WHEEL HOUSE TERMS & CONDITIONS
Last Updated 9th May 2021
Welcome to Wheel House!
These Terms & Conditions (“Terms”) are a contract between you and Full Wheel LLC DBA Wheel House and govern your access to and use of any Wheel House website, application (“app”), fitness facility, content, or products and/or services made available through Wheel House (collectively, the “Site”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY BIND YOU TO A CONTRACT WITH FULL WHEEL, LLC dba Wheel House ("WHEEL HOUSE"). THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH WHEEL HOUSE ON AN INDIVIDUAL BASIS.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, "WH", “Ourselves”, “Our” “We” and “Us” refers to our Company, Full Wheel LLC. d/b/a Wheel House.) “Party”, “Parties,” or “Us” refers to both the client and ourselves, either the client or ourselves as determined by the context of the sentence.
All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, for the express purpose of meeting the client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Class Series and Packages
In order to make a reservation, you must first purchase a single class or series of classes (multiple classes), or hold an active Monthly Membership package. All classes, regardless of length, require one class credit for booking.
Pursuant to Section 1812.89 (b)(2), if a member moves more than 25 miles from Wheel House, the member may be charged a predetermined fee upon cancellation of the contract of up to $100, or if more than half the life of the contract has expired, up to $50.
There will be no refunds on any series of classes that have been used. Unused packages may be refunded within 30 days of purchase at the discretion of Wheel House management, and refunds may be made in the form of studio credit that can be used to purchase retail merchandise. There will be no refunds of packages after 30 days of purchase.
Monthly Class and Unlimited Packages
A WH Monthly class package credits your Wheel House account with a set number of classes each month on the billing date of the contract.
Any unused classes do not get carried over to the next month and therefore need to be used during the billing period or will be expired.
Monthly class packages are subject to special terms and conditions relating to the length of the contract. Those terms and conditions are available for review upon the purchase of such packages. No refund will be made for any monthly contract that is cancelled prior to the stated end date of the contract, and billing for the package will continue until the end date of the prescribed term of the contract. No refund will be made for classes that are unused during a billing period for a monthly class package.
An Unlimited Month package enables you to book any class for the active current billing month or period, can only be used by the account holder and may not be shared.
Www.wheelhouse-sf.com ("Website") provides information about Wheel House, and, with a user account, allows users to receive information about Wheel House through e-mail or messaging; to book, cancel and pay for Wheel House classes, programs, merchandise or services; and to elect to participate in Wheel House Events. We may add to or change these functionalities in the future.
Wheel House may discontinue or remove the Website or any portions thereof at any time for any reason.
In order to access some features of the website, you will have to create a Wheel House account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
Class Reservations and Waitlist Procedure
In order to make a reservation, you must first purchase a single class or series of classes. To do this, you can go to www.wheelhouse-sf.com or the app, and create a profile if you have not done so already.
You should be aware that class series expire and class and future series prices are subject to change. We accept Mastercard, Visa, American Express and Cash. Reservation and cancellation deadlines apply regardless of website, phone or facility functionality.
Your credit/debit card will be charged for your order at the time of purchase. Wheel House will not process any purchases 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 Wheel House may incur in its efforts to collect any unpaid balances from you.
Please reserve a spot in your class at www.wheelhouse-sf.com or the app. Click on the View Schedule link, select the class you would like to book and a specific bike, mat, or station in the room. If a class is full, you can put yourself on the waitlist. If a spot opens up in that class, you'll be placed into the class and notified via email or phone. It is recommended that you sign up in advance for Wheel House classes. Students with active class credits, series or memberships can sign up in advance by calling or signing up online through this website. All reservations are held until 10 minutes before the class begins. If you don’t call and cancel a class reservation 12 hours before the start of class, you will be charged for the class.
Every Sunday at 5:00pm the booking window opens for the upcoming 2 weeks. We encourage you to sign up for your favorite classes as soon as possible as many classes fill quickly. When reserving a class, select any bike, mat, or station in the room that you wish to use. YOU ARE REQUIRED TO USE THE BIKE, MAT, OR STATION YOU SELECTED OR THAT IS ASSIGNED TO YOU. CHANGING TO A DIFFERENT BIKE, MAT, OR STATION IS NOT ALLOWED.
