Welcome to Pedal House (hereinafter “Pedal House”) owned and operated by Rhythm Ryde Holdings, Inc. These Terms and Conditions for Classes and Memberships (hereinafter "Terms and Conditions") are intended to supplement Pedal House's Terms of Service for Website and App ( hereinafter "Terms of Service") and, together with the Terms of Service, constitute a binding, contractual agreement between you and Pedal House  ( "we" or "us") regarding your purchase or use of any Pedal House membership or any Pedal House class credits, class packages or other services.

With respect to my participation in classes, activities, events, and other programs provided, managed or offered by Pedal House  or its contractors, including indoor cycling classes, and boxing boot camp classes, and my use of premises, facilities and equipment operated, leased or owned by Pedal House  (“Classes and Activities”), I understand that there are various risks inherent in my participation and use, including but not limited scratches, transient dizziness, fainting, nausea, muscle cramping, sprains and strains, heart attack, stroke or death. I shall comply with all safety instructions, facility rules and verbal instructions given to me by staff. I have no medical, mental or physical condition that could cause increased risk of injury or adverse health consequences as a result of my participation and use in the Classes and Activities. I hereby assume all risk of my participation, and use in the Classes and Activities, and, further agree to forever release, indemnify and hold harmless Pedal House , each of their affiliates, and each of their respective directors, officers, employees, agents, contractors, and sponsors from any, and all claims, suits, losses, or related causes of action for damages, including but not limited to, such claims, that may result from any injury, illness or death, accidental or otherwise, during, or arising in any way from my participation, and use in the Classes and Activities. This Waiver and Release of Liability shall be binding upon my heirs, spouse, next of kin, executor, administers and assigns.

ASSUMPTION OF RISK, WAIVER, AND RELEASE

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Pedal House is providing services (individually and/or collectively, the “Classes and Facilities”) of Pedal House  and its subsidiaries (collectively, “Pedal House”), I hereby acknowledge on behalf of myself, my 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 Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I 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. I have read, and thoroughly understand the Pedal House Bike Safety Instructions that are posted on Pedal House’s website (www.punch-pedal.com), a hard copy of which was also provided to me by Pedal House staff. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Pedal House staff, I would be at physical risk participating in Pedal House’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Pedal House with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Pedal House’s concerns and stating that Pedal House’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage, which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Pedal 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 I (a) have no medical or physical condition that would prevent me from properly using any of Pedal House’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Pedal House’s Classes and Facilities and should not be participating in any Classes. I have read this Assumption of Risk, Waiver, and Release Agreement (Minor-Under 18), fully understand its terms, and understand that I am giving up substantial rights including my right to sue Pedal House under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.

VALUABLES AND PERSONAL PROPERTY

I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Pedal House shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

MEMBERSHIP

Pedal House offers various memberships for unlimited Pedal House operates ("Memberships"). Specific details for each of the Memberships, including the commitment period, can be found on the Pedal House Website and Pedal House App and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at Pedal House's sole discretion, without a refund.

If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request.

If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member's next billing date.

Some Membership changes, such as change to the membership type, will cause the commitment period to restart.

MEMBERSHIP CANCELLATION

Subject to the specific requirements of each state as described herein, Members may cancel their Memberships, after the required commitment has been met of one month, by providing written notice to hello@punch-pedal.com or by notifying us through the "Contact Us" form on the Pedal House Website. After providing such notice, Member will be charged one additional time of (1) month as a cancellation fee. Members who wish to cancel their Membership should notify Pedal House prior to the next month’s billing cycle to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.

CLASSES AND PACKAGES

Pedal House offers various packages for Pedal House, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each Pedal House class purchased in the package. "Credit" refers to any credit to take a Pedal House class, whether purchased or complimentary. All Participants and Members must create a Pedal House account ("Account") before taking a class. Please refer to the Terms of Service for more information on creating an Account.

CANCELLATION POLICY FOR RESERVATIONS, FREE CLASSES, OR COMMUNITY CLASSES.

1.      In order to cancel a reservation in a Pedal House class and return it to your account, you must unreserve 12 hours prior to the class. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled before 12 hours before, your scheduled class will be charged to your series. You can cancel your reservation in the following ways: Log into your account on the Website or the App, and, next to the class you wish to cancel.

2.     Email the studio where you're booked to cancel the class for you.

Please note, if you late cancel, which is in the 12 hours prior to class, you will be charged $20. If you no show, no cancel, you will be charged a full price of a drop-in price for the class.

If you no show and no cancel, you will be charged a full class rate. FOR RIDERS AND COMMUNITY MEMBERS RUNNING LATE

We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins, though we cannot guarantee you will be given the bike you signed up for in Pedal House classes. Riders and community members who are more than 10 minutes late will not be admitted into class as it is too disruptive.

Please note, in fairness to all our customers, BIKES AND SPOTS WILL BE RELEASED 4 MINUTES BEFORE THE CLASS BEGINS.

FOR RIDERS AND COMMUNITY MEMBERS LEAVING EARLY

If you're planning on leaving early, we kindly request that you tell the instructor ahead of time. There are no refunds.

