By signing up for and/or attending Shift Cycle classes, activities and other programs, and using Shift Cycle’s premises, facilities and equipment (collectively, ""classes and facilities""), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the classes and facilities. In consideration of being allowed to participate in and access the classes and facilities provided by Shift Cycle, in addition to the payment of any fee or charge, 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) waive, release and forever discharge Shift Cycle, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the classes and facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Shift Cycle's classes and facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Riders should be aware that some flashing lights and music played at a high volume is part of the Shift Cycle + Fitness experience. Shift Cycle + Fitness is not responsible for any adverse reactions to these elements. Riders are strongly encouraged to request and take advantage of an initial introduction, including equipment and bike set up, and ongoing support available from Shift Cycle + Fitness staff to ensure the proper and safe use of all Classes and Facilities. I have read and thoroughly understand the Shift Cycle + Fitness Bike Safety Instructions. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. Shift Cycle hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Shift Cycle’s classes and facilities, and are advised against doing so. In addition, if in the opinion Shift Cycle staff, you would be at physical risk using Shift Cycle’s classes and facilities, you will be denied access to Shift Cycle and its classes and facilities until you furnish Shift Cycle with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Shift Cycle’s concerns, and stating that Shift Cycle's concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities of Shift Cycle. Shift Cycle is not responsible for any implied messages in any of the songs or music played at the facility. Any negative reaction to music, lyrics, or staff language while taking the class does not reflect the views or opinions of Shift Cycle or it's owners. I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Shift Cycle + Fitness under certain circumstances. I acknowledge that I am signing this document freely and voluntarily. The term of this document is indefinite. This document binds me, my heirs, my executors, my personal representatives and my assigns. I understand that I am responsible for all terms and conditions set forth by the studio including but not limited to the 4 hour cancellation policy, assumed membership agreement, class expirations, etc. I hereby irrevocably authorize Shift Cycle to use photographs and audiovisual recordings of me and/or my property and authorize Shift Cycle’s assignees, licensees, legal representatives and transferees to use and publish (with or without my name, company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits or images captured at or around Shift Cycle in any and all forms and media and in all manners for any product or services, or other lawful uses as may be determined by Shift Cycle. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Shift Cycle + Fitness shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables. I have been given the opportunity to seek independent legal advice before signing this agreement, and I have obtained such advice or voluntarily chosen not to.
COVID-19 Liability Waiver
Despite following all regulations and guidelines, Shift Cycle cannot guarantee full protection from COVID-19 transmission. As a client (“I”), I am voluntarily electing to take Shift Cycle fitness classes and I acknowledge and consent to some risk for the acquisition of COVID-19. Furthermore, I agree to hold harmless Shift Cycle’s business, its owners, its staff, its landlord, and all other third parties, other than myself, for my decision to take a class in Shift Cycle’s facilities.
At this time, Shift Cycle is aware that COVID-19 is transmitted via respiratory droplets. Shift Cycle understands there is a risk for transmission in our facilities and will reduce as much risk as much as possible at all times. Shift Cycle is strictly following all regulations and guidelines set forth by the Colorado Health Department, The CDC, DORA, as well as both State and Local Government.
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, as a result, federal and state health agencies recommend social distancing. I recognize that all the staff at Shift Cycle are closely monitoring this situation and have put in place reasonable preventative measures aimed to reduce the spread of COVID-19. However, given the nature of the virus, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with a fitness class in the facilities. I hereby acknowledge and assume the risk of becoming infected with COVID-19.
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, if I have a COVID-19 infection, and even if I do not have any symptoms for the same, proceeding with this fitness class can lead to a higher chance of complication and death.
I understand that possible exposure to COVID-19 before/during/after my fitness class may result in the following: a positive COVID-19 diagnosis, extended quarantine/self-isolation, additional tests, hospitalization that may require medical therapy, Intensive Care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death. In addition, after taking a class, 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, in addition to the risks described herein, as well as those risks for the fitness class itself.I understand that Shift Cycle is extending class credit expiration dates as well as providing the option to freeze or cancel my membership. I understand that Shift Cycle is not putting any financial obligation or downside to me waiting to enter the facilities and taking classes. Despite that, I acknowledge the risks and would like to proceed with attending classes. Additionally, I affirm that me nor anyone in my household has been diagnosed with COVID-19 in the past 30 days, me nor anyone in my household has experienced any COVID-19 symptoms in the past 14 days, I have not been out of the country in the last 30 days or been in direct contact with anyone who has, and I have not been around anyone with confirmed COVID-19 in the past 14 days.
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