Terms and Conditions
At Zenergy, the health, wellness & safety of our clients & staff is our top priority. For more information on our response to COVID-19 and what you can do to promote safety when visiting our studio’s, click here
Disclaimer as To Coronavirus-Related Liabilities
The coronavirus pandemic remains a highly fluid situation. While state and local governments have permitted some businesses to reopen, the risks posed by the coronavirus remain. While we have taken steps to keep you and our other members healthy and safe while working out within our studio, unfortunately, we cannot guarantee that one of our members will not become ill with coronavirus. With that in mind, it is important to acknowledge that your choice to return to the studio is at your own risk – you assume all risk and liability associated with coronavirus infection. We are asking all members to sign their acknowledgment of a special “coronavirus release” which we will require prior to entering the studio. If you are not comfortable returning to the studio right now, or you’re concerned about exposure to the coronavirus, the best practice would be to remain at home.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this “Agreement”)
Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large groups.
You acknowledge that Zenergy has put in place certain regulations and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, Zenergy cannot guarantee that you, your guests, or your family will not be exposed to or become infected with the coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer, or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus.
By signing below, you (referred to below as “I”) understand, acknowledge, and agree to the following statements:
• I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus and such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; and
• I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, the employees, owners and other members of Zenergy; and
• I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees, and court costs), or any kind, that I, my guests or my family may experience or incur in connection with my access to the studio or participation in the services provided by Zenergy (collectively, “Claims”); and
• I hereby release, covenant not to sue, discharge and hold harmless Zenergy and each employee, agents, owners, representatives, and affiliates (collectively “Releasees”), of and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by Zenergy, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by Zenergy; and
• I understand that by signing this release, I am waiving any and all claims, including those claims that may be unknown to me, or which I do not suspect to exist at this time. IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
• I understand and agree that this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my membership agreement and that such assumption of risk and releases of liability provisions remain fully intact.
• If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releasees were a party hereto.
• I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.
We reserve the right to cancel classes based on low registration. We want to ensure the best experience for our riders. Please do your best to sign up before the class time.
If you have a confirmed bike for a class and get into another class from the waitlist within the cancelation period, you will be charged for both spots unless you have canceled out of one of the classes outside of the cancellation period.
Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to anybody who purchases any type of class, series of classes or package of classes (“Rider”).
Section 1: Fees and Payments
a Rider’s Obligation. Rider shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Rider’s failure to use the facilities of Zenergy Cycling (the “Studio”).
b Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Rider’s credit card account or debit card account. Rider must authorize payments to be made through a third party administered electronic funds transfer system. Rider maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Rider’s prior authorization and when a Rider authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
c Cancellation of Classes. Rider may cancel his or her reservation (either on the Studio’s website www.zenergycycling.com, or by calling the Studio at the phone number specified on the Studio’s website) no later than twelve (12) hours prior to the reserved class in order to receive the full class credit. Classes not cancelled prior to that time will be revoked. Please note: the class will not be refunded back to the card it was purchased on.
If you are an unlimited rider and a late cancel occurs, you will be charged a late cancel fee of $18.00 plus tax.
Section 2: Classes
a Revocation of Classes. The Studio (in its sole discretion) may revoke Rider’s class, class series or class credits, at any time and without refund, in the event that Rider engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require Rider to leave for the day if, in the Studio’s reasonable judgment, Rider poses a health or safety risk to Rider or others, or is disturbing or likely to disturb other participants or staff.
b Use Privileges. Rider must abide by the individual rules of the Studio. Additionally, the Studio (in its sole discretion) reserves the right to revoke or suspend Rider’s class, class series or class credits if Rider has purchased a class, class series or class packages, and allows persons other than Rider to use Rider’s account to book and/or attend classes.
Section 3: Rider Risk
a Medical Recommendations. Rider is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Rider is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
b Orientation. Rider is strongly encouraged to arrive early prior to their first ride as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
c Rider Conduct. Rider shall not use any studio facility, service or equipment in such a way as to endanger the health or safety of Rider or others. Rider shall be responsible for any property damage or personal injury caused by Rider and/or his or her guests. Rider agrees not to violate any laws while in any studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the studio.
d Rider Assumption of Risk. Rider acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, RIDER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
e Medical Disclaimer. Rider has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Rider. Only licensed medical professionals are qualified to give medical advice.
f Rider’s Waiver / New Rider Waiver. By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Zenergy Cycling is providing services (individually and/or collectively, the “Classes and Facilities”) of Zenergy Cycling. I hereby acknowledge on behalf of myself, my 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. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I 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. I have read and thoroughly understand the Zenergy Cycling Bike Safety Instructions that are posted on Zenergy`s website (www.zenergycycling.com). At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Zenergy staff, I would be at physical risk participating in Zenergy’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Zenergy Cycling with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Zenergy’s concerns and stating that Zenergy’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Zenergy Cycling, 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 I (a) have no medical or physical condition that would prevent me from properly using any of Zenergy’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Zenergy’s Classes and Facilities, and should not be participating in any Classes.
I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Zenergy Cycling under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Zenergy Cycling shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
g Costs of Collection. Rider agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Rider.
h Loss of Property. Rider is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, and jewelry).
Section 4: General Provisions
a Rider and Guests Rules. Rider and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s New Rider Waiver Form.
b Lockers and Cubbies. Lockers and Cubbies are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker or Cubby overnight.
c Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
d Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
e Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
Section 5: Miscellaneous
a Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
b Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
c Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
d Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of West Virginia, without regard to its conflict of law principles. Rider hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in West Virginia for any actions, suits or proceedings arising out of or relating to this agreement.
e Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only in writing and only by the Studio.
Agreement Between User and Zenergy Cycling
To access certain features of this Site, you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Zenergy Cycling is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify Zenergy Cycling immediately of any breach of security or unauthorized use of your account. Zenergy Cycling and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.
Cancellation / Refund Policy
Reserved bikes may be cancelled up until 12 hours prior to the scheduled class without penalty. Bikes can be cancelled by logging onto your account or calling the studio. Bikes not cancelled before 12 hours prior to the scheduled class will result in the loss of class credit.
The Site 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 services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will apply.
No Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Zenergy Cycling or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Zenergy Cycling’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Zenergy Cycling and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zenergy Cycling or our licensors except as expressly authorized by these Terms.
You agree to indemnify, defend and hold harmless Zenergy Cycling, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Zenergy Cycling reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zenergy Cycling in asserting any available defenses.
Account Termination / Access Restriction
Zenergy Cycling reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of West Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zenergy Cycling as a result of this agreement or use of the Site. Zenergy Cycling’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zenergy Cycling’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Zenergy Cycling with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zenergy Cycling with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zenergy Cycling with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Zenergy Cycling reserves the right, in its sole discretion, to change the Terms under which www.zenergycycling.com is offered. The most current version of the Terms will supersede all previous versions. Zenergy Cycling encourages you to periodically review the Terms to stay informed of our updates.
LAST REVISED ON: December 12, 2017