Studio Liability Release
CYCLEWARD STUDIO, LLCMEMBERSHIP TERMS & CONDITIONS
These Membership Terms & Conditions apply to everybody who purchases any type of membership, the main office of Cycleward Studio, LLC (hereinafter “Cycleward” and/or “Club”) is located at 6161 N. Federal Highway, Fort Lauderdale, FL 33308 .
Membership may be cancelled on 30 days notice (via website) after initial term and as set forth at Cyclewardstudio.com.
Section 1: Florida State Health Studio Provisions-- FL Stat. §501.017
Cycleward provides for a penalty-free cancellation of the contract within 3 days, exclusive of holiday and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that he health studio may retain an amount computed by dividing the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.
If Cycleward goes out of business or moves more than five (5) driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles of the business location designated in such contact at no additional cost to the buyer.
Any notice of intent to cancel by the buyer shall be given in writing to Cycleward. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom Cycleward has subrogated or assigned the consumer’s contract. If Cycleward wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.
If the department determines that refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of Cycleward shall not be deemed out of business when temporarily closed for repair and renovation of the premises. Upon sale, for not more than 14 consecutive days; or During ownership, for not more than seven (7) consecutive days and note more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
The buyer should to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.
If the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of the those services which her or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to Cycleward a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE
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 Cycleward Studio, LLC (the “Club”). Payments are for the services and/or period, and at the rate as agreed to and set forth on Member’s “Membership” page of the Club’s website, www.Cyclewardstudio.com.
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. 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 Club’s website or in a Club, and charges associated with late cancellation (after 5 p.m. the day before the ride or class) 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 Club, 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 Club 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 Cycleward’s favor, Cycleward shall have the right to charge Member up to $50 per occurrence.
Cancellations. Member may cancel his or her reservation (on the Club’s website) no later than 5 pm the day prior to the reserved ride in order to receive a full ride credit. Rides not cancelled prior to that time will be charged to Member. For monthly members, a penalty fee of $20 per reservation will apply, in the event Member does not cancel such reservation before 5 pm the day prior to the ride.
Section 3: Membership
Revocation of Membership. The Club (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 Club also reserves the right to require Member to leave for the day if, in the Club’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.
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 Club (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 Club, 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 Club reserves the right to verify the note with the doctor. For non-medical freeze privileges, please consult with the on-site Club manager, or send an email to info@Cyclewardstudio.com. The Club reserves the right to adjust the freeze policy from time to time. Freezing membership for any period of time does not relieve Member from any minimum monthly membership commitment, as may be required for certain types of membership.
Section 4: Member Risk
Medical Recommendations. Member should consult with his or her physician or have a physical examination before using any of the Club’s facilities or enrolling in any of the Club’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 Club’s equipment.
Member Conduct. Member shall not use any Club 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 a Club.
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 of Club facilities. The Club cannot guarantee that any facility or equipment is free of risk. Member agrees to use care in the use of Club facilities, equipment and services and to protect against accidents by other members.
Medical Disclaimer. Member has been informed and acknowledges that the Club makes no claims as to medical or fitness results that can or may be obtained through use of the Club’s facilities, equipment or services. The Club 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 Club’s facilities; (ii) he or she has not been instructed by any physician not to use Club; 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 Club activities, Member hereby acknowledges and agrees that there are inherent risks in indoor cycling and exercise and in using the equipment associated with the Club’s classes or instruction. Member assumes full responsibility for his or her use of the Club’s facilities and shall indemnify Cycleward Studio, LLC, and its shareholders, affiliates, agents and employees, and, with respect to classes conducted at Cycleward against any and all liability arising out of the use of the facilities. Additionally, Member and his or her guests shall hold the Club with respect to classes at Cycleward harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of Club’s use and membership activities.
Prevailing Party. In the event Member commences an action against the Club 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 Club for all costs and expenses associated with Club’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 Club’s (or Club’s designee’s) collection of any amounts owed by Member.
Loss of Property. Member is urged not to bring valuables onto Club premises and to keep valuables with him or her at all times. The Club shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
Members and Guests Rules. Member and his or her guests shall abide by the Club’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 Club will remove any articles left in a locker overnight.
Pets and Bicycles. Pets and bicycles are not permitted in the Club.
Dress Code. Proper athletic attire is required. The Club reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
Independent Contractors. From time to time, the Club may make the services of independent contractors available to Member and his or her guests. The Club does not warrant or guarantee the quality of these services.
Guest Rules. Guests are permitted in the Club, 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 Club’s standard release agreement.
Special Events. The Club 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 Club. As a result of repair, maintenance, special occasions, or act of God, the Club 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 Club’s discretion.
Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Club unless they are in a supervised activity. Children under age 13 are not permitted in any Club facility without the express permission of Club management.
Child care policies.
Maximum time allowed per day – 1 hour. Parents or Guardians of the child must not leave the facility while their child(ren) is in child care. For the well-being of the other children, please refrain from bringing a sick child into the childcare area. Please label all of your child’s belongings with his/her name. The childcare room will provide age appropriate toys. For safety and hygienic reasons we ask that children refrain from bringing their own toys to childcare. Children will remove shoes while in the childcare room. Please feel free to bring a pair of socks for comfort. Disruptive or inappropriate behavior will not be tolerated. In these circumstances, parents will be notified immediately. If a child is inconsolable for more than 10 minutes, parents will be notified and asked to return to the childcare area to assist staff. Children will be released ONLY to the person who dropped them off. Medications will not be administered by childcare staff.
Non-Discrimination. The Club 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 Club.
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.
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 Florida, 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 Florida for any actions, suits or proceedings arising out of or relating to this agreement.
Entire Agreement. This contract and all rules and regulations of Cycleward Studio, LLC, 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. This agreement may be modified only by an instrument in writing and only by Cycleward Studio, LLC.