TERMS AND CONDITIONS
REVIEW AND AGREE BELOW
PARTICIPATION WAIVER AND RELEASE
In consideration for being permitted to sign up for, access and/or attend classes,
events, activities, and other programs (individually and /or collectively, the “Classes”)
and for using the premises, facilities and equipment (individually and/or collectively,
the “Studio”) of this independently owned and operated The Sun Cycle, I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers associated with cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not.
I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that The Sun Cycle provides the Studio “AS IS” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
I will inspect The Sun Cycle and my observation and use of the same shall constitute an acknowledgment that I find and accept such premises to be safe and reasonably suited for their intended purpose(s).
If I do find any unsafe or unreasonably suited conditions with The Sun Cycle, I will immediately cease to continue with any activity and will immediately notify an employee of The Sun Cycle of the unsafe or unreasonable suited conditions.
I assume the risk of any and all accidents or injuries of any kind that my may be sustained by, or in connection with, use of the premises of The Sun Cycle and agree to use care in the use of The Sun Cycle and to protect against accidents to and by other participant.
I am aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death.
I understand that The Sun Cycle shall have no responsibility to pay for medical treatment and related costs if I am injured.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of The Sun Cycle.
I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in Classes at The Sun Cycle or enrolling in any Classes at The Sun Cycle, especially if I have a history of heart disease, high blood pressure or other chronic illness, or am unaccustomed to physical exertion or have other physical limitations.
If in the subjective opinion of The Sun Cycle staff, I would be at physical risk participating in The Sun Cycle Classes, I understand and agree that I may be denied access to the Classes until I furnish The Sun Cycle with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of The Sun Cycle stating that the concerns of The Sun Cycle are unfounded and without medical merit.
I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio; release, indemnify, and hold harmless The Sun Cycle, and their direct and indirect parent, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of The Sun Cycle Studio; and represent that I
(a) have no medical or physical condition that would prevent me from properly using any of The Sun Cycle Classes,
(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise such as that offered by The Sun Cycle.
I further understand and acknowledge that The Sun Cycle does not manufacture fitness or other equipment or products available in The Sun Cycle Studio and therefore The Sun Cycle will not be held liable for defective equipment or products.
Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge The Sun Cycle from any and all claims, demands, injuries, damages, actions or causes of actions (collectively, “Claims”) related to my participation in Classes and use of the Studio and hereby agree to defend, indemnify and hold harmless The Sun Cycle from and against any such Claims.
I am aware and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using The Sun Cycle’s Classes and Studio, and should not be participating in any Classes which would cause increased risk of injury or adverse health consequences as a result of exercise.
I am aware and acknowledge The Sun Cycle makes no claims as to medical results that can or may be obtained through participation in Classes and use of The Sun Cycle Studio. The Sun Cycle has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of The Sun Cycle unless such advice has been verified by participant’s physician.
I hereby irrevocably consent to and grant The Sun Cycle the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by The Sun Cycle employees or at The Sun Cycle Studio and events, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, The Sun Cycle records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press, conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and The Sun Cycle my make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in full force and effect.
I acknowledge that I have read this PARTICIPATION WAIVER AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms and understand that I am giving up substantial rights including by right to sue The Sun Cycle under certain circumstances. Further I acknowledge that I fully understand the terms of PARTICIPATION WAIVER AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.
II RESERVATIONS, CHARGES, CLASSES AND GIFT CHARGES
In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.
Class or Series of Classes Price Expiration
1 Class $20.00 Expires in 30 days
14 day unlimited $99.00 Expires in 14 days
Class or Series of Classes Price Expiration
1 Class $30.00 Expires in 30 days
5 Classes $138.00 Expires in 45 days
10 Classes $264.00 Expires in 3 months
20 Classes $525.00 Expires in 9 months
30 Classes $755.00 Expires in 12 months
Class or Series of Classes Price Expiration
4 Classes/Month $109.00 Expires in 30 days
8 Classes/Month $212.00 Expires in 30 days
12 Classes/Month $308.00 Expires in 30 days
Unlimited Classes/Month $348.00 Expires in 30 days
III CANCELLATION POLICY FOR RESERVATIONS
In order to cancel a reservation in The Sun Cycle class and return it to your account, you must un-reserve it 12 hours prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date, the class is not refunded. If you haven’t cancelled it by 12 hours before the class, your scheduled class will be charged to your series.
If you are on an unlimited monthly plan, and no show or late cancel a class, you will incur a $20.00 no show fee.
5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel The Sun Cycle Agreement at any time prior to midnight of the fifth business day of the after the date of The Sun Cycle Agreement, excluding Sundays and holidays. To cancel The Sun Cycle Agreement, email or deliver a signed and dated notice that states that you, the buyer, are cancelling this agreement, or words of similar effect. The notice shall be sent via email from an email address on file with The Sun Cycle.
V THE SUN CYCLE RENEW TERMS AND CONDITIONS
The Sun Cycle is a subscription feature that automatically refills your classes on a monthly basis. Class packs are available for purchase in quantities of 4, 8, 12 or 16 classes. The Sun Cycle subscriptions — 2 month minimum— will continue to renew automatically on a continuous month-to-month basis until the subscription is cancelled by the rider or The Sun Cycle. Recurring subscription charges will be charged to the card the rider provides at the time of purchase and the rider authorizes The Sun Cycle to charge the card upon each renewal. The Sun Cycle class packs expire after thirty (30) days and unused classes will not rollover into the following month. Cancellation Policy: Unless otherwise stated at the time of purchase, you can cancel your subscription at any time by emailing The Sun Cycle. Please submit cancellation requests at least twenty-four (24) hours prior to the next billing cycle to avoid being billed for the following month. No refunds will be provided if you do not cancel at least twenty-four (24) hours before your billing date.