Agreement

Late Cancel/ No Show Policy

We close our studio doors 1 minute before class start time. Unfortunately, if you are late for class we will not be able to let you in past the scheduled start time of class — it is quite disruptive to the other riders. If you are on an unlimited package and do not show up for class — you will be charge a no-show fee of $25. If you cannot make it to class— please cancel your booking 12 hours before your ride time. If cancelled 12 hours prior to class time, your ride credit will be immediately refunded to your account. If cancelled with less than 12 hour notice, you will be charged for the class. 

Consulting a Doctor/Activity Risk

Prior to participating in any exercise program or activity, you shall seek the advice of your physician or other qualified health professional. You agree that Move Club Spin Studio assumes no risk or liability for your participation in the activities and you participate at your sole discretion and risk. You shall not use Move Club Spin Studio’s facilities, services, or equipment in such a way as to endanger the health or safety of you or others. You shall be responsible for any property damage or personal injury caused by you or your guests. You agree not to violate any laws while at Move Club Spin Studio.

Release of Liability Agreement

Prior to your first class with Move Club Spin  Studio, you must sign a Release of Liability Agreement & Waiver in person at our studio (in addition to the Waiver and Release below). By signing the Release of Liability Agreement you waive certain rights, including the right to sue, so please read it carefully and discuss it with your attorney or advisors before signing.  If you wish to consult with counsel on the Release of Liability Agreement, we suggest you stop by Move Club Spin Studio in advance of your first class to pick up a copy of the agreement.

Waiver and Release

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 Move Club Spin Studio, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with indoor cycling and the use of exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from minor injuries to catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If,  in the subjective opinion of the Move Club Spin Studio staff, you would be at physical risk participating in Move Club Spin Studio’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Move Club Spin Studio with an opinion letter from your medical doctor, at your sole cost and expense, that you are fit to participate in our Classes and facilities. In consideration of being allowed to participate in and access the 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 in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Move Club Spin Studio, its owners, 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 or access of the Classes and Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Move Club Spin Studio’s Classes and Facilities, (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 Move Club Spin Studio’s Classes and Facilities, and should not be participating in any Classes and you assume all risk of use of the of the Classes and Facilities and hold Move Club Spin Studio, its owners, 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 or access to the Classes and Facilities.  

Parking

Parking is free. Move Club Spin Studio is not responsible for any damage, loss, destruction or theft to you or your vehicle by way of utilizing the parking lot. You acknowledge that use of the parking lot is done so at your own risk. You hereby release Move Club Spin Studio and its owners, officers, employees, agents, contractors and affiliates from any and all liability and claims relating to your use of said parking facility, whether for personal injury, property damage or loss.

Limited License & Use of the Site

You are granted a non-exclusive, non-transferable limited license to access and use the Site. The Site does not review or pre-screen the contents of electronic data uploaded or posted to the Site (“Content”), and the Company claims no intellectual property rights with respect to the Content.  You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Site, use of the Site, or any portion of the Site, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), or any visual design elements without the express written permission from the Company.

You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other software or Site provided by the Company.

You agree not to use the Site in any manner which may infringe copyright or intellectual property rights or in any matter which is unlawful, offensive, threatening, libelous, defamatory, pornographic, and obscene or in violation of these Terms.

You agree not to use the site to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.

Site Interruption

Move Club Spin Studio makes every effort to keep the Site up and running. However, the Site is hosted through a third party, and we do not always have advance notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled and/or licenses by Move  Club Spin Studio.

The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Contents transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Cancellation and Termination of Accounts

Move Club Spin Studio has the right to suspend access to any user at any time for failing to comply with the Terms. Upon cancellation or termination, all content associated with such subscription will be deleted immediately.

Proprietary Rights

Move Club Spin Studio owns all legal right, title, and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of Move Club Spin Studio’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Newsletter Subscription

By agreeing to these Terms you agree to be added to our email newsletter list. You can opt-out at any time by contacting us, or selecting to unsubscribe at the bottom of any email.

User Comments, Feedback, and Other Submissions

Move Club Spin Studio is pleased to hear from users and welcomes your comments regarding our products and services. If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Move Club Spin Studio may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. Move Club Spin Studio is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Move Club Spin Studio has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Move Club Spin Studio or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Move Club Spin Studio takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Account Security

You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have unauthorized the use of your password. You acknowledge that if you wish to protect your transmission of information to Move Club Spin Studio, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.

Disclaimer, Limitation of Liability, and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS, ALL PRODUCTS AND ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. MOVE CLUB SPIN STUDIO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOVE CLUB SPIN STUDIO DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH MOVE CLUB SPIN STUDIO ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MOVE CLUB SPIN STUDIO NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OF CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. MOVE CLUB SPIN STUDIO IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY MOVE CLUB SPIN STUDIO’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLUB SPIN STUDIO, ITS OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Move Club Spin Studio agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Move Club Spin Studio at the studio’s physical address and to you at your last-used billing address or the billing and/or shipping address in your online profile.

If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue to the non-binding mediation in Illinois. Both you and Move Club Spin Studio agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

If the parties cannot resolve their dispute through the use of mediation, then, the parties shall submit to arbitration for the final resolution of the Dispute. Any controversy or claim arising out of or relating to this contract, or the breach thereof, which is submitted for arbitration, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of Arbitration shall be Lake County, IL. Illinois law shall apply. Judgment on the award rendered by the arbitrators) may be entered in any court having jurisdiction thereof.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Illinois. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Move Club Spin Studio’s right to require strict observance of each of the terms herein.

Severability

If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination

These terms are effective unless and until terminated by either you or Move Club Spin Studio. You may terminate this Agreement at any time by terminating your account and discontinuing use of the Site. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgement you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Entire Agreement

These terms represent the entire agreement regarding your use of the site. The terms of service may be modified from time to time by us by providing notice of such update on the site or via email notice to you.