Terms of Service

1. Membership.

Client selects the following membership option:

Level: [input levels of membership for Client to select, or, if only one, describe the duration and price].

Sales Tax: Notwithstanding any other provisions of this Agreement, Client understands and agrees that the amount of the membership fees is based on current sales tax rates and to the extent such rates should increase during your membership, Company has the right to increase Client’s membership fees by the amount of such increase.

Defaults: Should Client default on any payment obligation as called for in this Agreement, Company will have the right, but not the obligation, to declare the entire remaining balance due and payable. A default occurs when any payment due under this agreement is more than ten days late or there is a violation of the other terms and conditions under this Agreement or any rules and regulations for facility use that Company may enact in its sloe discretion. In the event of default, Company may terminate the access to the facility, but Client shall continue to make the remaining payments under the Agreement. Should any payment become more than ten days past due, Client will be charged a late fee of $20. An additional service fee of $35 will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. Client agrees to pay all costs of collection, including but not limited to collection agency fees, interest, court costs, and attorney fees.

2. Three Day Right of Rescission. New Clients have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, Company will return to the Client within thirty days all amounts paid less 25 USD for usage of facility during those three days. To cancel, new Clients must inform Company in writing of their intent to cancel. Written intent to cancel can be delivered to Company in person or e-mailed to info@selfcycle.co. If sent by email, Client shall include “3 day Cancellation” in the subject line.

3. Suspension/Termination by Company. Company has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior hostile to the enjoyment of the facilities by other clients and staff for any reason deemed sufficient in the sole discretion of Company. If Company becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, Company will extend the Client’s membership privileges for the period the facilities were unavailable.

4. Additional Cancellation/Termination Terms. If a refund is due to Client, the refund shall be computed by dividing the contract price by the number of weeks in the membership term and multiplying the result by the number of weeks remaining in the membership term. If Client dies or becomes physically unable to avail his- or herself of a substantial portion of the services used from the commencement of this Agreement until the time of disability or death, Company shall refund the funds paid or accepted in payment of this Agreement. A physical disability sufficient to warrant cancellation of this contract by Client shall be established if the Client furnishes a certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after the receipt of the notice of cancellation.

5. Hours of Operation. The hours of operation will be set by Company and may be changed at Company’s sole discretion. Company also reserves the right to add, eliminate, substitute or alter any training program, class, trainer, employee, independent contractor, equipment, furniture or fixture when deemed necessary. No refunds will be given based on the termination or resignation of an employee, independent contractor, or any other action pursuant to this paragraph.

6. Lost Articles. Company not responsible for any loss, damage, or theft of personal belongings brought onto the premises of SELF Cycle, LLC. Customers are solely responsible for safeguarding their personal belongings, including but not limited to clothing, accessories, electronic devices, and valuables. By entering the studio and participating in our classes, customers acknowledge and agree to hold SELF Cycle, LLC, its owners, instructors, employees, and affiliates harmless from any liability related to the loss, damage, or theft of personal property. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

7. Damage to Facilities. Clients shall pay for any damages to Company property which results from the willful or negligent conduct of Client, his or her guest, or dependent children.

8. Waiver. Any failure by Company to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same.

9. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED NOR ITS FACILITIES, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND FACILITIES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT WE WILL CONTINUE TO SUPPORT ANY FEATURE OF THE SERVICES. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR FACILITIES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH CLIENT’S USE OF THE SERVICES OR FACILITIES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE GREATER OF: (i) THE AMOUNT PAID, IF ANY, BY CLIENT FOR USE OF THE SERVICES IN THE LAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (ii) TEN ($10) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY CAUSED BY COMPANY’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

11. Assumption of Risk.

The health and fitness content provided by Company is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. Company strongly recommends that Client consults with his or her physician before beginning any exercise program. It is Client’s responsibility to evaluate his or her own medical and physical condition to determine whether to participate in an exercise program. Always check your surroundings before exercising. If Client experience faintness, dizziness, pain or shortness of breath at any time while exercising, he or she should stop immediately. Client represents and warrants that he or she is in good physical condition and has no medical reason or impairment that might prevent him or her from intended use of the services and facilities; and

Client understands and expressly agrees that there are risks inherent in physical activity and that use of the services and facilities may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for Client’s use of the services and facilities, Client understands and voluntarily accepts full responsibility for the risk of injury or loss arising out of or related to use of the Services. Client further agrees that Company, and its respective affiliated companies, parents, subsidiaries, and franchisees, together with officers, directors, shareholders, employees, agents, and independent contractors of all such entities (collectively, the “Company Group”) will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to Client, his or her spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the Company Group or anyone acting on their behalf, whether related to exercise or not.

12. Indemnification. Client shall indemnify, defend and hold harmless Company, its elected and appointed officers, employees, independent contractors, agents, representatives, and owners ("Indemnified Parties") with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of Client under this Agreement; however, Client shall not be required to indemnify Company from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties.

13. No Assignment. Neither party may assign this Agreement nor any rights nor obligations under it, without prior written consent by both parties. Any attempt to do so is void. Neither party grants the other any licenses under any patents or copyrights.

14. Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Any suit, arbitration, or other similar proceeding must be brought in Washington County, Arkansas, and the prevailing party shall be entitled to recover costs and attorney fees pursuant to Arkansas law.

15. Integration. This Agreement states the entire agreement between Company and Client. Any addition or modification to this Agreement must be made in writing and signed by the parties.

16. Severability. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

The parties have duly executed this Agreement as of the current date.