PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
These terms govern your use of the BPM Fitness website (the “Website”), the use of the BPM Fitness mobile application (the “App”) and your registration for any BPM classes or services whether through the BPM website, application or any third party services including, but not limited to, Mindbody, Class Pass and Zenrez. The Website and the App are designed to allow users to make class/series purchases, register for classes, book bikes, buy merchandise, and communicate with BPM Fitness. These terms also set forth the legally binding terms for your use of our BPM Fitness services. By using the BPM Fitness services, regardless of the portal or application used to purchase such services, you agree to be bound by these terms and conditions, whether you are a “Visitor” (which means that you simply browse the BPM Fitness website) or you are a “Member” (which means that you have registered with BPM Fitness and/or purchased one or more BPM Fitness classes). The term “User” refers to a Visitor or a Member. You are only authorized to use the BPM Fitness services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these terms and conditions. Please read these terms of and conditions carefully and save it. If you do not agree with it, you should leave the BPM Fitness website and discontinue use of the BPM Fitness services immediately. If you wish to become a Member, you must read these terms and conditions and agree to them. Your purchase or use of any BPM services or classes constitutes your agreement to the terms and conditions below.
General Statement on Privacy, Personal Data, and Communications
If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with BPM Fitness via email or any third party application or portal, including Mindbody, Class Pass or Zenrez, you are communicating electronically. You consent to receive communications from BPM Fitness electronically. BPM Fitness will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that BPM Fitness provides electronically satisfy any legal requirement that such communications be in writing.
BPM Fitness Account
In order to access some features of the website, you will have to create a BPM Fitness account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BPM Fitness immediately of any breach of security or unauthorized use of your account. Although BPM Fitness will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BPM Fitness or others due to such unauthorized use.
User Provided Information
BPM Fitness collects certain limited personal information about individuals – such as names and postal codes, home addresses, and email addresses when it is provided by you to BPM Fitness. Personal information is obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations through BPM’s website, application and third party applications and portals such as Mindbody, Class Pass and Zenrez. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. BPM Fitness may use the information provided to contact you with important information, required notices, and marketing promotions. Your personal information will not be sold to any other party and will be used only for BPM’s business purposes.
Fees and/or Class Purchases
You acknowledge that BPM Fitness charges fees for its services, and BPM Fitness reserves the right to change its fees from time to time in its discretion. If BPM Fitness terminates your membership because you have breached these terms and conditions, you may not be entitled to a refund of any unused portion of membership or other fees. In addition, any monthly, annual or class packages you have purchased are non-refundable no matter what the reason.
Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify BPM Fitness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Automatically Collected Information
The Website and App collect information about Users automatically when individuals request pages through a browser or purchase services. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows BPM Fitness to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server contains information that enables BPM to track your purchases and class attendance and to communicate with you through your email or home address if you have provided it. BPM does not mine information about you from third parties and has access only to information you have provided through your use of BPM’s website, application and third party applications or portals that you use to register for BPM’s classes or to purchase services.
Security Statement
BPM Fitness makes every effort to ensure that all of the transactions that occur on the Website and App are secure and we are concerned about safeguarding the confidentiality of your information. However, please be aware that although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Cookies
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it. Like many other websites and applications, the Website and App use cookies to obtain certain types of information. For example, BPM Fitness might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. BPM Fitness reserves the right to use cookies in the future in conjunction with new content or expanded functionality. If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.
How The Information You Provide Might Be Used
The following are examples of how BPM Fitness might use the personal information collected through the Website, App and/or third party applications such as Mindbody, Class Pass and Zenrez:
– If you purchase a BPM Fitness series, sign up for a BPM Fitness class, or purchase BPM Fitness retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
– BPM Fitness related news and information may be emailed to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website or App:
– Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Website, the App, and the overall BPM Fitness experience.
You can help BPM Fitness maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. BPM Fitness will never share telephone numbers, email addresses, or any personal data with third parties.
BPM Fitness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
Privacy of Minors
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. BPM Fitness does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. If BPM Fitness discovers that personal information has been submitted by a minor without a signed participant/registration waiver, BPM Fitness reserves the right to delete such information.
