CONTACT
OPEN RIDE
Europaallee 13
8004 Zürich
OPEN RIDE
Bahnhof SBB / Centralbahnstrasse 12
4051 Basel
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.openride.ch (“the Site”) operated by DARK RIDERS AG t/a OPEN RIDE (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for physical activity undertaken by you at Open Ride, use of the Open Ride spaces located at Europaallee 13 in Zurich, at Centralbahnstrasse 12 in Basel and use of the Site at www.openride.ch.
Health Waiver
I agree that I am responsible for monitoring my own physical condition, including during exercise. I agree to inform Open Ride regarding any and all relevant information about my physical condition and keep this information up-to-date. I agree that I will immediately stop the physical exercise if I suffer from any unusual or concerning symptoms and inform Open Ride.
I agree that Open Ride accepts no liability for any injury caused by the use of equipment, activity or other physical exercise than in respect of injury resulting from the negligence of or failure to take reasonable care by Open Ride or its employees and instructors acting in the course of their employment/engagement.
I agree that Open Ride accepts no liability for damage or loss to my property that may happen whilst participating in physical exercise other than in respect of damage or loss resulting from negligence of or failure to take reasonable care by Open Ride or its employees and instructors acting in the course of their employment/engagement. I agree to adhere to Open Ride’s rules and regulations.
NOTE: Our ride classes include the use of flashing/strobe lighting effects. Our lighting technology may potentially trigger seizures for people with photosensitive epilepsy. Please inform a member of the team immediately if you suffer from any photosensitive condition.
Site
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Open Ride’s services. You are only authorized to use the Open Ride Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Open Ride website and discontinue use of Open Ride Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Accounts
In order to access some features of the website, you will have to create an Open Ride 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.
Member Services And Policies
CANCELLATIONS: YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 8-hour notice time period. You may cancel classes through our online system or by calling our Europaallee studio directly.
20 AND 30 RIDE CREDIT PACK: We offer a 4 HOUR CANCELLATION window on packs of 20 and 30 credits.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 2 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
LATE ARRIVAL: We operate a 3 minute late arrival window on all classes. Due to reasons of health and safety, should you arrive at the studio 3 minutes after the scheduled start time, you will unfortunately not be able to participate in the class.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 6-hour window.
PERSONAL BELONGINGS: You agree that Open Ride is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
Studio Rules And Regulations
You must be physically present and checked in 2 minutes prior to the start of class or your spot may be released to a waitlisted client.
We operate a 3 minute late arrival window on all classes. Due to reasons of health and safety, should you arrive at the studio 3 minutes after the scheduled start time, you will unfortunately not be able to participate in the class.
The use of mobile phones is not permitted in the ride studio.
Please refrain from taking more than one of each towel (sweat and shower) during your visit.
If recovering from injury or illness, notify the instructor prior to class start time.
Dogs are allowed at the studio under the following conditions: The responsibility lies with the dog owner. Open Ride strictly does not assume any liability. The dog must be able to quietly wait in one place during the ride, without disturbing operations. Open Ride reserves the right to leash barking dogs or dogs disturbing the operation outside the studio in front of the exit.
Refund Policy
Classes:
All classes and membership packages are non-refundable.
Memberships:
All classes and membership packages are non-refundable.
Retail items:
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt. Please see below SHIPPING and IMPRINT for more webshop terms and conditions.
For questions or support with online purchases or returns, please contact hey@openride.ch
Limitation of Liability
By signing your initial “Enlistee” contract and/or attending classes, events, activities, and other programs and using the Open Ride studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Open Ride workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Open Ride strongly recommends that you consult with my physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Dark Riders AG, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release. *A minor aged up to 15 years may participate with a parent present. Minimum body height required is 1.40 meters. Minors under 16 years of age are not permitted to create their own account.
The content on the Open Ride 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 Open Ride, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Open Ride reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Open Ride.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“Open Ride,” “Open,” and all other graphics, logos, wordmarks, and designs are trademarks of Open Ride in Switzerland and Europe, including other countries for which applications are pending. Open Ride trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Open Ride.