Reservations made outside of the Site
If you purchase and reserve a booking on a website other than the Site, application or mobile platform Wheel House cannot make any modifications to the booking for any reason. You must contact the provider through which you purchased the reservation for changes, cancellations or no show requests. The studio is not responsible for reservations made outside of the Wheel House site. (Examples of reservations made outside the Wheel House site include, but are not limited to, reservations made through Classpass or Gympass.)
Cancellations, No Shows and Lateness
CANCELLATIONS: YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR WE MAY DEDUCT THAT CLASS FROM YOUR ACCOUNT. This includes switching time slots under the 8-hour notice time period. You may cancel class through our online system or app, call the studio directly or email us. Any class credits used to book a class canceled before the 8 hour cut off will be credited back to your account. If you use a monthly unlimited membership for your bookings and cancel within 8 hour of your scheduled class you will be charged a late fee of $15.
NO SHOWS: A “no-show” is someone who does not cancel a reservation and fails to attend class. Failure to cancel a class and becoming a “no-show” will result in a charge of $20.00 to the credit card associated with your account if you hold a Monthly Unlimited Membership package.
If you use a Class Series or Monthly Class Membership to reserve your spot and become a “no-show,” you will lose any class credits used to make the reservation and these will not be refunded to you..
LATENESS: YOU MUST BE PHYSICALLY PRESENT 10 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
If you arrive after the start of class, our Front Desk staff will determine if there is space available for you in the class and whether you may be permitted to join a class already in progress. As a general rule, anyone arriving 10 minutes after a class has started will not be allowed to join the class, and may be subject to no show and cancelation penalties as outlined above.
As a courtesy to others, if you are allowed to join a class that has already started, you must take care when entering the studios to minimize the distraction and disturbance of others. Late arrivals may also be assigned to bike, mat, or station in the room that is different than the one they originally booked, but will be required to use the bike, mat or station designated by the front desk staff.
We want you to have the best possible experience here at Wheel House. Therefore, all students should be familiar with, and comply with, the following policies.
PLEASE BE AWARE THAT THE FOLLOWING IS NOT ALLOWED DURING CLASS: USE OF CELL PHONES, TABLETS, LAPTOPS, PDA’S, DISTRACTING CONVERSATIONS, VIDEO AND PHOTOGRAPHY. WE REQUEST THAT YOU ARE COURTEOUS TO THE INSTRUCTOR, STAFF AND OTHER STUDENTS, AND THAT YOU ARE RESPECTFUL IN ATTITUDE, HYGIENE, ATTIRE & BEHAVIOR BEFORE, DURING AND AFTER CLASS.
You agree to use all equipment and amenities provided with due care and in a safe manner.
If you're planning on leaving class early, please inform the front desk or instructor prior to the start of class. If you have not already booked a spot near the door, the staff or instructor may relocate your place in the room to minimize disruption when you exit the class.
You agree not to:
- Harass, threaten, disrupt or defraud users, members or staff of Wheel House or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Impersonate another person or access another user’s account;
- Share Wheel House issued passwords with any third party or encourage any other user to do so;
- Permit anyone to use any classes or services booked under your own membership, including other members unless your accounts are shared;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Upload material (e.g. virus) that is damaging to computer systems or data of Wheel House or users of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
You agree that you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions provided by Wheel House staff as conditions for participation in any Class, party, special event and/or all other programs at Wheel House.
In Studio Environment
Our classes are designed to require intense physical exertion and demanding cardiovascular effort. Participants should be aware that temperatures in the Studios may rise into the 80s despite the operation of our environmental systems. We recommend that you bring or purchase a bottle(s) to hold water or other hydrating beverages for use in class. We also suggest that you consult with your healthcare provider before undertaking our or any other forms of strenuous exercise. If at any time in a class you experience difficulty breathing, pain or other symptoms inconsistent with strenuous exercise, STOP IMMEDIATELY and notify an instructor or staff member at once.
Our classes are set to music that may be played at high volumes. If you are sensitive to loud music, we offer foam ear protection in the studio free of charge for your use.
Some of the music played during classes may contain explicit language. If this is a concern to you, we request that you check with your instructor prior to class to understand the nature and amount of language.
If you must leave early, please inform your instructor before the class begins, and if possible, please book a bike or spot near the door so as to minimize any potential disturbance to others.
