Terms of service.
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations, and in using this website, you are deemed to have read and agreed to the following Terms and Conditions.
The UGDPHX website allows users to receive information about UGDPHX, as well as book classes, cancel, and pay for services and products offered at UGDPHX facilities.
BOOKING POLICY
To book a class at UGDPHX, you must have a valid class credit or membership to reserve a bike. To buy an individual class credit or membership, you can either sign up on theundergroundphx.com by using your email and creating a password or if you are already registered, click login to buy a class credit or membership and make your reservation.
Please download the UGDPHX App to your iPhone or Android before coming to the studio. Once you’re within 100 meters of the front desk, you’ll be able to check into class from your phone. If you do not have a phone, please approach the desk upon arrival and we’ll check you in there. If you do not check in, we may release your bike to another guest 3 minutes before the start of class. DO NOT ASSUME THE FRONT DESK STAFF KNOWS YOU ARE IN ATTENDANCE. Additionally, checking in for other clients is prohibited.
CANCELLATION POLICIES
To cancel a UGDPHX class you reserved using a class credit, you may do so without penalty by canceling online, via the mobile app, or by calling the studio SIX HOURS before your scheduled class. If your bike is canceled by this time, your class credit will be returned to your account. If you cancel your bike within SIX HOURS of your class, the credit will be returned to your account and you will be charged a $10 late cancel fee.
To cancel a UGDPHX class you reserved using an unlimited membership, you may do so without penalty by canceling online, via the mobile app, or by calling the studio SIX HOURS before your scheduled class. If you cancel your bike within SIX HOURS of your class, you will be charged a $10 late cancel fee. If you do not have a working card on file, your account will be temporarily frozen until you update the card on file, at which time the late cancellation fee will be charged, and your account will be reinstated.
Cancellations via electronic mail (email), Facebook Messenger or Instagram will not be taken, and you will be charged.
NO-SHOW POLICIES
Should you no-show to a UGDPHX class you reserved using a class credit, you will be charged a $10 no-show fee. If you do not have a working card on file, the credit will be forfeited.
Should you no-show to a UGDPHX class you reserved using an unlimited membership, you will be charged a $10 no-show fee. If you do not have a working card on file, your account will be frozen until you update your card. Once we update your card on file, the $10 no-show fee will be charged and your account will be reinstated.
Please be aware that we release bikes EXACTLY THREE minutes before the start of class to those on the waitlist. If you are running late, please call the studio and speak with a front desk staff member to ensure we hold your bike. If you check in to class via the app and do not come to class, you’ll be charged in accordance with the details above.
WAITLIST POLICY
If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. UGDPHX staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
The system will auto-populate clients into class from the waitlist as other clients with confirmed spots cancel and bikes will be assigned as such up to ONE HOUR before the start of class. **This means if you fall asleep and you are on the waitlist, there is a chance you will wake up and have a spot in class. You will receive an email that you have a spot (if you have email enabled in your settings), or your Underground mobile app will be updated with your spot number. you are solely responsible for canceling your classes within the bounds of the cancellation policy.
UGDPHX staff will add walk-in, waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY THREE minutes before the start of class. There is no waitlist priority given for early arrival.
RETURN AND EXCHANGE POLICY
UGDPHX takes great pride in the quality and value of the retail items for sale in studio and online. If you are not completely satisfied with your purchase, you may return any unused, unwashed items within 7 days of the purchase date for a credit of the purchase price with UGDPHX. Once you have made a retail purchase, UGDPHX will not refund the amount paid in cash. Used or washed items cannot be returned. You will receive only an electronic receipt for your purchase.
AUTO-DEBITED CONTRACTS & UNLIMITED MEMBERSHIPS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
I, the Client, authorize The Underground Athletics LLC. DBA UGDPHX or The Underground PHX to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account.
I understand that UGDPHX will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto-debit contract and/or in connection with cancellation fees according to the UGDPHX cancellation policy (six-month minimum commitment). UGDPHX will initiate charges each month on the date my contract is set to renew.
UGDPHX may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card, I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided.
CANCELLING: You may cancel any UGDPHX unlimited membership at any time after the THREE-month minimum commitment has been reached BY EMAILING SUP@UGDPHX.COM 30 DAYS PRIOR TO YOUR NEXT BILLING CYCLE.
By continuing to use our services, you agree to the statements above regarding auto-debited contracts and unlimited memberships.
