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Studio Liability Release
Terms & Conditions
All customers and visitors to www.surgecycling.com (the “Website”) are subject to Surge Cycling, LLC’s (“Surge Cycling’s”) Terms and Conditions as expressed below.
 
We reserve the right to suspend or terminate your Surge Cycling account and/or class packages at any time for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), or for conduct we determine to be improper or contrary to our best interests.

Surge Cycling’s Terms and Conditions were developed to ensure that our customers are using our facilities and services with due regard to their rights and the rights of other users, and in conformity with Surge Cycling’s standard and current procedures, rules, regulations and requirements. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website.

Reservations/Changes
In order to make a reservation, you must first own a series (group of classes) or a single class. To buy a series, you can either sign up here for a username and password and purchase a series online, or if you already have a username and password click login, to buy a series and make your reservation.

You should be aware that series expire and class and future series prices are subject to change. We accept Mastercard, Visa, American Express and Cash. You can reserve classes up to 1 week in advance (Sunday through the following Sunday) but not later than 60 minutes prior to class time. Click for online reservations. Deadlines apply regardless of available functionality.

A 30-day cancellation notice is required in order to cancel all Surge Cycling reoccurring auto-payment series. The notice must be submitted in writing to Surge Cycling. No recurring auto-payment series can be cancelled until after their specified minimum commitment has been met.

Your credit/debit card will be charged for your order when you submit your reservation. Surge Cycling will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Surge Cycling may incur in its efforts to collect any unpaid balances from you.

Personal Data/Communications
We work to protect the security of your information during transmission by using Secure Sockets Layer (SS L) software, which encrypts information you input at the checkout and billing. We reveal only the last four digits of your credit card numbers when confirming an order if you’ve chosen to save your credit card information.

It is important for you to protect against unauthorized access to your password and to your computer. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Be sure to sign off when finished using a shared computer.

If you are under 18, you may register and use the Surge Cycling website only with the involvement of a parent or guardian. Surge Cycling does not accept the online registration of minors; please do not attempt to register on our website if you are under the age of 18.

Registration of minors must be completed in person at one of our studios with a parent or guardian. Minors over the age of 15 who have submitted a participant/registration waiver signed by a parent or guardian may sign up for classes online. If we discover that personal information has been submitted by a minor without a signed participant/registration waiver, we will delete such information promptly.

Surge Cycling does not seek or share personal information from minors through this Website.
 
Surge Cycling reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Surge Cycling or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all
agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” and we obtain certain types of information when your web browser accesses Surge Cycling.
 
Waiver and Release - STUDIO LIABILITY RELEASE
(Please read the following carefully, and check “I agree” when you are ready to proceed.)
By signing up for and/or attending Surge Cycling classes (collectively known as Surge Cycling, LLC), activities and other programs, and using Surge Cycling’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 Surge Cycling, 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) I, for myself, my heirs and assigns waive, release and forever discharge Surge Cycling, 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 Surge Cycling’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. Surge Cycling hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Surge Cycling’s classes and facilities, and are advised against doing so. In addition, if in the opinion of Surge Cycling’s staff, you would be at physical risk using Surge Cycling’s classes and facilities, you will be denied access to Surge Cycling and its classes and facilities until you furnish Surge Cycling with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Surge Cycling’s concerns, and stating that Surge Cycling’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities
 
Links/Third Party Websites
Surge Cycling makes no representations whatsoever about any other website which you may access through this one. When you access a non-Surge Cycling website, even one that may contain the Surge Cycling logo, please understand that it is independent from Surge Cycling, and that Surge Cycling has no control over the content on that website. In addition, a link to a non-Surge Cycling website does not mean that Surge Cycling endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

Intellectual Property Rights SURGE CYCLING and the SURGE CYCLING Logo are service marks, trademarks, and/or trade dress of Surge Cycling or otherwise proprietary to Surge Cycling and may not be used by you for any reason other than as expressly permitted by this Agreement. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Surge Cycling. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other person use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Surge Cycling is strictly prohibited. You acknowledge that Surge Cycling and/or third-party content providers remain the owners of all Website material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms and Conditions. Surge Cycling discontinue or remove the Website or any portions thereof or discontinue your right to use the Website or any portion hereof at any time.

