RISE31’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into this website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by RISE31. RISE31 grants you permission to electronically copy and print hard copies of pages from this website solely for your own personal, non-commercial purposes related to your purchase of products and services. Otherwise, except for information for which you have obtained express and written authorization from RISE31, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any other use of this website or content or information contained in this website is strictly prohibited, unless you first obtain the written permission of RISE31.
RISE31, the RISE31 logo, the infinity symbol, and all related marks are trademarks and service marks of RISE31. All rights in those trademarks and service marks are reserved to RISE31.
Though RISE31 uses reasonable efforts to ensure otherwise, this website may contain typographical errors or other inaccuracies and may not be complete or current. RISE31 reserves the right to correct any errors, inaccuracies, or omissions, including the right to correct errors an order has been submitted, and to change or update information at any time without prior notice.
Waiver and Release
By signing up for and/or attending RISE31 classes, activities, and other events and using its facilities and equipment, you hereby agree that there are certain inherent risks and dangers in indoor cycling. In consideration of being allowed to participate in the classes, activities, and other events provided by RISE31, in addition to the payment of any fee or charge, you (1) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to RISE31 classes, activities, or events (2) waive, release and forever discharge RISE31, its directors, officers, shareholders, affiliates, agents, consultants and employees from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to yourself or property resulting from participation in and use of RISE31 classes, activities, and other events and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of RISE31’s classes, activities, and events and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. RISE31 hereby advises you that individuals with any chronic disabilities or conditions are at risk in using RISE31 facilities and equipment and are advised against doing so. In addition, if in the opinion of RISE31 staff, you would be at physical risk participating in RISE31 classes, activities, and events or using its facilities, you will be denied access to RISE31 until you provide RISE31 with a letter from your physician, specifically addressing RISE31 concerns and stating that you are able to participate in classes, activities, and events. If you decline to obtain such letter, you will not be permitted to participate in RISE31 classes, activities, and events or use RISE31 facilities. RISE31 reserves the right to refuse service at its discretion.
Third Party Links
This website provides links to third party websites, including social media websites such as Facebook®, Twitter®, Instagram®, and other websites with content we believe may interest our customers. Please note that you use these third party websites at your own risk. RISE31 has no control over the content or operations of these third party websites and shall have no responsibility for and disclaims all liability related to your interactions with any third party websites you access through links on RISE31’s website.
Disclaimer of Warranties and Limitation of Liability
RISE31 provides this website, its contents, and all products, services, and information provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY PRODUCT OR SERVICE PURCHASED BY YOU FROM THIS WEBSITE OR OTHERWISE RECEIVED FROM RISE31 IS AT YOUR SOLE RISK. WITH RESPECT TO THIS WEBSITE, THE INFORMATION PROVIDED ON THIS WEBSITE, AND THE PRODUCTS OR SERVICES SOLD THROUGH THIS WEBSITE, RISE31 EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
RISE31 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RISE31, ITS EMPLOYEES, AFFILIATES OR ANY OTHER PARTIES INVOLVED IN CREATING, DELIVERING, PROMOTING, OR SELLING THE WEBSITE OR THE SERVICES SOLD THROUGH THE WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE INFORMATION OR FUNCTIONS OF THIS SITE, EVEN IF RISE31 OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) THE USE OR MISUSE OF A PRODUCT PURCHASED THROUGH THIS WEBSITE.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL RISE31’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.
Terms of Purchase
In order to reserve a class, you must first purchase a single class, a package of classes, or a monthly unlimited contract. If you are new to RISE31, you can sign-up online to make a purchase or if you are an existing customer, sign-in to make a purchase. Once you have credit(s) in your account, you may reserve. Classes cannot be shared between clients.
Please be aware that classes and series expire. We accept MasterCard, Visa, and American Express. We do not take cash. You can reserve classes online up to 1 week in advance (Monday through the following Sunday). The booking window opens Sunday at 12 PM.
