TERMS AND CONDITIONS OF USE
True Cycling Solutions LLC., doing business as True Cycling Studio by using True Cycling Solutions products and services, you are agreeing to all the terms below.
True Cycling Solutions and its subsidiary, True Cycling Studio, collectively referred to as “True Cycling,” “we” or “us”, offer a variety of products and services related to fitness, including any products and services provided in collaboration with our independent contractors collectively referred to as the “Services.” We will refer to online and offline community members as “customers” or “athletes.”
These Terms and Conditions of Use (“Terms”) govern your access to and use of our Services.
Please read the following terms and conditions relating to your use of this website carefully. By using this website, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether you have reviewed them or not.
Your access and use of the Services (regardless of whether you create an account with us), constitutes your agreement to these Terms. If you disagree with any part of the Terms, then you are not permitted to use our Services.
1. Use of the Services and Your Account
a) Minimum age to use the True Cycling Services
Children between the ages 12-16 can join classes. Parent/guardian consent and supervision required. Individuals of age 12 and above should create an online account with True Cycling Studio. For special Family Events, children 5+ could join Functional Training classes like Yoga, Pilates, and Zumba. To participate in cycling classes, children must be at least 4’10” tall.
b) Your Account
You need to create a True Cycling account to access the Services. It is important that the information associated with your account is accurate and up-to-date (particularly your email address).
You need to register for a True Cycling account in order to access or use our Services. If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must provide immediate notification of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
c) Service Updates, Changes and Limitations
At times we may develop and provide updates for certain Services. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any features or functionality of any Service.
d) Service Monitoring and Suspension
We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Services or your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for True Cycling, (3) in response to requests by law enforcement or other government agencies, or (4) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services.
Please provide immediate notification of any actual or suspected breach or unauthorized access or use of your account.
While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
f) Consent to Receive Communications
After signing up for an account, you may receive periodic communications regarding our Services. Depending on your preferences, you may receive notification of these messages via email, in the website/application, and/or as a push notification). You can manage the messages you by changing the preferences in your account.
2. Cancellation policies
a) Reserve a spot
Book a class and reserve a spot/bike ahead of time. To enroll for an early-morning class, you should reserve by 9 p.m. the night before class. Early-morning classes may be cancelled if no one has signed up by 9 p.m. the night before. Access your True Cycling account or use the app to secure a spot in the Functional Training (TRX) room or a bike in the Cycling Theater. If you anticipate not being able to join the class, please make sure to cancel your reservation two (2) hours prior to class in order to be fair to other customers and to avoid a no show or late cancellation. If you are enrolled in an early-morning class, then you should cancel by 9 p.m. the evening before class.
If you are on the waitlist, it is assumed that you want to take the class. If you are moved up from the waitlist and are placed into the class, you are now enrolled. You will receive an email and/or a phone call (voicemail) to confirm that you now have a spot. By adding yourself to the waitlist you are securing the spot over another customer, so it is your responsibility to attend. If you do not attend or are a late cancel, members will be charged a $5 fee and package bearers will have a session deducted from their current package.
c) Late Cancellation
If you cancel from a class within 2 hours of the class start time, then you will be marked as a “late cancel,” you will lose that session from the package, or you will be charged a $5 late cancellation fee if you hold an Unlimited Membership. If you are enrolled in an early-morning class and cancel after 9 p.m. the evening before class, then you may be marked as a “late cancel.”
To cancel a class from the True Cycling Studio website or app please access your account, click “My Classes”, and select “Unreserve.”
d) No Show
If you sign up for a session but do not show up, then you will lose that session from the package, or you will be charged a $5 “no show” fee if you hold an Unlimited Membership.
e) Membership cancellation
After completing the initial term of your membership, you could submit a request to cancel your membership by email, phone, or in person. Please submit your request at least fifteen (15) days prior to the next billing date.
If you need to upgrade your membership, you could do it at any time, and prior to completing the initial term of the membership.
There are reasons why a member may need to cancel a membership prior to the completion of the initial term. Cancellation fees apply.
Medical: If upon a doctor’s written order, the member cannot receive the services because of a significant physical or medical disability for a period that exceeds 30 days.
Moving: Submit proof to the studio that you have moved outside of a 15-mile radius from the studio. This would include a BGE meter reading, lease, mortgage, or bill sent to your new residence.
Military: Due to active duty. Submit proof to the studio.
True Cycling will only disclose your Personal Data with your knowledge. We will only share your Personal Data with third parties in certain limited instances, namely with your consent, or as is necessary to complete a transaction or provide a product, service, or feature that you have requested.
We may disclose your Personal Data as required by law and special circumstances. We may be required, subject to applicable law, to disclose your Personal Data if: (1) it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (2) such a disclosure would potentially mitigate our liability in an actual or potential lawsuit, (3) it is necessary to protect our legal rights or property, or (4) it is necessary to protect the legal rights or property or physical security of others, or for the prevention or detection of crime and such disclosure is lawful.
4. Ownership and Use of Content
The term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
The term “User-Generated Content” means any Content that a customer submits, transfers, or otherwise provides to or through the use of the Services. Content includes, without limitation, all User-Generated Content;
The term “TC Content” means all Content that is not User-Generated Content.
You own the Content that you create, and we own the Content that we create. Please do not post other people’s work without permission.
You agree that you will respect the intellectual property rights of others and represent and warrant that you have all of the necessary rights to grant True Cycling a license for all User-Generated Content you submit in connection with the Services.
c) Our License to You
The TC Content is protected by copyright and trademark laws. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.
d) Your License to Us
When you post content in connection with the Services, it still belongs to you – however, you are giving us permission to use that content in certain ways in connection with our Services and make the content available to others. We can edit or remove your content from our products and services at any time for any reason.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms.
e) Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation.
5. Third Party Links and Services
Our Services may link to, interact with or be available on third-party services or products such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
a) Third-Party Services and Logins
You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook, Twitter, or Instagram (“Social Networking Services”). Logging in or directly integrating these Social Networking Services into the Services may make your online and mobile experiences richer and more personalized. The way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
b) Third-Party Applications
You may be able to access certain third-party links, applications or content (“Third-Party Applications”) via accounts related to our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, and your access and use of such applications is entirely at your own risk. If you opt to use Third-Party Applications via your account with us, they may gain access to certain information that you have provided to us, including Personal Data, and they will use, store, and disclose such information in accordance with their individual privacy policies and terms and conditions. We have no liability or responsibility for the privacy and information security practices or other actions of any Third-Party Applications that you choose to access through your accounts with us. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
c) Third-Party Content
Our Services may contain links to third-party websites, content, advertisers, services, promotions, special offers, or other events or activities (“Third-Party Content”) that are not owned or controlled by us. We do not endorse or assume any responsibility for Third-Party Content. If you access or pay for Third-Party Content, you do so at your own risk, and you agree that we have no associated liability.
d) Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers). While we may recommend, promote, or market the products of certain independent contractors, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our independent contractors.
6. Mobile Services
While we strive to make our applications available on many platforms, we can’t guarantee that our applications are compatible with your device. If you use our applications, your standard data and messaging rates may apply, and the rules of the app store from which you are downloading may also apply.
By downloading or using our applications, you expressly agree that we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us.
7. Physical Activities
a) Safety First
You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity or fitness program. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of True Cycling or by the action, inaction, or negligence of others.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services, even if caused in whole or part by the action, inaction or negligence of True Cycling or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.
b) Not Medical Advice
To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other athletes or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Services. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between True Cycling and you. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
8. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, TRUE CYCLING EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (1) the Services will meet your requirements, (2) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (3) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content - in particular - is provided by and is solely the responsibility of the athletes providing that Content. No advice or information, whether oral or written, obtained from other athletes or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
9. Limitation of Liability
We are not liable for various things that could go wrong as a result of your use of the Services.
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall True Cycling or its independent contractors be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or customer using the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not True Cycling has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of True Cycling, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an athlete’s Personal Data and/or Location Data, (c) any other interactions with us or any other athletes using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) any breach by you of any of these terms and conditions, (2) your content and materials, (3) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (4) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
11. Disputes and Arbitration, Jurisdiction and Venue
This Agreement shall be construed and governed in all respects by the laws of Maryland. To the maximum extent permitted by applicable law, you and True Cycling agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive binding arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
In the event of any litigation or binding arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or binding arbitration.
12. International Terms
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.
These miscellaneous provisions are part of just about every online term’s agreement. Basically, they ensure that this agreement between us is enforceable.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.
14. Contact Us
If you have any feedback, questions or comments about the Services, please contact us by mail at firstname.lastname@example.org, by phone at 443-512-TRUE (8783), or by mail at 3473 Merchant Blvd, Suite B. Abingdon, MD. 21009.
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Last update: Winter 2019