Terms and Conditions
WAIVER AND RELEASE OF LIABILITY
1. In consideration of the risk of injury while participating in Indoor Cycling on Motion Platforms with Moving Bikes (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 VIRTURIDE LLC. , located at 2293 NE 164 St., North Miami Beach, Florida 33160, 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.
2. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE THAT MY ACTIVITIES INSIDE VIRTURIDE STUDIO ARE RECORDED VIA AUDIO AND VIDEO AT ALL TIMES AND I AGREE TO THAT. I'M FULLY AWARE TO THE RISKS ASSOCIATED WITH PARTICIPATING IN AN INDOOR CYCLING GROUP CLASS ON A MOVING BIKE BASED ON ELECTRIC ENGINES & AIR BAGS WITH A MECHANISM THAT CREATES BOTH AN INCLINE AND / OR A DECLINE OF UP TO 20 DEGREES WHILE I'M ON THE BIKE OR STANDING NEXT TO IT. I'M FULLY AWARE THAT THE CLASS IS IN A DARK ROOM WHERE SIGHT IS VERY LIMITED AND WITH MUSIC THAT IS BEING PLAYED IN A SIGNIFICANT HIGH VOLUME WITH DECIBELS OF UP TO 110db WHICH MAY AFFECT MY HEARING. I ACKNOWLEDGE THAT I HAVE THE OPTION TO USE EAR PLUGS TO PROTECT MY HEARING BUT CHOOSE NOT TO. I ACKNOWLEDGE THE FACT THAT STANDING ON THE BIKE DURING A CLASS WHILE THE PEDALS ARE MOVING IN HIGH SPEED IS THE WRONG WAY TO USE VIRTURIDE'S BIKES AND IT MAY CAUSE A SERIOUS INJURY TO MY LEGS AND MIGHT BRING TO A COMPLETE LOSS OF BALANCE WHICH MAY RESULT IN FALLING OFF THE BIKE. I ACKNOWLEDGE THE FACT THAT THE BIKE I WILL USE IN VIRTURIDE CLASSES IS IN PERFECT MECHANICAL CONDITION. IN ANY CASE OF DAMAGE TO THE BIKE, I WILL INFORM THE INSTRUCTOR BEFORE THE BEGINNING OF THE CLASS. IN CASE I FIND OUT THAT THE BIKE I'M USING WAS DAMAGED DURING THE CLASS, I TAKE FULL RESPONSIBILITY IN CONTINUING THE CLASS ON A DAMAGED BIKE. I HEREBY ACKNOWLEDGE THAT VIRTURIDE STAFF IS ASKING ME NOT TO PARTICIPATE IN A CLASS ON A BIKE THAT DOES NOT APPEAR TO ME TO BE IN PERFECT CONDITION. PARTICIPATING IN A VIRTURIDE CLASS 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 OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
3. I'M FULLY AWARE THAT IF I'M SUFFERING FROM VERTIGO, EPILEPSIA OR ANY OTHER MEDICAL CONDITION THAT CAN BE INTRIGUED BY AN 'OFF-BALANCED' CONDITION AND/OR BY THE MOVEMENTS OF THE VIRTURIDE BIKES AND/OR BY WATCHING THE VIRTURIDE ROAD VIDEOS, IT IS RECOMMENDED BY VIRTURIDE THAT I DO NOT PARTICIPATE IN ANY OF THE VIRTURIDE CLASSES!
4. I agree to indemnify and hold harmless VIRTURIDE LLC. against 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 VIRTURIDE LLC. incurs any of these types of expenses, I agree to reimburse VIRTURIDE LLC. .
I acknowledge that VIRTURIDE LLC. 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 VIRTURIDE LLC.
5. 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.
6. 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 VIRTURIDE LLC. 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 VIRTURIDE LLC. FOR PERSONAL INJURY OR PROPERTY DAMAGE.
7. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of VIRTURIDE LLC., its agents, and employees. If I should require medical care or treatment, I agree to be financially responsible for any costs incurred because of such treatment. I am aware and understand that I should carry my own health insurance. If any damage to equipment or facilities occurs because of my or my family's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for 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 myself (The Participant) and VIRTURIDE LLC. agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted altering 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. If 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. I acknowledge that participating in a VirtuRide class is not recommended to people who suffer from lack or loss of balance or a condition called 'Vertigo'. I take full responsibility in case of injury to myself in case of loss of balance.
8. I understand that the VirtuRide studio can turn off the motion platform if I ask them to and that it is my full responsibility to ask the instructor to turn off my motion platform before the class starts.
9. I acknowledge that if I do not follow the body position instructions given by the instructor before, during and after the ride, I may put myself in risk of an injury and in this case, any injury that will result from not following the instructor's directions will be my own fault and responsibility.
10. I acknowledge that during the class I should stay on the bike and not step off. Any walking around the dark room by the moving bikes may injure me and others. In case I must get off the bike in the middle of the ride for any reason (bathroom, emergency, etc...) I should do it only during the water break, where the bikes are flat on the floor and not moving. To come back to the riding room during a class, I acknowledge that I need to wait for the front desk attendant to guide me back inside with a flashlight. IF the front desk is not in available, I shall not go back inside the class until the class is over. If more than one person needs to get back in during a class, I shall wait for the front desk attendant to escort us in one by one, and not enter with another person at same time.
11. During the class, I acknowledge that I need to always hold the handlebars of the bike. If I choose not to hold it, I take full responsibility to any injury cause to me. The bikes always move, and it is not safe to let go of the handlebars at any time during the class.
12. 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 content 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 of my own free will.
A child younger than the age of 16 MUST HAVE AN ADULT OLDER THAN THE AGE OF 18 NEXT TO HIM/HER THROUGHOUT THE WHOLE DURATION OF THE CLASS! Minors are not allowed to participate in a VirtuRide class without an adult participating in same class, sitting next to them, watching them for safety and supervising them. It is part of the statues of the state of Florida.
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