Your credit or debit card will be charged for your order when you book your bike. RISE31 will not process reservation charges 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 fully responsible and liable for any fees, including attorneys’ fees and collection fees, that RISE31 may incur in its efforts to collect any unpaid funds from you.
Cancellation, Late Arrival, and No Show Policies
In order to cancel a RISE31 class and avoid losing a credit, you must unreserve your class at least 12 hours prior to your scheduled class. You may cancel online or by calling the studio directly. If your class is cancelled in time, the class will be returned to your account to be used at a future date. If you are a client with one of our unlimited packages and you “late cancel” or “no show”, you will be charged $20.
If you are not checked-in at the start time of class, your bike will be released to a client on the waitlist. If you are running late, please call to let us know. We will hold reservations for up to 10 minutes after the start of class. If you arrive more than 10 minutes late, you will not be permitted to attend class (for cycling and yoga). We will not be able to let anyone into an In-Trinity class once it has begun. We understand life gets crazy, but late arrivals not permitted to enter and/or no shows will result in a loss of credit.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Moreover, by purchasing products or services from RISE31, you agree that the offer and sale of such products or services takes place in, and will be governed by the laws of, the State of Texas. You also agree that any legal or equitable claim arising from your use of the website and/or your purchase of products or services must be brought in the state or federal courts located in Harris County, Texas, and you consent to the exclusive jurisdiction of and venue in such courts. RISE31’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or products purchased through this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or use of the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas, as necessary to protect its rights or property.
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and RISE31 with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. RISE31 may amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and RISE31.
This agreement was last revised on December 1, 2018.
Terms & Conditions
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, including the Waiver and Release:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “Our” “we” and “Us” refers to our Company, Third Avenue Enterprises, Inc. d/b/a RISE31 Indoor Cycling & Fitness.) “Party”, “Parties,” or “Us” refers to both the client and ourselves, either the client or ourselves as determined by the context of the sentence. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, for the express purpose of meeting the client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Our website, http://www.RISE31.com, provides users with basic information about us, as well as the ability to book, cancel, and pay for services and products offered at our facilities. The extent of services offered by us are limited to those described on our website, which is hosted in the United States. We reserve the right to add, change, remove or modify the services provided by us as well as the policies under which we operate without notice or obligation.
Collection of Information
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and dates of birth when customers create personal account profiles, which are necessary to book and participate in our classes. We use email addresses to maintain contact with you regarding your class schedules, account status and for general communication. We may, from time to time, send email to you alerting you to special events we may host or to acknowledge activities or milestones relevant to you. We do not, and will not, share with or sell your confidential information to third parties at any time. As email addresses are used to identify Customers, we do require that an email address be provided at sign-up.
It is important for you to protect against unauthorized access to your account, password and to your computer, tablet or phone (collectively, “Devices.”) If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept sole responsibility for all activities that occur under your account or password, including the purchase of goods and/or services. Please be sure to sign off when you are finished using a shared computer. Our system does not enforce restrictions on passwords or require the changing of passwords at regular intervals. Therefore, we highly recommend that you create and use passwords that are not easily guessed or intuited. Using combinations of letters, numbers and symbols and avoiding the use of proper names, birthdays and the like can help protect your account’s safety.
Credit card transactions made on our website or in person at our facility are transmitted to our merchant gateway, Authorize.net, via secure Internet link. We do not store any credit card or personal information locally, and we only see the last four digits of your credit card. Our business platform and website is operated and managed by a third party with specific expertise in the management of boutique fitness venues. This service provider, along with any of its hosting providers, utilize industry-standard products, procedures and tools to safeguard personal information as well as the integrity of their systems. We have no direct or indirect control over the systems, policies, tools or personnel utilized by our service providers.
Only authorized employees, representatives agents, and contractors who have agreed to keep information secure and confidential have access to personally identifiable information. None of these parties is allowed to use confidential information for any purpose other than for serving customers or assisting us in monitoring the performance of our business. All emails and newsletters from this site allow you to opt out of future marketing mailings.
We reserve the right to refuse account creation, terminate accounts, remove or edit content or cancel orders in our sole discretion. When you visit our website or send emails to us, 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.