Disclaimers
IN NO EVENT WILL SURGE CYCLING BE LIABLE TO YOU OR YOUR PARTY FOR ANY DIRECT , INDIRECT , SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE , OR ON ANY OTHER HYPER LINKED WEBSITE , INCLUDING , WITHOUT LIMITATION , ANY LOST PROFITS , BUSINESS INTERRUPTION , LOSS OF PROGRAMS OR OTHER DATA ON YOUR IN FORMATION HANDLING SYSTEM OR OTHER WISE , INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT OR OTHER EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . ALL IN FORMATION IS PROVIDED BY SURGE CYCLING ON AN “AS IS ” BASIS ONLY.
 
SURGE CYCLING PROVIDES NO REPRESENTATIONS AND WARRANTIES , EXPRESS OR IMPLIED , INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY AND NON INFRINGEMENT.

Choice of Law - This Website, and your use hereof, is governed by the laws of the State of Minnesota, without regard to Minnesota’s choice of law provisions, and any claim arising out of your use of this Website must be brought in Minnesota.

Revised Terms and Conditions - Surge Cycling may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.
 
Waiver and Release
By signing up for and/or attending Surge Cycling classes (collectively known as Surge Cycling,LLC), activities and other programs, and using Surge Cycling’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 Surge Cycling, 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) I, for myself, my heirs and assigns waive, release and forever discharge Surge Cycling, 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 Surge Cycling’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. Surge Cycling hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Surge Cycling’s classes and facilities, and are advised against doing so. In addition, if in the opinion of Surge Cycling’s staff, you would be at physical risk using Surge Cycling’s classes and facilities, you will be denied access to Surge Cycling and its classes and facilities until you furnish Surge Cycling with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Surge Cycling’s concerns, and stating that Surge Cycling’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities of Surge Cycling. No one under 18 allowed without consent of parent or legal guardian. Surge Cycling reserves the right to refuse service at its discretion.
 
Waiver and Release (under 18)
In consideration of being allowed to enter into the area and/or participate in any party, event and/or all other programs at Surge Cycling, the undersigned, on behalf of the participant identified above, acknowledges, appreciates and agrees to the following conditions: I represent that I am the parent or legal guardian of the Participant named above, or I have obtained permission from the parent/legal guardian of the Participant named above to execute this agreement on their behalf. I agree that the participant named above and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any party and/or event and/or all other programs at Surge Cycling. In addition, if I observe any hazard during our participation, I will bring it to the attention of the nearest Surge Cycling employee or official immediately; Additionally,I take full responsibility for any and all damages to the facility and any of its contents arising from the refusal to follow all stated and customary terms, posted safety signs, rules and verbal instructions including any deliberate acts of damage and/or destruction by the participant named above. I accept and am aware that there are inherent risks associated with physical activity and participation in Surge Cycling’s programs and activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. Surge Cycling has facilities for and provides for various educational, sports activities and other assorted kids games and classes. The specific risks vary from one activity to another, but they 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 3) catastrophic injuries including paralysis and death. I, for myself and the participant named above, and our respective heirs, assigns, administrators, personal representatives and, next of kin, hereby release and hold harmless Surge Cycling LLC and its affiliates, directors, officers, members, agents, employees (collectively, “Surge Cycling”), other participants, and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to participation in any and all Surge Cycling programs, activities, parties, whether occurring in the studio or other areas of the facility. Specifically, I agree to release Surge Cycling from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to participation in any and all Surge Cycling programs, activities, parties, whether occurring in the studio or other areas of the facility. I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this waiver freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. The term of this waiver is indefinite, unless withdrawn by the parent/guardian of a minor under 18.

© 2013 Surge Cycling, LLC

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