T & C
This information is very important.
READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Indoor cycling, events, and activities organized by Mcycle LLC, of 350 West 400 South, Salt Lake City, Utah, 84101 and/or use of the property, facilities and services of Mcycle LLC, I, (Yourself), agree for myself and (if applicable) for the members of my family, to the following:
At Mcycle, we believe every ride, rider, and community member matters. Our goal is to do our best to ensure that every experience with Mcycle will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at hello@mcyclestudios.com or write to us at Mcycle Studios at 355 West 400 South SLC, UT. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
By accepting the Terms, you and Mcycle agree to submit any and all Disputes to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). The arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Mcycle initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Mcycle or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Mcycle. We and you agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as representative action, consolidated action or private attorney general action).
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Mcycle LLC, or the employees, representatives or agents of Mcycle LLC. Mcycle conducts high-intensity cardio classes on a stationary bicycle. Please be aware that temperatures may reach 78° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, you may check with our staff to find another instructor to meet your needs.
ASSUMPTION OF THE RISKS AND RELEASE
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Mcycle LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Mcycle LLC, whether caused by the fault of myself, my family, Mcycle LLC or other third parties.
INDEMNIFICATION
I agree to indemnify and defend Mcycle LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Mcycle LLC.
APPLICABLE LAW
Any legal or equitable claim that may arise from participation in the above shall be resolved under Utah law.
ENFORCEABILITY
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: "Guest", “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company, Mcycle LLC, DBA Mcycle). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, either the Client or Ourselves.
All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing Utah Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Mcycle website allows users to receive information about Mcycle, as well as book, reserve, cancel, and pay for services and products offered at Mcycle facilities. The services offered by Mcycle include but are not limited to the www.Mcyclestudios.com website, which is hosted in the United States.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, postal addresses, phone numbers, email addresses, credit card information and etcetera when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please sign off when you are finished using a shared computer inside or outside Mcycle property.
Registration of minors (ages 12-17) must be completed in person at one of our studios with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website from a child under the age of 13, we will delete that information as quickly as reasonably possible. Mcycle does not seek or share personal information from minors through this website. If you are between the ages of 13 and 17, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at the Mcycle location you are attending.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information. Mcycle reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Mcycle or send emails to us, you are communicating to us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRIVACY STATEMENT
We at Mcycle are committed to protecting your privacy. This privacy policy outlines the type of information we receive and collect when you use the features on our website as well as some of the steps that we take to safeguard the information. Please read this privacy policy before using this site or submitting your personal information. By using this site you are accepting the practices described in this privacy policy.
CANCELLATION POLICY
In order to cancel a Mcycle class, you must unreserve 8 hours prior to the class start time. You can cancel your reservation in the following ways: 1. Login to your Mcycle account and next to the class you wish to cancel, press “Unreserve”. 2. Call Mcycle Studios to have us cancel the class for you.
Cancellations via e-mail, Facebook messenger, Facebook post, Instagram, or text message are not considered official & you will be subject to cancellation fees. You must cancel yourself a minimum 8 hours prior to class starts time or may call and speak with a member of the Mcycle staff, or by leaving a voicemail for our staff. If you cancel past the described time, a late cancel fee of $10 will be charged to your account. If you do not call to cancel and do not show to class, you will be charged a no show fee of $15. You will retain the class in your account. If you do not have a card on file for such transactions, late cancel or no show, the class will be deducted from your package. If you are a client with an unlimited package, you are required to have a card saved to your account. The same cancellation policy applies. you no show or late cancel to a class, one day will be deducted from your package and your auto debit contract cancelled. The no show and late cancel charges apply to ALL packages regardless of unlimited status or package pricing.
If you are booked and do not call to cancel and do not show to class, you will be charged a no show fee of $15. You will retain the class in your account. If you do not have a card on file for such transactions, late cancel or no show, the class will be deducted from your package. For riders running late: We ask that you call the studio to let us know that you are on the way. The front desk will hold your reservation. If you do not call to let us know you are on your way, in fairness to our riders, bikes will be released EXACTLY 1 minute before class begins.
All Classes will Start ON TIME:
With a renewed effort to respect our fellow community members, we are enacting a strict Accountability Policy. This means we respect our fellow riders and instructors by being on time. Please arrive a minimum 10 min before class starts.
