EFFECTIVE DATE: July 16, 2021
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at STUDIO@PERIGON.CO.
This website is managed and operated by PERIGON PROJECTS, INC.
We offer this website including all information, tools, and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing our offerings, you engage in our “Services” and agree to the following terms and conditions, including those additional terms and conditions and policies referenced herein, those subsequently made available by hyperlink and notices, instructions, waivers in our facility (collectively “Terms of Service”, “Terms”).
These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
We are constantly trying to improve our products and services, so this Agreement may need to change along with our products and services. We reserve the right to change the terms at any time, but if we do, we will bring it to your attention by sending you an email, and/or by some other means.
You may, at any time, review the most current version of the Terms of Service. It is your responsibility to periodically check for any updates. If you don’t agree with the new terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the services. If you use the services in any way after a change to the terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these terms will be effective unless in writing and signed by both you and us.
USE OF THE SITE BY MINORS
- Minors under the age of 18 years old may not use the Services unless a parent or guardian has registered for the Services and accompanies such minors to all classes.
- Registration of a minor is permitted for PERIGON classes and must be completed in person at one of our studios with a parent or legal guardian. Where the minor must complete and submit a New Rider Waiver Form signed by a parent or legal guardian.
- We do not knowingly collect or solicit personally identifiable information from children under 14; if you are a child under 14, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 14, we will delete that information as quickly as possible.
- If you believe that a child under 14 may have provided us personal information, please contact us at STUDIO@PERIGON.CO.
- If you are 18 years old or older, you may register for the Service and take any classes that PERIGON offers. We reserve the right to ask for identification to confirm age prior to your entry into any class.
CLASSES, RESERVATIONS, ACCURACY OF BILLING, AND ACCOUNT INFORMATION
- You will be required to sign up for an account with your email address and to select a password. Although not required, after signing up for an account, you have the option to complete your profile by providing your first name, last name and a photo, among other information. If you want to buy class passes or products, you will need to provide your credit card information, billing address and shipping address, as further explained below.
- You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer or share your account to anyone else without our prior written permission.
- In order to make a PERIGON class reservation, you must first purchase a single pass or a package of passes from the Website or App. All sales are final. To buy a single pass or package of passes online, you have an option to create an account through the website by using your email and creating a password or click “login” to buy a package and make your reservation if you are already registered.
- All credit cards are accepted and sales through the use of a credit card will be made when a single pass or package of passes is purchased, not when a bike reservation is made. PERIGON will not process purchases that use an incorrect, expired, or over-the-limit credit card. 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 all costs, including attorneys' fees and collection costs, that PERIGON may incur in its efforts to collect any unpaid balance from you.
- When you buy a pass, you are entitled to use that pass to reserve a bike in all PERIGON studios. You cannot redeem/exchange your pass for cash and you cannot transfer it to another rider or community member.
- Passes have an expiration date posted in the description of the pass or package of passes on the Website and the App and are listed on your receipt. Kindly contact PERIGON for any valid requests or issues encountered regarding the expiration of your passes.
- Future class prices are subject to changes without prior notice to users, but PERIGON will honour your pass or package of passes until the expiration date, regardless of whether there is a price increase in the interim. Online bike reservations can be made up to 1 week in advance but not later than 1 hour prior to class time.
- We reserve the right at any time to modify or discontinue our services or any part or content thereof without prior notice to the users at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our services.
- All orders of our Products must be for personal use only. By purchasing our Products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We may, in our sole discretion, limit or cancel quantities purchased (i.e. per person, per household, or per order). These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the s me billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Website and App. You agree to promptly update your account and other information, including your email address and credit card number details, so that we can complete your transactions and contact you as needed.
- You will only use the Services and Products for your own internal (except to the extent that you book a class for another user), personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.
- You will not share your account or password with anyone, and you must protect the security of your account, password, and any other access tools or credentials. You’re responsible for any activity associated with your account.
PACKAGE FREEZING DUE TO INJURY OR ILLNESS AND TRAVEL
- Freezing current packages due to injury or illness will be allowed. Kindly email us at STUDIO@PERIGON.CO the recovery period needed; and a medical certificate or any valid document to support your case to be qualified for non-deduction of permitted freezes.
- Freezing current packages due to travel will be allowed. Package extensions for a minimum of 7 days and a maximum of 90 days, depending on the type of package you purchased. Kindly email us at STUDIO@PERIGON.CO.
-Enumerated are the valid pass packages and their corresponding permitted period and number of freezes:
- 30 pass packages and up: 3 freezes of 7 days or more is permitted
- 20 pass package: 2 freezes of 7 days or more is permitted
- 10 pass package: 1 freeze of 7 days or more is permitted
- 1-month unlimited, drop-in, 5 pass package: Cannot be frozen
CANCELLATION OF RESERVATIONS
- Refund Policy & Transferring Passes: All sales are final. We do not offer refunds on passes. In the case of long-term injury or relocation, we can transfer your passes to a third-party at the discretion of management. Transfers are subject to a 25% fee of the value of the pass(es) to be transferred. The package must be within the expiry period and the remaining passes transferred must be used by the expiry date. The management’s decision will be final. Kindly direct notice of transfer via email to STUDIO@PERIGON.CO
- You have a right to cancel your booking of classes and receive the applicable class passes back into your account at least 12 hours before the booked class, and after that time your spent passes will be forfeited. All cancellations made after the period previously mentioned will not be entitled to a pass return, thus bike reservation will manifest as a pass deduction on your package.
