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WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in SPIN (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge EVOLUTION CYCLE STUDIO, located at 12401 Hesperia Rd,  Ste 2 Victorville, California 92395, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result
of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Evolution Cycle Bar to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such
treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the EVOLUTION CYCLE STUDIO official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE
Evolution Cycle Studio [signature]AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Evolution Cycle Studio FOR PERSONAL INJURY OR PROPERTY DAMAGE. 
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Evolution Cycle Studio, its agents, and employees.
I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles.
This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both and Evolution Cycle Studio agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

This Agreement applies to anyone who purchases any type of package or membership from EVOLUTION CYCLE STUDIO. Please read these terms and conditions carefully.  The terms and conditions of this Agreement are subject to change at any time, without prior written notice to you.  Any changes will be incorporated into the terms and conditions posted to EVOLUTION CYCLE STUDIO’s  website from time to time.

Services and Hours of Operation

EVOLUTION CYCLE STUDIO offers indoor cycling services through the offering of group classes at various times throughout the day.  Please refer to EVOLUTION CYCLE STUDIO’s website www.evolutioncycle-studio.com or see any EVOLUTION CYCLE STUDIO representative to receive a complete listing of all services and amenities available at the EVOLUTION CYCLE STUDIO. 

EVOLUTION CYCLE STUDIO reserves the right to make changes to the facilities and amenities its studio, including, but not limited to, the type or quantity of classes, equipment or services at its facilities. The services of the EVOLUTION CYCLE STUDIO to be provided under this Agreement will be provided no later than three months after this Agreement is signed.

EVOLUTION CYCLE STUDIO provides services during the following hours, which are subject to change: 

Monday – Friday 5AM to 11AM & 6PM-8:00PM

Saturday 7:00AM-11:00AM 

Sunday 7:00AM-9:00AM 

EVOLUTION CYCLE STUDIO is open seven days a week, with the exception of some holidays. EVOLUTION CYCLE STUDIO reserves the right to increase or decrease the number of hours and/or days the studio is open and providing services to its members. Please refer to EVOLUTION CYCLE STUDIO’s website www.evolutioncycle-studio.com or see any EVOLUTION CYCLE STUDIO representative to receive a complete list of expanded operational hours (if any) and/or changes to the standard hours, including any closures on holidays.

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1. By signing this Agreement, you authorize EVOLUTION CYCLE STUDIO to electronically deduct monthly dues, fees and charges (if any), for any and all balances due monthly, which may vary from month-to-month, from your account on the calendar day of purchase and continuing until your membership is terminated or cancelled (and remaining dues, fees and charges owed by you in connection with your membership throughout the effective date of termination or cancellation are deducted or you advise, in writing within 5 days before a payment is owed, EVOLUTION CYCLE STUDIO to discontinue automatic payments.

2. You acknowledge and agree to the following:

• You are financially responsible to pay any amounts owed in connection with your membership.
• In the event your credit card is declined due to a change in expiration date you authorize EVOLUTION CYCLE STUDIO and its payment processors to re-process your payment using an expiration date updater program. This re-processing may occur on any date within the month.
• Expiration or cancellation of your credit card, or other means of automatic payment, does not cancel your membership.
• If you fail to pay any dues or balances for twenty days past their due date(s), then you will be charged a late fee of up to 18% per annum or $2 each month.
• If you fail to pay any dues or balances for thirty days past their due date(s), then your membership may be suspended by EVOLUTION CYCLE STUDIO. If you then make all required payments, your membership may be reinstated by EVOLUTION CYCLE STUDIO.
• If you default on any financial or monetary obligation of this Agreement, then EVOLUTION CYCLE STUDIO will be entitled to all cost of collection, including reasonable attorneys’ fees. If any defaults remain outstanding for more than 60 days, EVOLUTION CYCLE STUDIO may turn your account over to a collection agency or take other action to collect any unpaid amounts.

3. Payments in Excess of Certain Amounts

• If this Agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive of initiation fees or initial membership fees, then you shall have the right to cancel this Agreement within 20 days after this Agreement is executed.
• If this Agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive of initiation fees or initial membership fees, then you shall have the right to cancel this Agreement within 30 days after this Agreement is executed.

4. If not used, all purchases for classes expire within three months of the date purchased. You shall not be relieved of the obligation to make payments on packages purchased despite their expiration.

Cancellation of Membership due to Death or Disability

If, by reason of death or disability, you are unable to receive all services to be provided by this Agreement, then you and your estate, as applicable, shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and if you have prepared any sum for services, so much of such as is allocable to services that you have not taken at the time of death or disability shall be promptly refunded to you or your representative, as applicable.

For purposes of this Agreement, “disability” means a condition that prevents you from physically using the EVOLUTION CYCLE STUDIO facilities and services and such condition is verified by a physician.

Recurring subscription charges will be charged to the card the rider provides at the time of purchase and the rider authorizes EVOLUTION CYCLE STUDIO to charge the card upon each renewal.  

5 Class pack expires in 60 day 10 Class pack will expire in 90 days and 20 packs will expire in 6 months from purchase date.

Freezing Membership

If you have purchased a monthly Unlimited membership and you are medically unable to use your membership, you may request to freeze your membership. 

If you are medically able to use your membership, but wish to freeze it for other reasons, you may request to freeze your membership for up to one month.  Freeze fees may apply for non-medical freezes, depending on the length of time requested.

Please see an EVOLUTION CYCLE STUDIO rep. Class Cancellation Policy

To prevent being charged for a missed class, a 2 hour cancelling notice is required. 

