TERMS, CONDITIONS & LIABILITY RELEASE
RELEASE OF LIABILITY
By signing up for and/or attending classes, events, activities, and other programs and using the premises, Facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and 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 (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand all safety instructions that are posted on the Website. 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 The Studio @ Beacon staff, you would be at physical risk participating in The Studio @ Beacon’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Studio @ Beacon with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Studio @ Beacon’s concerns and stating that The Studio @ Beacon’s concerns are unfounded. 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 The Studio @ Beacon, 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, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of The Studio @ Beacon’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 The Studio @ Beacon’s Classes and Facilities, and should not be participating in any Classes.
USE OF PHOTOGRAPHY/VIDEO
I grant to The Studio @ Beacon, LLC, the right to take photographs of me. I authorize The Studio @ Beacon, LLC its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that The Studio @ Beacon may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. I agree that if I do not want my picture taken, it is my responsibility to inform the staff at The Studio @ Beacon, LLC. The Studio @ Beacon will respect and honor all requests to not be photographed.
TERMS & CONDITIONS
All customers of The Studio @ Beacon LLC and visitors to www.studiobeacon.wpengine.com (the “Website”) are subject to the Terms and Conditions expressed below.
The Studio @ Beacon’s Terms and Conditions were developed to ensure that our customers and visitors are using our facilities and services with due regard to their rights and the rights of other users, and in conformity of The Studio @ Beacon’s procedures, rules, regulations, and requirements. By browsing and/or using this Website, whether through your personal computer, mobile device or otherwise, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions (including, without limitation, the Reservations, Cancellations and Return Policies and Legal Notice provided below) and to comply with all applicable laws and regulations. If you do not agree, please do not use The Studio @ Beacon’s Website.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version, which will always be posted at www.studiobeacon.wpengine.com. The Studio @ Beacon may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications and revisions. Nothing in the Terms and Conditions shall be deemed to confer any third-party rights or benefits.
LEGAL NOTICE
USE OF THIS WEBSITE
The Studio @ Beacon maintains this Website for the convenience of and communication with existing and prospective customers, and for their education and information. Please feel free to browse the Site. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio and video without The Studio @ Beacon’s written permission in each instance. Changes periodically are made to the information contained in this Website.
INTELLECTUAL PROPERTY
Unless otherwise noted, product and service names, designs, logos, titles, text, images, audio and video within this Website are the trademarks, service marks, trade names, copyrights or other intellectual property of The Studio @ Beacon. All other unregistered and registered trademarks or service marks are the property of their respective owners. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any The Studio @ Beacon intellectual property displayed within this Website without The Studio @ Beacon’s written permission in each instance.
NO WARRANTIES; LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. The Studio @ Beacon assumes no responsibility for, and shall not be liable for any damage to, or virus that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
In no event shall The Studio @ Beacon or any other party involved in creating, producing, maintaining or delivering this Website, or any of their respective shareholders, directors, officers, members, managers, employees or agents (collectively, “Released Parties”), be liable for damages of any kind whatsoever including, without limitation, any direct, indirect, exemplary, incidental, consequential, punitive, special or other types of damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
By your access to, use of, or browsing in this Website, you release The Studio @ Beacon and the other Released Parties, and agree to indemnify and hold it and them harmless from and against, any and all claims, demands, losses, actions, suits, proceedings or other liability arising out of or in any manner relating to your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites including, without limitation, its and their attorneys fees and costs of defense.
UNAFFILIATED PRODUCTS, SERVICES AND SITES
Descriptions of, or references to, products, services, publications or sites not owned or offered by The Studio @ Beacon do not imply endorsement of that product, service, publication or site. The Studio @ Beacon has not reviewed all material linked to this Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
COMMUNICATIONS WITH THIS WEBSITE
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Studio @ Beacon will fully cooperate with any law enforcement authorities or court order requesting or directing The Studio @ Beacon to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of The Studio @ Beacon, may or may not be posted to this Website at the sole discretion of The Studio @ Beacon, and may be used by The Studio @ Beacon for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, The Studio @ Beacon is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
GOVERNING LAW
Your use of or browsing in this Website, and your use of any The Studio @ Beacon’s products or services, shall be deemed acceptance of the above Terms and Conditions and the laws of the state of Wisconsin. Any claim or dispute between you and The Studio @ Beacon that arises in whole or in part from your use of or browsing in this Website, or your use of any The Studio @ Beacon products or services, whether through your use of The Studio @ Beacon’s Website or otherwise, shall be decided exclusively by a court of competent jurisdiction located in New York, and you consent to the jurisdiction of such court.