TERMS OF SERVICE & WAIVER

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.aligncycling.com (“the Site”) operated by ALIGN CYCLING, LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.aligncycling.com

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of ALIGN CYCLING, LLC Services. You are only authorized to use the ALIGN CYCLING, LLC 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 ALIGN CYCLING, LLC website and discontinue use of ALIGN CYCLING, LLC Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS

In order to access some features of the website, you will have to create an ALIGN CYCLING, LLC account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

MEMBER SERVICES AND POLICIES

CANCELLATIONS

Classes must be canceled at least 12 hours in advance of the start of class.

RESERVATIONS

You must be present at the start of your scheduled class or your spot may be reassigned to a Standby client. Please do not be late for your reservation.

MEMBERSHIPS

Members are subject to a penalty charge ($10) for either a late cancellation or an absence should they not cancel their reservation within the allotted 12-hour window.

PERSONAL BELONGINGS

You agree that ALIGN CYCLING, LLC is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

STUDIO RULES AND REGULATIONS

All classes and membership packages are non-refundable.

All classes must be prepaid.

You must be physically present and checked in at the start of class or your spot may be released to a standby client. No exceptions.

Reserved classes must be changed or canceled at least 12 hours of scheduled time or they will be forfeited.

Memberships are subject to a penalty fee of $10 for a late cancellation or absence.

If recovering from injury or illness, notify the instructor prior to class start time.

Instructors and classes are subject to change without notice. Please go online and click on Class Schedule & Sign Up for current schedule. To check availability in these classes use your account to login and access our live calendar.

We accept VISA, MASTERCARD OR AMERICAN EXPRESS.

WAIVER OF LIABILITY

I, the Participant, hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in training with an independent contractor (fitness instructor) at ALIGN CYCLING, LLC, LLC.

I confirm that I have no health problems (including without limitation cardiac irregularities; spinal or bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect my participation in any sessions at ALIGN CYCLING, LLC. Participants with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Participant should consult his doctor.

I understand that I am voluntarily participating in a program of strenuous physical activity on the bike or on the floor or using various fitness equipment.

By signing this agreement, enrolling online, and/or attending classes, events, and other ALIGN CYCLING, LLC programs whether online, in a ALIGN CYCLING, LLC studio or using ALIGN CYCLING, LLC equipment, I hereby acknowledge and agree, on behalf of myself, my heirs, personal representatives and/or assigns that (a) there are certain inherent risks and dangers in the strenuous nature of the ALIGN CYCLING, LLC workout program (b) I have voluntarily chosen to participate in an intense physical exercise program and I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages ALIGN CYCLING, LLC, its Instructors, independent contractors, clients and employees for any injury, harm or loss I may suffer, including death, as a result of participation in any ALIGN CYCLING, LLC activities.

If client is a minor (age 13-17): This release applies equally to said minor. No one under 13 years of age may participate.

If client is pregnant: I am pregnant and acknowledge that there are additional risks involved with taking this class while pregnant. We recommend that you check with your doctor prior to starting any new workout routine.

Coronavirus/COVID-19 Pandemic Liability Limitation: ALIGN CYCLING, LLC takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, ALIGN CYCLING, LLC cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, private sessions or events at ALIGN CYCLING, LLC may place you in close physical contact with other clients and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at ALIGN CYCLING, LLC studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at ALIGN CYCLING, LLC may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, ALIGN CYCLING, LLC employees, independent contractors, and clients.

By signing this document, enrolling online, and/or attending in person classes, private sessions, events or simply entering ALIGN CYCLING, LLC studios, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at ALIGN CYCLING, LLC or as a result of participation in ALIGN CYCLING, LLC programs (“Claims”); and (b) covenant not to sue, ALIGN CYCLING, LLC, its Instructors, independent contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of ALIGN CYCLING, LLC, its Instructors, independent contractors, clients, and employees, whether a COVID-19 infection occurs before, during, or after attending ALIGN CYCLING, LLC studio facilities or participating in any ALIGN CYCLING, LLC program.

ALIGN CYCLING, LLC reserves the right to refuse access to any Participant if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of ALIGN CYCLING, LLC facilities or classes.

CONTENT

The content on the ALIGN CYCLING, LLC website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ALIGN CYCLING, LLC, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ALIGN CYCLING, LLC reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of ALIGN CYCLING, LLC.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

The “ALIGN CYCLING, LLC,” text and other graphics, logos, wordmarks, and designs are trademarks of ALIGN CYCLING, LLC in the U.S. and/or other countries for which applications are pending. ALIGN CYCLING, LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ALIGN CYCLING, LLC.

MOBILE SERVICES

The ALIGN CYCLING, LLC Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase ALIGN CYCLING, LLC via your mobile phone, (ii) the ability to receive and reply to ALIGN CYCLING, LLC messages, (iii) the ability to browse ALIGN CYCLING, LLC from your mobile phone and (iv) the ability to access certain ALIGN CYCLING, LLC features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ALIGN CYCLING, LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by ALIGN CYCLING, LLC.

ALIGN CYCLING, LLC, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, USA, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using ALIGN CYCLING, LLC Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service.

TERM

These Terms of Service shall remain in full force and effect while you use the ALIGN CYCLING, LLC Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting our studio via phone or email. ALIGN CYCLING, LLC may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that ALIGN CYCLING, LLC charges fees for its services, and ALIGN CYCLING, LLC reserves the right to change its fees from time to time at its discretion. If ALIGN CYCLING, LLC terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify ALIGN CYCLING, LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

INTELLECTUAL PROPERTY

The trademarks and trade dress of ALIGN CYCLING, LLC are proprietary to ALIGN CYCLING, LLC and may not be used by you for any reasons other than as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, ALIGN CYCLING, LLC. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ALIGN CYCLING, LLC, is strictly prohibited.

You acknowledge that ALIGN CYCLING, LLC and/or third party content providers remain the owners of all content and materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. ALIGN CYCLING, LLC may discontinue your right to access to the content and materials, or any portion thereof, at any time.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by ALIGN CYCLING, LLC on the website, shall constitute the entire agreement between you and ALIGN CYCLING, LLC concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ALIGN CYCLING, LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ALIGN CYCLING, LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ALIGN CYCLING, LLC website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND ALIGN CYCLING, LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms of Service, the practices of ALIGN CYCLING, LLC or its services, or your dealings with this site, please contact us at: info@aligncycling.com

These Terms of Service have been updated and effective as of March 1, 2023.