TERMS & CONDITIONS
This policy governs your use of the CYCLESURF STUDIO Website (the “Website”) and the CYCLESURF STUDIO Mobile Application (the “App”). The Website and the App are designed to allow users to make class/package/membership and event purchases, register for classes, and stay informed about and communicate with CYCLESURF STUDIO, Inc. (“CYCLESURF STUDIO”).
COMPLIANCE WITH NEW CLIENT WAIVER, SAFETY INSTRUCTIONS AND COMMUNITY GUIDELINES
By using this website and specifically attending CYCLESURF STUDIO Classes you are agreeing to keep, obey and abide by the CYCLESURF STUDIO New Client Waiver, Safety Instructions and Community Guidelines all available on this website and in printed form at the studio. These documents serve as a direct codicil to these CYCLESURF STUDIO Terms & Conditions.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or the App, 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, use the App or communicate with CYCLESURF STUDIO via email, you are communicating electronically. You consent to receive communications from CYCLESURF STUDIO electronically. CYCLESURF STUDIO will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that CYCLESURF STUDIO provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
CYCLESURF STUDIO does not collect any personal information – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to CYCLESURF STUDIO. Personal information might be obtained from online transactions such as 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 or App. Any personal identification information retrieved by CYCLESURF STUDIO must be voluntarily submitted by the user. CYCLESURF STUDIO may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collect 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 and App, which allows CYCLESURF STUDIO 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 address.
CYCLESURF STUDIO makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption and will endeavor to stay current in this area as technology migrates quickly. 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 and App. 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.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https:// where the additional ‘s’ stands for ‘secure’ and indicates a secure connection to the CYCLESURF STUDIO website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
HOW INFORMATION IS USED
The following are examples of how CYCLESURF STUDIO might use the personal information collected through the Website and/or App:
- If you purchase a CYCLESURF STUDIO package, sign up for a CYCLESURF STUDIO class, or purchase CYCLESURF STUDIO retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
- If you indicate that you are interested in receiving CYCLESURF STUDIO related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website or App:
- Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall CYCLESURF STUDIO experience.
You can help CYCLESURF STUDIO maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. CYCLESURF STUDIO will never share telephone numbers, email addresses, or any personal data with third parties.
CYCLESURF STUDIO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion at any time without notice.
PRIVACY OF MINORS & OTHER MINOR CONSIDERATIONS
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. CYCLESURF STUDIO does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 11-17) must be completed in person at one of our studios with a parent or guardian. Minors (ages 11-17) who have submitted a New Client Waiver Form signed by a parent or guardian in person at the studio, may sign up for classes online. Please note: The minimum height requirement for CYCLESURF bikes is 4’11”, as the bike mechanism and ergonomics are designed for riders 4’11” or taller. There are no height minimums for the CYCLESURF boards.
If CYCLESURF STUDIO discovers that personal information has been submitted by a minor without a signed New Client Waiver Form, CYCLESURF STUDIO reserves the right to delete such information. CYCLESURF STUDIO does not seek or share personal information from minors throughout the Website or App.
When making a reservation for a specific class it comes with the express intent to purchase the class or apply previously purchased class credits against the class with the only exception being the first fee class offer. Currently CYCLESURF STUDIO provides our community with the ability to register for classes without pre-paying. You may buy an individual class or package online, you can either sign up here on our website by using your email and creating a password, or if you are already registered, click login to make your reservation and buy a class or class pack. CYCLESURF STUDIO reserves the right to remove the first free class option and/or require payment before class booking in the future without notice.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, Discover and American Express. Cash payments may only be made in a CYCLESURF STUDIO. You can reserve classes online in advance up to several weeks in advance, but not later than 2 hours prior to class time. Deadlines always apply regardless of available functionality within the Website or App. Please Note: There are no refunds.
Your credit/debit card will be charged for your order immediately when making a purchase through the CYCLESURF STUDIO website. CYCLESURF STUDIO will not process charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for all fees, including a $25 per charge processing fee, associated attorneys’ fees, and collection costs that CYCLESURF STUDIO incurs in its efforts to collect from you.
Generally, should your payment method be rejected for any reason then the $25 processing fee shall be applied and another form of payment must be presented within 14 calendar days from payment rejection by you to CYCLESURF STUDIO, Inc.