 Classes that are not cancelled in time will be charged to you.  If you have a monthly membership and you do not cancel a class in time, you will be charged a penalty fee of $5 per late cancel, $10 per no show.  If you have purchased a package of classes and you do not cancel a class in time, you will be deducted a single class. If you no show you will be deducted a single class as well as be charged a $10 penalty fee.

Late Policy

If you are late, you may enter studio during the 1st song only. No riders may enter the class after the 2nd song begins. Please enter through locker room door. 

Return Policy

All membership and package purchase sales are final. If you choose not to continue with your membership or package, you will not be eligible for a refund.  All merchandise sales in the Studio are also final, but may be eligible for an exchange or store credit, based on the condition of the merchandise. EVOLUTION CYCLE STUDIO does not allow the transfer of packages or memberships from one client account to another for any reason. 

Refunds will not be provided in the event of a studio closure for any reason outside of EVOLUTION CYCLE STUDIO’s control (i.e global pandemic, natural disaster.) The Business will make an extension to your un-used credits to allow the performance of services to be conducted within a reasonable period of time in accordance with RI legislation. Expired and unwanted credits will not be refunded or transferred.

Waitlist Policy

Up to one hour prior to class start time the system will auto-populate clients into class from the waitlist as other clients with confirmed spots cancel and bikes will be assigned as such. 

If you book multiple classes or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy. EVOLUTION CYCLE STUDIO staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no show penalty fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

 Loss of Property

Members are urged to not bring valuables into the Studio. The Studio provides lockers for members' convenience, however The Studio shall not be liable for the disappearance, loss, damage to or loss of any Member’s personal property.

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 personal use. EVOLUTION CYCLE STUDIO 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.

WAIVER OF LIABILITY

I agree that EVOLUTION CYCLE STUDIO LLC is in no way responsible for the safekeeping of my personal belongings while I attend class. By signing up for indoor cycling at EVOLUTION CYCLE STUDIO LLC, I hereby agree and understand that classes at EVOLUTION CYCLE STUDIO LLC may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I understand that the exercises related cycling will challenge my cardio-respiratory and musculoskeletal systems and that there is an inherent risk of injury associated with any exercise program including my voluntary participation at EVOLUTION CYCLE STUDIO LLC.

I have either had a physical examination and/or have been given permission from my physician to participate in a cardio based exercise program or have decided to participate voluntarily and without the approval of my physician. If pregnant, I have either a physical examination and/or have been given permission from my physician to participate in a cardio based exercise program or have decided to participate voluntarily. I do hereby assume all responsibility for my participation in any activity associated with EVOLUTION CYCLE STUDIO LLC.

I certify that I am physically well and suffering from no medical problems, conditions, impairments, diseases, or any other illness that would prevent my participation or increase my risk of injury and/or illness as a result of partaking in any indoor cycling program. In consideration of being allowed to participate in the activities and any other programs provided by EVOLUTION CYCLE STUDIO LLC, and to use its facilities and equipment, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge EVOLUTION CYCLE STUDIO LLC, its offices, agents, employees, representatives, executors and all others from any and all responsibility or liability from injuries or damages resulting from my participation in any activities or my use of equipment in the abovementioned activities. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

I do hereby release all of those mentioned above and any others that may be effected by this provision. I further agree that I ride at my own risk. EVOLUTION CYCLE STUDIO reserves the right to refuse service at its discretion.

HEIGHT REQUIREMENT

Riders must be 4’11” at minimum to participate in classes at EVOLUTION CYCLE STUDIO.

WHAT TO EXPECT IN CLASSES AT EVOLUTION CYCLE STUDIO

EVOLUTION CYCLE STUDIO conducts high intensity, choreographed, cardio classes on a stationary bicycle. We ride in a very dimly lit room and utilize a combination of black and color changing LED lighting. Please be aware that temperatures may reach 80°+ in certain classes. Music will be played at high decibels and may contain explicit language. If you are sensitive to heat or explicit music, please check with our front desk staff to find the right instructor to meet your needs. If you’re not a fan of super loud music, we get it and we have earplugs for you at the front desk.

I consent and authorize EVOLUTION CYCLE STUDIO LLC to copyright, use and publish any of the images in any format taken of me. I understand these images may be used for a variety of purposes and may appear on EVOLUTION CYCLE STUDIO LLC’s website, instagram, promotional materials or any other media now known or to be invented. Since anyone can download an image from the Internet or make copies from printed materials, I agree that EVOLUTION CYCLE STUDIO LLC is not responsible for unauthorized use of the images. I am aware that I am not entitled to any compensation and that the images may appear with or without my or my studio's name.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The Coronavirus, COVID-19 and it's variants, has been declared a worldwide pandemic by the World Health Organization. COVID-19 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 social distancing and have, in many locations, prohibited the congregation of groups of people.

EVOLUTION CYCLE STUDIO LLC has put in place preventative measures to reduce the spread of COVID-19; however, EVOLUTION STUDIO LLC cannot guarantee that you or your child(ren) or family members will not become infected with COVID-19. Further, attending classes at EVOLUTION CYCLE STUDIO LLC could increase your risk, your child(ren)s risk, and your family members risk, of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending EVOLUTION CYCLE STUDIO LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at EVOLUTION CYCLE STUDIO LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, EVOLUTION CYCLE STUDIO LLC employees, instructors, staff, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at EVOLUTION CYCLE STUDIO LLC. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless EVOLUTION CYCLE STUDIO LLC employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of EVOLUTION CYCLE STUDIO, LLC, its employees, instructors, staff, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any EVOLUTION CYCLE BAR STUDIO LLC program.

EVOLUTION CYCLE STUDIO reserves the right to refuse service at it’s sole discretion. 

I have read, understand and agree to these terms and conditions 

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