Revel Durham TERMS OF SERVICE

Last Updated: 10/12/2024

All customers and visitors to www.reveldurham.com (the “Website” or “Revel”) are subject to the Terms & Conditions as expressed below. These terms and conditions include Revel’s Privacy Policy.

Please review these Terms, and all other policies and rules published by Revel BEFORE you begin using our website, facilities, or services because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Revel. By using our website, facilities, or services you accept and agree to be bound and abide by these Terms and our Other Policies, each of which are incorporated herein by reference. Any new features, classes, services, or tools shall also be subject to these Terms. If you do not agree to these Terms, including our Privacy Policy, or our Other Policies you are not allowed to, and you must not, use our website, facilities, or services.

The Website is meant to support Revel Durham, an in-person cycling studio. These Terms of Service are meant to support and enhance your in-person experience as well as your digital experience in relation to Revel Durham. We reserve the right to require your acceptance of these Terms of Service prior to use of the Website and/or our facilities.

Revised Terms and Conditions

We may update the Website (including its content, materials, and features) from time to time. Please be advised that any content contained on the Website may not necessarily be complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may revise and update these Terms from time to time in our sole discretion. All changes become effective immediately when we post them and upon your continued use of the Website. If you no longer agree to these Terms or the Privacy Policy, you must discontinue using the Website.

General

INFORMED CONSENT FOR EXERCISE PARTICIPATION

By purchasing a Membership or otherwise attending classes, events, activities, and other programs and by using the premises, facilities, and equipment of Revel, I hereby acknowledge, on my own behalf or that of my child, that there are inherent risks and dangers in cycling and exercise in general. I acknowledge that some of these risks cannot be eliminated regardless of the care taken by Revel and its employees and agents. I know that it is my responsibility to ensure my own safety or that of my child. I take full responsibility for my own health and safety, or that of my child, in participating in the fitness class and I will consult a physician before participating in any activity at Revel for my own benefit or that of my child. I agree to pay all reasonable costs related to the classes, including any medical costs I or my child incur. I affirm that I have read, accept, and understand this section in its entirety and that I understand the nature of the exercise I or my child will perform at Revel.

I understand that I am responsible for monitoring my own condition and that my child is responsible for monitoring his or her own condition throughout the workouts and should any unusual symptoms occur, I or my child will immediately cease participation and inform the staff of the symptoms. I certify that 1. I or my child do not have a medical or physical condition that would prevent us from properly participating in any of Revel’s classes or using its facilities 2. I or my child do not have a physical or mental condition that would put me, my child, or others in any physical or medical danger if I or my child exercise or participate in a Revel class, and 3. I and my child have not been instructed by a physician not to participate in any type of physical exercise.

I or my child will only use equipment that we are comfortable with and which we fully know how to use. At all times, I or my child shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by the staff. I and my child also agree to use my best judgment and to take responsibility for our own safety and that of other people around us.

NOTICE & CONSENT: LEGAL NOTICE

Age Restrictions

Revel is for riders who are 13 years of age or older. Any registration by anyone under 13 is in violation of these Terms of Use. Any registration by anyone under 18 must be approved and monitored by a parent or legal guardian. The use of the Website by anyone under the age of 18 who does not have the approval of a parent or legal guardian is in violation of these Terms of Use.

Use and Access Restrictions

We reserve the right to refuse the use of, or access to, Revel to anyone, for any reason, and at any time. From time to time, we may restrict access Revel, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use Revel with or without cause at any time, and may prevent your future use of Revel. You may terminate this Agreement by simply discontinuing use of Revel.

Use of the Website and Copyright

Revel maintains the Website for the convenience of and communication with existing and prospective customers, and for their education and information. Please feel free to browse the Site. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio and video without Revel’s written permission in each instance.

Intellectual Property

Unless otherwise noted, product and service names, designs, logos, titles, text, images, audio and video within this Website are the trademarks, service marks, trade names, copyrights or other intellectual property of Revel. All other unregistered and registered trademarks or service marks are the property of their respective owners. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Revel intellectual property displayed within this Website without Revel’s written permission in each instance.

You consent and authorize Revel to copyright, use and publish any image in any format taken of you or your child while participating in an activity run by Revel. You understand these images may be used for a variety of purposes and may appear on the Website, social media, promotional materials, or any other media now known or to be invented. Since anyone can download an image from the Internet or make copies from printed materials, you agree that Revel is not responsible for unauthorized use of the images. You are aware that you and your child are not entitled to any compensation and that the images may appear with or without your name, and that these images are the intellectual property of Revel.

Communications with this Website

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Revel will fully cooperate with any law enforcement authorities or court order requesting or directing Revel to disclose the identity of or help identify or locate anyone posting any such information or materials.

Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Revel, may or may not be posted to this Website at the sole discretion of Revel, and may be used by Revel for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, Revel is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Pricing Billing and Fees

Reservations/Changes

Membership & Class Package prices are subject to change. We accept Mastercard, Visa, and American Express. If you cannot attend a class that you booked, you must ‘unreserve’ your bike, otherwise subject to late cancellation or no show fees. If you do not show up for your scheduled class, you will be charged a “no show” fee. These fees are subject to change from time to time and for various membership types. Please refer to the Purchase Agreement, which is signed upon purchase of class credits, for specific details about late cancellation windows, late cancellation fees, and no show fees that apply to your membership or package type. Your continued use of the Website and the Revel facilities constitutes your acknowledgement and consent to any modified terms including these fees.

Your credit/debit card will be charged for your order when you submit your reservation. Revel 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 Revel may incur in its efforts to collect any unpaid balances from you. Revel may sell or otherwise transfer its right of collection to a collection agency or other entity in the event of nonpayment on your part.

Refund Policy

‍All classes and membership packages are non-refundable. No exceptions. You can transfer individual class credits from to a friend if you don’t want to use them.

‍Retail Refunds

Retail items are not eligible for cash returns. Merchandise may be exchanged for studio credit within 14 days of purchase date. To qualify for exchange, items must be unworn, unaltered, and unwashed with all tags attached and returned in their original packaging.

No Warranties; Limitation of Liability

Disclaimers of Liability

IN NO EVENT REVEL ALERT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.

REVEL SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF REVEL, WHETHER ARISING FROM A TRANSACTION OR OTHERWISE; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), OR YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, REVEL SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO REVEL, INABILITY TO ACCESS REVEL, ABILITY TO USE REVEL, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF REVEL..

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

REVEL’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO REVEL IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, REVEL’S MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER’S TOTAL FEES TO REVEL FOR THE 12 MONTHS PRIOR TO THE CLAIM; OR $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification by You

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS REVEL (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY REVEL THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF REVEL, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER’S ACTIONS OR OMISSIONS, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF REVEL, (8) YOUR VIOLATION OF ANY LAW, OR (9) YOUR VIOLATION OF ANY OTHER USER’S OR THIRD PARTY’S RIGHTS.

AS STATED THROUGHOUT, REVEL SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION OR USE OF REVEL.

Force Majeure

REVEL SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE.

Governing Law and Jurisdiction

Any claim relating to Revel shall be governed by the laws of the State of North Carolina, without regard to any conflict of law provision. Any litigation against Revel may be commenced only in the federal or state courts located in Raleigh, Wake County, North Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Enforceability

Even if Revel does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.

Entire Agreement & Severability

These Terms and our Privacy Policy and Other Policies constitute the sole and entire agreement between you and Revel and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Revel. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.

Unaffiliated Products, Services, and Sites

Descriptions of, or references to, products, services, publications or sites not owned or offered by Revel do not imply endorsement of that product, service, publication or site. Revel has not reviewed material linked to this Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

REVEL

info@reveldurham.com

Terms & Conditions