CYCLESURF STUDIO MEMBERSHIP PLAN GENERAL POLICIES
CYCLESURF STUDIO Membership Plans are for 6 or 12 months in duration. You must physically come into your CYCLESURF STUDIO location to finalize the purchase of a membership. When you purchase a membership plan you are agreeing to pay CYCLESURF STUDIO, Inc. in full for this plan (month-to-month per your selected payment form or fully in advance). For memberships, if the previously stated 14-day window is not met due to a credit card or bank rejected payment, then the entire balance shall become due in full immediately and you are obligated to pay within 30 calendar days from original payment rejection date.
If you are on a month-to-month agreement, CYCLESURF STUDIO will attempt to notify you of the billing but will process the payment each month on or near the date of your original Membership Agreement. All membership plans auto renew upon term completion, unless CYCLESURF STUDIO is notified in person prior to the final payment of your intention not to renew the membership, which shall be within the final month of your agreement. CYCLESURF STUDIO reserves the right to increase pricing at the end a membership agreement term with written, e-mail or studio posted notification considered as reasonable and due notice. There is no assumption of exclusivity for CYCLESURF STUDIO, Inc. or fixed pricing associated with any of its agreements. CYCLESURF STUDIO may modify pricing and pricing formats at any time upon its sole discretion. Memberships are nontransferable.
MEMBERSHIP REFUNDS & CANCELLATION POLICY.
There are no CYCLESURF STUDIO membership refunds (a partial refund can be approved with proper military orders requiring a permanent move of over 30 miles from the nearest CYCLESURF STUDIO location using a ‘crow fly’ straight line analysis method). A membership contract cannot be cancelled or terminated without the full balance being paid, after the initial five calendar day consideration period, and must be paid in full at CYCLESURF STUDIO; the only exception being active duty military as previously outlined. After executing a membership agreement you have a five calendar day consideration period to cancel your membership with CYCLESURF STUDIO. Cancellation within the first five calendar days must be done in person at the CYCLESURF STUDIO location where you originally executed the agreement: CYCLE SURF STUDIO #1, 633 WEST HIGHWAY 50, O’FALLON, IL 62269. Should you die or become permanently disabled after the date the membership agreement takes effect, you/your estate may cancel your contract and receive a partial refund from the date of death or permanent disability. Please mail a notice to the address above by certified mail with your cancellation request and reason with contact name, address and phone number. Certified proof of death or disability may be required for such cancellation and partial refund.
CLASS CANCELLATION POLICY
In order to cancel a CYCLESURF STUDIO class and return it to your account, you must unreserve by 5 PM (local time at your CYCLESURF Studio location) the afternoon prior to the class. Once your class is cancelled, it will be returned to your account to be used at a future date; the class is not refunded to your credit/debit card. If you haven’t cancelled your class by 5 PM the day before, your scheduled class will be charged to your package.
You can cancel your reservation in the following ways but both must be completed by 5pm the afternoon before your class day:
1) Log into your account and cancel the class directly on-line;
2) Call the studio where you’re booked to cancel the class for you.
Please note, in fairness to all our customers, NO-SHOW SPOTS WILL BE RELEASED 5 MINUTES BEFORE THE START OF CLASS.
IF YOU ARE RUNNING LATE
We ask that you call the studio to let us know you are on the way. The Instructor will hold a reservation for up to 5 minutes after class begins though we cannot guarantee you a specific spot/piece of equipment in the class. Riders who are more than 5 minutes late will not be admitted into class as it is too disruptive.
IF YOU ARE LEAVING EARLY
If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time and please choose equipment nearest the door you will be leaving through.
CYCLESURF STUDIO is not guaranteeing class availability in any way at any time to our customers/members. We do welcome a dialog if class schedules are not meeting your personal schedule so we can work to make your membership enjoyable but cannot commit to schedule modification unless there are enough members to fill a class as CYCLESURF STUDIO is generally not a personal training gym but a class-based fitness studio.
