TERMS & CONDITIONS
SPARKCYCLE TERMS & CONDITIONS
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Rider”, “Client,” “Member,” “Visitor,” “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We” and “Us” refers to our Company (SLC Secondary Holdings, Inc. dba SPARKCYCLE). “Party,” “Parties,” or “Us,” refers to both the Client and ourselves, either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
The SPARKCYCLE website allows Clients to receive information about SPARKCYCLE, as well as reserve, cancel, and pay for services and products offered at SPARKCYCLE facilities. The services offered by SPARKCYCLE include but are not limited to the http://www.sparkcycle.com website, which is hosted in the United States.
CANCELLATION & RESERVATION POLICY
In order to make a reservation, you must purchase a single class or class package.
To cancel your reservation in a SPARKCYCLE class you must cancel through our app, online, or call either studio.
To unreserve your class, you must go online or call either studio no later than 5 p.m. the evening before your scheduled class. Your class will be returned to your account.
If you do not unreserve your class before the cancellation window (5 p.m. the evening before your scheduled class), you will be charged a $15 late cancel fee. If you will be charged a $22 no show fee and the credit used to book the class will be returned to your account.
You are solely responsible for managing your class reservations, waitlists, and cancellations. When you arrive to the studio for class, you are responsible for confirming your full name on the class sign-in sheet and signing your initials next to your name so we know you are present. If you are not signed in by 5 minutes before the scheduled class time, bikes will be released to riders on the waitlist. If you are running late, please call the studio where you are booked and let us know you are on the way. Our front desk team will hold your reservation for you up to 5 minutes after class begins, although we cannot guarantee it will be the same bike you signed up for. As a courtesy to your instructor and your fellow riders, if you arrive more than 5 minutes after the class start time, you will not be allowed in class.
You are solely responsible for managing your reservations and for cancelling classes within the framework of our cancellation policy. If you book multiple classes or are on the waitlist for multiple classes, you are solely responsible for canceling your classes within our cancellation policy. If you reserve a class by accident, or double book a class, or double book yourself on the waitlist, SPARKCYCLE is not held responsible. Please be aware that we release bikes 5 minutes before the start of class to those on the waitlist. If you are running late, please CALL the studio and speak with staff to ensure that we hold your bike. SPARKCYCLE staff will add present, waitlisted riders to the class in the order in which they were added to the waitlist by the computer system, top to bottom, 5 minutes before the class start time. There is no waitlist priority given for early arrival.
BUYING CLASS PACKAGES AND CREDIT CARD INFORMATION
When you buy class packages from SPARKCYCLE, you agree to our terms and conditions in full. Riders may elect to keep a credit card on file using their SPARKCYCLE account online. By placing a card on file, the cardholder and account holder permits SPARKCYCLE to charge the card for any in-studio purchases made by the client unless the client provides an alternate form of payment.
COVID-19
You acknowledge the contagious nature of the COVID-19. You voluntarily seek services provided by SPARKCYCLE and acknowledge that you are increasing your risk to exposure to COVID-19.
You consent and acknowledge that:
· You have not tested positive for COVID-19 in the last 14 days.
· In the last 3 days, you have not experienced any symptoms of illness, including but not limited to, coughing, shortness of breath or difficulty breathing, fever, chills or body aches, chest pain, increased fatigue, sore throat, or new loss of taste or smell.
· You understand that SPARKCYCLE cannot guarantee that you will not become infected with COVID-19 and that the risk of becoming exposed to and/or infected by the COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SPARKCYCLE staff, and other SPARKCYCLE clients and their families.
· You acknowledge that SPARKCYCLE has put in place preventative measures to reduce the spread of COVID-19 and you agree to comply with all set procedures.
VIDEO RELEASE
The rights of your image, in video or still, and of the likeness and sound of your voice as recorded on audio or video tape without payment or any other consideration for any class that is designated as being recorded for SPARKCYCLE’s Live and/or On Demand video platform. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of my image or recording.
NON-RECORDING OF LIVE/ON DEMAND CLASSES: Any type of recording or transmission of any live SPARKCYCLE classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized representative of SPARKCYCLE. SPARKCYCLE instructors are not authorized to provide consent. Any violation of this policy is grounds for exclusion from participation in any SPARKCYCLE activities. You further agree to indemnify, defend, and hold harmless SPARKCYCLE, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this policy.
AUTO DEBIT CONTRACTS & UNLIMITEDS:
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
You authorize SPARKCYCLE to, on a recurring basis, automatically charge the debit or credit card you specified, for monthly payments due on your unlimited auto-debit plan.
You understand that SPARKCYCLE will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the SPARKCYCLE cancellation policy. SPARKCYCLE will initiate charges each month on the date your contract is set to renew.
REFUND POLICY
We do NOT provide refunds on class packages or memberships. We do NOT provide refunds for retail purchases. Retail items returned within 30 days of purchase, tags attached, can be exchanged for store credit.