WHAT TO EXPECT IN CLASSES AT UGDPHX
UGDPHX conducts high intensity, choreographed, cardio classes on a stationary bicycle. Music will be played which may contain explicit language. If you are sensitive to loud noises or explicit music, please check with our front desk staff to find the right instructor to meet your needs. Be aware that riding an indoor cycle with little to no resistance can be harmful and result in injury. Please keep resistance on the bike at all times.
Please note that riders must be 4’11” at the minimum to participate in classes at UGDPHX.
Additionally, we ask that you remove your indoor cycling shoes and walk with caution in UGDPHX facilities. They are not made to walk in and can easily break or cause you to slip if not careful.
COOKIES
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites. This website uses cookies to obtain certain types of information, such as your username and password, to customize content areas or to analyze site activity and user behavior. UGDPHX reserves the right to use cookies in the future in conjunction with new content or expanded functionality.
PRIVACY STATEMENT
We at UGDPHX are committed to protecting your privacy. This privacy policy outlines the type of information we receive and collect when you use the features on our website as well as some of the steps that we take to safeguard the information. Please read this privacy policy before using this site or submitting your personal information. By using this site, you are accepting the practices described in this privacy policy. We do not sell your information to anyone.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, phone numbers, postal addresses, email addresses, credit card information, and etcetera when it is voluntarily submitted by our members and/or visitors. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password.
Registration of minors (ages 12-18) must be completed in person at one of our studios with a parent or legal guardian present. If we learn any personal information has been submitted to the website from a child under the age of 13, we will delete that information as quickly as reasonably possible. UGDPHX does not seek or share personal information from minors through this website.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails, phone calls, mobile text messages, and newsletters from this site allow you to opt out of future marketing communication. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate. We do not sell your information to anyone.
UGDPHX reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
WAIVER AND RELEASE
When you visit UGDPHX or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By signing up for and/or attending UGDPHX classes, activities and other programs, and using UGDPHX’s premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities. Please be aware that riding an indoor cycle with little to no resistance can be harmful and result in injury. Please keep resistance on the bike at all times. In consideration of being allowed to participate in and access the Classes and Facilities provided by UGDPHX, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge UGDPHX, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of UGDPHX’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. In addition, if in the opinion of UGDPHX staff, you would be at physical risk using UGDPHX’s Classes and Facilities, you will be denied access to UGDPHX and its classes and facilities until you furnish UGDPHX with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing UGDPHX’s concerns, and stating that UGDPHX’s concerns are unfounded.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting UGDPHX, you voluntarily assume all risks related to exposure to COVID-19.
UGDPHX may photograph and record you. They may publish and distribute these photographs and recordings in connection with your participation in UGDPHX activities and your attendance at UGDPHX facilities. By acknowledging these terms, you agree and consent that UGDPHX may display these photographs and recordings through our website and social media channels.
INTELLECTUAL PROPERTY RIGHTS
“The Underground PHX”, “UGDPHX”, and “The Underground PHX” logo and other graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of The Underground Athletics LLC dba UGDPHX, The Underground PHX and may not be used by you for any other reason other than as expressly permitted by these terms. 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 the materials on this Website without the prior written permission of The Underground Athletics LLC dba UGDPHX, The Underground PHX is strictly prohibited.
DISCLAIMERS
In no event shall The Underground Athletics LLC dba UGDPHX, The Underground PHX, its officers, directors, employees, 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, illness 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 site 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 UGDPHX 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 UGDPHX 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.
The Underground Athletics LLC dba UGDPHX, The Underground PHX, may 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.