Purchases of Classes, Packages and Merchandise
Our website delineates the current class and package options available for our classes. Pricing is subject to change without notice, and prices listed on the website shall be applicable once posted. Classes and packages must be used within the specific time periods noted at the time of purchase. We may extend packages via a “grace period” but are under no obligation to do so. Our email system is programmed to send you reminder emails in advance of a package’s expiration, but we are not responsible for any failure of reminder emails to reach you due to system malfunction, transmission errors, SPAM filters, etc.
Packages are not transferrable or shareable. If you are bringing a guest, your guest must create an account with us and accept these Terms and Conditions. Your account will be debited for the number of guest in attendance as well as your own class.
We sell various items of clothing and accessories at our location. We accept returns of merchandise within 14 days of purchase for store credit or exchange. We do not offer cash refunds. Items returned must be unworn or unused and complete with original tags and/or packaging. Allowances will be made for defective or damaged goods if brought to our attention with 14 days of purchase. Items purchased on sale or mark-down are not returnable.
In order to provide the greatest access to classes for our clients and in the interest of fairness, we enforce a strict cancelation policy. By accepting these Terms and Conditions, You acknowledge that you have read and understand Our Cancellation Policy.
In order to cancel a class, you must do so 12 hours before your class. Once you cancel, the number credits required for the class is returned to your account; there are no refunds for unused or cancelled classes. If still within the cancellation window, you may cancel your class through your account, by emailing the studio at email@example.com or by calling the studio and speaking with a staff member.
For unlimited members, failure to cancel a class and becoming a “no-show” will result in a charge of $20.00 to your account. Recurring package holders and package holders will forfeit a session.
If you are running late, we ask that you call the studio at (561) 332-3515 to alert a staff member. We will hold your spot up to ten minutes before the class begins. After that, we may allow another customer to take your spot, and you may be assessed a no-show fee.
No one under the age of 13 is able to book or take class at our facility. For persons under the age of 18, you must receive written permission from a parent or guardian, as acknowledged in our Waiver and Release form.
For classes specifically offered to persons under the age of 16, such restrictions do not apply.
Our classes are designed to require intense physical exertion and demanding cardiovascular effort. Participants should be aware that temperatures in the Studios may rise into the 80s despite the operation of our environmental systems. We recommend that you bring or purchase a bottle(s) to hold water or other hydrating beverages for use in class. We also suggest that you consult with your health care provider before undertaking our or any other forms of strenuous exercise. If at any time in a class you experience difficulty breathing, pain or other symptoms inconsistent with strenuous exercise, STOP IMMEDIATELY and notify an instructor or staff member at once.
Our classes are set to music that may be played at high volumes. If you are sensitive loud music, we offer foam ear protection in the studio free of charge for your use. Some of the music played during classes may contain explicit language. If this is a concern to you, we request that you check with your instructor prior to class to understand the nature and amount of language. Classes offered exclusively to persons under the age of 18 will not contain any explicit music.
If you must leave early, please inform your instructor before the class begins, and if possible, please book a bike near the door so as to minimize any potential disturbance to others.
Waiver and Release
By signing up for and/or attending RISE31 Indoor Cycling & Fitness (“RISE31,” “We,” “Us” or “Our”) classes, activities or other programs and using our premises, facilities and equipment (collectively Classes and Facilities) you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise in general as well as the equipment used in association with the Classes and Facilities. In consideration for being allowed to participate in and access the Classes and Facilities provided by us, 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 that are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge Third Avenue Enterprises, Inc., RISE31, its officers, agents, contractors, employees, representatives and all others, including successors, from any and all responsibility, claims, rights, causes of action, and/or liability from injuries or damages to your person or property resulting from participation in and use of the Classes and Facilities, and (3) represent that you have no medical or physical condition which would prevent you from attending and or using any of RISE31’s Classes or Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
Further, you agree that you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions provided by RISE31 staff as conditions for participation in any Class, party, special event and/or all other programs at RISE31.
