TERMS AND CONDITIONS
THE CYCLE LOFT Membership Terms & Conditions
Section 1: General Statement on Privacy, Personal Data, and Communications
• 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 The Cycle Loft via email, you are communicating electronically. You consent to receive communications from The Cycle Loft electronically. The Cycle Loft 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 The Cycle Loft provides electronically satisfy any legal requirement that such communications be in writing.
• User Provided Information. The Cycle Loft does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to The Cycle Loft. Personal information might be obtained from online transactions such as class and class package purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by The Cycle Loft must be voluntarily submitted by the user. The Cycle Loft may use the information provided to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.
• 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 the shopping cart and to help us monitor how individuals use the Website, which allows The Cycle Loft 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.
• Security Statement. The Cycle Loft makes every effort to ensure that all of the transactions that occur on the Website 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.
• Intellectual Property Rights. The trademarks and trade name of The Cycle Loft are proprietary to The Cycle Loft and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, The Cycle Loft. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of The Cycle Loft, is strictly prohibited. You acknowledge that The Cycle Loft and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. The Cycle Loft may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time. These Membership Terms & Conditions apply to every individual that purchases any type of membership, including individual rides, packages, series, and promotional specials.
Section 2: Fees and Payments
• Member’s Obligation. Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Member’s failure to use the facilities of The Cycle Loft (the “Club”). Payments are for the services and/or period, and at the rate as agreed to and set forth on Member’s “My Membership” page of The Cycle Loft’s website.
• Form of Payment. All payments (including monthly dues and/or per class payments and incidentals) are payable by electronic funds transfer from the Member’s credit card account or debit card account. We accept MasterCard, Visa, and American Express. Cash payments may only be made at The Cycle Loft studio. Member must authorize payments to be made through a third party administered electronic funds transfer system. Member maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Member’s prior authorization and when a Member authorizes any additional transaction, including but not limited to single rides/classes, ride series, class packages and retail transactions either on The Cycle Loft’s website or in The Cycle Loft, as well as charges associated with late cancellations and/or no-shows. In the case of monthly memberships, transfer of fees will take place automatically once every month.
• Returned Payment Penalty. Member will automatically be charged any bank fee imposed on The Cycle Loft, plus a processing fee of up to $25, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, The Cycle Loft retains the right to collect the current and past due balances in any subsequent month.
• Disputed Charge Penalty. In the event that a Member initiates a credit card dispute that is subsequently resolved in The Cycle Loft’s favor, The Cycle Loft shall have the right to charge Member up to $50 per occurrence.
• Cancellations. Member may cancel his or her reservation either on The Cycle Loft’s website or via The Cycle Loft’s mobile app no later than three hours prior to regularly scheduled classes or six hours prior to holiday or weekend scheduled classes. Rides not cancelled prior to that time will be charged a $20 late cancellation fee on the third offense for all regularly scheduled classes or a $10 late cancellation fee on the first offense for all holiday and weekend scheduled classes. This policy also applies to Members who do not show for the scheduled class.
Section 3: Membership
• Revocation of Membership. The Cycle Loft (in its sole discretion) may revoke Member’s membership and/or ride/class credits, at any time and without refund, in the event that Member engages in behavior that is unsafe or objectionable to other members or staff, or for reasons of nuisance, disturbance to other members or staff, moral turpitude or fraud, or personal hygiene and attire. The Cycle Loft also reserves the right to require Member to leave for the day if, in The Cycle Loft’s reasonable judgment, Member poses a health or safety risk to Member or others, or is disturbing or likely to disturb other members or staff.
• Cancellation: Membership may be cancelled on 30 days-notice after initial term.
• Use Privileges. Member must abide by the individual rules of membership. Additional fees may apply if Member chooses to use services outside of his or her membership privileges. Additionally, The Cycle Loft (in its sole discretion) reserves the right to revoke or suspend Member’s membership if Member is a monthly member, or ride/class credits if Member has purchased ride series or class packs, and allows persons other than Member to use Member’s membership ID number to book and/or attend rides or classes.
• Freeze Policy. If Member is a monthly member and is medically unable to use The Cycle Loft, Member may request a freeze of membership for up to six months. In such case, Member must provide a doctor’s note at the time of such request. The Cycle Loft reserves the right to verify the note with the doctor. For non-medical freeze privileges, please consult with the manager or send an email to email@example.com The Cycle Loft reserves the right to adjust the freeze policy from time to time.
