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These Terms of Service (the “Terms”) govern your use of (including any access to) any website or application (together with any successor websites or applications thereto) owned and/or operated by Soca J'Ouvert Cycle Inc. (“Soca,” “we,” or “us”), and any information, services, products, materials, programs and offerings offered through the website and/or the application (collectively, the “Services”) to you (each, a “Participant,” and collectively, “Participants”).
By signing the Waiver and Release of Liability below (the “Waiver”), or by checking any box or clicking a button marked “Purchase” or any similar designation, you signify that you have read, understand and agree to be bound by these Terms, as they apply to all Participants.
We will provide the Service to you as described in these Terms. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT THAT: (i) you have consulted with (or had the opportunity to consult with) a licensed physician prior to participating in any exercise program; (ii) you are in adequate physical health to safely participate in any Service, including but not limited to high-intensity indoor cycling and group fitness classes; (iii) you are physically fit and have no medical condition, physical limitation, or disability that would prevent your full and safe participation in any Service; and (iv) you understand that indoor cycling is a high-intensity activity requiring physical exertion that may be strenuous and carries inherent risks of physical injury, and you are fully aware of and voluntarily assume all such risks. Soca and its affiliates are not responsible for any injury or harm resulting from participation in any Service. Each Participant must agree to these Terms and the Waiver prior to participation. The Waiver (and, where applicable, written physician's approval) must be completed online before a Participant attends his or her first class. You further confirm that you have fully disclosed to us all of your injuries and illnesses past and present. In addition, you agree to report any changes in your physical condition, including pregnancy, to us immediately. If you feel any discomfort in performing a given exercise, you understand that it is your responsibility to stop and inform your instructor immediately.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This is a contract between you and Soca. You must read and agree to these Terms before using any part of the Service. You may participate in the Services only if you can form a binding contract with Soca, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. No individual under the age of eighteen (18) may participate in the Services unless such individual's parent or legal guardian has reviewed, agreed to, and executed these Terms (including the Waiver) on such individual's behalf.
A. Payments. To register for and participate in the Service, you must provide valid payment information, including but not limited to a credit card, debit card, or other payment method accepted by Soca (a “Payment Method”). By providing a Payment Method, you represent and warrant that you are authorized to use such Payment Method and authorize Soca (or its third-party payment processor) to charge your Payment Method for all fees and charges incurred in connection with the Service, including applicable taxes. You acknowledge and agree that Soca may use one or more third-party payment processors to process payments and that your use of such payment processing services may be subject to additional terms and conditions imposed by such third-party processors.
B. Failed or Declined Payments. In the event that any charge to your Payment Method is declined, fails, or is otherwise unsuccessful, Soca reserves the right to (i) reattempt the charge to your Payment Method on file, (ii) suspend or cancel your class booking or access to the Service until payment is successfully processed, and (iii) charge a reasonable administrative fee of up to twenty-five dollars ($25.00), which Soca may charge to your Payment Method on file for each declined, failed, or otherwise unsuccessful charge, plus any related fees imposed by your bank or our payment processor, in each case in addition to, and not in lieu of, any unpaid Fees. You are responsible for ensuring that your Payment Method information on file with Soca is current, accurate, and valid at all times. Soca will not be liable for any loss, damage, or inconvenience arising from declined or failed payment transactions.
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) post on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, X (formerly known as Twitter), Facebook, Tumblr, Pinterest, YouTube and TikTok, which are tagged with any Soca promoted hashtag (collectively, the “Content”) will be deemed nonconfidential and nonproprietary. By posting any Content, you grant to Soca and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Content, as well as your name, persona and likeness included in any Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Content. Soca will be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Soca will have no obligation to monitor Content, use or display Content, compensate you for posting Content or respond to any Content. Soca retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Content.
By posting Content related to the Services on your social media accounts, you represent and warrant that (i) you own or control any and all rights in and to the Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are eighteen (18) years of age or older; and (iv) the Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Soca, you will furnish Soca with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the Content and you hereby agree to indemnify and hold Soca and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Except for your Content, the Soca studio, website, and all materials therein, including, without limitation, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, training methodologies and class programming (the “Soca Content”), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Soca and its licensors (including other Participants who post Content related to the Service). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Soca Content. Use of the Soca Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
We care about the privacy of our Participants. You understand that by using the Service, including any studio equipment such as stationary bicycles, heart rate monitors, and other fitness-related equipment, you consent to the collection, use, and disclosure of your personally identifiable information, biometric data, performance metrics, and to have such information collected, used, transferred to, and processed in the United States. For further information regarding our collection, use, and disclosure of your information, please refer to the Privacy Policy attached hereto as Annex A and incorporated herein by reference.
