TERMS and conditions
Please read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies, and obligations. In using this website, you are deemed to have read and agreed to the following Terms and Conditions:
I. Application of These Terms and Conditions
These Terms and Conditions (“Terms”) govern your relationship with EH Capital, LLC dba Evolution House (“EH Capital,” “Evolution House,” “we,” “us,” or “our”), including without limitation, your use of the Evolution House website, www.evolution-house.com (the “Website”), your purchase of Evolution House classes, your rights to cancel your purchase of Evolution House classes, your registration for classes, your booking of bikes, your purchase of merchandise, your communication with Evolution House, and your use of and attendance at Evolution House’s studios.
II. Arbitration Agreement and Class Action Waiver
A. Informal Dispute Resolution
At Evolution House, we believe every ride and every rider matters. Our goal is to do our best to ensure that every experience with Evolution House 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 firstname.lastname@example.org. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. Arbitration Agreement
By accepting the Terms, you and Evolution House agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Evolution House initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Evolution House or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Evolution House. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, or consolidated action).
Claims may still be brought before an administrative agency but only (a) to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate, or (b) as required under the law to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, U.S. Department of Labor, and the National Labor Relations Board. Disputes that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this Policy. Private attorney general representative actions are also excluded from this Policy, and may instead be maintained in a court of law, but to the extent you seek individual remedies for yourself under any applicable private attorney general representative action statute, you must do so through arbitration and the arbitrator will decide whether you are an aggrieved person under such private attorney general statute.
If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. Definition of Dispute
Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Evolution House regarding any aspect of your relationship with Evolution House, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver. Dispute shall not include any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. How Will the Arbitration Work?
Either you or Evolution House may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
- If you or Evolution House initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
- For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879
- As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Evolution House will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
F. Where Will the Arbitration Be Held?
Arbitration proceedings will be held in general geographic vicinity of your residence. For example, if you reside in Los Angeles County, arbitration will proceed in Los Angeles County.
We collect information from you when you contact us, register with our Website, reserve classes, make a purchase, or otherwise interact with our Website. The type of information that we collect varies based on your interaction with us and may include personal identifiable information such as: your name, e-mail address, password, and phone number, and if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences, such as your bike size and settings, and your shoe size preferences.
We may use your information, including your personal information, for the following purposes:
- To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, and otherwise personalize your experience while using the Website.
- For marketing and promotional purposes. For example, as permitted by applicable law, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.
- To better understand how users access and use our Website.
- To comply with applicable legal obligations, including responding to a subpoena or court order.
- In the context of a merger or acquisition, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer.
Registration of minors (ages 12-18) must be completed in person at one of our studios with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website from a child under the age of 13, we will delete that information as quickly as reasonably possible. Evolution House does not seek or share personal information from minors through this website.
If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at one of our Evolution House locations.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate.
Evolution House reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Evolution House or send emails to us, you are communicating to 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.
IV. Use of the Website by Minors
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. Evolution House 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. Registration of a minor must be completed in person at one of our studios with a parent or guardian. Minors who meet the minimum height requirement of 4'11" and who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.
In order to make a reservation for a particular ride, you must first buy a single class, a series of classes, or an unlimited monthly membership. To buy an individual class, a series of classes, or an unlimited monthly membership online, you can either sign up online by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.
Classes are for our rides only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a bike in a particular studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another rider.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and listed on your rider receipt.
Future class prices are subject to change, but Evolution House will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim.
We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in an Evolution House studio.
Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your bike. Evolution House will not process charges 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 any fees, including attorneys' fees and collection costs, that Evolution House may incur in its efforts to collect any unpaid balances from you.
VI. Consumer’s Right to Cancellation
You may cancel your purchase of one class, a class series, or your unlimited package at any time before midnight of the fifth business day after the date of your purchase. To cancel, e-mail a signed and dated notice which states that you are canceling your purchase, and send it to email@example.com. Evolution House will refund the purchase price of your unused classes within ten (10) days after we receive your notice of cancellation.
VII. Additional Rights to Cancellation
You may also cancel your purchase of a class, a class series, or your unlimited package for any of the reasons listed below. To do so, you must give us written notice by e-mail at firstname.lastname@example.org. You may cancel your contract in any of the following circumstances:
- If you become disabled and, as a result, cannot physically participate in a class you have purchase, and your condition is verified by a doctor, Evolution House will refund you the purchase price of your unused class or classes.
- If you die, Evolution House will refund your representative the purchase price of your unused class or classes.
VIII. Cancellation Policy for Bike Reservations
In order to cancel a bike reserved in an Evolution House class, you must unreserved/cancel online NO LATER THAN twelve (12) hours prior to the scheduled class. If your bike is canceled by such time, your class will be returned to your account. If you cancel within twelve (12) hours of the scheduled class, you class will be forfeited. If you are on an auto debit contract or unlimited package and your credit card is on file, a fee of $10 will be charged to your account. If you are on an auto debit contract or unlimited package and we do not have your credit card on file, your package will be reduced by one day. If you have a confirmed bike for one class and get into another from the waitlist within the late cancel period, you will be charged for both rides.