CLASS TRANSFER DISCLAIMER
CYCLESURF STUDIO offers different class categories of classes for Cycle, Surf and Combined (such as Peddle Paddle and Boot Camps) which can be purchased as individual classes or as packages allowing our customers to select the options that best suit their individual needs. Customers may take advantage of CYCLESURF STUDIO’s Class Transfer to avoid the burdens of having to purchase separate class packages based upon the class category (and location in the future) in which they wish to attend class. Before purchasing any class or package, it is important to read the written descriptions provided by CYCLESURF STUDIO of what is included in that class or package, and rules/limitations on your ability to redeem them. For the convenience and flexibility of our customers, all CYCLESURF classes are presently priced from the same pricing table which allows customers the ability to book any class (Cycle, Surf or Combined) at their discretion. This pricing policy may change at any time in the future with no notice required by CYCLESURF STUDIO.
PLEASE NOTE: CYCLESURF STUDIO reserves the right in the future to vary pricing by category and/or location. Should this occur class and specific location credits may only be redeemed for another category or at another CYCLESURF STUDIO location that has a per class price that is equal to, or lesser than, the class/classes/package you have purchased. Upon the redemption of a class, a full class will be deducted from the package regardless of where the customer attended the class or whether the customer could have paid a lower price for a single class or package of classes at the location where the class was redeemed. In other words, you may choose to transfer a previously purchased, more expensive class, for a class that is available as part of a less expensive package or is less expensive on a per-class basis. Upon redemption, in exchange for the benefit of being able to use the class or classes you purchased at any location, you will be treated as having used the full class with no consideration for the difference. If you do not wish to use Class Transfer for a lower priced class, you can simply purchase another class or package for the category or location in which you wish to attend. The expiration dates and cancellation policy for classes that have been transferred are identical to classes that have not been transferred as such expiry dates follow the original policies and guidelines that were in effect at the time of the original purchase. Memberships will always be location specific with the ability to transfer them to our other locations as we open more studios in the future but this could result in a higher membership price.
LINKS/THIRD PARTY WEBSITES
CYCLESURF STUDIO has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the CYCLESURF STUDIO logo, please understand that it is independent from CYCLESURF STUDIO, and that CYCLESURF STUDIO has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with CYCLESURF STUDIO.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of CYCLESURF STUDIO are proprietary to CYCLESURF STUDIO and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, CYCLESURF STUDIO. You have the right to view, electronically copy, and print in hard copy portions of the Website and App 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 CYCLESURF STUDIO, is strictly prohibited.
You acknowledge that CYCLESURF STUDIO and/or third party content providers remain the owners of all Website and App 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 and Conditions. CYCLESURF STUDIO may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time without prior notice of any kind.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of CYCLESURF STUDIO to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of CYCLESURF STUDIO’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any CYCLESURF STUDIO products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, CYCLESURF STUDIO’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use CYCLESURF STUDIO’s material will automatically terminate and any copies made of CYCLESURF STUDIO’s material must be immediately destroyed.
Any unauthorized use of CYCLESURF STUDIO’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will CYCLESURF STUDIO be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information systems or otherwise, including any claims waived by you previously in any CYCLESURF agreement even if CYCLESURF STUDIO expressly advised of the possibility of such damage. CYCLESUF STUDIO liability shall be limited to $1,000 or the total amount paid by the customer bringing a claim (not to exceed and capped at $2,000); whichever amount is higher.
All information is provided by CYCLESURF STUDIO on an “as is” basis only. CYCLESURF STUDIO provides no representations and warranties, express or implied, including implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
EQUIPMENT DISCLAIMER – LEMOND REVMASTER BIKES, SURFSET FITNESS BOARDS & OTHER EQUIPMENT
CYCLESURF STUDIO, Inc. assumes the LEMOND REVMASTER BIKES (or similar bikes from the same or other manufacturers utilized in their studios) and the SURFSET FITNESS BOARDS (or other similar boards from the same or other manufacturers utilized in their studios) work as marketed. We expect you to utilize this equipment as directed by CYCLESURF STUDIO staff. CYCLESURF STUDIO, Inc. shall have no liability for any performance or equipment defects, or injuries resulting from correct or incorrect usage, or other injuries associated with this or any other equipment or systems (FITNESS or GENERAL IN NATURE) located within CYCLESURF STUDIO locations.
