TERMS OF SERVICE

Welcome to PERIGON! Before using our services, please read and agree to the following Terms and Conditions ("Terms").

These Terms govern your use PERIGON-owned websites and Mobile Applications (collectively referred to as this “site”), PERIGON social media pages, products, and services, including the purchase of PERIGON passes and memberships, cancellation of purchases, registration for classes, purchase of products, communication with PERIGON, and use of our studios. By using our services, you agree to these Terms and also accept PERIGON's Privacy Policy.

If you have any questions or concerns about these Terms, feel free to contact us at STUDIO@PERIGON.CO.

OVERVIEW

PERIGON PROJECTS, INC ("PERIGON") manages and operates this site.

By using our site, you agree to abide by all the terms, conditions, policies, and notices stated here. This includes any additional terms and policies referenced herein or subsequently provided through hyperlinks, notices, instructions, or waivers in our facility.

These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

We may update these Terms to improve our products and services. If we make any changes, we will notify you through email or other means.

Please be aware that we reserve the right to modify these Terms at our discretion, with or without notice to the User. Any changes will be effective immediately upon public posting, and your continued use of our services indicates acceptance of the modified Terms.

USE OF THE SITE BY MINORS

The use of the site by minors is subject to certain conditions. Individuals under the age of 14 are not permitted to use the site unless they are accompanied by a parent or guardian who has registered for the site. For those under 14 years old who wish to participate in PERIGON classes, registration must be completed in person at one of our studios, and a New Rider Waiver Form signed by a parent or legal guardian is required.

It is our policy not to knowingly collect or solicit personally identifiable information from children under 14. Therefore, if you are under 14 years old, please refrain from attempting to register for the site or providing any personal information. In the event that we become aware of having collected personal information from a child under 14, we will promptly delete such data from our records.

If you suspect that a child under 14 has provided us with personal information, kindly contact us at STUDIO@PERIGON.CO for appropriate action.

For individuals aged 16 years or older, registration for the site and participation in any PERIGON classes are permissible. However, we reserve the right to request identification to verify age before granting entry into any class.

THE BASICS OF USING THE SITE

To use our site for class reservations and purchases, you must sign up for an account using your email address and create a password. While not mandatory, you have the option to complete your profile by providing additional information, such as your first name, last name, and contact number. For purchasing passes, memberships, or products, you will need to provide your credit card information and billing address, as explained below.

You agree to provide accurate, complete, and updated registration information about yourself. Your account is not transferable, and you may not share it with anyone else without our prior written permission.

To reserve a spot in a PERIGON class, you must first purchase a single pass, a package of passes, or a membership through the site. Bookings can also be made through our App, at our Front of House in person, or by contacting the studio. All sales are final.

Credit cards are accepted for purchases, which are made at the time of buying a single pass or package of passes, not when making a reservation. We will not process purchases using an incorrect, expired, or over-the-limit credit card. Failure to pay fees or charges when due may result in the suspension or termination of services, and you will be responsible for all associated costs, including attorneys' fees and collection expenses incurred by PERIGON to collect any outstanding balance.

Purchased passes are valid for reserving spots in all PERIGON studios and are non-refundable. Each pass, package, or membership has an expiration date specified on the site. If you have any inquiries or issues related to pass expiration, please contact PERIGON.

PERIGON Memberships are set up as auto-payments and renew every 4 weeks until canceled with a 30-day notice prior to your next billing cycle. To initiate the cancellation process, fill out our required Cancellation Request Form and notify us via email at STUDIO@PERIGON.CO. The 30-day notice period will start from the date we receive your notification. Our team will confirm the request within 72 hours of submission.

Future prices are subject to change without prior notice, but we will honor your pass or package until the expiration date, regardless of any price increase during that period. Online bike reservations can be made up to 7 days in advance, but not later than 1 hour before the class time.

We reserve the right to modify or discontinue our services, including any part or content, without prior notice to users. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of services.

All orders of our Products are for personal use only. By purchasing our Products, you agree not to resell or distribute them for any commercial purposes. We may reject or cancel any order if we suspect it is not for personal use, and we reserve the right to limit or prohibit quantities purchased per person, household, or order. It is your responsibility to provide current, complete, and accurate purchase and account information for all transactions on our site.

You may only use the Services and Products for your own internal (except when booking a class for another user), personal, non-commercial use, and in compliance with applicable laws. If your use of the Services or Products violates any laws, you are not authorized to use them. We are not responsible for any unlawful use of the Services or Products.

You must not share your account or password with others and are responsible for maintaining the security of your account and credentials. You are liable for any activity associated with your account.

CANCELLATION OF RESERVATIONS

Refund Policy & Transferring Passes: We want to inform you that passes and memberships are non-refundable, and all purchases are considered final. However, we understand that circumstances may arise, such as long-term injury or relocation, that necessitate pass transfers to someone else. In such cases, we offer the option to transfer your passes to another person for a fee, subject to management's discretion. The transfer can only be made if the package is still within its expiry period, and the remaining passes must be used before the expiry date. Please note that a 25% fee, based on the value of the pass(es) to be transferred, will apply for this service. To initiate the transfer process, kindly notify us via email at STUDIO@PERIGON.CO.