ETIQUETTE

To preserve the Pedal House sanctuary, Class Participant agrees to abide by Pedal House’s etiquette guidelines found on Pedal House studio walls and on Pedal House’s website (www.pedalhousenyc.com). Pedal House reserves the right to deny access to any person Pedal House deems to be acting in an inappropriate or unsafe manner. WAITLIST

If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)

SPECIAL CLASSES

Any class over sixty minutes requires two Credits, unless otherwise specified.

From time to time, Pedal House may offer complimentary classes, including for new studio openings or new instructors. Complimentary classes will sometimes require a purchased class Credit to make a class reservation. Any purchased Credits used to reserve such a class will be returned within one (1) week of the class.

EXPIRATION AND TRANSFERABILITY OF CREDITS

Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the Pedal House or the Pedal House Website.

Credits can be used at particular Pedal House locations or regions, depending on the particular credit, package or promotion purchased. Credits are non-refundable and cannot be resold.

Credits are non-transferable among people and locations.

FREEZE POLICY

Subject to the specific requirements of each state as described in this section below, if a Member is medically unable to attend classes, a Member may request a freeze of Membership ("Medical Freeze") for up to two (2) months. In such case, a Member must provide a doctor's note at the time of such request. Pedal House reserves the right to verify the note with the doctor. Members must notify Pedal House upon returning from the Medical Freeze by emailing hello@pedalhousenyc.com. After the Medical Freeze, Pedal House will resume charging, and Members are obligated to pay, the Member's monthly dues until any commitment period has expired.

Medical Freeze requests should be made to the on-site Pedal House manager or by email to hello@pedalhousenyc.com. Any non-medical freeze requests should also be directed to the on-site Pedal House manager or send an email to hello@punch-pedal.com.

Pedal House reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment, as may be required for certain types of memberships.

PAYMENTS

UNLESS OTHERWISE STATED BY PEDAL HOUSEIN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the "Billing Date").

Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.

Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.

Pedal House reserves the right to increase its Membership dues from time to time and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.

TAXES

Pedal House collects sales tax on taxable credits, memberships, and other products in New York. Prices shown do not reflect any federal, state or local taxes. Taxes will be reflected during checkout based on the location and product.

CORPORATE AND STUDENT MEMBERSHIPS

Pedal House has corporate Memberships with various companies and organizations through which their employees receive discounted Memberships and class packages. The same terms that apply to general Membership as described above also apply to corporate Membership. In addition, once someone becomes a corporate Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.

Pedal House also offers discounted Memberships to students. (See below for information about additional student discounts.) The same terms that apply to general Membership as described above also apply to student Membership. In addition, once someone becomes a student Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.

Student discounts cannot be combined with any other discounts, such as special rates for new studio openings, or promotions. Pedal House reserves the right, from time to time, to verify eligibility for corporate and student Memberships.

PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS

Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member's or Participant's failure to use Pedal House's facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. Pedal House reserves the right to increase its Membership dues or class/package prices from time to time.

A "Participant" is anyone who purchases a class credit or package from Pedal House and/or anyone who attends a Pedal House class or who receives any other service provided by us. A Member is anyone who purchases or possesses a Membership from Punch Pedal. In these Terms and Conditions, "Pedal House" refers to either Pedal House or the indoor cycling and boxing boot camp classes offered by Pedal House, as appropriate.

FORM OF PAYMENT

All payments (including for monthly Membership dues, classes, Early Booking, and incidentals) are payable by electronic funds transfer from Member's or Participant's credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.

Once you have provided us with, and agreed to store, your credit card information on the Pedal House Website or the Pedal House App, you do not need to have your physical credit card on hand to make in-studio purchases. You’re in-studio purchases can be applied to the credit card you entered on the Pedal House Website or the Pedal House App.

RETURNED PAYMENT PENALTY

Members and Participants will automatically be charged any bank fee imposed on Punch Pedal, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Pedal House retains the right to collect the current and past due balances in any month after the returned payment.

DISPUTED CHARGE PENALTY

In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in Pedal House's favor, Pedal House shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.

CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY

As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snowstorm), or for other reasons, Pedal House may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at Pedal House's sole discretion. For questions or specific issues about the closure of Pedal House facilities and use of Credits, email hello@punch-pedal.com.

SPECIAL PROMOTIONS/OFFERS

From time to time, Pedal House may offer special promotions or offers. When such promotions or offers arise, please refer to the specific promotion details for any terms that may differ from these Terms and Conditions.

STUDENT, TEACHER AND MILITARY CREDITS

From time to time, Pedal House offers discounted Classes to students, teachers, and members of the military, subject to eligibility restrictions and conditions that are subject to change. Students, teachers, and members of the military who are interested in receiving these discounts must provide Pedal House with the proof requested by Pedal House to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to reserve a class for anyone other than the intended student, teacher or military recipient whose status has been verified by Pedal House.

Pedal House reserves the right, from time to time, to verify eligibility for student, teacher, or military status.

CONDUCT, RISKS AND SAFETY

CONDUCT

Members and Participants shall not use any Pedal House facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in Pedal House facilities.

