TERMS AND CONDITIONS
These are the terms and conditions which apply to your use of FULL RIDE CYCLING Website (the “Website”) and the FULL RIDE CYCLING Mobile Application (the “App”), and the purchase of Goods and Services from us. Please read these Conditions carefully before using this Website, the App, or purchasing any Goods or Services from us. If you do not agree to these Conditions, you must not use this Website or our App.
This Website, the App, and the Goods and Services displayed on it are provided by Spoke Studios, Inc. and its subsidiaries, including, without limitation, FULL RIDE CYCLING (2227 10th AVE S), collectively referred to in these Conditions as “FULL RIDE CYCLING”, “we, “us” and “our”. When we refer to “you” and “your” we mean the user of this Website or App, purchaser of Goods or user of our Services.
CREDITS
To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class. You can purchase Credits via our Website or App. Multiple Credits can also be purchased as bundles at discounted rates. Price details for Credits are available on our Website or App and shall be such prices as determined by us. You should be aware that classes and series expire, and future prices are subject to change. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
MEMBERSHIPS
Membership Term- The initial term of your membership shall be for a period of six (6) months from the date of this Agreement. It shall continue in effect on a month-to-month basis until terminated in accordance with the provisions of this Agreement.
Membership Fees- Your first-month fee is due upon execution of this Agreement. Thereafter, monthly fees are due on the same day of each subsequent month. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card, or credit card. By providing your checking account, debit card, or credit card information You are consenting to FULL RIDE CYCLING automatically withdrawing your fees as they come due each month. Your fee shall be based on the specific membership. The current fees for these memberships are set forth on the attached Schedule A. FULL RIDE CYCLING reserves the right to adjust its membership fees at any time during the term of this Agreement.
CANCELLATION POLICY FOR RESERVATIONS
In order to cancel a reservation in a FULL RIDE CYCLING class and return it to your account, you must unreserve by 7 PM the night prior to the class. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled by 7 PM the night before, your scheduled class will be charged to your series. If you are on an unlimited-membership and do not cancel by 7 PM the night before your scheduled class you will receive a $20 late cancellation fee. If you are on an unlimited membership and fail to cancel or late-cancel, you will be charged a $20 no show fee. If you are on a class-membership and do not cancel by 7 PM the night before your scheduled class you will lose that class credit. If you are on a class membership and fail to cancel or late-cancel, you will lose that class credit.
You can cancel your reservation in the following ways:
Log into your account on the Website or the App, and, next to the class you wish to cancel, press "unreserve".
Please note, in fairness to all our customers, BIKES AND SPOTS WILL BE RELEASED 3 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your bike by 7 PM the night prior to class, or if you do not claim your bike at least 4 minutes before class begins, then FULL RIDE CYCLING shall have the right, without any credit or refund to you, to allow others to reserve or use your bike for a fee.
WAITLIST-- When you join the waitlist, one Credit will be deducted from your account. If you join the waitlist and a space becomes available, you will be automatically added to the Class. You will be notified by e-mail if you are automatically added to a Class.
If you join a waitlist but no longer wish to attend the Class, you should cancel the booking via our Website or App as soon as possible. If you are added to a Class you may cancel up to 7 PM the night before the Class and receive a refund of your Credit but you will not be refunded if you cancel after 7 PM the night before the Class. If you join the waitlist and a place on the fully booked Class does not become available by the start of Class, the Credit debited from your account to join the waitlist will be returned to your series. If we cancel a class, your Credit will be returned to your series.
FOR CLIENTS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 4 minutes before class begins, we will hold a reservation until the class begins, though we cannot guarantee you will be given the bike you signed up for in the particular class. At this time, we cannot accommodate late riders. Once the studio door closes and class begins, we won’t be able to let riders in.
FOR RIDERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
MERCHANDISE RETURN
If you change your mind about any Goods purchased from us, you may return them to our studio within 7 days with your receipt and we will give you a full refund provided that the Goods are unused and are not damaged. This does not affect your statutory rights as a consumer.
LOST ARTICLES
Full Ride assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
CODE OF CONDUCT
FULL RIDE CYCLING is committed to the health, safety, and welfare of all of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Engaging in such activity shall be grounds for immediate termination of this Agreement.
DAMAGES
FULL RIDE CYCLING client shall pay for any damages to FULL RIDE CYCLING property or equipment which results from his/her willful or negligent conduct.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of FULL RIDE CYCLING are proprietary to FULL RIDE CYCLING 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 are property of, or duly licensed to, FULL RIDE CYCLING. 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 FULL RIDE CYCLING, is strictly prohibited.
You acknowledge that FULL RIDE CYCLING 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. FULL RIDE CYCLING 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.