YOU AGREE THAT WHEEL HOUSE IS IN NO WAY RESPONSIBLE FOR THE SAFEKEEPING OF YOUR PERSONAL BELONGINGS WHILE YOU ARE PRESENT AT THE STUDIOS. YOU ASSUME ALL RISK OF LOSS OR DAMAGE FOR ANY AND ALL OF YOUR PERSONAL BELONGINGS.
Personal Belongings, Lockers & Lost Property
All personal belongings brought into any Wheel House studio is done so at the client’s own risk, and the company does not accept any liability for loss or damages to such items. This includes any items left unsecured in locker rooms, public areas or phone left for charging at the front desk or on publicly accessible charging stations. Staff doe not assume any responsibility to monitor the personal belongings of members or others that are brought into the studio.
Wheel House accepts no responsibility for any property left on the premises. All items found will be put into Lost and Found. Any property in Lost and Found that is unclaimed within 1 month will be deemed abandoned and donated to charity. Any jewelry or keys found will be kept for 6 months before being donated (or, with keys, disposed of). If you think you have left something behind, please email us at firstname.lastname@example.org with a full description of the item for which you are looking. We will make every effort to locate the item and hold it for you to pick up, but make no guarantees that the item will be located or available to be returned.
Knowledge Of Risk, Release Of Liability And Waiver Of Liability
In consideration for participating or engaging in fitness or exercise activities, services and/or use of equipment, I agree, on behalf of myself, my children, parents, guardians, heirs, assigns, personal representatives and estate, to RELEASE, WAIVE, DISCHARGE and HOLD HARMLESS Full Wheel, LLC, d/b/a Wheel House, its agents, officers, shareholders, directors, employees, instructors, contractors, independent contractors, volunteers, participants, exercise equipment builders and installers, exercise equipment designers, exercise equipment manufacturers, lessors, insurers and all other persons or entities acting in any capacity on their behalf (hereafter collectively referred to as RELEASEES) from any and all liability, claims, actions or losses from bodily injury, property damages, wrongful death, loss of service, demands or any other causes of action, without limitation, that I may hereafter have arising out of my participation in fitness or exercise activities, services, and/or use of equipment including, but not limited to, LOSSES CAUSED BY THE NEGLIGENCE of the RELEASEES.
I further agree that I WILL NOT SUE OR MAKE A CLAIM AGAINST THE RELEASEES for damages or other losses sustained as a result of my participation in fitness or exercise activities, services and or/ use of equipment. Should RELEASEES, or anyone on their behalf, be required to incur attorney’s fees, insurance deductibles, and/or other costs to enforce this Agreement, I expressly agree to indemnify and hold harmless that party for all such fees, deductibles and costs.
I understand and acknowledge that fitness or exercise activities, services and/or use of equipment have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. In particular, I understand that the risks associated with my participation in strenuous exercise include but are not limited to, abnormal blood pressure and heart rate, fainting and heart attack. I understand that there are also unforeseeable accidents which may occur, and I assume all risks associated with such accidents. I agree that it is possible that the equipment being used might malfunction, be defective, and/or fail.
I EXPRESSLY AND VOLUNTARILY AGREE TO ASSUME ALL RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE PARTICIPATING IN ANY ACTIVITIES, SERVICES AND/OR USE OF EQUIPMENT AT WHEEL HOUSE, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I recognize and understand the physical nature of this activity and I hereby certify that I have no medical, emotional and/or physical conditions that could interfere with my safety or prevent me from participating in any of the fitness or exercise activities of Full Wheel, LLC, d/b/a Wheel House, or the use of equipment.
I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in activity and/or use of equipment without the approval of my physician and I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition. I agree that I will not use Wheel House’s facilities, services or equipment in such a way as to endanger the health or safety of myself or others. I agree that I shall be responsible for any property damage or personal injury caused by me. I agree that I shall not violate any laws.
I understand that Wheel House may capture my likeness in photos and videos while I am at the Site. I agree that the Wheel House and its agents, licensees and assigns have the irrevocable right to use my name and likeness in connection with any advertising, promotion or marketing of Wheel House, or make any other use of photography and/or videography made of me during the course of my use of the facilities and/or services of Wheel House. In addition, I waive, without limitation, all rights and release and discharge the Wheel House and its agents, licensees and assigns from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action (whether now known or unknown), for defamation, invasion of right to privacy, publicity or personality or any similar matter, copyright infringement or any other matter whatsoever based upon, relating to or arising from the use, exploitation, distribution, advertisement or promotion of photography and/or videography of me.
