TERMS & CONDITIONS

TERMS & CONDITIONS

All customers and visitors to www.boost-cycle.com (the “Website” or “Site”) or to the Boostcycle premises are subject to Boostcycle’s Terms and Conditions as expressed below.

Web communications are a highly regulated and monitored activity by government agencies in many countries.  By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.  If you do not agree, do not use this Website. This statement is designed to inform you of basic general legal positions and liabilities relating to your use of this site, your use of the training, exercise and fitness services, and for you to attest to the fact that you, not the company, will be responsible for your own actions. This Terms of Service contains twenty-one sections.  

1. Introduction

2. Reservation/Changes

3.Limited License & Use of the Service:  You are granted a non-exclusive, non-transferable limited license to access and to use the Site. 

4. Right to Change Site:  We reserve the right to modify, suspend, or discontinue the Site at any time.

5. Site Interruptions:  We make every effort to minimize site interruptions.

6.  Site Contents:  All the materials on the Site are owned, controlled, or licensed by Boostcycle

7. Consulting a Doctor/Activity Risk:  Always consult a doctor before engaging in any strenuous activity.

8. Release of Liability Agreement:  You must sign, either in writing or digitally, the Boostcycle waiver of Liability Agreement prior to beginning a training, exercise, or fitness services with Boostcycle.

9. Payments, refunds, and class cancellation Policy: Prices are subject to change at any time. CT Buyers Right to Cancel

10. Cancellation and Termination of Service

11. Proprietary Rights:  Boostcycle owns all rights, title, and interest in the Site.

12. Newsletter Subscription:  You can opt-out at any time.

13. User Comments, Feedback, and Other Submissions:  Boostcycle may use any of the comments you send to us.  Comments must not violate any right of a third party.

14. Personal Information Submitted Through the Site: Use of personal information is governed by the Privacy Policy.

15. Account Security:  You are responsible for safeguarding your password.

16. Disclaimer, Limitation of Liability and Indemnity:  Boostcycle disclaims any and all warranties.  

17. Dispute Resolution:  Users agree to a pre-determined dispute resolution procedure. 

18. Choice of Law:  This agreement is governed under the laws of the State of Connecticut.      

19. Severability

20. Termination: Both Boostcycle and the user may terminate this agreement at any time, but your continued use of the Site will not terminate your obligations under these Terms of Service. 

21. Entire Agreement: This is the entire and exclusive agreement between the user and Boostcycle.

Introduction

Welcome to www.boost-cycle.com (the “Site”).  The Site is provided as a means for visitors and Members (users who pay for the cycling classes).  Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE.  IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR CONTENT.

If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business.  In that event, “you” and “your” will refer and apply to that business. 

Your use of the Site constitutes your agreement to follow and be bound by the Agreement.  We (Boostcycle or the “Company”) reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you use any of the Site.  If you do not agree to these terms, please do not use the Site. 

Reservations/Changes

In order to make a reservation, you must first own a single class pass, or series (group of classes) pass.  To buy a series pass, you can (a) sign-up online at www.boost-cycle.com   (b) call the studio or (c) show up at the Boostcycle facility and sign up with one of our representatives.  If you already have a username and password you can go click www.boost-cycle.com/loginto buy a series and make your reservation. We strongly recommend booking your ride in advance online or calling the studio directly. 

You should be aware that classes and series expire, and future prices are subject to change. Classes and series are non refundable/non exchangeable. We accept Mastercard, Visa, Discover and American Express. Cash payments may only be made at the Boostcycle studio. You can reserve classes up to 14 days in advance.   

Your credit card/debit card will be charged for your order when you submit payment.  Boostcycle will not process reservation charges that use an incorrect, expired, or over-the-limit credit card.  We will make our best efforts to contact you if this occurs. Ifyou fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Boostcycle may incur in its efforts to collect any unpaid balances from you. 

Limited License & Use of the Site

You are granted a non-exclusive, non-transferable limited license to access and use the Site. The Site does not review or pre-screen the contents of electronic data uploaded or posted to the Site (“Content”), and the Company claims no intellectual property rights with respect to the Content. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Site, use of the Site, or any portion of the Site, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), or any visual design elements without the express written permission from the Company. You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other software or Site provided by the Company. You agree not to use the Site in any manner which may infringe copyright or intellectual property rights or in any matter which is unlawful, offensive, threatening, libelous, defamatory, pornographic, and obscene or in violation of these Terms of Service.

You agree not to use the site to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating compute programs “Worms” or any code of a destructive or malicious nature.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.