A. Premises. If you participate in an in-person Service, you acknowledge and agree that the Service will be provided at a studio location designated by Soca (the “Premises”). Soca reserves the right to manage, control, and restrict access to the Premises at its sole discretion. You agree to comply with all rules, policies, and guidelines established by Soca for the use of the Premises, including but not limited to studio capacity limits, check-in procedures, and any health and safety protocols in effect at the time of your visit. Soca reserves the right to deny entry to or remove any Participant from the Premises who fails to comply with such rules, policies, or guidelines, or who arrives unreasonably late or whose conduct Soca deems, in its sole discretion, to be disruptive, unsafe, or otherwise inappropriate. You acknowledge that Soca may change the location of the Premises from time to time and will use commercially reasonable efforts to provide advance notice of any such change. Participants who register in person at the Premises, including walk-in and drop-in participants, must execute a physical copy of these Terms (including the Waiver) before participating in any class. Such execution constitutes acceptance of these Terms in the same manner as an online registration. Soca reserves the right to deny participation to any individual who declines to execute these Terms.
B. General Studio Policy. All in-person classes are forty-five (45) minutes in duration and commence at the scheduled start time. You are expected to arrive at the Premises punctually in order to participate in the warm-up segment and to receive the full benefit of the class. A five (5)-minute grace period shall be permitted for late arrivals; following the expiration of such grace period, the studio doors shall be locked and no Participant shall be admitted for the remainder of the class. No refund, class credit, or other compensation shall be issued to any Participant who is denied entry due to a late arrival following the expiration of the grace period. You are requested not to arrive at the Premises more than ten (10) minutes prior to the scheduled class start time, as instructors require adequate time to clear the studio, sanitize equipment, and prepare for the upcoming class.
C. Equipment. You acknowledge and agree that the equipment provided at the studio, including but not limited to stationary bicycles, heart rate monitors, audio and visual systems, and other fitness-related equipment, is made available to you solely at your own risk. You agree to allow Soca and our agents the rights to adjust, set up, maintain, inspect, repair, and upgrade the equipment as necessary in connection with the Service. You represent and warrant that you will use the equipment only in accordance with any instructions or guidelines provided by Soca or its agents. You agree not to modify, tamper with, disassemble, or otherwise alter the equipment without prior written authorization from Soca. You are responsible for promptly reporting any equipment malfunction, damage, or safety concern to Soca or its agents. In the event that you bring your own equipment to the studio for use in connection with the Service, you represent and warrant that you are the owner of such equipment.
D. Video Recordings. As part of the Service, Soca (and/or others on our behalf) may record (both audio and video) parts of the Service (“Recordings”). Such Recordings may occur during group cycling classes, events, or other activities held at the Premises or any other location where the Service is provided. By agreeing to these Terms and participating in the Service: (i) you agree that your image, likeness, voice, statements and other identifying characteristics (your “Image”) may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings; (ii) you irrevocably grant Soca and its agents, contractors, licensees and designees and their respective successors and assigns (the “Soca Parties”) a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise use the Recordings and your Image therein, in whole or in part, in any and all media in order to provide, promote, advertise, and market the Service, including but not limited to use on Soca's website, social media accounts, and other marketing and promotional materials; (iii) you waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that Soca is not obligated to make any use of your Image or exercise any of the rights granted to it; (iv) you waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein; and (v) you represent that you are of full legal age, have read this Section and fully understand its contents.
These Terms will be in effect from the time that the Participant first registers for or attends a class until completion of the Service. The Service begins on the earliest of (i) the day the Participant's registration or booking for a class is confirmed, (ii) the day payment for the class is processed, or (iii) the day the Participant first participates in a class.
A. Termination. Soca reserves the right to suspend or terminate any Participant's access to the Service, and to deny entry to the Premises, at any time, including but not limited to: (i) non-payment or failure to maintain a valid Payment Method on file; (ii) conduct Soca deems, in its sole discretion, to be disruptive, unsafe, or inappropriate; (iii) breach of any provision of these Terms; or (iv) any other reason Soca determines warrants termination. In the event of termination for cause under clauses (i)–(iii), no refund of prepaid Fees shall be owed. Soca's termination right is in addition to all other rights and remedies available at law or in equity.