Mobile Services
The Open Ride Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Open Ride packages via your mobile phone, (ii) the ability to receive and reply to Open Ride messages, (iii) the ability to browse Open Ride from your mobile phone and (iv) the ability to access certain Open Ride features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Open Ride and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Third Party Sites
Our Site may contain links to third-party sites that are not owned or controlled by Dark Riders AG.
Open Ride has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Zurich, Switzerland, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Eligibility
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Open Ride Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
Term
These Terms of Service shall remain in full force and effect while you use the Open Ride Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting the studio directly via phone or email. Open Ride may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
Fees
You acknowledge that Open Ride charges fees for its services, and Open Ride reserves the right to change its fees from time to time in its discretion. If Open Ride terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Password
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Open Ride immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Entire Agreement; No Waiver
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Open Ride on the website, shall constitute the entire agreement between you and Open Ride concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Open Ride’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Open Ride reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Open Ride website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Arbitration
YOU AND OPEN RIDE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Contacting Us
If you have any questions about these Terms of Service, the practices of Open Ride or its services, or your dealings with this site, please contact us at:
OPEN RIDE
Europaallee 13, Zurich 8004
hey@openride.ch
These Terms of Service have been updated and effective as of August 30th, 2019.
SHIPPING
Currently we are only shipping within Switzerland. The value added tax is included in the price of the product. The shipping costs for an order is 7.00 CHF and will be added to the price of the order at check-out. Shipping is free of charge with a minimum order total of 100.00 CHF.
IMPRINT
Zurich, 14.05.2019
General terms and conditions for the webshop of Dark Riders AG, operating as OPEN RIDE:
- Validity of the general terms and conditions
Dark Riders AG operates a web shop on its website. The deliveries and services of this webshop are carried out exclusively under the conditions of these General Terms and Conditions in the version valid at the time of conclusion of the contract. - Order and conclusion of contract
The order is binding for the customer. The contract is concluded with the acceptance of the order by Dark Riders AG, by delivering the order or confirming it to the customer. The webshop is updated regularly. It is possible that an article is no longer available at the time of the order. In this case the customer will be informed. - Prices
The prices are in CHF (Swiss francs) including the legally prescribed value added tax. The shipping costs are not included in the article price and will be calculated according to the quantity ordered. Prices are subject to change without notice. - Means of payment
The following payment methods are offered:
VISA, Mastercard and Paypal - Shipping costs
The shipping costs are calculated by Dark Riders AG based on weight, size and the place of delivery of the order. - Delivery
The delivery takes place via “PostPack Economy” within maximum 7 working days after receipt of payment. - Delivery times
Dark Riders AG makes every effort to process the order as quickly as possible, but no delivery times can be guaranteed. - Retention of title
Dark Riders AG is the owner of the delivered goods until full payment has been received. - Refusal of acceptance
The costs of an unjustified refusal to accept the delivered goods will be charged to the customer. The right of Dark Riders AG to fulfill the purchase contract remains unaffected. - Return, complaint, warranty, liability
The Dark Riders AG grants the customer the right to return the delivered goods within 7 working days undamaged, faultless and in the original packaging. In case of defects of the delivered goods, the warranty of Dark Riders AG consists in the fact that after the return of the goods by the customer, Dark Riders AG delivers a defect-free product or releases the customer from the contract and refunds payments already made by the customer. Should the delivered goods show defects, the customer is obliged to inform Dark Riders AG in writing immediately, but no later than 7 days after receipt of the goods. Other warranties are excluded. In the case of complaints due to defects or wrong delivery, a copy of the webshop order must be enclosed with the return shipment. The costs of the return shipment shall be borne by the customer. Postage paid by the customer will not be refunded. Dark Riders AG assumes no liability for damages caused by improper use of the purchased items. - Applicable law, place of jurisdiction
The contracts are exclusively subject to Swiss law. The exclusive place of jurisdiction is Zurich.