Terms of Service

CYCLESOCIETY liability release waiver

THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify CYCLESOCIETY, LLC, (hereinafter “CYCLESOCIETY”), its parents, subsidiaries, and affiliates, and all of their respective members, employees, heirs, successors, agents, contractors, and assigns (collectively the “Released Parties”). Participant, or the parent or legal guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Releasing Parties”) hereby grants to the Released Parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program.

Participant is entering into this Release after having the opportunity to view the studio and having had an opportunity to ask questions regarding the services and risks associated with this exercise program. Any questions Participant has asked have been answered to Participant’s complete satisfaction.

Participant will not teach, copy, reproduce, alter, modify, record, or create derivative works from any of the proprietary exercises, movements, class formats, or choreography from this studio, its agents or employees, or materials affiliated with it. Participant understands that any violation of this clause, on his/her behalf or on that of any affiliated entity, will be enforced to the maximum extent permitted by law and will include, but is not limited to, injunctive relief, actual and punitive damages, as well as attorney fees and costs.

Participant is voluntarily participating in the activity with full knowledge, understanding, and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death, which  could occur by reason of Participant’s participation. Participant, including the Releasing Parties, hereby releases the Released Parties from any liability and agrees not to sue the Released Parties with respect to any cause of action for bodily injury, property damage, or death arising out of any of the activities or programs herein or in the use of any equipment at this or any other premises of the Released Parties.

Participant hereby assumes full responsibility for risks of bodily injury, property damage, or death to Participant due to the ordinary negligence or gross negligence of the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in the exercise program.

Participant, including the Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost, the Released Parties from any and all claims arising out of Participant’s participation in the exercise program, without limitation, attorneys’ fees and expenses incurred by the Released Parties.

All personal property brought to the studio is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any personal items left by Participant in this facility. Participant hereby agrees to permit CYCLESOCIETY to use without compensation images of Participant as a program participant in internal and external promotional material. This includes any printed material, broadcast and print advertising, promotional videos, and websites, which are produced or published by CYCLESOCIETY. All such materials are the property of CYCLESOCIETY.

Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the State of California. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible.

PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELASE AND INDEMNITY AGREEMENT.

COVID-19 PANDEMIC I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. I further understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact and accordingly, federal and state health agencies recommend social distancing. I recognize that the staff at CYCLESOCIETY are closely monitoring this situation and have put in place reasonable preventive measures targeted to reduce the spread of COVID-19. Given the nature of the virus, however, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with this indoor cycling class. Accordingly, I acknowledge and assume the risk of becoming infected with COVID-19 through voluntary attendance of classes at CYCLESOCIETY and I give my express permission for the staff at CYCLESOCIETY to proceed with the same.

I understand that even if I have been tested for COVID and received a negative test result, the tests in some cases may fail to detect the virus or I may have contracted COVID after the test. I understand that I could have a COVID-19 infection and even if I do not have any symptoms. I understand that possible exposure to COVID-19 before/during/after class may result in any of the following: a positive COVID-19 diagnosis, extended quarantine/self-isolation, additional tests, hospitalization that may require medical therapy, intensive care treatment, the possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death.

In addition, after any class I electively attend at CYCLESOCIETY, I may need additional care that may require me to go to an emergency room or a hospital. I understand that COVID-19 may cause additional risks, some or many of which may not currently be known at this time. I have been opted in to attend this class, despite being given the option to ride at a later date. However, I understand all the potential risks, including, but not limited to the potential short-term and long-term complications related to COVID-19, and I would like to proceed with attending classes at CYCLESOCIETY.

 

By clicking agree, I agree to the terms above and acknowledge that I should consult my medical practitioner prior to participating in any activities with CYCLESOCIETY or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.