I agree that no fees, royalties, or payment of any kind shall be due to me or any other party in connection with the rights granted to the Wheel House herein. I agree that Wheel House shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities, or jewelry. If any portion of this Agreement shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Agreement shall remain in full force and effect and the offending provision or provisions severed here from. By signing this Agreement, I acknowledge that I understand its content and that this release cannot be modified orally.
I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM ACCEPTING THIS AGREEMENT FREELY AND VOLUNTARILY , AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
WAIVER / RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Wheel House Group Fitness Classes and related events and activities, the undersigned acknowledges, appreciates, and agrees that: Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS (insert name of sports organization) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FOR COMMUNICABLE DISEASES INCLUDING COVID-19 , FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SELECTING THE CHECKBOX, AND FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Wheel House reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
Amendment of Terms. Wheel House may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
Intellectual Property and Trademarks
The content on the Wheel House website, 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 Wheel House, subject to copyright and other intellectual property rights under the law.
You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Wheel House, is strictly prohibited.
You acknowledge that Wheel House and/or third-party content providers remain the owners of all Website material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms and Conditions.
Wheel House may discontinue or remove the Website or any portions thereof or discontinue your right to use the Website or any portion hereof at any time.
Content on the website is provided to you 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.
Wheel House reserves all rights not expressly granted in and to the website and the Content.
We may use the names and marks of third parties on our website. Those names and marks are the property of their respective owners.
Our class names, formats, methodologies and content are also copyrighted.
General Statement On Privacy, Personal Data, And Communications Privacy Statement
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website or communicate with Wheel House via email, you are communicating electronically. You consent to receive communications from Wheel House electronically. Wheel House will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Wheel House provides electronically satisfy any legal requirement that such communications be in writing. We, like You, are sensitive to the collection, storage and use of personal information.
Collection Of Information
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and dates of birth when customers create personal account profiles, which are necessary to book and participate in our classes. We use email addresses to maintain contact with you regarding your class schedules, account status and for general communication. We may, from time to time, send email to you alerting you to special events we may host or to acknowledge activities or milestones relevant to you. We do not, and will not, share with or sell your confidential information to third parties at any time. As email addresses are used to identify Customers, we require that an valid email address be provided at sign-up, and updated if it changes.
It is important for you to protect against unauthorized access to your account, password and to your computer, tablet or phone (collectively, “Devices.”) If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept sole responsibility for all activities that occur under your account or password, including the purchase of goods and/or services.
Sign off when you are finished using a shared computer. Our system does not enforce restrictions on passwords or require the changing of passwords at regular intervals. Therefore, we highly recommend that you create and use passwords that are not easily guessed or intuited. Using combinations of letters, numbers and symbols and avoiding the use of proper names, birthdays and the like can help protect your account’s safety.
Credit card transactions made on our website or in person at our facility are transmitted to our merchant gateway, Authorize.net, via secure Internet link. We do not store any credit card or personal information locally, and we only see the last four digits of your credit card.
Our business platform and website is operated and managed by a third party with specific expertise in the management of boutique fitness venues. This service provider, along with any of its hosting providers, utilize industry-standard products, procedures and tools to safeguard personal information as well as the integrity of their systems. We have no direct or indirect control over the systems, policies, tools or personnel utilized by our service providers.
Only authorized employees, representatives agents, and contractors who have agreed to keep information secure and confidential have access to personally identifiable information. None of these parties is allowed to use confidential information for any purpose other than for serving customers or assisting us in monitoring the performance of our business. Emails and newsletters from this site allow you to opt out of future marketing mailings.
Automatically Collected Information
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of purchases and to help us monitor how individuals use the Website, which allows Wheel House to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
How Information Is Used
The following are examples of how Wheel House might use the personal information collected through the Website:
- To open and manage your member account.
- To enable us to process, validate and verify your class registration as a member, when making purchases or to carry out a transaction you have requested.
- To provide the ability to contact you with respect to membership and/or billing information.
- To respond to your customer service inquiries.
- To send you emails with respect to our studio, our member policies, class schedules and events.
- To communicate information about membership opportunities, new products and services and special offers, including on behalf of our trusted business partners.
