Terms & Conditions
This Agreement applies to anyone who purchases or uses any type of package or membership from FUZEIC LLC, doing business as RIDE ELEMENT (“RIDE ELEMENT”.) Please read these terms and conditions carefully. The terms and conditions of this Agreement are subject to change at any time without prior written notice to you. Any changes will be incorporated into the terms and conditions posted to RIDE ELEMENT’s website.
Services and Hours of Operation
RIDE ELEMENT offers indoor cycling and fitness services through the offering of group classes at various times throughout the day. Please refer to RIDE ELEMENT’s website at www.therideelement.com or see any RIDE ELEMENT representative to receive a complete listing of all services and amenities available at the RIDE ELEMENT Studio. RIDE ELEMENT reserves the right to make changes to the facilities and amenities at any of its studios, including, but not limited to, the type or quantity of classes, equipment or services at its facilities. The services of the RIDE ELEMENT studio to be provided under this Agreement will be provided no later than six months after an Agreement is signed.
Each RIDE ELEMENT studio provides services during the following hours, which are subject to change: 5AM to 8PM, Monday – Friday and 7AM to 12PM Saturday – Sunday. RIDE ELEMENT is open seven days a week, with the exception of federal holidays. RIDE ELEMENT reserves the right to increase or decrease the number of hours and/or days the studio is open and providing services to its members. Please refer to RIDE ELEMENT’s website at www.therideelement.com or see any RIDE ELEMENT representative to receive a complete list of expanded operational hours (if any) and/or changes to the standard hours, including any closures on holidays.
By signing this Agreement, you authorize RIDE ELEMENT to electronically deduct monthly dues, fees and charges (if any), for any and all balances due monthly, which may vary from month-to-month, from your account on the 1st of each month. Such deductions will continue until your membership is terminated or cancelled. Remaining dues, fees, and charges owed by you in connection with your membership throughout the effective date of termination or cancellation may also be deducted. You agree to you advise RIDE ELEMENT in writing, at least 5 days before a payment is owed or scheduled, to discontinue automatic payments.
You further acknowledge and agree to the following:
You are financially responsible to pay any amounts owed in connection with your membership.
In the event your credit card is declined due to a change in expiration date you authorize RIDE ELEMENT and its payment processors to re-process your payment using an expiration date updater program. This re-processing may occur on any date within the month.
Expiration or cancellation of your credit card, or other means of automatic payment, does not cancel your membership.
If you fail to pay any dues or balances for thirty days past their due date(s), your membership may be suspended by RIDE ELEMENT. If you then make all required payments, your membership may be reinstated by RIDE ELEMENT.
If you default on any financial or monetary obligation of this Agreement, RIDE ELEMENT will be entitled to all cost of collection, including reasonable attorneys’ fees. If any defaults remain outstanding for more than 60 days, RIDE ELEMENT may turn your account over to a collection agency or take other action to collect any unpaid amounts.
Payments in Excess of Certain Amounts
If this Agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive of initiation fees or initial membership fees, then you shall have the right to cancel this Agreement within 20 days after this Agreement is executed.
If this Agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive of initiation fees or initial membership fees, then you shall have the right to cancel this Agreement within 30 days after this Agreement is executed.
If this Agreement requires payment of two thousand five hundred one dollars ($2,501) or more, inclusive of initiation fees or initial membership fees, then you shall have the right to cancel this Agreement within 45 days after this Agreement is executed.
If not used, and a shorter expiration is not clearly specified, classes expire six months after the date purchased.
NOTE: SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF CLASSES OR MEMBERSHIP IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY RISK LOSS OF YOUR PAYMENTS IN THE EVENT THAT RIDE ELEMENT CEASES TO OPERATE. RIDE ELEMENT IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY MORE THAN 1 MONTH IN ADVANCE.
Cancellation of Membership due to Death or Disability
If, by reason of death or disability, you are unable to receive all services to be provided by this Agreement, then you and your estate, as applicable, shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability. If you have prepaid any sum for services that you have not taken at the time of death or disability, the appropriate pro-rated amount shall be promptly refunded to you or your representative, as applicable.
For purposes of this Agreement, “disability” means a condition that prevents you from physically using the RIDE ELEMENT facilities and services. Such conditions must be verified by a physician.
If you have purchased or contracted for a RIDE ELEMENT monthly or annual membership and you are medically unable to use your membership, you may request to freeze (pause) your membership for up to six months. During the duration of any freeze, regular fees will not be charged or accrued. You will be required to provide to RIDE ELEMENT a physician’s confirmation in writing, describing your inability to physically use RIDE ELEMENT’s facilities and services. There will be no cost for medically-related freezes.
