TERMS & CONDITIONS

Welcome to BurnCycle! BurnCycle provides full-body indoor cycling classes, incorporating drills to target your upper body, obliques and core while using a stationary bike as a vehicle for low impact, high intensity interval training. BurnCycle classes are taught with high intensity, but you are responsible for taking the class at your own pace according to your health, skill and comfort level. BurnCycle bikes are self-adjusting, so you control your intensity. Once class begins, we ride in the dark and utilize intermittent lighting. The music is loud, so we provide earplugs for your use if needed. BurnCycle customers must be 14 years of age or older and at least 4’10” tall to ride.

As a new rider, we require you watch our bike fit video or have one of our skilled team members to properly fit you to your bike. After you are fit, our staff will explain how to manage your resistance and how to clip in and out of the pedals. The bikes require cycling shoes with cleats. You may bring your own or rent shoes from BurnCycle. BurnCycle also offers activities, parties and events for groups, private parties, charity rides and more. Please note that BurnCycle reserves the right to refuse service to anyone.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The undersigned desires to use BurnCycle LLC (“BurnCycle”) facilities and equipment (the “Facilities and Equipment”) and participate in BurnCycle activities, classes and events (“Activities, Classes and Events”). In consideration for the right to use BurnCycle Facilities and Equipment and participate in Activities, Classes and Events, I voluntarily agree to this Release of Liability and Assumption of Risk (the “Release”) according to the following terms:

(1) I accept BurnCycle’s Facilities and Equipment “as is” and agree to use the BurnCycle Facilities and Equipment and participate in Activities, Classes and Events at my own risk. I understand the inherent risks involved in the use of BurnCycle’s Facilities and Equipment and participation in Activities, Classes and Events, and I expressly assume the risks of bodily injury, permanent disability or death. I agree to follow all BurnCycle rules and regulations and to use BurnCycle’s Facilities and Equipment only as indicated and instructed by BurnCycle’s staff.

(2) Prior to participating in any BurnCycle Activities, Classes and Events, I will inspect the Facilities and Equipment to be used. If I determine that anything related to the Facilities and Equipment or Activities, Classes and Events appears unsafe, I will immediately advise a BurnCycle employee of the condition and will not engage in the activity until the condition has been corrected.

(3) Prior to engaging in any of BurnCycle Activities, Classes and Events, I will discuss with my doctor or other healthcare provider to ensure that it is safe for me to do so.

(4) If I am pregnant or become pregnant, I will receive clearance from my healthcare provider that it is safe for me to participate in BurnCycle Activities, Classes and Events.

(5) I will not hold BurnCycle liable for any injury or damage to my person or property, arising from or related to

(a) my use of BurnCycle’s Facilities and Equipment;

(b) participation in BurnCycle Activities, Classes and Events; or

(c) negligent acts or omissions of other patrons or guests of BurnCycle. I forever release and discharge BurnCycle from all claims, demands and/or causes of action relating to any such injury or damage. Despite this Release, if I or anyone on my behalf makes a claim against BurnCycle, I will indemnify BurnCycle from any and all litigation costs, attorney fees, damages or other expenses arising from such claim.

(6) I consent to emergency medical care and/or transportation in order to obtain treatment in the event of an injury. This Release extends to any liability arising out of or in any way connecting with such emergency medical treatment, care and/or transportation.

(7) I will not hold BurnCycle liable for lost or stolen personal property. I understand that it is my sole responsibility to ensure that my valuables are secured.

(8) If any portion of this Release is declared invalid, I agree that all other terms and conditions of this Release shall remain effective. This Release shall be of perpetual duration and shall remain valid and enforceable.

I acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any BurnCycle Activities, Classes and Events, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of BurnCycle. BurnCycle’s instructors are not authorized to provide consent. This includes even a temporary recording/transmission via online platforms such as SnapChat, Facebook, or Instagram. I am, however, permitted to record and post lawful, non-offensive content related to my participation in a BurnCycle class before and/or after a class with the consent of each participant who is identified in your content. Any violation of this policy is grounds for exclusion from participation in any BurnCycle Activities, Classes and Events. I further agree to indemnify, defend, and hold harmless BurnCycle, 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 my violation of this policy.

In relation to Coronavirus/COVID-19 (“COVID-19”), I hereby acknowledge that BurnCycle has put in place preventative measures to help reduce the spread of COVID-19; however, BurnCycle cannot guarantee that I, my family, or my guests will not become infected with COVID-19. It is possible that attending classes, events and activities at BurnCycle may place me in close physical contact with other members, attendees and staff, and could increase the risk of me, my family members, and/or my guests contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my family members and/or my guests may be exposed to or infected by COVID-19 at BurnCycle’s studio and that such exposure or infection could result in physical injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 at BurnCycle may result from the actions, omissions or negligence of myself or others, including, but not limited to, BurnCycle’s employees, members and/or attendees.

By signing this Agreement, enrolling online, and/or attending in person BurnCycle Activities, Classes and Events and other programs and/or entering the BurnCycle studio facilities and using Equipment, I voluntarily agree, on behalf of myself, my heirs, personal representatives and/or assigns, and any minor child I may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to me or my family members in connection with attendance at BurnCycle or as a result of participation in BurnCycle programs (“Claims”); and (b) covenant not to sue BurnCycle, its instructors, clients, and employees from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of BurnCycle, its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending BurnCycle’s studio facilities or participating in any BurnCycle program.

In addition, and also in consideration of my participation in BurnCycle Activities, Classes and Events, I authorize BurnCycle to take my photograph, record my image and voice, and to display, reproduce and distribute such photographs, recordings, and all related copyrightable images of me (the "Images") and to allow BurnCycle to use the Images and data pertaining to my performance at a BurnCycle Facility (“Data”) and avoid any dispute with respect to ownership of the Images and Data and I wish to waive any moral rights or other intellectual property rights and to waive my right to sue or otherwise proceed against BurnCycle for such use, whether direct or indirect, of the Images and Data; (a) irrevocably and unconditionally release and discharge the BurnCycle Parties and their respective licensees, sub-licensees, insurers, distributors, suppliers, partners, officers, directors, employees, shareholders, principals, photographers, successors, predecessors, agents, assigns, representatives and all persons acting through, under or in concert with BurnCycle, from any and all claims, suits, causes of action, debts, damages, costs, expenses, liabilities, and demands of any kind, whether in law or equity, whether known or unknown, asserted or unasserted, related to the Images and Data and for copyright infringement in connection with BurnCycle's use, whether direct or indirect, of the Images for which I have any rights to date; and (b) intend my execution of this Participant Release and Waiver Agreement to be a royalty free, irrevocable, non-terminable, worldwide, exclusive and transferrable license for any ongoing or future use by BurnCycle and or its photographers of the Images and Data, and I authorize BurnCycle to bring legal action for any improper use of the Images and Data, including unauthorized use by me and for any infringement occurring after the date of thereof against third parties.

For purposes of this Release, “BurnCycle” refers to its respective owners, subsidiaries, members, agents, officers, directors, employees, contractors, suppliers, vendors, equipment manufacturers, distributors, successors and assigns. I am executing this Release on behalf of myself and my heirs, executors, successors and assigns. I have read the above Release, understand its contents, and understand that by signing below, I have given up substantial rights.