Site Interruption

Boostcycle makes every effort to keep the Site and Service up and running. However, the Site is hosted through a third party, and we do not always have advanced notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled and/or licenses by Boostcycle. Other trademarks appearing on the Site are the trademarks of Boostcycle and/or its subsidiaries.

The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Consulting a Doctor/Activity Risk

Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that Boostcycle assumes no risk or liability for your participation in the activities and you participate at your sole discretion and risk. You shall not use Boostcycle’s facility, service, or equipment in such a way as to endanger the health or safety of you or others. You shall be responsible for any property damage or personal injury caused by you or your guests. You agree not to violate any laws while at Boostcycle. 

Release of Liability Agreement

Before beginning any services with Boostcycle, you must print and sign the New Rider Waiver Agreement, or in person at our studio. By signing the New Rider Waiver Agreement you will waive certain rights, including the right to sue, so please read it carefully and discuss any concerns or questions with your attorney or advisors before signing.

Payments, Refunds, and Cancellation Policy

The prices displayed on the site are quoted in U.S. dollars. Boostcycle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

In order to cancel a Boostcycle class, you must cancel your bike 12 hours prior to the class. Once your bike is cancelled, the class will be returned to your series pass to be used at a future date; the class is not refunded. If you have not cancelled your bike 12 hours prior to the scheduled class, your scheduled class will be charged to your series pass.  If you currently hold a BOOST MONTH or BOOST YEAR pass please be advised you will automatically be charged a cancellation fee of $22 after your second late cancel. You can cancel your reservation in the following ways:

 Before 12 hours prior to the class - log into your account; under My Classes select “cancel” next to the class you wish to cancel, this will be considered an early cancel and you will not be charged for your ride.

After 12 hours prior to the class - log into your account; under MY classes select "cancel" next to the class you wish to cancel or call the studio and we will cancel the class for you. Please note this is will considered a "late cancel" and a class will be deducted from your series. 

We reserve the right to change the price and will try to provide notice of such changes. All single class pass, or series (group of classes) pass purchased are non refundable/ non exchangeable. 

Connecticut Buyers Right to Cancel

HEALTH CLUBS Current with material published in Conn.L.J. through 6/10/08 Sec. 21a-224-1. Buyer's right to cancel a health club contract within three business days after receipt of said health club contract (a) Every buyer of a health club contract may cancel said contract within three business days after the date of receipt of a copy of said contract by the buyer by mailing by certified or registered mail a written notice to the seller stating that the buyer does not wish to be bound by the health club contract. b) For the purpose of the definition of "business day" set forth in Connecticut General Statutes, Section 21a-216 (2), legal holidays shall be those days designated as such by Connecticut General Statutes, Section 1-4, as it may from time to time be amended. (c) The three business day cancellation period for health club contracts shall not include the day on which the buyer received a copy of said contract. (d) Cancellations pursuant to this section shall be without liability on the part of the buyer except for the fair market value of services actually received and the buyer shall be entitled to a refund of the entire consideration paid for the contract, if any, less the fair market value of the services or use of facilities already actually received. (Effective July 27, 1984, formerly 19-341i-1.)

 Sec. 21a-224-2. Cancellation of a health club contract when the buyer relocates further than twenty-five miles from the health club (a) The health club contract of every buyer who relocates further than twenty-five miles from the health club facility operated by the seller or a substantially similar health club facility which would accept the seller's obligation under the contract may be cancelled at the election of the buyer. (b) The phrase "twenty-five miles from the health club facility" shall be considered twenty-five travel miles by road, street or highway. (c) The buyer who cancels his contract pursuant to subsection (a) of this section shall be relieved of any further obligation for payment under the contract not then due and owing at the time of the notice of cancellation. For the purpose of this subsection, the obligation under the contract then due and owing is the pro-rata portion of the contract price representing the period of time for which services were actually received. (Effective July 27, 1984, formerly 19-341i-2.) 

Sec. 21a-224-3. Cancellation of a health club contract when the buyer dies (a) The health club contract of every buyer who dies shall be cancelled. (b) The estate of the buyer whose contract was cancelled pursuant to subsection (a) of this section shall be relieved of any further obligation for payment under the contract not then due and owing. For the purpose of this subsection, the obligation under the contract then due and owing is the pro-rata portion of the contract price representing the period of time for which services were actually received. (Effective July 27, 1984, formerly 19-341i-3.) 