Section 4: Member Risk
• Medical Recommendations. Member should consult with his or her physician or have a physical examination before using any of The Cycle Loft’s facilities or enrolling in any of The Cycle Loft’s classes, especially if Member is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
• Orientation. Member is strongly encouraged to request and take advantage of the free initial orientation (including bike fitting) and ongoing support available to ensure the proper and safe use of all of The Cycle Loft’s equipment.
• Member Conduct. Member shall not use The Cycle Loft’s facility, service or equipment in such a way as to endanger the health or safety of Member or others. Member shall be responsible for any property damage or personal injury caused by Member or his or her guests. Member agrees not to violate any laws while in The Cycle Loft.
• Activity Risk. Any strenuous athletic or physical activity involves certain risks. Member and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use The Cycle Loft facilities. The Cycle Loft cannot guarantee that any facility or equipment is free of risk. Member agrees to use care in the use of The Cycle Loft facilities, equipment and services and to protect against accidents by other members.
• Medical Disclaimer. Member has been informed and acknowledges that The Cycle Loft makes no claims as to medical or fitness results that can or may be obtained through use of The Cycle Loft’s facilities, equipment or services. The Cycle Loft has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.
• Member’s Health Warranty. Member represents that: (i) there are no medical or physical conditions that would preclude his or her use of The Cycle Loft’s facilities; (ii) he or she has not been instructed by any physician not to use The Cycle Loft; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
• Member Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions Agreement and/or by attending classes or otherwise participating in The Cycle Loft activities, Member hereby acknowledges and agrees that there are inherent risks in indoor cycling and exercise and in using the equipment associated with The Cycle Loft’s classes or instruction. Member assumes full responsibility for his or her use of The Cycle Loft’s facilities and shall indemnify The Cycle Loft, Inc. and its shareholders, affiliates, agents and employees, and, with respect to classes at The Cycle Loft, against any and all liability arising out of the use of the facilities. Additionally, Member and his or her guests shall hold The Cycle Loft, and, with respect to classes at The Cycle Loft, harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of The Cycle Loft use and membership activities.
• Prevailing Party. In the event Member commences an action against The Cycle Loft or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to The Cycle Loft for all costs and expenses associated with The Cycle Loft’s defense of the action or any claims on which Member did not prevail, including attorney’s fees and costs.
• Costs of Collection. Member agrees to pay all costs plus reasonable attorney’s and collection fees in connection with The Cycle Loft’s (or The Cycle Loft’s designee’s) collection of any amounts owed by Member.
• Loss of Property. Member is urged not to bring valuables onto The Cycle Loft premises and to keep valuables with him or her at all times. The Cycle Loft shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WITH REGARD TO THE WEBSITE, THE CYCLE LOFT AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. THE CYCLE LOFT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE CYCLE LOFT AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR ANY MATERIALS ON THE WEBSITE. THE CYCLE LOFT SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CYCLE LOFT AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE CYCLE LOFT AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE. THE CYCLE LOFT AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.
• Members and Guests Rules. Member and his or her guests shall abide by The Cycle Loft’s rules and regulations and any amendments and/or modifications thereto.
• Day Lockers. Lockers are provided solely for the benefit and convenience of the members. The Cycle Loft will remove any articles left in a locker overnight.
• Pets and Bicycles. Pets and bicycles are not permitted in The Cycle Loft.
• Dress Code. Proper athletic attire is required. The Cycle Loft reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
• Independent Contractors. From time to time, The Cycle Loft may make the services of independent contractors available to Member and his or her guests. The Cycle Loft does not warrant or guarantee the quality of these services.
• Guest Rules. Guests are permitted in The Cycle Loft, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign The Cycle Loft’s standard release agreement.
• Special Events. The Cycle Loft may from time to time reserve the use of its facilities for special events, competitions and private functions.
• Change in Operating Hours/Temporary Closing of The Cycle Loft. As a result of repair, maintenance, special occasions, or act of God, The Cycle Loft may be required to restrict the use or temporarily close its facilities or activities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at The Cycle Loft’s discretion.
• Children’s Use. All children under 18 years of age must either have a parent or guardian sign a waiver in The Cycle Loft or be accompanied by a parent or guardian at all times.
• Non-Discrimination. The Cycle Loft will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, membership in The Cycle Loft.
• Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
• Policy Changes. Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in The Cycle Loft’s policies. These Terms may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions.
• Enforcement. If any provision of Member’s contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
• Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the state of North Carolina, without regard to its conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in the State of North Carolina for any actions, suits or proceedings arising out of or relating to this agreement.
• Entire Agreement. This contract and all rules and regulations of The Cycle Loft, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership.