PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS REPRESENTATIONS BY YOU, WAIVERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Please contact us at: firstname.lastname@example.org with any questions regarding any of these Terms and Conditions.
TERMS OF SERVICE FOR CLASSES AND FACILITIES
Lift Tampa, L.L.C., its subsidiaries and affiliates (“we” or “us”) provide indoor cycling and yoga classes. One indoor cycling or yoga class is called a “Class”. A group or package of Classes is called a “Package”. A monthly recurring set of classes is called a “membership” These Terms of Service set forth the terms and conditions under which you can set up an account, make reservations and pay for and participate in Classes. By setting up an account, making a reservation or paying for or participating in a Class, you agree to these Terms of Service.
In order to purchase a Package or Membership, make a reservation or take a Class, and to access certain other features of the website, you will have to create an account. You may never use another person’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses incurred by you that are caused by any unauthorized use of your account.
Reserving and Paying for your Class
In order to make a reservation, you must first purchase a Package (a package of Classes) or Membership (recurring package of classes). You can reserve a Class up to two weeks in advance (Sunday through the second following Sunday). These reservation deadlines apply regardless of available website functionality.
For online purchases, we accept American Express, MasterCard, Visa, and Discover (although we reserve the right to change what digital payments we accept from time-to-time, at our sole discretion). Your credit/debit card will be charged when you purchase a Package or Membership. Once a Package or Membership is purchased, the purchase is final and non-refundable. We will not process Package or Membership purchases that use an incorrect, expired or over-the-limit card. Each Package has an expiration date provided at the time of purchase. Classes that are unused when a Package expires will not be refunded. Package and Membership prices are subject to change at our sole discretion, but any increase will not apply to a Package that has already been purchased. If you fail to pay any charges when due, services or privileges may be suspended or terminated. You are responsible and liable for fees, including attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
In order to cancel a Class, you must “unreserve” that Class 8 hours before the start of the Class. Once your Class is unreserved in a timely manner, it will be returned to your Series to be used at a future date (subject to expiration of the Series). If you haven’t unreserved your Class by 8 hours before the start of the Reserved class is schedyled local time, your scheduled Class will be charged to and deducted from your Package or Membership, even if you do not attend the class.
You can cancel your reservation in the following ways:
1. Log into your account and, next to the class you wish to cancel, press “unreserve”
2. Call the studio where your class booked and cancel the class over the phone
You represent and warrant to us that you are in good physical condition and have no medical condition or impairment that could prevent you from your intended use of the classes, activities, programs, premises, facilities and equipment provided by us (collectively, “Classes and Facilities”). You acknowledge that we have not given you any medical advice and cannot give you any such advice, whether related to your physical condition and ability to use the Classes and Facilities or otherwise. You acknowledge and agree that you will discuss any health or medical concerns with your personal physician or other health professional prior to and while using our Classes and Facilities.
WE HEREBY ADVISE YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING OUR CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION OUR STAFF, YOU WOULD BE AT PHYSICAL RISK USING OUR CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO OUR CLASSES AND FACILITIES.
Waiver and Release
Without limiting any other waiver or release that you have given or will give to us, BY SIGNING UP FOR AND/OR ATTENDING CLASSES AND FACILITIES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND EXERCISE AND IN USING INDOOR CYCLING AND EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY US, IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY: (1) AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE CLASSES AND FACILITIES; (2) WAIVE, RELEASE AND FOREVER DISCHARGE US, OUR EMPLOYEES, OFFICERS, AGENTS, MEMBERS, MANAGERS, INVESTORS AND REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES; (3) REPRESENT THAT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION THAT WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF OUR CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER, AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO; and (4) agree to execute an Additional “Waiver of Liability, Assumption of Risk, and Indemnity Agreement” prior to participating in your first indoor cycling class or yoga class.
Term and Termination
Your rights to use the Classes in any Package or Membership that you purchase are effective through the expiration date of the Package or Membership, unless terminated earlier. These Terms of Service will terminate immediately without notice to you upon the earlier of: (i) notice of your election to cancel your account; (ii) the posting of a new version of these Terms of Service with notice to you (which you agreed that we may provide by any means, including without limitation, by posting the new version on this website), in which case the new terms will apply to you; or (iii) your breach or failure to comply with these Terms of Service or generally undesirable behavior, as determined by us in our sole discretion (in which case you will not be entitled to a refund of any prepaid Classes that are unused from a Package or Membership). If you do not have an outstanding Package or Membership in your account, we may terminate or suspend your account with or without notice, at our sole discretion. We also reserve the right to terminate these Terms of Service and your account without prior notice and without liability to you upon request by government and/or law enforcement agencies.
If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire.
The Section entitled “Waiver and Release,” the General Terms and Conditions incorporated herein and the representations made by you in the Section “Health Representations” shall survive expiration or termination of these Terms of Service.
Liability for Personal Property
We shall not be liable to you for any personal property that is damaged, lost or stolen while on or around our premises including, but not limited to, a vehicle or its contents or any property left in a locker. You shall be liable to us for any damage to our facilities and any equipment, furniture or fixture located thereon caused by you.
Changes to Classes and Facilities
We reserve the right to add or eliminate locations and facilities available to you. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.
Rules and Regulations
You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Classes and Facilities. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on this website or by posting at our facilities. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion.
General Terms and Conditions
The General Terms and Conditions set forth herein are incorporated by reference into these Terms of Service.
© 2019 Lift Tampa, L.L.C.
Last Updated 12-20/-2019
All content that is made available to view and/or download in connection with this Site is the copyrighted work of and is owned by us and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content without our express written permission and written permission of the copyright owner. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content on this Site. You may not frame or otherwise include this Site within any other website or software. We reserve all rights not expressly granted to this Site and the content therein.
“Lift Tampa” and the “THREE STRIPES” logo as well other graphics, logos, designs, page headers, button icons, scripts and service names are our trademarks, trade names or trade dress. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission of Lift Tampa, L.L.C.
We may provide certain services that may be available via your mobile device, including but not limited to (i) the ability to make purchases or reservations via your mobile device, (ii) the ability to receive and reply to messages from us, and (iii) the ability to browse our site from your mobile device (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
When you visit our Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many sites, we use “cookies,” and we obtain certain types of information when your web browser accesses our Site.
General Terms and Conditions
© 2019 Lift Tampa, L.L.C.
GENERAL TERMS AND CONDITIONS
Disclaimer of Warranties
ALL CLASSES AND FACILITIES AND THIS SITE ARE PROVIDED BY US “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no responsibility for, and shall not be liable for any damage caused by any virus that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site, any Linked Sites, your use of Mobile Services, or your downloading of any materials, data, text, images, video or audio from this Site or any Linked Sites. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitations of Liability
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You shall comply with all applicable laws, statutes, ordinances, rules and regulations regarding your participation in or use of the Classes and Facilities and your use of this Site.
Governing Law; Jurisdiction and Venue
Dispute Resolution; Arbitration
Except as explicitly stated otherwise, notice shall be given by certified mail, postage prepaid and return receipt requested to Lift Tampa, L.L.C. Attn: Frank Nicholas, 1221 E Cumberland Ave, Tampa, FL, 33602. (in the case of notices to us) or by email to the email address you provide to us during the registration process (in the case of notices to you). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lift Tampa, L.L.C. during the registration process. Notice by email shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Notices sent by certified mail shall be deemed given 3 days after the date of mailing.
© 2019 Lift Tampa, L.L.C.
We respect the intellectual property of others, and we expect our users to do the same. We may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through this Site, you should provide our copyright agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.