Neither you the customer/member nor CYCLESURF STUDIO, Inc. shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
CHOICE OF LAW
The Website, App, and your use hereof, are governed by the laws of the State of Illinois, without regard to any choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Illinois through arbitration (see Assumption of Risk for details).
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in CYCLESURF STUDIO’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current policy and privacy guidelines, including changes and modifications.
ASSUMPTION OF RISK, WAIVER AND RELEASE INCLUDING VALUABLES/PERSONAL PROPERTY & COMMUNITY ETIQUETTE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of CYCLESURF Studio, Inc., its subsidiaries and partner facilities, and all classes taught by or techniques developed by Jessica Hance, and all other instructors either on premise or off premise (collectively, “CYCLESURF STUDIO”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers involved with stationary spin bikes, fitness surfboards, and all other exercise equipment in association with the Classes and Facilities of CYCLESURF STUDIO. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid such injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, strokes, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand the CYCLESURF STUDIO Safety Instructions that are included within this website and provided to you by CYCLESURF STUDIO staff (should you visit in person). At all times, you shall comply with these Safety Instructions and all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the CYCLESURF STUDIO staff, you would be at physical risk participating in any or all CYCLESURF STUDIO classes, you understand and agree that you may be denied access to Classes and/or Facilities until you furnish CYCLESURF STUDIO with an opinion letter from a medical doctor, at your sole cost and expense, specifically addressing the concerns of CYCLESURF STUDIO and clearly stating that these specific concerns are unfounded. Minors (anyone under the age of 18 years of age) are subject to and covered by these Terms & Conditions.
In consideration of being allowed to participate in CYCLESURF STUDIO Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you, your family members or visitors in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless CYCLESURF STUDIO, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of CYCLESURF STUDIO Classes and Facilities (including stationary spin bikes or fitness surfboards), (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using CYCLESURF STUDIO Classes and Facilities, and should not be participating in any Classes. Based upon local laws, CYCLESURF STUDIO may be equipped with an AED (Automated External Defibrillator) but this in no way implies liability for resuscitation or the timely accurate usage of the AED machine. All claims and disputes are to be settled by binding arbitration in the state of Illinois by a mutually agreed upon AAA (American Arbitration Association) arbitrator. An award of arbitration may be confirmed in a court of competent jurisdiction. You have read this Assumption of Risk, Waiver, and Release, fully understand its terms, and understand that you are giving up substantial rights including your right to sue CYCLESURF STUDIO under most circumstances. You acknowledge that you are signing all documents freely and voluntarily. You acknowledge and agree that all terms are indefinite, and covers you, your visitors to the facility, and family members including minors.
VALUABLES AND PERSONAL PROPERTY
You acknowledge that you have been urged to avoid bringing valuables to the Facilities and that CYCLESURF STUDIO shall not be liable for the loss of, theft of, or damage to your personal property, including items left inside or outside the fitness room, general fitness area, or anywhere else in the Facilities, or anywhere outside the Facilities including the parking lots. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables
To preserve the CYCLESURF STUDIO community, you agree to abide by CYCLESURF STUDIO Community Guidelines available to you and will not be refunded fees if asked to leave as a result of breaking these rules. CYCLESURF STUDIO reserves the right to deny access to any person acting inappropriate, unsafe or inebriated at its sole discretion without refunding fees.
MEMBER & CLASS ATTENDEE SOLE RISK STATEMENT
All exercising or activities done within a CYCLESURF STUDIO Class either on premise or off premise regardless of exercise type or apparatus required shall be at your sole risk. These terms refer to you the member, and all family members and friends (including minors), considered class attendees, attending CYCLESURF STUDIO classes with you.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of all Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of all changes.
NOTICE TO PURCHASER
Do not purchase classes, class packs or memberships until you have read all CYCLESURF STUDIO policies (included within Waivers and these Terms & Conditions) and the documents referenced herein available within this website. Also, by purchasing anything from CYCLESURF STUDIO you are fully consenting to and accepting these terms, and all referenced documents. These Terms & Conditions in no way confer any rights to use CYCLESURF STUDIO, Inc. facilities, collateral or branding for your own usage and/or purpose.
Thanks for your help in maintaining our awesome CYCLESURF community – PEACE, LOVE, CYCLESURF!