T & C

YOU VOLUNTARILY ACCEPT ALL TERMS.

MCYCLE LLC — TERMS OF USE, WAIVER, RELEASE OF LIABILITY, PURCHASE AGREEMENT & MEDIA CONSENT

PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, AND BINDING ARBITRATION PROVISION.

By purchasing, booking, attending, entering, participating in, or otherwise engaging with any service, facility, website, digital platform, event, or activity associated with Mcycle LLC (“Mcycle,” “Company,” “we,” or “us”), you agree to be legally bound by this Agreement.

This Agreement applies to all members, riders, guests, participants, spectators, and purchasers, whether participation occurs on-site, off-site, virtually, or in connection with Mcycle-sponsored or affiliated activities.

1. VOLUNTARY PARTICIPATION & ASSUMPTION OF ALL RISKS

You acknowledge that indoor cycling, strength training, fitness instruction, wellness programming, community events, promotional events, outdoor meetups, collaborations, and related activities involve inherent and significant risks, including but not limited to:

  • Serious bodily injury or death

  • Musculoskeletal injury or aggravation of existing conditions

  • Equipment malfunction or improper adjustment

  • Falls, collisions, or overexertion

  • Heat exposure, lighting effects, loud music, or environmental conditions

  • Emotional or psychological stress responses

These risks exist both on and off Mcycle premises, including third-party venues, sponsored events, outdoor activities, and travel to or from activities.

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM NEGLIGENCE.

2. COMPLETE RELEASE OF LIABILITY (MAXIMUM LEGAL SCOPE)

To the fullest extent permitted by Utah law, you irrevocably waive, release, and discharge Mcycle LLC and its:

  • owners, members, managers

  • instructors and independent contractors

  • employees and volunteers

  • landlords and property owners

  • sponsors, collaborators, and brand partners

  • event hosts and affiliated organizations

(collectively, the “Released Parties”)

from ANY AND ALL CLAIMS, including:

  • personal injury or death

  • emotional distress or mental anguish

  • negligent instruction or supervision

  • premises liability

  • equipment-related injury

  • exposure to other participants

  • property damage or loss

This waiver applies EVEN IF CAUSED BY THE ORDINARY NEGLIGENCE of any Released Party.

3. OFF-PREMISES & COMMUNITY EVENT LIABILITY WAIVER

You expressly agree that Mcycle is not responsible or liable for injuries, damages, or losses occurring:

  • at off-site events

  • charity or scholarship events

  • brand collaborations

  • outdoor rides or workouts

  • social gatherings or meetups organized by instructors or members

  • third-party venues or partner locations

Participation in any community or promotional event is entirely voluntary and at your sole risk.

4. EMOTIONAL DISTRESS & EXPERIENCE DISCLAIMER

You acknowledge that fitness environments involve motivational coaching, loud music, group energy, and emotionally expressive instruction.

You agree that:

  • coaching language, music content, lighting, or atmosphere may be intense or emotionally charged;

  • personal emotional reactions are subjective and voluntary.

You waive any claim for emotional distress, offense, discomfort, or psychological impact arising from participation.

5. INDEMNIFICATION (YOU PROTECT MCYCLE)

You agree to fully indemnify and defend Mcycle against any claim arising from:

  • your participation,

  • injury caused to another participant,

  • misuse of equipment,

  • violation of studio policies,

  • conduct of guests you bring.

You are responsible for all legal fees and costs incurred by Mcycle as a result of such claims.

This obligation survives indefinitely.

6. STRICT NO-REFUND & FINAL SALE POLICY

ALL SALES ARE FINAL.

No refunds, reversals, or credits will be issued for any reason, including but not limited to:

  • illness or injury

  • travel

  • scheduling conflicts

  • dissatisfaction

  • relocation

  • weather conditions

  • unused classes or memberships

Expiration dates are absolute and non-extendable.

7. CHARGEBACK & PAYMENT DISPUTE ENFORCEMENT

By completing a purchase, you agree:

  • Not to initiate a credit card dispute or chargeback without first contacting Mcycle in writing.

  • A chargeback constitutes fraud and material breach of this Agreement.

If a chargeback occurs, Mcycle may:

  • immediately terminate account access,

  • permanently ban future participation,

  • submit signed agreements and attendance records to payment processors,

  • pursue recovery including collections, arbitration, and legal action.

You agree to pay all associated recovery costs, including attorneys’ fees and administrative expenses.

8. BOOKING, CANCELLATION & ATTENDANCE POLICIES

All cancellation and late policies are strictly enforced without exception.

  • Cancellation required ≥ 8 hours before class.

  • Late cancel and no-show fees automatically apply.

  • Late riders may be denied entry.

  • Bikes may be released prior to class start.

  • System automation determines enforcement and is final.

No exceptions will be made.

9. AUTO-DEBIT AUTHORIZATION

You authorize recurring charges for memberships, fees, penalties, and outstanding balances.

Failure of payment does not cancel your financial obligation.

Mcycle may suspend access and pursue collections for unpaid balances.

10. PHOTO, VIDEO & MEDIA RELEASE (COMMERCIAL USE)

You grant Mcycle an irrevocable, perpetual, worldwide license to photograph, film, or record you within any Mcycle environment or event.

You consent to use of your likeness, voice, image, or performance for:

  • marketing

  • advertising

  • social media

  • promotional campaigns

  • commercial purposes

without compensation or approval rights.

You waive any claim relating to privacy, publicity rights, or compensation.

11. SOCIAL MEDIA & ONLINE CONTENT LIABILITY

Mcycle is not responsible for:

  • comments or conduct of other members online or in person,

  • reposting of publicly shared content,

  • third-party tagging or sharing.

You assume responsibility for content you post or share.

12. INDEPENDENT CONTRACTOR PROTECTION

Many instructors operate as independent contractors. You agree Mcycle is not liable for individual instructor actions beyond the scope required by law.

13. PERSONAL PROPERTY DISCLAIMER

Mcycle is not responsible for lost, stolen, or damaged belongings anywhere on or near studio premises.

14. RIGHT TO REFUSE SERVICE

Mcycle reserves absolute discretion to refuse service, cancel memberships, or remove individuals at any time, with or without cause, and without refund.

15. BINDING ARBITRATION & CLASS ACTION WAIVER

ALL DISPUTES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.

You waive:

  • jury trials

  • court proceedings

  • class actions

  • representative claims

All claims must be brought individually.

16. LIMITATION OF DAMAGES

To the fullest extent permitted by law, Mcycle’s total liability shall never exceed the amount paid by you to Mcycle within the preceding thirty (30) days.

Mcycle shall not be liable for indirect, consequential, incidental, punitive, or special damages.

17. GOVERNING LAW

This Agreement is governed exclusively by the laws of the State of Utah.

18. SEVERABILITY

If any provision is deemed unenforceable, all remaining provisions remain fully enforceable.

19. LEGAL ACKNOWLEDGMENT

BY PURCHASING, BOOKING, OR PARTICIPATING, YOU ACKNOWLEDGE:

  • YOU HAVE READ THIS AGREEMENT IN FULL;

  • YOU UNDERSTAND YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS;

  • YOU VOLUNTARILY ACCEPT ALL TERMS;

  • THIS AGREEMENT IS INTENDED TO BE AS BROAD AND ENFORCEABLE AS PERMITTED BY LAW.