By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Fitness ‘N Motion, LLC, Cycle Elan, LLC Dba cycle élan and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand the cycle élan Bike Safety Instructions that are posted on cycle élan’s website (www.cycleelan.com), a hard copy of which was also provided to me by cycle élan staff. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the cycle élan staff, you would be at physical risk participating in cycle élan’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish cycle élan with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing cycle élan’s concerns and stating that cycle élan’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, 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) release, indemnify, and hold harmless Fitness ‘N Motion, LLC, Cycle Elan, LLC Dba cycle élan, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of cycle élan’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using cycle élan’s Classes and Facilities, and should not be participating in any Classes.
CYCLE ELAN, LLC EFFECTIVE OCTOBER 26, 2016
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The Cycle Elan, LLC (“Cycle élan ”) website allows users to receive information about cycle élan (including e-mail newsletters/promotions and text messages), interact with other members or visitors to the cycle élan website, and book, cancel and pay for services offered at cycle élan facilities. The services (“Cycle élan services”) offered by cycle élan include but are not limited to the www.cycleelan.com website, which is hosted in the United States.
These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the cycle élan services. By using the cycle élan services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the cycle élan website) or you are a “Member” (which means that you have registered with cycle élan and/or purchased one or more cycle élan Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the cycle élan services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the cycle élan website and discontinue use of the cycle élan services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
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