The following terms and conditions shall be known as the “Agreement” and shall govern the use of PERIGON’s website www.perigon.co (the "Website") and the PERIGON Mobile Application (the "App"), the purchase of PERIGON classes, cancellation of purchase of PERIGON classes, registration for classes, purchase of merchandise, communication with PERIGON, and use of and attendance at PERIGON’s studios.
1. USE OF THE SITE BY MINORS
1.1. Minors may register and use the Website and App only with the involvement of a parent or guardian. PERIGON does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18.
1.2. Registration of a minor is permitted for PERIGON classes only, and must be completed in person at one of our studios with a parent or guardian.
1.3. A minor must be at least 12 years of age and 4'11" in height.
1.4. A minor must submit a New Rider Waiver Form signed by a parent or guardian before signing up for PERIGON classes online
2. CLASSES, RESERVATIONS, ACCURACY OF BILLING AND ACCOUNT INFORMATION
2.1. In order to make a reservation, you must first buy a single pass or a package of passes . All sales are final. To buy an individual pass or package of passes online, you can either create an account at www.perigon.co by using your e-mail and creating a password, or if you are already registered, click login to buy a package and make your reservation. We accept all credit cards.
2.2. Your credit card will be charged for your order when you buy a pass or package of passes, not when you book your bike. PERIGON will not process purchases 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 all costs, including attorneys' fees and collection costs, that PERIGON may incur in its efforts to collect any unpaid balance from you.
2.3. When you buy a pass, you are entitled to use that pass to book a bike in all PERIGON studios. You cannot redeem your pass for cash and you cannot transfer it to another rider or community member.
2.4. Passes do expire. The expiration dates are posted in the description of the pass or package of passes 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.
2.5. Future class prices are subject to change without notice, but PERIGON will honor your pass or package of passes until the expiration date, regardless of whether there is a price increase in the interim. You can reserve classes online up to 1 week in advance but not later than 1 hour prior to class time.
2.6. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice 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.
2.7. We reserve the right to refuse any order you place with us. 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 us the same 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 e-mail 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 store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3. CANCELLATION OF RESERVATIONS
3.1. You or your representative may cancel your purchase of a pass or package of passes for any of the reasons/circumstances listed below, in which case PERIGON will refund the purchase price of your unused class or classes. To do so, you must give us notice, by e-mail to firstname.lastname@example.org:
- If you die or become permanently disabled or ill and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor.
- If you move your residence more than 25 miles from a PERIGON studio location. Depending upon where you live, you may be charged a cancellation fee.
- If PERIGON stops offering classes permanently, you may cancel your purchase.
3.2. You may cancel a reservation in a PERIGON class but it must be done at least 12 hours or more prior to the class. Once your reservation is cancelled, the pass will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled 12 hours prior to the class, your scheduled class will be charged to your package.
3.3. You can cancel your reservation in the following ways:
- Log into your account on the Website or the App and, next to the class you wish to cancel, press “unreserve”.
- Call the studio where you’re booked to cancel the class for you.
3.4. Your reserved bike and spot will be released and given to other clients 5 minutes before class begins if you are not physically in the studio.
3.5. Riders and community members who arrive less than 5 minutes before class begins will not be admitted into class as it is too disruptive to instructors and other riders. It is also for safety purposes.
3.6. If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. 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.
4.2. 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 PERIGON, is strictly prohibited.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. In the event of breach of any of these Terms and Conditions, users’s permission to use PERIGON’s material will automatically terminate and any copies made of PERIGON’s material must be immediately destroyed.
4.7. 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.
5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
5.1. 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.
5.2. In no event will PERIGON 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 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 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 PERIGON expressly advised of the possibility of such damage.
5.3. You are 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 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, among others. You assume all such risk in signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment of PERIGON and its subsidiaries and releases PERIGON and waives any and all claim for damages or liability against it on account the foregoing.
5.4. 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 in using PERIGON’s classes and facilities, and should not be participating in any classes.
5.5. 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.
5.6. 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 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 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.
6. DISPUTE RESOLUTION
6.1. 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 any problem. To do that, please e-mail us at email@example.com. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
6.2. 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 harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. ACCEPTANCE OF TERMS
7.1. By using the Website or App, purchasing a PERIGON class, registering for a PERIGON class, booking a bike, purchasing merchandise, and/or using or attending a PERIGON class, you signify your acceptance of these Terms and Conditions. If you do not agree to this, please refrain from using the Website or App, purchasing a PERIGON class, registering for a PERIGON class, booking a bike, purchasing merchandise, and/or using or attending a PERIGON class.
7.2. 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 by posting updates and changes to our website. It is your responsibility to check our website periodically for 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.
9. GOVERNING LAW
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 firstname.lastname@example.org.
EFFECTIVE DATE: January 1, 2019