- Late Riders will not be admitted into class
- If you are not checked in at least 2 min prior to class, you are considered late, and applicable fees will apply.
- All bikes will be released 2 minutes prior to class.
- The Cycle Stadium doors will close exactly when class is scheduled to begin, and you will not be allowed into class after the scheduled start time.
Late Cancel/ No Show Policy
Part of our Accountability Policy means we're accountable to ourselves. We do what we say we will do, and that includes a commitment to your workout. In the event you need to late cancel class, please do so a minimum of 8 hours prior to your scheduled class time. Any cancellations less than 8 hours will result in a $10 late cancel fee for Unlimited members, and loss of class credit for non-members.
Please understand that all late cancel and no-show fees are automatically applied with our new software system. Please don't ask to be the exception to the rules.
PACKAGE PURCHASES
By purchasing a package from Mcycle LLC, you agree to our terms and conditions in full. Packages cannot be shared between clients. Unlimited clients are required to keep a credit card on file. If a client holding an unlimited package does not keep a card on file, their contract will be terminated and the package will not renew if holding an auto debit package. Expiring packages may not be extended, transferred, refunded, shared, or frozen. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such. Clients may elect to keep a credit card on file using their Mcycle LLC account online. By placing a card on file, the cardholder and account holder gives permission to the Mcycle LLC staff to charge the card for any auto debit packages or cancellation fees accrued in accordance with the Mcycle LLC cancellation policy detailed supra.
AUTO DEBIT CONTRACTS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract: I, the Client, authorize MCYCLE LLC DBA Mcycle to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account. I understand that Mcycle LLC DBA Mcycle will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Mcycle cancellation policy. Mcycle LLC DBA Mcycle will initiate charges each month on the date my contract is set to renew.
Mcycle LLC DBA Mcycle may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand that the Mcycle LLC DBA Mcycle booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any classes past the renewal date and notified via electronic mail.
I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked and that I will not be given any priority in waitlisted classes. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Mcycle LLC DBA Mcycle cannot be held responsible for errors in processing due to expired or inaccurate information.
REQUIRED HEIGHT
Riders must be 4’11” at minimum to participate in classes at Mcycle LLC.
Mcycle LLC conducts high-intensity cardio classes on a stationary bicycle. Please be aware that temperatures may reach 78° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, you may check with our staff to find another instructor to meet your needs.
WAIVER & RELEASE
By signing up for and/or attending Mcycle LLC classes, activities and other programs, and using Mcycle LLC’s premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities.
In consideration of being allowed to participate in and access the Classes and Facilities provided by Mcycle LLC, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge Mcycle LLC, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Mcycle LLC’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
Mcycle LLC hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Mcycle LLC’s Classes and Facilities, and are advised against doing so. In addition, if in the opinion of Mcycle LLC staff, you would be at physical risk using Mcycle LLC’s Classes and Facilities, you will be denied access to Mcycle LLC and its Classes and Facilities until you furnish Mcycle LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Mcycle LLC’s concerns, and stating that Mcycle LLC’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facilities of Mcycle LLC. Mcycle LLC reserves the right to refuse service at its discretion.
INTELLECTUAL PROPERTY RIGHTS
“Mcycle Studios”, “Mcycle”, and the “M” logo and graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of Mcycle LLC, DBA Mcycle and may not be used by you for any other reason other than as expressly permitted by these terms. Any use of the materials on this Website without the prior written permission of Mcycle LLC DBA Mcycle is strictly prohibited.
DISCLAIMER
IN NO EVENT SHALL MCYCLE STUDIOS DBA MCYCLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MCYCLE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MCYCLE LLC DBA MCYCLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Choice of Law of this Website, and your use thereof is governed by the laws of the State of Utah, without regard to UTAH’S choice of law provisions, and any claim arising from your use of this website must be brought in UTAH. We may revise these terms and conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. By clicking the "CONTINUE TO PURCHASE" button below, you acknowledge that you have read these terms and conditions, including the cancellation and late policies, and understand them and agreed to be bound by these terms.
ENFORCEABILITY
The invalidity or un-enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I ALSO UNDERSTAND & AGREE THIS IS A LEGAL REPRESENTATION OF MY SIGNATURE.