RISE STUDIO MAUI LLC TERMS OF SERVICE

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations, and in using this website, you are deemed to have read and agreed to the following Terms and Conditions.

This Website is operated by the Rise Studio Maui LLC. Your use of this Website, purchase or use of any of our products constitutes your agreement to these Terms and Conditions.

READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES IMMEDIATELY.

BOOKING POLICY

CREDITS - Your account must include at least one class credit. One class credit entitles you to attend a class.  To book a class at Rise Studio Maui, you must have a valid class credit or membership to reserve a bike. To buy an individual class , class packs or membership, you can create an account on risestudiomaui.com by using your email and creating a password or if you are already registered, click login to buy a class credit or membership and make your reservation. You can purchase Credits via our Website or App. Pricing for Credits are available on our Website or App. Please be aware that classes and class packs expire, and future prices are subject to change. All class packages are non-transferable and non-refundable. Subject to any statutory right of cancellation, payments for Credits are non-refundable.

MEMBERSHIPS - It shall continue in effect on a month-to-month basis until terminated in accordance with the provisions of this Agreement.  Membership Fees- Your first-month fee is due upon execution of this Agreement. Thereafter, monthly fees are due on the same day of each subsequent month. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card, or credit card. By providing your checking account, debit card, or credit card information, you are consenting to RISE STUDIO MAUI automatically withdrawing your membership fees as they come due each month. Your membership fee amount is based on the specific membership you selected. Prices subject to change. Unused credits do not transfer over to the next month. Membership credits are non-transferable.

CANCELLATION POLICY FOR RESERVATIONS

In order for a class credit to return to your account, you must unreserve by 5PM the previous day of your scheduled class.. Once your reservation is canceled, the class credit will be returned to your account to be used at a future date; the class payment is nonrefundable. If you haven't canceled by 5PM the previous before your scheduled class, you will result in a loss of class credit. If you have a membership and do not cancel by 5 PM the previous day before your scheduled class, you will result in a loss of credit.

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, click "unreserve".

Please note, in fairness to all our customers, BIKE RESERVATIONS WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your bike by 5 PM the previous day prior to class, OR if you do not sign in at least 4 minutes before class begins, then RISE STUDIO MAUI shall have the right, without any credit or refund to you, to allow others to reserve the bike. 

Minors (16-18 years old) must be completed in person at Rise Studio with a parent or legal guardian present.

4 min grace period due to liability and safety reasons, if you’re running more than 4 minutes late, you will not be allowed to attend class. please give us a call if you’re running late. 

WAITLIST

When you join the waitlist, one credit will be deducted from your account. If you join the waitlist and a space becomes available, you will be automatically added to the class. You will be notified by e-mail if you are automatically added to a class.

Class credit will return to your account if you are not added from the waitlist.

COVID

I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. I further understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact and accordingly, federal and state health agencies recommend social distancing.

I recognize that the staff at RISE STUDIO MAUI are closely monitoring this situation and have reasonable preventive measures in place targeted to reduce the spread of COVID-19. Given the nature of the virus, however, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with this indoor cycling class. 

Accordingly, I acknowledge and assume the risk of becoming infected with COVID-19 through elective attendance of classes at RISE STUDIO MAUI and I give my express permission for the staff at RISE STUDIO MAUI and RISE STUDIO MAUI to proceed with the same.

I understand that even if I have been tested for COVID and received a negative test result, the tests in some cases may fail to detect the virus or I may have contracted COVID after the test. I understand that I could have a COVID-19 infection and even if I do not have any symptoms.

I understand that possible exposure to COVID-19 before/during/after class may result in any of the following: a positive COVID-19 diagnosis, extended quarantine/self-isolation, additional tests. 

hospitalization that may require medical therapy, intensive care treatment, the possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death. In addition, after any class I electively attend at RISE STUDIO MAUI, I may need additional care that may require me to go to an emergency room or a hospital.

I understand that COVID-19 may cause additional risks, some or many of which may not currently be known at this time.

I have been opted in to attend this class, despite being given the option to ride at a later date. However, I understand all the potential risks, including, but not limited to the potential short-term and long-term complications related to COVID-19, and I would like to proceed with attending classes at RISE STUDIO MAUI. I acknowledge that I have been offered a copy of this consent form.

I UNDERSTAND THE EXPLANATION AND HAVE NO MORE QUESTIONS AND CONSENT.

DAMAGES

RISE STUDIO MAUI customers shall pay for any damages to RISE STUDIO MAUI property or equipment which results from his/her willful or negligent conduct.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of RISE STUDIO MAUI are proprietary to RISE STUDIO MAUI 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 are property of, or duly licensed to, RISE STUDIO MAUI. 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 RISE STUDIO MAUI, is strictly prohibited.

You acknowledge that RISE STUDIO MAUI 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. RISE STUDIO MAUI 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.

CONTACT US- If you have any questions about these Terms you can reach us at risestudiomaui@gmail.com and we are happy to discuss in greater detail. 