Sec. 21a-224-4. Buyer's right to cancel a health club contract when the buyer becomes disabled

(a) When a buyer of a health club contract becomes disabled during the membership term, the buyer shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which he is disabled or (2) extending the duration of the original contract at no cost to the buyer for a period equal to the duration of the disability. (b) "Disabled" or "disability" means a condition which has existed more than forty-five days which prevents a buyer from utilizing the health club to the same extent he utilized it before commencement of such condition. (c)(1) If the buyer notified the health club that he has become disabled, the health club shall notify the buyer in writing within fifteen days of receipt by the health club of the buyer's notice of disability and any doctor's certificate which may be required by Connecticut General Statutes, Section 21a-217 that: (a) the health club will not require the buyer to submit to another physical examination; or (b) the health club requires the buyer to submit to another physical examination and that the buyer's obligations under the contract are suspended pending determination of disability. If the health club fails to send such written notice to the buyer within fifteen days, the health club shall be deemed to have accepted the disability. (2) If the health club requires the buyer to submit to another physical examination, all obligations of the buyer for payment under the contract will be suspended as of the date the health club receives notice of disability. The buyers obligation will not resume until such time as a determination is made either by consent of the buyer and the health club or through adjudicative proceedings, that disability does not exist. (d) A buyer who is disabled may, at the buyer's option, extend the duration of the original contract at no cost to the buyer for a period equal to the duration of the disability, or remain liable for partial payment on the contract as follows: (1) A buyer who is disabled for a period of less than the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the total number of weeks specified in the contract less the number of weeks of disability, the difference being divided by the total number of weeks specified in the contract and the result of that division being multiplied by the total contract price. (2) A buyer who is disabled for the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the number of complete weeks before the commencement of disability for which the services or facilities were made available to the buyer divided by the total number of weeks specified in the contract with the result being multiplied by the total contract price. (3) If the reasonable probabilities are that the buyer will be disabled for the full remaining term of the contract, and the buyer has elected not to extend the duration of the contract as provided in this subsection, the health club shall cancel the buyer's contract at the time such a determination is made and notify the buyer in writing that the contract has been cancelled. (4) Any money paid by the buyer which is in excess of the amount for which he is liable under the provisions of this section shall be refunded by the seller to the buyer. (5) A health club which received notice of disability from a buyer shall provide such buyer with a written form which shall fully explain the buyer's option as set forth in this subsection. Such form shall provide on it a location where the buyer shall indicate in writing the option he has chosen. Such form shall be signed by the buyer and the health club. (Effective July 27, 1984, formerly 19-341i-4.) 

Sec. 21a-224-5. Refunds

Any refund to the buyer as a result of cancellation of the contract shall be delivered by the health club to the buyer within fifteen business days of receipt by the health club of the notice of cancellation. (Effective July 27, 1984, formerly 19-341i-5.) 

Cancellation and Termination of Accounts

Boostcycle has the right to suspend access to any user at any time for failing to comply with the Terms of Services. Upon cancellation or termination, all content associated with such subscription will be deleted immediately. 

Proprietary Rights

Boostcycle owns all legal right, title, and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of Boostcycle’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 

Newsletter Subscription

By agreeing to these Terms of Service, you agree to be added to our email newsletter list. You can opt-out at any time by contacting us.

User Comments, Feedback, and Other Submissions. 

Boostcycle is pleased to hear from users and welcomes your comments regarding our products and Service. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Boostcycle may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. Boostcycle is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Boostcycle has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Boostcycle or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Boostcycle takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Account Security

You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to Boostcycle, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.

Disclaimer, Limitation of Liability, and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS, ALL PRODUCTS AND ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. Boostcycle DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOSTCYCLE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH BOOSTCYCLE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MANY ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BOOSTCYCLE NOT ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OF CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. BOOSTCYCLE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY REVOLUTION STUDIO’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOSTCYCLE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. 

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Boostcycle agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Boostcycle or to you at: your last-used billing address or the billing and/or shipping address in your online profile. If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue to the non-binding mediation in Calcasieu Parish. Both you and Boostcycle agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party. 

Choice of Law

 This Agreement shall be construed in accordance with the laws of the State of Connecticut, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Connecticut. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Boostcycle’s right to require strict observance of each of the terms herein.

Severability

If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. 

Termination

These terms are effective unless and until terminated by either you or Booscycle. You may terminate this Agreement at any time by termination your account and discontinuing use of the Site. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgement you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. 

Entire Agreement

These terms represent the entire agreement regarding your use of the Website. The terms of Service may be modified from time to time by us by providing notice of such update on the Website or via email notice to you.