If you are medically able to use your membership, but wish to freeze it for other reasons, you may request to freeze your membership for up to three months. Reasonable freeze fees may apply for non-medical freezes, depending on the length of time requested. Such fees are not to exceed 50% of the value of the services frozen.
Class Cancellation Policy
To prevent being charged for a missed class, a 6 hour cancellation notice is required.
“No shows” will forfeit one class credit.
If you hold a monthly membership, you will be charged $15. We understand that life happens, so please call the studio at 954-280-RIDE to discuss emergencies and unusual circumstances.
Members may cancel a reservation on RIDE ELEMENT’s website or by telephone to the RIDE ELEMENT Studio.
You must cancel a class (online or over the phone) at least 6 hours before the scheduled class start time in order to avoid penalty.
Classes that are not cancelled in time will be charged to you or removed from your account as if you had participated in the class.
Late cancels (less than 12 hours prior to class start time) will forfeit one class credit. If you hold a monthly membership, you will be charged $15. We are here for you: please call the studio at 954-280-RIDE to discuss any last minute considerations.
Good things come to those that wait. The RIDE ELEMENT waitlist is active from the time a class is filled until 12 hours before the class to give you advance notice. When joining a waitlist, the class will be deducted from your account, in the expectation that you will eventually join the class. You must have availability to sign up for a class to join the waitlist.
Up to and including 12 hours prior to the class, if you are the highest priority on the waitlist, you will be added to the class automatically. RIDE ELEMENT will make a best effort to utilize various automated communication methods to proactively inform you. However, the action of joining the waitlist means that it is your expectation to attend the class if space becomes available, and that you will conform your status to avoid penalties.
From 12 hours prior to the class up to the start time of the class, you will not be automatically added to the class. If a bike becomes available within less than 12 hours before the class, we will contact you by telephone or any available digital method (e.g. email, text message). If we are unable to get gain a confirmation from you, we will move on to the next priority person on the list.
If a bike does not become available before the start of a class, the class will be returned to your account to be used for a future ride. You can also call before class to check your status. If you are on the waitlist and make other plans and do not plan to attend class, please remove yourself from the wait list to avoid penalty.
All membership and package purchase sales are final. If you choose not to continue with your membership or package, you will not be eligible for a refund. All merchandise sales in the Studio are also final, but may be eligible for an exchange or store credit, based on the condition of the merchandise.
Loss of Property
Members are urged to not bring valuables into the Studio and to keep valuables with them at all times. The Studio shall not be liable for the disappearance, loss, damage to or loss of any Member’s personal property.
The provision of lockers by RIDE ELEMENT does not create an expectation of security, and does not create obligation or responsibility on behalf of RIDE ELEMENT to users of such lockers.
Additional Consumer Protection Clauses
RIDE ELEMENT is a customer-centric studio, and as such are willing to support and work with our customers whenever possible and allowed by law. Our goal is to ensure the best experience, not lock customers into long term contracts they cannot use. As such, we adhere to all consumer protection available under the Florida Department of Agriculture and Consumer Services. The following are examples that we adhere to, ensuring a positive partnership with each customer.
RIDE element has the following package expiry dates. Package durations will be clearly listed on the www.therideelement.com website. All expirations are from the date of first class use. These expirations may be subject to change in the future, but will not be retroactively applied to packages already purchased.
- 2 Class Intro Pack – 14 day expiration
- 5 Class Pack – 45 day expiration
- 10 Class Pack – 90 day expiration
- 25 Class Pack – 6 month expiration
RIDE ELEMENT provides for the penalty free cancellation of the contract with 30 business days with the delivery of written notice to RIDE ELEMENT via e-mail to firstname.lastname@example.org.
The business location of a health studio may not be deemed out of business when temporarily closed for repair or renovation of the premises. This will be no more than 14 consecutive days upon sale, or for no more than 7 consecutive days for other reasons during continued ownership. Not more than 2 periods of 7 consecutive days are allowed in any calendar year under this provision.
RIDE ELEMENT warrants that notice of intent to cancel by the buyer shall be given to RIDE ELEMENT, and this notice of cancellation terminates any obligation on the part of the consumer or customer to any other entity that RIDE ELEMENT has assigned the consumer’s contract.
The contract provides that if the Florida Department of Agriculture and Consumer Services determines that a refund is due the buyer, the refund shall be a prorated amount. For example, dividing the contract or package price by the number of classes or number of weeks in the contract term, and multiplying by the remaining classes or weeks in the contract term.
Should RIDE ELEMENT cease business operations, in addition to provisions above, consumers are also advised to contact the Florida Department of Agriculture and Consumer Services. Department contact information is www.800helpfla.com or (800) HELP-FLA, (800) 435-7352. From outside Florida, the telephone number is (850) 410-3800.