ACCEPTANCE OF TERMS

By using the Website or App, purchasing a RISE STUDIO MAUI class or membership offerings, registering for a RISE STUDIO MAUI class, booking a bike, purchasing merchandise, and/or using or attending a RISE STUDIO MAUI 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 RISE STUDIO MAUI class or membership offerings, registering for a RISE STUDIO class, booking a bike, purchasing merchandise, and/or using or attending a RISE STUDIO MAUI class.

Changes may be made to this document to reflect changes in RISE STUDIO MAUI policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying RISE STUDIO MAUI classes, registering for classes, booking bikes, buying merchandise, and/or using and attending RISE STUDIO MAUI studio, you agree to be bound by any such revisions. We encourage you to check this document periodically to stay informed of current guidelines or ask RISE STUDIO MAUI should you have any questions. 

WAIVER AND INJURY RELEASE

THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify Rise Studio Maui, its subsidiaries, and affiliates, and all of their respective members, employees, instructors, owners, successors, agents, contractors, and assigns (collectively the “Released Parties”). Participant, or the parent or legal guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Releasing Parties”) hereby grants to the Released Parties this full release and indemnification as a consideration in exchange for permitting Participant to participate in this exercise program. The participant is entering into this Release after having viewed or having the opportunity to view the studio and have had an opportunity to ask questions regarding the services and risks associated with this exercise program. Any questions the Participant has asked have been answered to the Participant’s complete satisfaction. The participant will not teach, copy, reproduce, alter, modify, record, or create derivative works from any of the proprietary classes, class formats, or choreography from RISE STUDIO MAUI, its agents or employees, or materials affiliated with it. Participant understands that any violation of this clause, on his/her behalf or on that of any affiliated entity, will be enforced to the maximum extent permitted by law and will include, but is not limited to, injunctive relief, actual and punitive damages, as well as attorney fees and costs. The participant is voluntarily participating in the activity with full knowledge, understanding, and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death, which could occur by reason of Participant’s participation. Participant, including the Releasing Parties, hereby releases the Released Parties from any liability and agrees not to sue the Released Parties with respect to any cause of action for bodily injury, property damage, or death arising out of any of the activities or programs herein or in the use of any equipment at this or any other premises of the Released Parties. Participant hereby assumes full responsibility for risks of bodily injury, property damage, or death to Participant due to the ordinary negligence or gross negligence of the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in the exercise program. Participant, including the Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost, the Released Parties from any and all claims arising out of Participant’s participation in the exercise program, without limitation, attorneys’ fees and expenses incurred by the Released Parties. All personal property brought to the studio is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any personal items left by Participants in this facility. The participant hereby agrees to permit Rise Studio Maui to use without compensation images of Participant as a program participant in internal and external promotional material. This includes any printed material, broadcast and print advertising, promotional videos, and websites, which are produced or published by Rise Studio Maui. All such materials are the property of Rise Studio Maui. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms together with our Privacy Policy, and any policies or operating rules posted by us on the Websites constitutes the entire agreement and understanding between you and us, and governs your use of the Websites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms, our Privacy Policy , any other legal notices published by us on the Websites or in our studio, and any waiver or agreements signed by you in the studio shall constitute the entire agreement between you Rise Studio Maui. 

At Rise Studio Maui, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By signing up for and/or attending Rise Studio Maui classes, and using Rise Studio Maui you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise in association with the Classes and Facilities. Please keep resistance on the bike at all times to prevent injury. In consideration of being allowed to participate in and access the Classes and Facilities provided by Rise Studio Maui, in addition to the payment of any fee or charge, 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 Rise Studio classes.

2) Waive, release and forever discharge Rise Studio Maui, from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use at Rise Studio Maui.

3) Represent that you have no medical or physical condition which would prevent you from attending Rise Studio Maui classes or put you in any physical or medical danger, and have not been instructed by a physician not to do so. 

4) Agree by visiting Rise Studio Maui, you voluntarily assume all risks related to exposure to COVID-19.

5) Agree and consent by acknowledging these terms, that Rise Studio Maui may display these photographs and recordings through our website and social media channels.

6) Agree that Rise Studio classes that you attend may be filmed and recorded by cameras installed throughout the facility. These cameras are for the safety of our staff and riders.

7) Agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

8) Agree to photo and/or video consent and release without compensation now or in the future. You give your consent to Rise Studio Maui to use your image and/or any interview statements made by you in its publications, advertising, social media posts (including the Internet, the Website, and App). These consents are given in perpetuity and do not require prior approval by you.

9) Agree to not bring recording devices of any kind, i.e., cellular phones, video cameras and audio recorders are NOT allowed in Rise Studio Maui classes, and you agree that you will not record any sound or video, nor use any music detection services such as Shazam or any similar App.

Rise Studio Maui may not be used by you for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of the materials on this Website without the prior written permission Rise Studio Maui is prohibited.