- Please note that passes expire. The expiration dates for classes are posted in the description of the pass or pass package on the website or in the App, and it will also be listed on your receipt. Future class prices are subject to change, but PERIGON will honor your class passes until the expiration date, regardless of whether there is a price increase in the interim. We will charge you when you purchase class credits.You have a right to cancel your booking of classes and receive the applicable class passes back into your account at least 12 hours before the booked class, and after that time your spent passes will be forfeited.
- You may cancel your bike reservation in the following ways:
- Call the studio where you’re booked to cancel your bike reservation for you.
- Log into your PERIGON account on the Website or App and, next to the class you wish to cancel, press “unreserve”.
- Late Policy: The safety and enjoyment of everyone at PERIGON is our absolute priority. Therefore, we cannot guarantee entry into the class if you arrive late to the PERIGON studio when the class has started. Arrive 15 minutes before your scheduled class time and sign in with the Front of House staff. If you are not signed in at least 5 minutes before class starts, your bike may be released to another rider, as priority is given to those who are on-time and waitlisted in the case of a full class. We cannot, under any circumstances, let a guest join the class after the lights are turned off and the warm-up track has started — this is for the safety of all guests and to avoid being disruptive to the rest of the class.
- If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
INTELLECTUAL PROPERTY RIGHTS
- The trademarks and trade dress of PERIGON are proprietary to PERIGON and may not be used by you for any reason other than 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, PERIGON. 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/consent of PERIGON, is strictly prohibited.
- You acknowledge that PERIGON 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. PERIGON 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.
- 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 PERIGON’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any PERIGON products or for other commercial purposes; or (iii) create, reproduce and/or distribute any material derived from the content provided on this Website and/or App.
- Furthermore, PERIGON’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever.
- In the event of breach of any of these Terms of Service, the user's permission to use PERIGON’s material will automatically be renounced and any copies made of PERIGON’s material must be immediately destroyed.
- Any unauthorized use of PERIGON’s material may make you criminally and civilly liable for infringement of copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
- All information, goods, services, products and experiences are sold by PERIGON on an "as is" basis only. PERIGON makes no representations and warranties, express or implied. It does not guarantee that any of its products or programs will always produce the desired result.
- To the fullest extent allowed by applicable law, under no circumstances and no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) will PERIGON be liable for any direct, indirect, special, or other consequential damages to you resulting from your use of physical amenities, equipment, and services; and digital use of the Website, the App, or on any other linked/third-party website resulting from your purchase of PERIGON passes, your cancellation of your purchase of PERIGON classes, your registration for classes, your purchase of merchandise, your communication with PERIGON, and your use of and attendance at PERIGON’s studios, including but not limited to, any loss of profits, loss of goodwill, business interruptions, loss of programs, accuracy of results, computer failure or malfunction, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if PERIGON expressly advised of the possibility of such damage.
- You are assumed to be aware 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 diligent care given to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, that/which may 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, among others. You assume all such risks in signing up for and/or attending classes, events, activities, and other programs and also by using the premises, facilities and equipment of PERIGON and its subsidiaries therefore releasing PERIGON and waiving any and all claim for damages or liability against it on account the foregoing.
- You represent that you (a) have no medical or physical condition that would prevent you from properly using any of PERIGON’s classes and facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk by using PERIGON’s classes and facilities, and should not be participating in any classes.
- If in the subjective opinion of the PERIGON staff, you would be at physical risk of using PERIGON’s classes and facilities, you understand and agree that you may be denied access to the classes and facilities until you furnish PERIGON with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PERIGON’s concerns and stating that PERIGON’s concerns are unfounded.
- In consideration of being allowed to participate in and access the classes and facilities despite its staff’s best judgment, you hereby (1) agree to assume full responsibility for any and all injuries or damages 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 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, damages arising out of or in any way related to participation in the classes or use of the facilities.
- At PERIGON, we believe every ride, rider, and community member matters. Our goal is to do our best to ensure that every experience with PERIGON will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address and resolve any problem. To do that, kindly email us at STUDIO@PERIGON.CO. Include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
- In case of any dispute that is not settled amicably, you agree to have the dispute submitted for mediation or arbitration pursuant to the rules of the Philippine Dispute Resolution Center, Inc.
- You agree to indemnify, defend and hold the harmless PERIGON and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, liabilities, damages (actual and consequential), losses and expenses (including attorney’s fees) arising from or in any way related to any third-party claims relating 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.
ACCEPTANCE OF TERMS
- By using the Website or App for the purpose of purchasing a PERIGON class, registering for a PERIGON class, purchasing merchandise, and/or using or attending a PERIGON class, you signify your acceptance of these Terms of Service. If you do not agree to this, please do not use the Website or App to perform the following actions previously mentioned
- Occasional changes may be made to these Terms of Service to reflect changes in PERIGON’s policies. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service on our website. It is the user’s responsibility to check our website periodically for any and all changes. Your continued use of or access to our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- These Terms of Service and any separate agreements whereby we provide our services shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
If you have any questions about these Terms and Conditions you can reach us at STUDIO@PERIGON.CO.