REVOCATION OF MEMBERSHIPS AND CREDITS

Pedal House, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. Pedal House also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in Pedal House's reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.

MEDICAL RECOMMENDATIONS AND DISCLAIMER

Members and Participants should consult with their physician or have a physical examination before using any of Pedal House's facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Members and Participants acknowledge that Pedal House makes no claims as to medical or fitness results that can or may be obtained through use of the Pedal House's facilities, equipment or services. Pedal House has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.

INITIAL INTRODUCTION

Members and Participants are strongly encouraged to request and take advantage of an initial introduction (including bike fitting) and ongoing support available to ensure the proper and safe use of all Pedal House equipment.

ACCOUNT PROTECTION

Members and Participants may not let others use their Pedal House username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, Pedal House, in its sole discretion, reserves the right to revoke or suspend Member's Membership or Participant's Credits.

THERE ARE NO REFUNDS

You can exchange purchases for credits to another series, but we do not have refunds, whatsoever.

ADDITIONAL GENERAL PROVISIONS

DAY LOCKERS

Lockers are provided solely for the benefit and convenience of the members. Pedal House staff will remove any articles left in a locker overnight.

CELLPHONES

Cellphones are prohibited in Pedal House classes unless prior permission has been granted by a studio manager due to exceptional circumstances.

PETS AND BICYCLES

Pets, except service pets, and bicycles are not permitted in Pedal House facilities, unless otherwise stated by the studio.

DRESS CODE

Proper athletic attire is required. Cycling shoes are required for Pedal House classes and are available to rent at $3.50 at Pedal House studios. Pedal House reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

INDEPENDENT CONTRACTORS

From time to time, Pedal House may make the services of independent contractors available to Members, Participants, or their guests. Pedal House does not warrant or guarantee the quality of these services.

GUEST RULES

Guests are permitted in Pedal House facilities, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign Pedal House's standard release agreement.

SPECIAL EVENTS

Pedal House may from time to time reserve the use of its facilities for special events, competitions and private functions.

CHILDREN'S USE

All children under 18 years of age must be accompanied by a parent at all times within Pedal House facilities unless they are in a supervised activity. Children under age 13 are not permitted in any Pedal House facility without the express permission of Pedal House management.

NON-DISCRIMINATION

Pedal House does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in Pedal House classes or activities.

ENFORCEMENT

If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.

ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND PEDAL HOUSETO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions which cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Pedal House, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms and Conditions.

B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Pedal House should be sent to: Pedal House, 18 East 18th Street NY NY 10003, Attention: Legal. After the Notice is received, you and Pedal House may attempt to resolve the claim or dispute informally. If you and Pedal House do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

C. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and Conditions. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of New York, New York, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Punch Pedal, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pedal House.

F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between you and Pedal House in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PEDAL HOUSE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

G. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

I. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

J. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Pedal House.

K. Small Claims Court. Notwithstanding the foregoing, either you or Pedal House may bring an individual action in small claims court.

L. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

GOVERNING LAW, VENUE AND JURISDICTION

To the extent the parties are permitted under these Terms and Conditions to initiate litigation in court, both you and Pedal House agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms and Conditions shall be governed in all respects by the substantive law of the state of New York, without regard to its conflict of law principles, with the exception of claims and disputes originating from Pedal House's Florida studios which shall be governed in all respects by the substantive law of the state of Florida. You and Pedal House hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of New York for any actions, suits or proceedings arising out of or relating to the Terms and Conditions that are not subject to the Arbitration Agreement.

ENTIRE AGREEMENT

These Terms and Conditions, Pedal House's Terms of Service, and any other rules, policies and regulations of Pedal House, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by Pedal House.

NEW YORK

ADDITIONAL RIGHTS TO CANCELLATION. You may also cancel this contract for any of the following reasons: If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. If you move your residence more than 25 miles from any health club operated by seller. If the services cease to be offered as stated in the contract. All money paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days

IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS. New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. Pedal House is exempt from posting a financial security. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, A.E. SMITH STATE OFFICE BUILDING, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231

Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Pedal House , and refund upon such notice of all moneys paid under the contract, except that Pedal House may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.

Members are entitled to the cancellation and refund of the contract if the contracting business location of Pedal House goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.

A Member's notice of his/her intent to cancel shall be given in writing to Pedal House. Such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom Pedal House has subrogated or assigned the consumer's contract. If Pedal House wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

If the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of Pedal House shall not be deemed out of business when temporarily closed for repair and renovation of the premises either (1) upon sale, for not more than 14 consecutive days; or (2) during ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

The contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to Pedal House a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation.

The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed, and the fee therefore paid until 60 days or less before the preceding contract expires.

If the Pedal House requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the Pedal House will provide the buyer with the means of such identification.

These Terms and Conditions apply to Participants and Members. Every time you make a purchase from us or attend a class or receive any other service from Punch Pedal, you acknowledge and accept these Terms and Conditions.

Our contact information is as follows:

Pedal House

18 East 18th Street

New York, NY 10003

Email: hello@pedalhousenyc.com