Terms and Conditions

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in Exercise (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle, located at 2750 Jiles Rd, Kennesaw, Georgia 30144, or any other location, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle incurs any of these types of expenses, I agree to reimburse Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle. I acknowledge that Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Twisted Cycle, Twisted Cycle Trainers, Contractors, Employees or anyone associated with Twisted Cycle agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

By agreeing to these terms and conditions you give Twisted Cycle the right to photograph and video you during/before/after class/sessions. You also consent they may use these videos or photographs for marketing/advertising purposes.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its contents and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it on my own free will.

1. Class cancellations within 6 hours of class start time will be forfeited

2. Must have an active account to use sessions (account cannot be cancelled or suspended)

3. All classes registered for but not attended will be forfeited

4. All weekly or monthly autopay memberships will automatically renew until cancelled

5. Must give 30 day notice to cancel membership

6. All payments within 30 days of membership cancellation are still due

7. All unused sessions will roll over for one additional billing period

8. All sessions past their expiration date will be forfeited

9. All membership cancellations must be made in the studio, with cancellation form completed

10. All other forms of cancellations are invalid and will not be honored

11. All membership freezes/suspensions must be made in the studio with a suspension/freeze payment for completed

12. The maximum duration a membership can be frozen/suspended is 3 billing cycles

13. All frozen/suspended membership will automatically resume payments after the specific duration on the signed freeze/suspend form and will not exceed 3 billing cycles

14. Once a membership is terminated/cancelled, all unused sessions will be forfeited

15. Sessions cannot be transferred to someone else

16. Terms and conditions subject to change

17. Terms and conditions may very per location