A. Pricing. All fees for the Service, including but not limited to single-class fees, class packages, memberships, and any other offerings (collectively, the “Fees”), will be as set forth on Soca's website or at the point of sale at the time of purchase. Soca reserves the right to modify, increase, or otherwise adjust the Fees at any time in its sole discretion, provided that any such changes will not affect Fees already paid for confirmed class bookings. All Fees are quoted in United States Dollars and are exclusive of applicable taxes, which will be added at the time of purchase where required by law.
B. Cancellation Policy. All purchases of classes, class packages, memberships, or other Services are final and non-refundable, except as expressly set forth herein or as required by applicable law. If you wish to cancel a confirmed class booking, you must do so at least five (5) hours prior to the class start time, as published on Soca's website or as otherwise communicated to you at the time of booking. Upon timely cancellation of a confirmed booking, no monetary refunds shall be issued and the applicable class credit shall be applied to your account for use toward a future class.
Failure to cancel a confirmed class booking within the applicable cancellation window, or failure to attend a confirmed class without prior cancellation, shall result in forfeiture of the applicable class credit and the assessment of a $10.00 fee, which shall be charged to your Payment Method on file. Soca reserves the right to modify its cancellation policy at any time, and any such modifications will be effective upon posting to Soca's website or upon notice to you.
C. Waitlists. If you place yourself on a waitlist for a class, you are responsible for monitoring any notifications sent to you up to five (5) hours prior to the class start time and for reviewing your account to determine whether you have been moved into the class. If you are moved from the waitlist and into a confirmed class booking, you shall be deemed to have accepted such booking and shall be subject to the cancellation requirements set forth in this Section.
D. Promotional Offers and Credits. From time to time, Soca may offer promotional pricing, discounts, complimentary classes, or other credits in connection with the Services. Such promotional offers are subject to any additional terms and conditions specified by Soca at the time of the offer, are non-transferable unless otherwise stated, and may be modified, suspended, or terminated by Soca at any time in its sole discretion. Promotional offers and credits have no cash value and may not be redeemed for cash or combined with other offers unless expressly permitted by Soca.
By participating in the Services, you acknowledge that: (i) indoor cycling involves inherent risks of physical injury, including muscle strains, joint injuries, cardiovascular events, and other bodily harm; (ii) you voluntarily participate with full knowledge of such risks; and (iii) you hereby release, waive, and discharge Soca and its officers, directors, employees, and agents (the “Released Parties”) from any and all claims, damages, and liabilities arising out of or relating to personal injury, bodily harm, or death sustained in connection with your participation in the Services or use of any equipment, whether caused by the ordinary negligence of the Released Parties or otherwise, to the fullest extent permitted by applicable law.
You hereby agree to release Soca from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Participants) in connection with the Services. In addition, you waive any applicable law or statute, which says, in substance: “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.”
You agree to defend, indemnify and hold harmless Soca and its associates, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your participation in the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above, including but not limited to the terms in Section 5 (Premises and Equipment); (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any unauthorized use of a class booking, class credit, or access to the Service obtained or held in your name.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PARTICIPATION IN THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOCA DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EQUIPMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SOCA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CLASS INSTRUCTION, PROGRAMMING, OR RELATED CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR FITNESS OR HEALTH REQUIREMENTS OR GOALS; THAT THE PREMISES OR ANY PARTICULAR CLASS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN EQUIPMENT OR THE PREMISES WILL BE CORRECTED; OR THAT THE STUDIO ENVIRONMENT IS FREE OF HAZARDS OR CONDITIONS THAT MAY POSE A RISK OF INJURY. ANY PARTICIPATION IN GROUP FITNESS CLASSES OR USE OF EQUIPMENT PROVIDED THROUGH THE SERVICE IS UNDERTAKEN AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS, OR DAMAGE THAT RESULTS FROM SUCH PARTICIPATION OR USE.
SOCA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, AT THE PREMISES, OR THROUGH ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NUTRITIONAL SUPPLEMENTS, FITNESS APPAREL, WEARABLE TECHNOLOGY, OR THIRD-PARTY WELLNESS OR RECOVERY SERVICES. SOCA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES. ANY RELIANCE ON OR USE OF SUCH THIRD-PARTY PRODUCTS OR SERVICES IS AT YOUR SOLE RISK.