- To understand more about you, so we can customize the information about our services, products and offers on our Website to your preferences.
- To enhance existing features or develop new features, products and services.
- To conduct member surveys or focus groups in order to provide better services and products to our members and other customers. Your completion of any survey or participation in any focus group is voluntary.
For the non-personally identifiable information collected throughout the Website or App: * Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall Wheel House experience.
You can help Wheel House maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Wheel House will never share telephone numbers, email addresses, or any personal data with third parties.
Wheel House reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
Wheel House makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
What Is A Secure Connection?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the Wheel House website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
Distribution Of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Children Under Age 13
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please DO NOT attempt to register on our website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 13, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
Teens Ages Of 13 And 18
If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian.
Not Authorized To Perform Data Mining
You are not authorized without the prior written permission of Wheel House to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App.
You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
Not Authorized To Use This Website For Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Wheel House’s material in any way for any public or commercial purpose. Thus, you are not authorized to:
(i) resell or make commercial use of this site or its contents;
(ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any Wheel House products or for other commercial purposes; or
(iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Wheel House’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use Wheel House’s material will automatically terminate and any copies made of Wheel House’s material must be immediately destroyed.
Any unauthorized use of Wheel House’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
Warranty Disclaimer And Limitation Of Liability
In no event will Wheel House be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Wheel House expressly advised of the possibility of such damage.
All information is provided by Wheel House on an “as is” basis only. Wheel House provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
Communications And Comments
All comments, feedback, ideas, suggestions, submissions or other communications (collectively, “Comments”) that you submit to us through our Website shall become the exclusive property of the Company. The submission of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Therefore, we will be entitled to use, reproduce, modify, publish, translate, create derivative works from, display and distribute such Comments for any purpose whatsoever.
You agree not to submit any Comments to our Website that would violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to our Website will contain libelous, otherwise unlawful, abusive or obscene material. You will be solely responsible for the content of any Comments you submit to us through the Website.
Links To Other Websites
Our Website may contain links to other third-party sites. These sites are governed by their own privacy policies, and we are not responsible for their content or their privacy practices. Users submitting information to third party websites should review the privacy policies posted on those sites before providing them with personally identifiable information.
IN NO EVENT SHALL FULL WHEEL LLC, D/B/A WHEEL HOUSE , ITS OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, INDEPENDENT CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REVELRY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FULL WHEEL LLC, D/B/A WHEEL HOUSE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Choice of Law of this website, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising from your use of this website must be brought in California.
Electronic Signatures And Agreements.
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” "SUBMIT", "DOWNLOAD", “PLACE MY ORDER”, “PLACE ORDER”, "I ACCEPT" or such similar links as may be designated by Wheel House to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract.
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes,
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Wheel House. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Wheel House. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Wheel House shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, “Wheel House” means Wheel House and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Wheel House regarding any aspect of your relationship with Wheel House, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution.
Before initiating any Dispute, whether in court or arbitration, you must first give Wheel House an opportunity to resolve the Dispute by mailing written notification to Wheel House, One Embarcadero Center, Lobby Level, San Francisco, CA 94111. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Wheel House does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
A) Arbitration Award.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
B) Location of Arbitration.
Arbitration shall take place in San Francisco County, CA, but it may proceed by telephone if you so choose.
C) Payment of Arbitration Fees and Costs.
You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
D) Class Action Waiver.
Any Disputes arising out of or relating to the purchases from the Site, these Terms (including the formation, performance, or alleged breach), and your use of the Site shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action)
Neither you, nor any other Member of Wheel House and/or user of Wheel House services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph.
You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Wheel House and is non severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Wheel House in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
E) Limitation of Procedural Rights.
You understand and agree that, by entering into this Arbitration Agreement, you and Wheel House are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Wheel House might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).
By using the Wheel House Site and products and services, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
This Arbitration Agreement shall survive the termination of your contract with Wheel House and your use of the Wheel House Site and services.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Wheel House relating to the subject matter herein.
f) Claims; Statute of Limitations.
YOU AND WHEEL HOUSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g) Waiver. No waiver of any of these Terms by Wheel House is binding unless authorized in writing by an executive officer of Wheel House. In the event that Wheel House waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Wheel House to enforce the same at a later time.
Wheel House may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.