Class Cancellation Policy: To ensure the smooth functioning of our classes and accommodate other clients, we kindly request that you cancel your spot at least 12 hours before the class start time. Failure to do so will result in the class being charged as if you attended. We appreciate your cooperation as your timely cancellations allow us to prepare adequately and open up your spot to others on the waiting list. If you have joined a waitlist but no longer plan to attend, please make sure to cancel your spot on the waitlist.

Pass and Membership Expiry: Please be aware that passes and memberships have expiry dates, which are clearly specified in the description of the pass or package on our site and will also be indicated on your receipt. Although future class prices are subject to change, we assure you that we will honor your class passes until the specified expiration date, irrespective of any price increases during that time. When you purchase class credits, you will be charged accordingly. You have the right to cancel your class booking and receive the applicable class passes back into your account, provided that the cancellation is made at least 12 hours before the scheduled class. After this time, any spent passes will be forfeited.

Rollover Policy: Unused classes do not rollover. All unused classes will be lost at the end of each billing cycle.

Bike Reservation Cancellation: To cancel your bike reservation, you can conveniently log into your PERIGON account on our site and click "cancel" next to the class you wish to cancel.

Lateness Policy: We kindly ask all participants to arrive and sign in at least five minutes before the scheduled start time. This ensures a smooth class experience for everyone. Please note that spots may be released five minutes before the class begins, giving priority to those who are on time and waitlisted in case of a full class. For the safety and enjoyment of all participants, we cannot permit entry into a class after the lights are turned off and the warm-up track has started, which means no entry once the class has commenced. This policy is in place to prioritize safety and prevent disruptions during the class. For first-time riders, we strongly encourage you to arrive at least 30 minutes before the class starts to allow ample time for orientation and bike setup.

Early Departure: If you plan on leaving a class early, we kindly request that you inform the instructor beforehand. Your consideration is greatly appreciated.

PERIGON MEMBERSHIP HOLD POLICY

PERIGON Memberships can be temporarily suspended once per calendar year, for a maximum of four (4) weeks, including travel-related holds. Subsequent hold requests are subject to Management's decision and will incur a P200/week fee. Holds are charged by the week only and cannot be charged by the day. The full suspension period must be paid upfront.

To be eligible for a membership hold, you must have no active payment delinquencies and be current in your billing. Hold requests must be made using the required Membership Hold Request Form at least 72 hours before the desired hold start date and no later than five (5) business days before your next billing cycle for PERIGON Memberships. Please inform us by emailing STUDIO@PERIGON.CO about the completed form. Once submitted, our team will reach out within 72 hours to confirm your request has been processed. Drop-ins and the New Client Special package are not eligible for membership holds.

Upon approval, billing will be suspended, not exceeding four (4) weeks, for PERIGON Memberships. Billing will resume after the hold period ends.

Please note that all PERIGON Memberships on hold remain subject to the 30-Day Cancellation Policy. To cancel your membership, complete the required Cancellation Request Form and inform us via email at STUDIO@PERIGON.CO to activate your 30-day cancellation notice.

If your hold is due to health concerns or injury, you must provide a doctor's note, medical certificate, or similar documentation, and your hold will not count towards the permitted hold days.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of PERIGON are exclusive property of PERIGON and may only be used by you as expressly permitted in these Terms. All content, design, text, graphics, interfaces, software, and their arrangement on the site are the property of PERIGON or are duly licensed to PERIGON. You have the right to view, electronically copy, and print portions of the site solely for making class reservations, purchases, or personal use.

Any use of materials on the site beyond the purposes mentioned above, including modification, distribution, or reproduction, without prior written permission/consent from PERIGON, is strictly prohibited. *we can insert a penalty here for reproduction of IPs

You acknowledge that PERIGON and/or third-party content providers retain ownership of all materials on the site, and you do not acquire any ownership rights by downloading, copying, or using such materials in accordance with these Terms. PERIGON reserves the right to discontinue or remove the site, or any part thereof, and may discontinue your right to use the site, or any part thereof, at any time.

Users are not authorized to sell, reproduce, distribute, modify, publicly perform, display, report, or create derivative works based on any of PERIGON's materials for public or commercial purposes. Therefore, you are not allowed to (i) resell or commercially use this site or its contents; (ii) collect or use any product listings, descriptions, photographs, or prices from this site for the sale or resale of any PERIGON products or for other commercial purposes; or (iii) create, reproduce, and/or distribute any material derived from the content provided on this site.

Additionally, PERIGON's material may not be displayed or communicated on any other site, in a networked computer environment, or other digital support for any purpose whatsoever.

