TERMS AND CONDITIONS
All customers and visitors to surgecycling.com (the “Website”) are subject to AJAT Fitness, LLC’s (“Surge Cycling’s”) Terms and Conditions as expressed below.
We reserve the right to suspend or terminate your Surge Cycling account and/or class packages at any time for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), or for conduct we determine to be improper or contrary to our best interests.
Surge Cycling’s Terms and Conditions were developed to ensure that our customers are using our facilities and services with due regard to their rights and the rights of other users, and in conformity with Surge Cycling’s standard and current procedures, rules, regulations and requirements. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website and its reservation system.
RESERVATIONS/CHANGES
In order to make a reservation, you must first own a series (group of classes) or a single class. To buy a series, you can either sign up here for a username and password and purchase a series online, or if you already have a username and password click login, to buy a series and make your reservation. Family members and friends must have separate Surge accounts and there is no sharing of class credits between family members or friends.
You should be aware that series expire, and class and future series prices are subject to change. We accept Mastercard, Visa and American Express. Click for online reservations. Deadlines apply regardless of available functionality. Early termination fee applies if a membership is canceled before the full contract has been completed. If you cancel the Surge Cycling 6-month or 12-month auto-payment series, you must pay 50% of the remaining months in your contract.
The Surge Cycling VIP membership series is paid in full as a one-time payment without refunds.
Your credit/debit card will be charged for your order when you submit your reservation. Surge Cycling 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 Surge Cycling may incur in its efforts to collect any unpaid balances from you.
PERSONAL BELONGINGS
Surge Cycling is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes or using the facilities for any purpose, you agree to these terms.
PERSONAL DATA/COMMUNICATIONS
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input at the checkout and billing. We reveal only the last four digits of your credit card numbers when confirming an order if you’ve chosen to save your credit card information.
It is important for you to protect against unauthorized access to your password and to your computer. 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 responsibility for all activities that occur under your account or password. Be sure to sign off when finished using a shared computer.
MUSIC LICENSE AGREEMENT
Surge Cycling has obtained valid licenses from both ASCAP and BMI.
Recorded music that is played via audio-only and/or audio-visual devices located in publicly accessible areas of Surge Cycling regular business hours in an ambient or background manner (“Ambient Uses”) licensed by either ASCAP or BMI.
Recorded music, including through the use of a DJ, used in connection with fitness instruction classes led by an individual located Surge Cycling (“Group Classes”) licensed by either ASCAP or BMI.
Surge Cycling and their fitness instructors are not permitted to utilize music owned by SESAC or any other source for which Surge Cycling is not licensed.
CANCELLATION AND PURCHASE/RETURN POLICY
To avoid a late cancellation fee, you can cancel your reservation 6 hours before all classes. If you cancel outside these windows, you'll lose your class credit and get charged a $12 late cancellation fee. Late cancellations are only handled online through our Surge Cycling booking platform. Calling, texting, emailing, any form of social media DMing, tweeting, skywriting, or smoke signaling will not be accepted. (Sorry.) All no-shows will lose a class credit and get charged a $20 no-show fee.
FOR RIDERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
WHAT IS THE WAITLIST AND HOW DOES IT WORK?
If you add yourself to the waitlist, you are solely responsible for managing your bookings and for cancelling your reservation within the bounds of the cancellation policy. Please be aware that the system will automatically add you into a class from the waitlist up to 3 hours before the class start time, so if you will not be able to attend, you must remove yourself from the waitlist.
Surge Cycling staff will release all open bikes one minute prior to the start of class to those on the standby list. Staff will add standby clients in the order in which they arrive at the studio.
Morning class waitlist - All morning classes must be cancelled 6 hours before, so if you're added to a class from the waitlist at the last minute, be aware the cancellation window still applies. The waitlist closes 45 minutes prior to that class start time. If you no longer want a spot in the class, you need to remove yourself from the waitlist 12 hours in advance of the class. If you're added to the class and fail to remove yourself in time, you'll lose the class credit. To check your waitlist status, head into your Surge Cycling app.