ACCEPTANCE OF TERMS
By using the Website or App, purchasing a FULL RIDE CYCLING class or membership offerings, registering for a FULL RIDE CYCLING class, booking a bike, purchasing merchandise, and/or using or attending a FULL RIDE CYCLING class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a FULL RIDE CYCLING class or membership offerings, registering for a FULL RIDE CYCLING class, booking a bike, purchasing merchandise, and/or using or attending a FULL RIDE CYCLING class.
Occasional changes may be made to this document to reflect changes in FULL RIDE CYCLING’S policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying FULL RIDE CYCLING classes, registering for classes, booking bikes, buying merchandise, and/or using and attending FULL RIDE CYCLING studio, you agree to be bound by any such revisions. Riders and community members are encouraged to check this document periodically to stay informed of current guidelines.
CONTACT US
If you have any questions about these Terms you can reach us at info@fullridecycling.com and we are happy to discuss in greater detail.
WAIVER AND RELEASE
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify Endurance Enterprises, LLC, d/b/a Full Ride Cycling (hereinafter “Full Ride”), its parents, subsidiaries, and affiliates, and all of their respective members, employees, heirs, successors, agents, contractors, and assigns (collectively the “Released Parties”). Participant, or the parent or legal guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Releasing Parties”) hereby grants to the Released Parties this full release and indemnification as a consideration in exchange for permitting Participant to participate in this exercise program. The participant is entering into this Release after having viewed or having the opportunity to view the studio and have had an opportunity to ask questions regarding the services and risks associated with this exercise program. Any questions the Participant has asked have been answered to the Participant’s complete satisfaction. The participant will not teach, copy, reproduce, alter, modify, record, or create derivative works from any of the proprietary exercises, movements, class formats, or choreography from this studio, its agents or employees, or materials affiliated with it. Participant understands that any violation of this clause, on his/her behalf or on that of any affiliated entity, will be enforced to the maximum extent permitted by law and will include, but is not limited to, injunctive relief, actual and punitive damages, as well as attorney fees and costs. The participant is voluntarily participating in the activity with full knowledge, understanding, and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death, which could occur by reason of Participant’s participation. Participant, including the Releasing Parties, hereby releases the Released Parties from any liability and agrees not to sue the Released Parties with respect to any cause of action for bodily injury, property damage, or death arising out of any of the activities or programs herein or in the use of any equipment at this or any other premises of the Released Parties. Participant hereby assumes full responsibility for risks of bodily injury, property damage, or death to Participant due to the ordinary negligence or gross negligence of the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in the exercise program. Participant, including the Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost, the Released Parties from any and all claims arising out of Participant’s participation in the exercise program, without limitation, attorneys’ fees and expenses incurred by the Released Parties. All personal property brought to the studio is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any personal items left by Participants in this facility. The participant hereby agrees to permit Full Ride to use without compensation images of Participant as a program participant in internal and external promotional material. This includes any printed material, broadcast and print advertising, promotional videos, and websites, which are produced or published by Full Ride. All such materials are the property of Full Ride. Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the State of Tennessee. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT.
INFORMED CONSENT – COVID-19 PANDEMIC
I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. I further understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact and accordingly, federal and state health agencies recommend social distancing.
I recognize that the staff at FULL RIDE CYCLING are closely monitoring this situation and have put in place reasonable preventive measures targeted to reduce the spread of COVID-19. Given the nature of the virus, however, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with this indoor cycling class.
Accordingly, I acknowledge and assume the risk of becoming infected with COVID-19 through elective attendance of classes at FULL RIDE CYCLING and I give my express permission for the staff at FULL RIDE CYCLING and FULL RIDE CYCLING to proceed with the same.
I understand that even if I have been tested for COVID and received a negative test result, the tests in some cases may fail to detect the virus or I may have contracted COVID after the test. I understand that I could have a COVID-19 infection and even if I do not have any symptoms.
I understand that possible exposure to COVID-19 before/during/after class may result in any of the following: a positive COVID-19 diagnosis, extended quarantine/self-isolation, additional tests, hospitalization that may require medical therapy, intensive care treatment, the possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death. In addition, after any class I electively attend at FULL RIDE CYCLING, I may need additional care that may require me to go to an emergency room or a hospital.
I understand that COVID-19 may cause additional risks, some or many of which may not currently be known at this time.
I have been opted in to attend this class, despite being given the option to ride at a later date. However, I understand all the potential risks, including, but not limited to the potential short-term and long-term complications related to COVID-19, and I would like to proceed with attending classes at FULL RIDE CYCLING. I acknowledge that I have been offered a copy of this consent form.
I UNDERSTAND THE EXPLANATION AND HAVE NO MORE QUESTIONS AND CONSENT.