Date: Jun 11, 2025

IMPORTANT NOTICE FOR MEMBERS: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED BELOW.

Welcome to Fuel Cycling, an indoor cycling and strength training lifestyle, featuring heart pumping cardio, muscle-sculpting strength, and rhythm-based choreography. By choosing to participate in and/or attend Fuel Cycling classes, events, activities, and other programs (the “Activities”); by using Fuel Cycling’s premises, including the parking lot, facilities and equipment (individually and/or collectively, the “Classes and Facilities”), you hereby acknowledge that Fuel Cycling is willing to allow you, or your minor child, use of and access to the Classes and Facilities to participate in the Activities, but only in consideration for my agreement to the terms herein, in addition to any other conditions which may be imposed by Fuel Cycling.

This Terms of Service is an agreement between you and Fuel Cycling (“us”, “we”, or “our”). Together with our Fuel Cycling’s Privacy Policy, this Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.fuelcyclingmonterey.com (the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”).

By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.

CHANGES TO THIS AGREEMENT

If you do not agree to any of this Agreement or any changes to this Agreement, discontinue any use of the Site immediately and do not use, access, or continue to access the Site. Your failure to cease use of the Services after receiving notification of the modification to this Agreement will constitute your acceptance of modified terms.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. Fuel Cycling will not sell anyone’s personal information as stated in our Privacy Policy. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.

In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge that we may use user account information for the purposes of Services rendered at Fuel Cycling.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:

1. For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
2. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

1. Use the Services for any commercial purpose;
2. Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
3. Use any robot, spider or another automated device, process, or means to access the Service for any purpose;
4. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
5. Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
6. Otherwise, attempt to interfere with the proper working of the Service.

STUDIO POLICIES, RULES, AND REGULATIONS

CANCELLATIONS: YOU MUST CANCEL CLASS 6 HOURS IN ADVANCE TO AVOID A MONETARY FEE/LOSS OF A CREDIT.

You may cancel class through our online system or by calling Fuel Cycling directly. If you are an unlimited member and a late cancel occurs, you will be charged a late cancel fee of $15.00. If you fail to show up, you will be charged a “no show” fee of $25. A credit member will be subject to loss of their credit for either a late cancellation or no show.

RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED RIDER.

Membership & Class Commitment Cancellation

1. 4 PACK MEMBER (4 Classes/Month): The initial term of this agreement is for three (3) months following receipt of purchase and is ongoing as long as the membership remains active in your account. This membership type is auto-recurring and will renew automatically on the date of purchase thereafter every month. By agreeing, you understand it is your responsibility to notify your studio, or managerfuelcycling@gmail.com, to cancel your membership by providing a 10-day written notice prior to your next bill invoice. You also understand that if payment has already been drafted within that 10 day period prior to your renewal date, you will not be refunded the cost of the renewal and your membership will be canceled prior to the next renewal date.
2. UNLIMITED RIDES / MONTH: The initial term of this agreement is for one (1) month, or 30 days, following receipt of purchase and is ongoing as long as the membership remains active in your account. This membership type is auto-recurring and will renew automatically on the date of purchase thereafter every month. By agreeing, you understand it is your responsibility to notify your studio, or managerfuelcycling@gmail.com, to cancel your membership by providing a 10-day written notice prior to your next bill invoice. You also understand that if payment has already been drafted within that 10 day period prior to your renewal date, you will not be refunded the cost of the renewal and your membership will be canceled prior to the next renewal date.
   • At times, Fuel Cycling may offer promotional, sale, and discounted membership and packages that may vary from the initial minimum commitment lengths. Those stipulations will be made clear when purchasing memberships and packages and will be strictly adhered to.
3. CANCELLATION OF CLASSES 一 where you late cancel or no show a class, a fee of $15 or $25 will apply (or loss of a credit if you are a credit member with us). If a freeze takes place at any time on your current active membership, you understand that you are responsible for any fees or payments owed at the time of reactivation.

USE OF LIKENESS: You hereby grant Fuel Cycling permission to use your or your child’s likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration during your participation in the Activities at the Facilities.