HEIGHT REQUIREMENT
Riders must be at least 4’ 11” to take classes at SPARKCYCLE.
STUDIO CONDITIONS
SPARKCYCLE involves rhythm-based riding, choreography, high intensity intervals, and light weights for upper body work. Please consult your doctor before beginning a new exercise routine. The temperature in the room may range from 65-85 degrees depending on the number of riders in the room and indoor/outdoor weather conditions. Music will be played at a high volume and may contain explicit language. If you are sensitive to heat, loud noise, or explicit music, please speak to one of our SPARKCYCLE staff members.
PERSONAL PROPERTY
SPARKCYCLE shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms/showers, studios, or anywhere else in the studio.
INTELLECTUAL PROPERTY RIGHTS
SPARKCYCLE and other graphics, logos, designs, headers, footers, are service marks or trademarks of SPARKCYCLE and cannot be used for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this website for the sole purpose of reserving classes and other personal use. Any other use of the materials on this website without prior written permission of SPARKCYCLE are strictly prohibited.
WEBSITE DISCLAIMER
The information provided by SPARKCYCLE “we”, “us”, or “our” on www.sparkcycle.com (the “Site”) and our mobile application is for general information purpose only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE ON THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site and our mobile application may contain (or you may be sent through the Site and our mobile application), links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RELIABILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Site does not contain health, nutrition, or fitness advice. The information is provided for general informational and educational purposes only and it is NOT a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with appropriate professionals. We do not provide any kind of physical health, mental health, nutrition, or fitness advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on our Site are submitted in various forms, such as, text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar and typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.
SPARKCYCLE may 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.
SIGN-UPS
Our sign ups go live on Sunday at 5 p.m. and open classes through the following Monday. To sign-up, purchase a class package or membership and book a bike through our app, online, in studio, or give us a call at either location.
SIGN-IN
Be sure to initial our class sign-in sheet so we know you are in the house! Your bike will be released to riders on the waitlist approximately 5 minutes before class begins. If you are running late, please call the studio and let us know you are on the way. We will hold your bike for up to 5 minutes after class begins, although we cannot guarantee it will be the same one you signed up for. As a courtesy to your instructor and your fellow riders, if you arrive more than 5 minutes after class begins, you will not be allowed in class.
LATE ARRIVALS
Bikes will be released to riders on the waitlist approximately 5 minutes before class begins. If you are running late, please call the studio and let us know you are on the way. We’ll hold your bike for up to 5 minutes after class begins, although we cannot guarantee it will be the same bike you signed up for. As a courtesy to your instructor and fellow riders, if you arrive more than 5 minutes after class begins, you will not be allowed in class.
WAITLISTING
If a class is full, you can choose to be added to our waitlist. If you get a spot, you’ll receive an email confirmation. If you get a spot after 5 p.m. the evening before the class, we will call you to confirm.
RETURN AND EXCHANGE POLICY
Classes, class packages, and memberships are non-refundable and non-transferable. We do not accept returns on retail items. All regularly priced retail items can be exchanged for store credit within 14 days, unworn with tags attached. Sale items are final sale.
CLASSPASS
SPARKCYCLE accepts reservations through ClassPass. Riders must book through the ClassPass platform and must attend the class they registered for. Riders may not attend a different class time and/or studio than the class they registered for.
ClassPass riders will be assigned the first available bike. Riders may request a different bike by calling or emailing the applicable studio, but that placement is not guaranteed and the rider may be moved.
RELEASE AND INDEMNITY AGREEMENT
This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify SLC Secondary Holdings, Inc. dba SPARKCYCLE, a California limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors and assigns (collectively the “Released Parties”).
The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor (the person engaged in the activities with SPARKCYCLE shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.
Participant is entering into this Release after having viewed or having the opportunity to view the studio and instructors’ qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges the his/her participation in the activity is voluntary with full knowledge, understanding and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.
Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Released Parties or any third party.
By signing, I acknowledge and agree that I should consult any medical practitioner prior to participating in any actives with SPARKCYCLE or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.
The Releasing Parties further agree to indemnify, defend and hold harmless, the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties or in the use of any equipment at the SPARKCYCLE studio or any other premises owned, leased or used by the Released Parties, without limitation, attorneys’ fees and expenses incurred by the Released Parties.
All personal property brought to the studio or any other location where the Participant is participating in any activity or exercise program offered by the Released Parties, is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at the SPARKCYCLE studio or any other premises owned, leased, or used by the Released Parties.
Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of Participant as a program participant, including but not limited to its social media or web-based materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed property of the Released Parties.
Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of California. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this agreement shall be subject to binding arbitration.
Participant agrees to maintain current credit card information on file and authorizes SPARKCYCLE to charge the credit card on file for the payment of services and fees. This credit card is kept on file and will remain in effect until the expiration of the credit card account.
We will not seek, use, or disseminate any information from unauthorized access, use, modification, or disclosure. These files are confidential and will only be used by the studio to better support your needs.
PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.
