEETS to clients and community members!
II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
At BEETS, we believe every ride, rider, and community member matters. Our goal is to do our best to ensure that every experience with BEETS 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 firstname.lastname@example.org or write to us at Beets Studio Fitness LLC., 2840 Las Positas Rd, Livermore, CA, 94551, Attention: BEETS Management. 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, you and BEETS 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 BEETS initiates arbitration, it shall have the choice as 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 BEETS 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 BEETS. 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 BEETS regarding any aspect of your relationship with BEETS, 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 you or BEETS 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 you or BEETS 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 New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, BEETS 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 California or in the state where you live if there is a JAMS or AAA in that state. In the event that BEETS 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 BEETS may initiate the arbitration in California.
III. 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. BEETS does not accept the online registration of minors without the consent of a parent or guardian; please do not attempt to register on the Website or App if you are under the age of 18 without parent or guardian consent. Registration of a minor is permitted for BEETS classes only, and must be completed 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 BEETS classes online.
IV. Reservations and Cancellations
In order to make a reservation, you must first purchase a single class, series of classes or unlimited membership. To purchase, you can sign up at www.beetscyclebarre.com by using your e-mail and creating a password, or if you are already registered, click login to buy a series to make your reservation.
Once a class has reached full capacity, there will be an option to add to the waitlist. Reserving a space on the waitlist is treated the same as reserving a space in the class. Waitlisted guests will be automatically added to the class as spaces become available up until the early cancellation window closes (12 hours prior to class). Once the early cancellation window closes (12 hours prior to class), spaces that may become available may be reserved on a first come, first serve basis.
Please arrive at least 5 minutes prior to the start of class. BIKES/BARRE MATS WILL BE RELEASED 5 MINUTES BEFORE CLASS BEGINS to standby guests.
FOR RIDERS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way.
FOR COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
In order to cancel a reservation in a BEETS class and return it to your account, you must unreserve your booking at least 12 hours prior to the start of the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date. If you haven't cancelled within this window, your scheduled class will be charged to your class pack. Late cancellations will result in a $5 charge and absences will result in a $10 charge to the credit card on the account for unlimited packages and memberships if the class had reached full capacity. Beets Cycle Barre reserves the right to enforce this charge for any scheduled class at anytime.
You can cancel your reservation by logging into your account on the Website or the App, and choose cancel.
V. Class packages and Gift Certificates
In addition to classes and series of classes, you can also buy a gift certificate. BEETS 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 www.beetscyclebarre.com
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 jammed up and cannot book a ride/class in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but BEETS will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a BEETS studio. You can reserve classes online up to 4 weeks in advance, but not later than 1 hour prior to class time.
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. BEETS 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 BEETS may incur in its efforts to collect any unpaid balances from you.
VI. CONSUMERS' RIGHT TO CANCELLATION
You have the right to cancel your purchase of BEETS classes. You may cancel your purchase of one class or a class series at any time before midnight of the 2nd 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, and send it to email@example.com or Beets Studio Fitness LLC., 2840 Las Positas Rd, Livermore, CA, 94551, Attention: Beets Management.
BEETS will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Riders and community members shall the option to receive the refund either to the original method of payment or BEETS store credit.
VII. ADDITIONAL RIGHTS TO CANCELLATION
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 or certified or registered mail to firstname.lastname@example.org or Beets Studio Fitness LLC., 2840 Las Positas Rd, Livermore, CA, 94551, Attention: Beets Management.
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, BEETS will refund you the purchase price of your unused class or classes.
If BEETS stops offering classes, you may cancel your purchase.
VIII. Waiver and Release
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 BEETS and its subsidiaries, 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 BEETS Bike and Barre Safety Instructions that are posted on BEETS Website. 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 BEETS staff, you would be at physical risk using BEETS Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish BEETS with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing BEETS concerns and stating that BEETS 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, (2) release, indemnify, and hold harmless BEETS, 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 you (a) have no medical or physical condition that would prevent you from properly using any of BEETS 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 BEETS Classes and Facilities, and should not be participating in any Classes.
IX. Links/Third Party Websites
BEETS 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 BEETS logos, please understand that it is independent from BEETS, and that BEETS 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 BEETS.
X. Intellectual Property Rights
The trademarks and trade dress of BEETS are proprietary to BEETS 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, BEETS. 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 BEETS, is strictly prohibited.
You acknowledge that BEETS 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. BEETS 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.
XI. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of BEETS 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.
XII. Not Authorized to Use This Website for Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of BEETS 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 BEETS 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, BEETS 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, user's permission to use BEETS material will automatically terminate and any copies made of BEETS material must be immediately destroyed.
Any unauthorized use of BEETS material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
XIII. Warranty Disclaimer and Limitation of Liability
In no event will BEETS 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 BEETS classes, your rights to cancel your purchase of BEETS classes, your registration for classes, your purchase of merchandise, your communication with BEETS, and your use of and attendance at BEETS 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 BEETS expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by BEETS 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. BEETS provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XIV. Choice of Law
The Terms are governed by the laws of the State of California, without regard to California's choice of law provisions. Except as provided above as to those Disputes you or BEETS submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
XV. Acceptance of Terms
By using the Website or App, purchasing a BEETS class, registering for a BEETS class, booking a bike, purchasing merchandise, and/or using or attending a BEETS 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 BEETS class, registering for a BEETS class, booking a bike, purchasing merchandise, and/or using or attending a BEETS class.
Occasional changes may be made to this document to reflect changes in BEETS policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying BEETS classes, registering for classes, booking bikes, buying merchandise, and/or using and attending BEETS 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.
XVI. Contact Us
If you have any questions about these Terms you can reach us at email@example.com
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
• Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By logging in to your account
How does our site handle Do Not Track signals?
We don't honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don't honor them because:
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
Beets Studio Fitness LLC
2840 Las Positas Rd
Livermore, ca 94551
Last Edited on 2018-01-25