Cancellations via electronic mail (email), Facebook, Instagram, or text message will not be taken and you will be charged accordingly.
You can cancel your reservation by logging in to your Evolution House account and next to the class you wish to cancel, pressing “unreserved.”
The late cancel fees apply to ALL packages equally regardless of unlimited status or special packaging pricing.
Please be aware that we release bikes exactly four (4) minutes prior to the start of class to those on the waitlist. If you are running late, please call the studio and speak with an Evolution House staff member to assure we hold your bike. Evolution House will add walk in wait listed clients in the order in which they were added to the waitlist by the computer system. There is no waitlist priority given for early arrival.
IX. Package Purchases and Credit Cards on File
By purchasing a package from Evolution House, you agree to our terms and conditions in full. Packages cannot be shared between clients. Unlimited and auto debit contract clients are required to keep a credit card on file. If a client holding an unlimited or auto debit package does not keep a card on file, their contract will be terminated and the package will not renew if holding an auto debit package. If a client on an unlimited or auto debit contract either cancels late or does not show to class, and no credit card is on file, the package will be reduced by one day and the auto debit contract suspended.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR wait listed. Placing yourself on a wait list with an expiring package will in fact activate your package. Evolution House staff will not adjust or extend special packages due to wait listed classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
Clients may elect to keep a credit card on file using their Evolution House account online. By placing a card on file, the cardholder and account holder gives permission to the Evolution House staff to charge the card for any auto debit packages and/or cancellation fees accrued in accordance with the Evolution House cancellation policy detailed supra.
X. Auto-Debit Contracts
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
You authorize Evolution House to, on a recurring basis, automatically charge the debit or credit card account you specified, for monthly payments due on your unlimited auto-debit plan associated with your account.
You understand that Evolution House will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Evolution House cancellation policy. Evolution House will initiate charges each month on the date your contract is set to renew.
Evolution House may discontinue processing of recurring charges if it is unable to secure funds from your debit or credit card you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information you provided. You understand that the Evolution House booking system allows for booking through the week regardless of the renewal date of my contract. You understand that if you are booked in classes past the date of renewal, and your credit or debit card fails to bill properly, you will be removed from any classes past the renewal date and notified via electronic mail. You understand that if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in wait listed classes. You also understand that it is your responsibility to keep your card on file current and your billing address and zip code accurate. Evolution House cannot be held responsible for errors in processing due to expired or inaccurate information.
XI. Waiver & Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of Evolution House and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, 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.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Evolution House staff, you would be at physical risk using Evolution House's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Evolution House with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Evolution House's concerns and stating that Evolution House's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, 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 the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Evolution House, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Evolution House'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 Evolution House's Classes and Facilities, and should not be participating in any Classes.
XII. Links/Third Party Websites
Evolution House has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website may contain the Evolution House logo, please understand that it is independent from Evolution House, and that Evolution House has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Evolution House.
XIII. Intellectual Property Rights
“Evolution House,” its logo” and other graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of Evolution House and 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 of Evolution House are strictly prohibited.
You acknowledge that Evolution House and/or third party content providers remain the owners of all Website 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. Evolution House may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
XIV. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of Evolution House 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 or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website 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.
XV. Warranty Disclaimer and Limitation of Liability
In no event will Evolution House be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of Evolution House classes, your rights to cancel your purchase of Evolution House classes, your registration for classes, your booking of bikes, your purchase of merchandise, your communication with Evolution House, and your use of and attendance at Evolution House’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 Evolution House expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Evolution House on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Evolution House provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XVI. Choice of Law
The Terms are governed by the laws of the State of California, without regard to California’s choice of law provisions. Except as provided above as to those Disputes you or Evolution House submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
XVII. Acceptance of Terms
By using the Website, purchasing an Evolution House class, registering for an Evolution House class, booking a bike, purchasing merchandise, and/or using or attending an Evolution House class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing an Evolution House class, registering for an Evolution House class, booking a bike, purchasing merchandise, and/or using or attending an Evolution House class.
Occasional changes may be made to this document to reflect changes in Evolution House's policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying Evolution House classes, registering for classes, booking bikes, buying merchandise, and/or using and attending Evolution House's studios, you agree to be bound by any such revisions. Riders are encouraged to check this document periodically to stay informed of current guidelines.
XVIII. Express Intent To Transact Via Electronic Means
You hereby expressly acknowledge that all transactions between you and Evolution House are conducted by electronic means, and further expressly acknowledge and agree to be bound by the entirety of Evolution House's Terms and Conditions. You further agree and attest to your intention that your transactions with Evolution House are conducted by electronic means in conformity with California's Uniform Electronic Transactions Act ("UETA"), California Civil Code Sections 1633.1-1633.17.