PERSONAL BELONGINGS: You acknowledge that you have been encouraged to avoid bringing valuables into the Facilities and that Fuel Cycling shall not be liable for the loss of, theft of, or damage to your’s or your child’s personal property, including items left anywhere in the Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.

REFUND POLICY

As applicable, classes and membership packages are non-refundable. No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plead with you to be modest in your initial membership and or class purchases.

Fuel Cycling may accept purchased items for exchange or account credit only. Any exchanged item must be returned in its original, unaltered condition, and all tags need to be intact, within 7 days of purchase.

No returns will be accepted on DISCOUNTED or FINAL SALE items.

Fuel Cycling reserves the right to deny a refund on any item purchased at the studio.

TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, by referring to the membership agreement you signed, and contacting Fuel Cycling directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

FEES

You acknowledge that Fuel Cycling charges fees for its services, and subject to the applicable law, Fuel Cycling reserves the right to change its fees from time to time at its discretion.

INTELLECTUAL PROPERTY RIGHTS

The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Fuel Cycling, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by you to Company are non-confidential and shall become the sole property of Fuel Cycling.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited, and without restriction, and Fuel Cycling does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Fuel Cycling the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Fuel Cycling does not waive any rights to use similar or related feedback or ideas known to Fuel Cycling, developed by Fuel Cycling employees, or obtained from other sources.

ENTIRE AGREEMENT & NO WAIVER

The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Site or mobile app(s), shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

SERVICE INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS

Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution – We are available by email at hello@fuelcyclingstudio.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Exception – Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt-Out – You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at hello@fuelcyclingstudio.com and providing the following information: (i) your name, (ii) your Fuel Cycling account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with Fuel Cycling through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation – To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in Monterey County, California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to the Terms of Service or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws without giving effect to any principles of conflicts of law.

INDEMNIFICATION

You agree to release, indemnify, and defend FUEL CYCLING, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Fuel Cycling Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE FUEL CYCLING ENTITIES TO YOU

ASSUMPTION OF RISK, WAIVER, AND RELEASE

DISCLAIMER: You should always consult with your physician before beginning any type of exercise or physical activity.

To the best of your knowledge, you, or your child, am/are in good physical condition and don’t suffer from any known disability or condition which would prevent or limit your, or your child’s, participation in the Activities. You understand that there are risks associated with the Activities. Specifically, you understand that the Activities may be strenuous and that there could be dangers inherent to the Activities, including bodily injury and even death to me or my child due to things like sprains, strains, trips and falls, injury from equipment use or failure, overheating, cardiac arrest, and other dangers that are both foreseeable and unforeseeable.

YOU ACKNOWLEDGE THAT THE ACTIVITIES INVOLVE THESE RISKS OF BODILY INJURY AND DEATH, AND YOU ARE WILLING TO, AND HEREBY DO, EXPRESSLY AND VOLUNTARILY ASSUME ALL SUCH RISKS FOR YOURSELF AND YOUR MINOR CHILD.

YOU ACKNOWLEDGE THAT YOU WILL BE HELD LIABLE FOR DAMAGES TO FUEL CYCLING EQUIPMENT, PREMISES, OR PROPERTY IF DAMAGE IS CAUSED BY NEGLIGENCE, OR DELIBERATE MISUSE BY CLIENT.

For yourself and your minor child, you hereby release Fuel Cycling and its owners, employees, and agents, from and against any claims (specifically including claims for personal injury, property loss or damages, and wrongful death), demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including, without limitation, interest, penalties, and reasonable attorneys’ fees and costs (the “Claims”) that Fuel Cycling may incur or suffer that arise or result from or are related to the Activities, the Classes and Facilities, advice given by a Fuel Cycling instructor, or this Release Agreement, regardless of whether the same shall arise by the negligence of Fuel Cycling. You acknowledge that Fuel Cycling would not agree or allow participation in the Activities, use or access to the Classes and Facilities, or use of a Fuel Cycling instructor without this Release Agreement.

SEVERABILITY AND WAIVER

A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Fuel Cycling is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.

CONTACTING US

If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: hello@fuelcyclingstudio.com.