FEDERAL LAW, THE STATE OF NEW YORK AND OTHER APPLICABLE JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN THE SERVICE, INCLUDING BUT NOT LIMITED TO GROUP CYCLING CLASSES HELD AT THE PREMISES OR THE USE OF ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH. UNDER NO CIRCUMSTANCES WILL SOCA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR PARTICIPATION IN THE SERVICE, INCLUDING BUT NOT LIMITED TO INJURIES SUSTAINED DURING GROUP CYCLING CLASSES, USE OF STATIONARY BICYCLES OR OTHER EQUIPMENT, OR ANY OTHER ACTIVITIES CONDUCTED AT THE PREMISES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, EQUIPMENT DAMAGE, OR OTHER PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM PARTICIPATION IN GROUP CYCLING CLASSES, USE OF EQUIPMENT, OR ANY OTHER ACTIVITIES CONDUCTED AT THE PREMISES OR IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION, CANCELLATION, OR CESSATION OF ANY SCHEDULED CLASS OR THE SERVICE; (V) ANY MALFUNCTION, DEFECT, OR FAILURE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO STATIONARY BICYCLES, HEART RATE MONITORS, AUDIO OR VISUAL SYSTEMS, OR OTHER FITNESS-RELATED EQUIPMENT PROVIDED AT THE PREMISES; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL SOCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SOCA HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU UNDERSTAND THAT EQUIPMENT PROVIDED AT THE PREMISES, INCLUDING BUT NOT LIMITED TO STATIONARY BICYCLES, HEART RATE MONITORS, AND OTHER FITNESS-RELATED EQUIPMENT, MAY NEED TO BE ADJUSTED, SERVICED, REPAIRED, OR REPLACED BY US OR OUR AGENTS IN CONNECTION WITH THE SERVICE. THE ADJUSTMENT, SERVICING, REPAIR, OR REPLACEMENT OF EQUIPMENT USED IN CONNECTION WITH THE SERVICE MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR OTHER PARTIES RELATING TO SUCH EQUIPMENT. NEITHER WE NOR OUR AGENTS WILL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF SUCH WARRANTIES. NEITHER WE NOR OUR AGENTS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE EQUIPMENT EXCEPT AS MAY BE CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US OR OUR AGENTS, WE WILL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED EQUIPMENT UP TO A MAXIMUM OF $250.00, AND THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL CLAIMS AGAINST US FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SERVICE AND ANY OTHER SERVICE, FACILITY, OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY PERSONAL FITNESS DEVICES, WEARABLE TECHNOLOGY, OR OTHER EQUIPMENT YOU MAY BRING TO THE PREMISES. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY WILL BE TO CEASE PARTICIPATION IN THE AFFECTED CLASS OR TERMINATE THE SERVICE IN ACCORDANCE WITH SECTION 6 (TERM).
The Services are controlled and operated from facilities located in New York City, New York. Soca makes no representations that the Service is appropriate or available for use in other locations. Unless otherwise explicitly stated, all materials found on the Service and all group cycling classes offered at the Premises are solely directed to individuals located in the United States.
A. Governing Law. You agree that: (i) the Services will be deemed solely based in New York; and (ii) these Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York City, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Soca. For any dispute with Soca, you agree to first contact us at socajouvertcycle@gmail.com and attempt to resolve the dispute with us informally. In the unlikely event that Soca has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York City, New York, unless you and Soca agree otherwise.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and Soca are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
A. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Soca without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to these Terms. Soca may change these Terms at any time, and Soca may notify you of such changes by any reasonable means, including by making the updated Terms available through the Services. Soca may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Soca in our sole discretion. Soca reserves the right to determine the form and means of providing notifications to you. Soca may, in its sole discretion, modify or update these Terms from time to time, and you should therefore review this page periodically. When we change these Terms in a material manner, we will update the “last modified” date at the top of this page and/or notify you that material changes have been made to these Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms.
C. Note Regarding Health-Related Information. YOUR USE OF THE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). 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 YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OF OR RELIANCE ON ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.
OUR SERVICES, AND ANY HEALTH INFORMATION, (I) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (II) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (III) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE SERVICES.
These Terms, together with any orders, amendments and any additional agreements you may enter into with Soca in connection with the Service, will constitute the entire agreement between you and Soca concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Soca's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
BY CLICKING “I ACCEPT” BELOW, I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTOOD THESE TERMS, AM FAMILIAR WITH ITS CONTENTS AND FURTHER UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL. THIS INSTRUMENT IS LEGALLY BINDING AND I HAVE ACCEPTED THIS DOCUMENT VOLUNTARILY.
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