The Underground Athletics LLC dba UGDPHX, The Underground PHX
5090 North 40th street, suite 120
Phoenix, Arizona 85016
480-943-7811
***************
Revised 4/10/2025
for the use of shower and locker room facilities at 5090 N. 40th Street, Phoenix, Arizona 85018
FITNESS CENTER CONSENT AND RELEASE
I, a client of ugdphx (“Tenant”) wish to use the Fitness Center located in the building addressed as 5090 N. 40th Street, Phoenix, Arizona 85018 (“Building”), which Building is located on that certain land (the “Land”), which is also improved with landscaping, parking facilities and other improvements, fixtures and common areas and appurtenances now or hereafter placed, constructed or erected on the Land (sometimes referred to herein as the “Project”) and has entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Project's plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways and other common areas and facilities in and adjacent to the Building and the Project as are designated from time to time by Building Owner for the general nonexclusive use of Building Owner, Tenant and the other tenants of the Project and their respective employees, agents, representatives, licensees and invitees (the “Common Areas”). The Fitness Center is currently made available to employees of Tenants of the Building. Landlord reserves the right at any time to charge a fee, change or rescind any one or more of these Fitness Center Rules and Regulations, or to make such other and further reasonable Fitness Center Rules and Regulations as in Landlord's judgment may from time to time be necessary for the management, safety, care and cleanliness of the Fitness Center, Building, the Common Areas and the Project, and for the preservation of good order therein, as well as for the convenience of other occupants and tenants therein. I understand and agree that my use of the Fitness Center and the facilities and equipment located therein (collectively, the “Fitness Facility”), is at my own risk. I understand and agree that CIO 5090, LP and its successors and assigns (“Building Owner”), and the Management of the Building, Jones Lang LaSalle Americas, Inc. and its successors and assigns (“Management”), and their agents, employees and contractors will not provide any instruction or direction regarding the use of the equipment and that I will not use any piece of equipment with which I am not thoroughly familiar and which I do not know how to operate.
I acknowledge that there are risks associated with my use of the Fitness Facility including, but not limited to, loss of my personal property, abnormal blood pressure and heart rate, fainting, heart attack, accident, illness, injury, disability and even death. I voluntarily assume all such risks and agree to arrange for any additional insurance coverage that may be appropriate or desirable in connection therewith. I acknowledge and agree that it is my responsibility to obtain a medical examination for myself prior to utilizing the Fitness Facility. I hereby certify that I am in proper physical condition for using the Fitness Facility and have ample prior relevant experience. I acknowledge and agree that the use of the Fitness Facility may be modified or discontinued without notice.
I acknowledge that I will read a copy of the Rules and Regulations governing the use of the Fitness Center and equipment, and I agree that I will fully comply with such Rules and Regulations as they are amended from time to time. I understand that the Building Owner and Management are not required to provide the Fitness Center or to create or retain any such Rules and Regulations or any additional rules or regulations with regard to the Fitness Center.
I agree that Building Owner, Management, and their employees or agents shall not be held liable or responsible in any way should I be injured or become ill or disabled or die while using the Fitness Facility. I hereby for myself and my spouse, heirs, insurers, trustees, beneficiaries, estates, guardians and legal representatives (collectively, “Claimants”) release and discharge Building Owner, Management and their respective principals, officers, agents, employees, partners, directors, shareholders, affiliates, and other representatives, and their respective successors and assigns (collectively, the “Released Parties”), from any and all costs, claims, losses, demands, causes of action, liabilities, harm and damages (collectively, “Claims”), and waive any and all Claims whatsoever in connection with my use of the Fitness Facility or entry into the Fitness Center and I waive all claims, including, but not limited to any Claim based in part on the negligence or gross negligence of any of the Released Parties. I recognize that there is a risk that I may discover, incur, or suffer from Claims that may exist but are unknown, unsuspected, or unanticipated or that do not yet exist at the time this Consent and Release is executed, and which, if known at the time this Consent and Release was executed, may have materially affected my decision to enter into this Consent and Release. I acknowledge that I’m assuming the risk of such unknown, unsuspected, or unanticipated Claims, and agree that this Consent and Release applies thereto. Further, I agree to look solely to my insurance policies for all payments or recourse for all Claims. Also, I agree to indemnify and hold harmless the Released Parties from any Claims, including costs and attorney’s fees, incurred as a result of or in connection with my use of the Fitness Facility or entry into the Fitness Center. I understand that the Building Owner and Management are relying upon this Consent and Release in permitting me to use the Fitness Center and the facilities and equipment located therein.
By signing up for and/or attending UGDPHX classes, activities and other programs, and using UGDPHX’s premises, facilities, and equipment (collectively, Classes and Facilities),I acknowledge I have read and agree to abide by the Fitness Center’s Rules and Regulations and will not lend my facility access card to anyone or allow anyone into the Fitness Center with my card on penalty of revocation, without notice, of my Fitness Center privileges. I agree to return the card to the ugdphx front desk or staff member after use.
I hereby acknowledge that the Building Owner, Management, and their employees and agents have not made any representations or warranties with respect to the condition, use, maintenance or continuous operation of the Fitness Center and the equipment therein and that I am using the Fitness Center at my sole risk.
If any provision of this Consent and Release is found invalid, void, illegal or unenforceable, the remainder of this Consent and Release shall not be affected thereby and shall remain in full force and effect.