In the event of a breach of these Terms, your permission to use PERIGON's material will automatically be revoked, and any copies of such material must be immediately destroyed.

Unauthorized use of PERIGON's material may subject you to criminal and civil liability for infringement of copyright laws, trademark laws, privacy or publicity laws, and communication regulations and statutes.

WARRANTY, HEALTH WARNING AND LIABILITY DISCLAIMER

All information, goods, services, products, and experiences provided by PERIGON are offered on an "as is" basis, with no express or implied representations and warranties. PERIGON does not guarantee that its products or programs will always yield the desired results.

To the maximum extent permitted by applicable law, under no circumstances and legal theory, including tort, contract, strict liability, or otherwise, will PERIGON be liable for any direct, indirect, special, or consequential damages arising from your use of physical amenities, equipment, and services, or digital use of the site or any linked/third-party website. This includes damages resulting from your purchase of PERIGON passes, cancellation of class purchases, registration for classes, purchase of merchandise, communication with PERIGON, and your use of and attendance at PERIGON's studios. Such damages may include but are not limited to loss of profits, goodwill, business interruptions, loss of programs, accuracy of results, computer failure or malfunction, or other data on your information handling systems, even if PERIGON had been advised of the possibility of such damages, and even if any claims had been waived by you previously in these Terms.

You are aware that indoor cycling and exercise equipment involve inherent risks and dangers associated with classes and facility use. Some of these risks cannot be eliminated even with diligent care to avoid injuries. The specific risks vary from one activity to another, ranging from minor injuries such as scratches, bruises, and sprains, to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, concussions, and even catastrophic injuries like paralysis and death. By signing up for and/or attending classes, events, activities, and other programs, and using the premises, facilities, and equipment of PERIGON and its subsidiaries, you assume all such risks and release PERIGON from any and all claims for damages or liability on account of the foregoing.

You confirm that you have no medical or physical condition that would prevent you from properly using any of PERIGON's classes and facilities, and that you do not have a physical or mental condition that would put you at any physical or medical danger. You also acknowledge that if you have any chronic disabilities or conditions, participating in PERIGON's classes and facilities may pose risks, and you should refrain from joining any classes.

If, in the subjective opinion of PERIGON staff, you might be at physical risk while using classes and facilities, you understand and agree that access to classes and facilities may be denied until you provide an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PERIGON's concerns and confirming that such concerns are unfounded.

By participating in and accessing classes and facilities despite the staff's best judgment, you (1) assume full responsibility for any injuries or damages sustained or aggravated during classes and facility use, whether while using exercise equipment or not, and (2) release, indemnify, and hold harmless PERIGON, its direct and indirect parent, subsidiary affiliate entities, and all of their respective officers, directors, members, employees, representatives, and agents from any and all responsibility, claims, actions, suits, procedures, costs, expenses, and damages related to participation in classes or use of facilities.

DISPUTE RESOLUTION

At PERIGON, we value the significance of each class, client, and community member. Our ultimate aim is to deliver exceptional experiences that surpass your expectations. However, if, for any reason, your experience falls short of your expectations, we sincerely request the opportunity to address and resolve any issues that may arise. To initiate this process, please reach out to us at STUDIO@PERIGON.CO and include the following information:

(1) Your name,

(2) Your address,

(3) A detailed description of your concerns, and

(4) A clear explanation of the specific relief you seek.

By sharing your feedback with us, you enable us to take appropriate actions and continuously improve our services. We are committed to making every effort to ensure your satisfaction with PERIGON and look forward to hearing from you.

INDEMNIFICATION

You agree to indemnify, defend, and hold PERIGON and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any and all claims, liabilities, damages (both actual and consequential), losses, and expenses (including attorney's fees) arising from or in connection with any third-party claims related to.

(a) Your use of the services, including any actions taken by a third party using your account, and any products (including the bike), and

(b) Your violation of these Terms.

By agreeing to this indemnification, you accept responsibility for addressing and covering any claims or liabilities that may arise due to the mentioned circumstances. This clause aims to protect PERIGON and its associated entities in case of any legal claims arising from your use of the services and products or any violations of the agreed-upon terms.

ACCEPTANCE OF TERMS

By using the site to purchase PERIGON passes and memberships, register for a PERIGON class, purchase merchandise, and/or attend a PERIGON class, you indicate your agreement to these Terms. If you do not agree with these Terms, please refrain from using the site for the actions mentioned above.

Occasional updates may be made to these Terms to reflect changes in PERIGON's policies. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms on our site. It is the user's responsibility to check our site periodically for any changes. Your continued use of or access to our services after any changes have been posted constitutes your acceptance of those changes.

GOVERNING LAW

These Terms, along with other separate Terms under which we provide services, are governed by the laws of the Republic of the Philippines.

If you have any inquiries or questions regarding these Terms, you can contact us at STUDIO@PERIGON.CO

EFFECTIVE DATE: Jan 1, 2024