TERMS AND CONDITIONS

 

SWERVE FITNESS

Terms & Conditions of Purchase

These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of classes or package of classes (“Purchaser”).

Section 1: Fees and Payments

  1. Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities of SWERVE Fitness (the “Studio”).
  2. Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or smoothie bar transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows. 
  3. Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
  4. Disputed Charge Penalty. In the event that a Purchaser initiates a credit card dispute that is subsequently resolved in the Studio’s favor, the Studio shall have the right to charge Purchaser up to $50 per occurrence.
  5. Cancellation of Classes. Purchaser may cancel his or her reservation (either on the Studio's website www.swervefitness.com, or by calling the Studio at the phone number specified on the Studio's website) no later than twelve (12) hours prior to the reserved class in order to retain the full class credit. Classes not cancelled prior to that time will be revoked.

Section 2: Classes

  1. Revocation of Classes. The Studio (in its sole discretion) may revoke Purchaser’s class, class series or class credits, at any time and without refund, in the event that Purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require Purchaser to leave for the day if, in the Studio’s reasonable judgment, Purchaser poses a health or safety risk to Purchaser or others, or is disturbing or likely to disturb other participants or staff.
  2. Use Privileges. Purchaser must abide by the individual rules of the Studio. Additionally, the Studio (in its sole discretion) reserves the right to revoke or suspend Purchaser’s class, class series or class credits if Purchaser has purchased a class, class series or class packages, and allows persons other than Purchaser to use Purchaser’s account to book and/or attend classes.

Section 3: Purchaser Risk

  1. Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
  1. Orientation. Purchaser is strongly encouraged to arrive early prior to their first ride as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
  2. Purchaser Conduct. Purchaser shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while in any Studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
  3. Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS.  The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
  4. Medical Disclaimer. Purchaser has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.
  5. Purchaser’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
  6. Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in Studio activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release JMEP, LLC dba SWERVE Fitness and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment). Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment.) Additionally, Purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of the Studio and associated activities.
  7. Prevailing Party. In the event Purchaser commences an action against the Studio or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchaser’s favor, Purchaser shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
  8. Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Purchaser.
  9. Loss of Property. Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).

Section 4: General Provisions

  1. Purchaser and Guests Rules. Purchaser and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.
  2. Lockers. Lockers are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker overnight.
  3. Pets and Bicycles. Pets and bicycles are not permitted in the Studio.
  4. Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
  5. Independent Contractors. From time to time, the Studio may make the services of independent contractors available to Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.
  6. Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s standard release agreement.
  7. Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
  8. Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
  9. Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Studio unless they are in a supervised activity. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management.

Section 5: Miscellaneous

  1. Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
  2. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
  3. Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
  4. Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of New York, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in New York, New York for any actions, suits or proceedings arising out of or relating to this agreement.
  5. Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.

 

Agreement between user and SWERVE Fitness

Welcome to the SWERVE Fitness website, www.swervefitness.com (the “Site”). The Site is comprised of various web pages operated by SWERVE Fitness and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms and SWERVE Fitness' Privacy Policy, found below under the section labeled "Privacy Policy." This agreement sets forth the legally binding terms for your use of the site. If you do not agree with all of the provision of this agreement, do not access and/or use the Site.

Your account

To access certain features of this Site, you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SWERVE Fitness is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify SWERVE Fitness immediately of any breach of security or unauthorized use of your account. SWERVE Fitness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.

Cancellation / Refund Policy

Reserved bikes may be cancelled up until 12 hours prior to the scheduled class without penalty. Bikes can be cancelled by logging onto your account or calling the studio. Bikes not cancelled before 12 hours prior to the scheduled class will result in the loss of class credit.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SWERVE Fitness and SWERVE Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SWERVE Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SWERVE Fitness of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.swervefitness.com domain, you hereby acknowledge and consent that SWERVE Fitness may share such information and data with any third party with whom SWERVE Fitness has a contractual relationship to provide the requested product, service or functionality on behalf of www.swervefitness.com users and customers.

Mobile Services

The Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier's normal messaging, data and other rates and fees will apply.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.swervefitness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SWERVE Fitness that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SWERVE Fitness or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SWERVE Fitness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SWERVE Fitness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SWERVE Fitness or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your SWERVE Fitness account to third party accounts. By connecting your SWERVE Fitness account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by SWERVE Fitness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SWERVE Fitness Content accessed through www.swervefitness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless SWERVE Fitness, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SWERVE Fitness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SWERVE Fitness in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWERVE FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SWERVE FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWERVE FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWERVE FITNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWERVE FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Account Termination / Access Restriction

SWERVE Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SWERVE Fitness as a result of this agreement or use of the Site. SWERVE Fitness's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SWERVE Fitness's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SWERVE Fitness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SWERVE Fitness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SWERVE Fitness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SWERVE Fitness reserves the right, in its sole discretion, to change the Terms under which www.swervefitness.com is offered. The most current version of the Terms will supersede all previous versions. SWERVE Fitness encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

SWERVE Fitness welcomes your questions or comments regarding the Terms at  info@swervefitness.com

 

LAST REVISED ON: November 20, 2014  

 
    

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