Reservations/Charges
In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
We accept all major credit cards. Cash payments may only be made in our BPM Fitness studio. You can reserve classes online up to 1 week in advance, but not later than 1 hour prior to class time.
Your credit/debit card will be charged for your order when you submit your reservation. BPM Fitness will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 any fees, including attorneys’ fees and collection costs, that BPM Fitness may incur in its efforts to collect any unpaid balances from you.
Cancellation Policy
In order to cancel a spot reserved in a BPM Fitness class and return it to your account, you must cancel the reservation 8 hours prior to the class. Once your spot is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you do not cancel your spot by 8 hours before, your scheduled class will be charged to your series. If you are an unlimited member, a late cancellation will incur a $10 fee.
Please arrive 15 minutes before class in order to prepare for your spot. PLEASE BE AWARE THAT IF YOU DO NOT ARRIVE ON TIME, BIKES WILL BE RELEASED AT THE START OF CLASS.
FOR MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins though we cannot guarantee you will be given the spot you signed up for. Members who are more than 10 minutes late will not be admitted into class in fairness to our other customers.
FOR MEMBERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
Intellectual Property Rights
The logo and name “BPM Fitness” are proprietary to BPM Fitness 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; and all software are property of, or duly licensed to, BPM Fitness. 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 BPM Fitness, is strictly prohibited.
Data Mining
You are not authorized without the prior written permission of BPM Fitness to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
Use of this Website for Commercial Purposes
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 BPM Fitness’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 BPM Fitness products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, BPM Fitness’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 and conditions, User’s permission to use BPM Fitness’s material will automatically terminate and any copies made of BPM Fitness’s material must be immediately destroyed.
Any unauthorized use of BPM Fitness’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
Warranty Disclaimer and Limitation of Liability
In no event will BPM Fitness 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, from any errors, mistakes, inaccuracies of content, personal injury or property damage of any kind whatsoever resulting from your access to and use of the Website or App, any unauthorized access to or use of any and all personal and/or financial information stored therein, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website or App, and/or any errors or omissions of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the BPM Fitness website. This limitation of liability is intended to be interpreted as broadly as possible, including a limitation of any lost profits, business interruption, loss of programs, or other data, including any claims waived by you previously in this agreement even if BPM Fitness has been expressly advised of the possibility of such damage. All information is provided by BPM Fitness on an “as is” basis only. BPM Fitness provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
Security Cameras
For the health and safety of our customers, BPM Fitness has installed security cameras in several of the public areas at the Location. By agreeing to these terms and conditions, you grant to BPM Fitness the right, without reservation or limitation, to videotape and/or record your image on those security cameras. In addition, photographs or video is sometimes taken of classes for marketing purposes. Unless you inform our front desk personnel of your objection to this use and specifically opt out, you hereby waive all objections to our use of the photographs and video we may take for these purposes.
The Website, App, and your use hereof, is governed by the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Pennsylvania.
Policy Changes
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in BPM Fitness’s policies. The terms and conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
Acceptance of Terms
By using the Website or App, registering for classes or purchasing any services, you signify your acceptance of the terms and conditions. Your continued use of the Website or App, registering for classes or purchasing any services following the posting of changes to these terms will indicate your acceptance of those changes.
Dispute Resolution – Arbitration
YOU AND BPM FITNESS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Either BPM Fitness or you may demand that any dispute between BPM Fitness and you about or involving BPM Fitness’s services must be settled by arbitration utilizing the commercial dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia Pennsylvania, provided that the foregoing shall not prevent BPM Fitness from seeking injunctive relief in a court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. All arbitration proceedings shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. The parties shall be equally responsible for the fees and costs of the American Arbitration Association and the fees of the arbitrator. Each party shall be solely responsible for their own attorney’s fees and other legal costs.
Account Termination Policy
BPM Fitness retains the right to terminate a User’s access to our website if we determine, in our sole discretion, that a User has violated these terms and conditions, or any other policy of BPM Fitness.