We hereby advise you that individuals with any chronic disabilities or conditions are at risk in participating in or using RISE31’s Classes and Facilities, and we advise you against doing so. In addition, if, in the opinion of RISE31’s staff, you would be at physical risk participating in or using our Classes or Facilities, you will be denied access to RISE31 and its Classes and Facilities until you furnish us with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing RISE31’s concerns and stating that our concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in or use the Classes and Facilities of RISE31. We reserve the right to refuse service at our discretion.
You are aware that there are inherent risks associated with physical activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You yourself and your respective heirs, assigns, administrators, personal representatives and next of kin hereby release and hold harmless Third Avenue Enterprises, Inc, d/b/a RISE31 and its affiliates, directors, officers, contractors, agents, and employees (collectively, “RISE31,”) other participants and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to the participation in or use of any or all of the Classes and Facilities. Specifically you agree to release RISE31 from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to the participation in or use of any and all of the Classes and Facilities. You have read this Waiver and Release and assumption of risk and indemnity agreement fully and understand its terms and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are signing this Waiver and Release freely and voluntarily and intend by your acceptance of these terms to be a free and unconditional release of all liability to the greatest extent allowed by the law. The term of this Waiver and Release is indefinite.
Additional Waiver and Release for Persons Under the Age of 18
Before persons under the age of 18 may participate in or utilize RISE31’s Classes and Facilities, such person(s) are required to obtain from a parent or legal guardian consent to the following Waiver and Release. Consent shall be in the form of written communication signed by the parent or legal guardian. RISE31 is under no obligation to verify the identity and relationship to the minor of the parent or legal guardian.
In consideration of being allowed to enter into the area and or participate in any class, event, party or other program at RISE31, the undersigned, on behalf of the participant identified as a minor, acknowledges, appreciates and agrees to the following conditions:
You represent that you are the parent or legal guardian of the minor participant. You agree that the minor participant for whom you are responsible shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions provided by the RISE31 staff as conditions for participation in any class, special event, party and/or other program at RISE31. You are aware that there are inherent risks associated with physical activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You yourself and for the minor participant for who you are responsible, and your respective heirs, assigns, administrators, personal representatives and next of kin hereby release and hold harmless Third Avenue Enterprises, Inc. d/b/a RISE31 and its affiliates, directors, officers, contractors, agents, and employees (collectively, “RISE31,”) other participants and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to the participation in or use of any or all of the Classes and Facilities. Specifically you agree to release RISE31 from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to the participation in or use of any and all of the Classes and Facilities. You have read this Waiver and Release and assumption of risk and indemnity agreement fully and understand its terms and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are signing this Waiver and Release freely and voluntarily and intend by your acceptance of these terms to be a free and unconditional release of all liability to the greatest extent allowed by the law. The term of this Waiver and Release is indefinite, unless withdrawn by the parent or legal guardian of the minor.
Intellectual Property Rights
The logos, marks, design, colors, look-and-feel and organization of our website is copyrighted by Third Avenue Enterprises, Inc, and its successor or assignees. Use of the website is granted to visitors seeking information about our services, classes and programs or to purchase make class reservations. The printing of our website is permitted for the purpose of seeking information in an off-line setting. No portion of our website may be copied or reproduced, and use of our logo, marks and name by any third party is a violation of our copyright unless the user has obtained written permission from us. We may use the names and marks of third parties on our website. Those names and marks are the property of their respective owners.
Our class names, formats, methodologies and content are also copyrighted.
IN NO EVENT SHALL THIRD AVENUE ENTERPRISES, INC. D/B/A RISE31 INDOOR CYCLING & FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RISE31 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THIRD AVENUE ENTERPRISES, INC. D/B/A RISE31 INDOOR CYCLING & FITNESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Choice of Law of this website, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising from your use of this website must be brought in California.
We reserve the right to revise these Terms and Conditions by updating this posting. By using this website, you agree to be bound by any future revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. The date of this revision of these Terms and Conditions is March 2015.