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TERMS & CONDITIONS
All customers and visitors to www.wheelpowerstudio.com (the “Website” or “Site”) or to the WheelPower Studio premises are subject to the Terms and Conditions expressed herein.
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 (“Terms”) 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.
Welcome to www.wheelpowerstudio.com. The Site is provided as a means for visitors and Members (users who pay for the classes) to have access to studio information including but not limited to reserving and paying for 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 on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms 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 (WheelPower Studio 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 are on the Site. If you do not agree to these terms, please do not use the Site.
In order to make a reservation, you must first purchase a single class, a class package (group of classes) or an unlimited monthly membership. To buy a class package, you can (a) sign-up online at www.wheelpowerstudio.com or (b) show up at the WheelPower Studio facility and sign up with one of our representatives. If you already have a username and password you can click www.wheelpowerstudio.com/login to buy a series and make your reservation.
Please note that if you purchase a recurring monthly membership, you agree to allow WheelPower Studio to keep your credit card on file. As a monthly membership purchaser, in the event you fail to show up to a scheduled class or you fail to comply with the cancellation policy set forth in these Terms, a fifteen dollar ($15.00) penalty per missed reservation will apply.
You should be aware that the class packages expire as described on the BUY CLASSES page and that future prices are subject to change.
You can reserve classes up to 2 weeks in advance.
WheelPower Studio provides you the option to use our automatic draft service for monthly memberships. In the event you want to cancel your use of WheelPower Studio’s automatic draft service, you shall provide written notice at firstname.lastname@example.org. Please allow up to 10 days to cancel the automatic draft service.
Your credit card/debit card will be charged for your order when you submit payment. WheelPower Studio shall charge a processing fee of twenty-five dollars ($25) in the event you provide WheelPower Studio with an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs is you 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 WheelPower Studio may incur in its efforts to collect any unpaid balances from you.
Payments, Refunds, and Cancellation Policy
The prices displayed on the site are quoted in U.S. dollars. WheelPower Studio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In order to cancel a WheelPower Studio class, you must cancel your space 12 hours prior to the stated class time. Once your spot is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you have not cancelled your spot 12 hours prior to the scheduled class, and you purchased your class via a package, your scheduled class will be deducted from your account. If you are a monthly membership holder, and you do not cancel your reservation within 12 hours of the scheduled class, you will be subject to a fifteen dollar ($15.00) penalty described above.
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; or
- Before 12 hours prior to the class – call the studio, and we will cancel the class for you.
We reserve the right to change our prices and will try to provide notice of such changes. Payment for services will be accepted via MasterCard, Visa, Discover, American Express, and cash (in studio). When you enter in your credit card information we will securely store it. Further, if you incur any cancellation fees, we will charge your primary credit card on file.
If a class is full, you have the option to sign up for our waitlist. If a spot in a class opens up, we will give it away automatically to the first person on the waitlist, in the order of waitlist sign-up. The waitlist is not an option unless you have a class, package or membership already purchased.
If you sign up to be on a waitlist for a class, three things can occur:
- The class remains full and you will not get a spot in the class. The class will be returned to your account to be used at a later time;
- A spot opens up before our cancellation window closes (at least twelve (12) hours before the class). You will automatically be added to the class and will receive an email notification.
- A spot opens up within our cancellation window. We will email you (or call or text if possible) and you will have the option to enroll in the class. If you chose not to enroll, the class will be returned to your account. If you do not respond to our attempt to contact you within two hours of the class, you will not be enrolled in the class and the next person on the waitlist will get that spot.
If you are on a waitlist, we assume that you want to take the class. When you are automatically enrolled from the waitlist prior to the cancellation window closing (#2 above), our standard cancellation policy will apply. If you can no longer make a class that you are waitlisted for, you must take yourself off the waitlist at least twelve (12) hours before the class start time to prevent any late cancellation charges. While we appreciate and understand the desire to secure yourself a spot in one class while being waitlisted in another, please note that we do not offer the option of swapping classes. If you end up scheduled for both classes, you will be charged accordingly.
Late Arrival Policy
If you think you may be late to a class, please call in advance and let us know you are on the way! If we are not aware that you will be coming late, a class spot will be released 4 minutes before the scheduled class. To keep disruptions to a minimum, riders who arrive 10 minutes after the scheduled class will not be admitted.
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 WheelPower Studio assumes no risk or liability for your participation in the activities and you participate at your sole discretion and risk. You shall not use WheelPower Studio’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 WheelPower Studio.
Release of Liability Agreement
Before beginning any services with WheelPower Studio, you must sign a copy of Release of Liability Agreement & Waiver when you arrive in person at our studio for your first class (in addition to the Waiver and Release below). By signing the Release of Liability Agreement you will waive certain rights, including the right to sue, so please read it carefully and discuss with your attorney or advisors before signing. If you wish to consult with counsel on the Release of Liability Agreement, we suggest you stop by the studio in advance of your first class to pick up a copy of the agreement.
Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of WheelPower Studio, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with indoor cycling and the use of exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from minor injuries to catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the WheelPower Studio staff, you would be at physical risk participating in WheelPower Studio’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish WheelPower Studio with an opinion letter from your medical doctor, at your sole cost and expense that you are fit to engage in our classes. In consideration of being allowed to participate in and access the Classes and Facilities, 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) release, indemnify, and hold harmless WheelPower Studio, its owners, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of WheelPower Studio’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using WheelPower Studio’s Classes and Facilities, and should not be participating in any Classes and you assume all risk of use of the of the Classes and Facilities and hold Wheelpower Studio, its owners, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities.
Parking is free. WheelPower Studio is not responsible for any damage, loss, destruction or theft to you or your vehicle by way of utilizing the parking lot. You acknowledge that use of the parking lot is done so at your own risk. You hereby release WheelPower Studio and its owners, officers, employees, agents, contractors and affiliates from any and all liability and claims relating to your use of said parking facility, whether for personal injury, property damage or loss.
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.
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.
WheelPower Studio makes every effort to keep the Site up and running. However, the Site is hosted through a third party, and we do not always have advance notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.
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 WheelPower Studio.
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.
Cancellation and Termination of Accounts
WheelPower Studio has the right to suspend access to any user at any time for failing to comply with the Terms. Upon cancellation or termination, all content associated with such subscription will be deleted immediately.
WheelPower Studio 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 WheelPower Studio’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
By agreeing to these Terms you agree to be added to our email newsletter list. You can opt-out at any time by contacting us, or selecting to unsubscribe at the bottom of any email.
User Comments, Feedback, and Other Submissions
WheelPower Studio is pleased to hear from users and welcomes your comments regarding our products and services. 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 WheelPower Studio 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. WheelPower Studio 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. WheelPower Studio 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 WheelPower Studio or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. WheelPower Studio takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Site
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 WheelPower Studio, 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
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and WheelPower Studio 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 WheelPower Studio at the studio’s physical address 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 Illinois. Both you and WheelPower Studio 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.
If the parties cannot resolve their dispute through the use of mediation, then, the parties shall submit to arbitration for the final resolution of the dispute. Any controversy or claim arising out of or relating to this contract, or the breach thereof which is submitted for arbitration, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of Arbitration shall be Lake Country, IL. Illinois law shall apply. Judgment on the award rendered by the arbitrator9s) may be entered in any court having jurisdiction thereof.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Illinois, 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 Illinois. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of WheelPower Studio’s right to require strict observance of each of the terms herein.
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.
These terms are effective unless and until terminated by either you or WheelPower Studio. 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.
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.