CLASS SERIES RETURNS: All class series are final, no refunds for cash or credit will be provided after the purchase of a series. If you choose not to continue your Surge Cycling series, you are not eligible for a refund. If you feel you will not be able to complete a package, you may want to choose one of the smaller packages.
MERCHANDISE RETURNS: All merchandise sales are final. Refunds for merchandise will only be provided in the form of a store credit or exchange in the case of a fault. No refunds for cash.
All prices and packages are subject to change anytime without notice.
WAIVER AND RELEASE - STUDIO LIABILITY RELEASE
WAIVER AND RELEASE
By signing up for and/or attending Surge Cycling classes (collectively known as AJAT Fitness, LLC), activities and other programs, and using Surge Cycling’s premises, facilities and equipment (collectively, “classes and facilities”), you hereby agree that there are certain inherent risks and dangers associated with indoor cycling and intense cardio exercise. In consideration of being allowed to participate in and access the classes and facilities provided by Surge Cycling, 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 sustained or aggravated by you in relation to the classes and facilities; (2) I, for myself, my heirs and assigns waive, release and forever discharge Surge Cycling, its officers, agents, members, employees, representatives and all others 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 of facilities and classes; and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Surge Cycling’s classes and facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Surge Cycling hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Surge Cycling’s classes and facilities, and are advised against doing so. In addition, if the opinion of Surge Cycling’s staff is that you would be at physical risk using Surge Cycling’s classes and facilities, you will be denied access to Surge Cycling and its classes and facilities until you furnish Surge Cycling with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Surge Cycling’s concerns, and stating that Surge Cycling’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities of Surge Cycling. No one under 18 is allowed without consent of a parent or guardian. Surge Cycling reserves the right to refuse service at its discretion. Surge Cycling reserves the right to use any content recorded in the studio for promotional purposes.
WAIVER AND RELEASE (under 18)
In consideration of being allowed to enter into the area and/or to participate in any part, event and/or all other programs at Surge Cycling, the parent/legal guardian, on behalf of the participant creating a Surge Cycling account and signing up for classes, acknowledge, appreciates and agrees to the following conditions: I represent that I am the parent or legal guardian of said participant, or I have obtained permission from the parent/legal guardian of said participant to execute this agreement on their behalf. I agree that said participant and I shall comply with all stated and customary terms, posted safety signs, rules and verbal instructions as conditions for participation in any party and/or event and/or all other programs at Surge Cycling. In addition, if I observe any hazard during our participation, I will bring it to the attention of the nearest Surge Cycling employee or official immediately. I take full responsibility for any and all damages to the facility and any of its content arising from the refusal to follow all stated and customary terms, posted safety signs, rules and verbal instructions, including deliberate acts of damage and/or destruction by the participant and activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. Surge Cycling has facilities for and provides for various educational, sports activities and other assorted kids games and classes. The specific risks vary from one activity to another, but they 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; (3) catastrophic injuries, including paralysis and death. I, for myself and the participant named above, and our respective heirs, assigns, administrators, personal representatives and next of kin, hereby release and hold harmless AJAT Fitness, LLC and its affiliates, directors, officers, members, agents and employees (collectively “Surge Cycling”), other participants and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to participation in any and all Surge Cycling programs, activities, parties, whether occurring in the studio or other areas of the facility. Specifically, I agree to release Surge Cycling from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to participation in any and all Surge Cycling activities, parties, whether occurring in the studio or other areas of the facility. I have read this waiver of liability, assumption of risk and indemnity agreement. I fully understand its terms and understand that I am giving up substantial rights, including my right to sue. By checking the box in the Surge Cycling mobile app, I acknowledge that I am signing this waiter freely and voluntarily and intend by my actions to be a complete and unconditional release of all liability to the greatest extent of the law. The term of this water is indefinite, unless withdrawn by the parent/guardian of a minor under 18. Surge Cycling reserves the right to use any content recorded in the studio for promotional purposes.
Surge Cycling makes no representations whatsoever about any other website which you may access through this one. When you access a non-Surge Cycling website, even one that may contain the Surge Cycling logo, please understand that it is independent from Surge Cycling, and that Surge Cycling has no control over the content on that website. In addition, a link to a non-Surge Cycling website does not mean that Surge Cycling endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.