As used in these Terms and Conditions: (i) The term “Company”, “Spoke”, “Spoke Cycle/Strength”, “Ourselves”, “We” and “Us” refers to Spoke Cycle and Strength, LLC, a Michigan limited liability company; (ii) “Class” or “Classes” refers to classes, activities and other programs provided by Spoke Cycle/Strength; (iii) “Facility” or “Facilities” refers to premises, studios, buildings, and/or equipment provided by Spoke Cycle/Strength or where Spoke Cycle/Strength conducts business, and (iv) The term “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing the website www.spokecycle.com, (referred to herein as the “Spoke Website”) any related web or mobile application (referred to herein as a “Spoke Application”), or enrolling in Classes or utilizing the Facilities. “Party”, “Parties”, or “Us”, refers to both the Client and Spoke Cycle/Strength, together or individually.

All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing Michigan law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Spoke Website and/or a Spoke Application allow users to receive information about Spoke Cycle/Strength, as well as book, cancel, and pay for services and products (including Classes) offered at Spoke Cycle/Strength Facilities.

PRIVACY STATEMENT

Spoke Cycle/Strength is committed to protecting your privacy. This privacy policy outlines the type of information we receive and collect when you enroll in Classes, use the Facilities, or use the features on the Spoke Website or any Spoke Application as well as some of the steps that we take to safeguard the information. Please read this privacy policy before using the Spoke Website, any Spoke Application, or submitting your personal information to us. By using these services, you are accepting the practices described in this privacy policy.

COLLECTION OF INFORMATION

We collect personally identifiable information, including but not limited to names, postal addresses, email addresses and credit card information when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use the Spoke Website or a Spoke Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password.

MINORS:

If you are between the ages of 16 and 17, you may register on the Spoke Website only with the involvement of a parent and/or guardian as well as a waiver signed in person at a Spoke Cycle/Strength Facility. It is the sole responsibility of the minor and parent/guardian to disclose the age of the minor to Spoke Cycle/Strength in order to sign a waiver prior to riding. The minor in question hereby acknowledges they must inform a parent and/or guardian of their intention to ride at Spoke Cycle/Strength. Both parent and minor agree and will not hold Spoke Cycle/Strength and/or its officers, agents, members, employees, and representatives liable under any circumstances. Under no circumstances is a minor under the age of 16 permitted to use Spoke Cycle/Strength Facilities. Minors and their parents/guardians hereby: (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to any Spoke Cycle/Strength Classes and Facilities, (ii) waive, release and forever discharge Spoke Cycle/Strength, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of Spoke Cycle/Strength Classes and Facilities, and (iii) represent you have no medical or physical condition which would prevent you from attending and/or using any of Spoke Cycle/Strength’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Spoke Cycle/Strength does not seek or share personal information from minors. In the event that Spoke Cycle/Strength is notified that any personal information has been submitted to us from a child under the age of 16, we will delete that information as quickly as reasonably possible.

Your personal identifiable information is kept secure. Only authorized employees, agents, and contractors of Spoke Cycle/Strength who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from us will allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information. Spoke Cycle/Strength reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in its sole discretion. When you visit the Spoke Website, use a Spoke Application, or send emails to us, you are communicating to us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Spoke Website or relates social media accounts. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CANCELLATION POLICY

All Classes can be cancelled without penalty up to 2 hours prior to the class. If you late cancel after the 2-hour window has closed, you will lose your class. For unlimited package holders you will be charged a $15 penalty. If you are a “no show” (i.e. no self-cancelation or call to the front desk within the 2-hour window) you will lose your class and be charged a $15 no show fee. We do not accept cancellations via email, text message or our social media accounts. You must call Spoke Cycle/Strength to cancel.

All Clients are REQUIRED to keep a credit card on file. The no show charges apply to ALL packages regardless of unlimited status or package pricing.

Riders not present at least 2 minutes prior to class will have their bikes released. If you are running late, you must give us a call to ensure we do not release your bike and we can help you quickly set-up. For safety proposes, no one is permitted into the cycle room after the first song.

PACKAGE PURCHASES

By registering for a class or personal training services, using our Facilities, or purchasing a package from Spoke Cycle/Strength, you agree to our Terms and Conditions in full. Packages cannot be shared between Clients. All Clients with class packs or with an unlimited package are required to keep an active credit card on file. By purchasing a class from Spoke Cycle/Strength and agreeing to these Terms and Conditions, you agree to allow Spoke Cycle/Strength to charge your credit card pursuant to the cancellation policy above, and to charge your credit card on file for all class and unlimited package purchases made by you unless otherwise instructed.

Spoke Cycle/Strength offers both class packages and unlimited monthly options. Contact us for more information.

AUTO DEBIT CONTRACTS

The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:

I, the Client, authorize Spoke Cycle/Strength to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account.

I understand that Spoke Cycle/Strength will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Spoke Cycle/Strength cancellation policy. Spoke Cycle/Strength will initiate charges each month on the date my contract is set to renew.

Spoke Cycle/Strength may discontinue processing of recurring charges if the Company is unable to secure funds from the debit or credit card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand the Spoke Cycle/Strength booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in Classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any Classes past the renewal date and notified via electronic mail. I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Spoke Cycle/Strength cannot be held responsible for errors in processing due to expired or inaccurate information.

Expiring packages may not be extended, transferred, refunded, shared, or frozen. The expiration date set on an expiring package is the date on which the package may no longer be used without exception. Clients purchasing packages with an expiration date do so with the understanding of these terms and agree to be bound by such.

HEIGHT REQUIREMENT

Riders must be 4’11” at minimum to participate in Classes at Spoke Cycle/Strength. If a rider books a class or package online and does not meet this requirement, Spoke Cycle/Strength reserves the right to refuse the Client access to its Classes and Facilities. If Spoke Cycle/Strength refuses the Client, Client will be refunded for the class or package purchased.

WHAT TO EXPECT

Spoke Cycle/Strength Classes are a HIGH INTENSITY CARDIOVASCULAR group fitness activity. Proper Hydration & nutrition is strongly recommended prior to riding. All Clients must understand that they do not need to stay at the pace of instructors or seasoned riders. Any rider can sit, slow down, get water or leave studio whenever they need to. Please be aware that temperatures may reach up to 85° in certain Classes and music will be played at a high volume. The music may contain explicit language and Spoke Cycle/Strength instructors may use explicit language.

WAIVER & RELEASE

By signing up for and/or attending Spoke Cycle/Strength Classes, and using Spoke Cycle/Strength's Facilities, you hereby agree and acknowledge the inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities, including but not limited to, falls or other equipment-related injuries, contact with other participants and/or instructors, the effects of high heat and/or humidity, and all other such risks.

In consideration of your access to and participation in the Classes and Facilities provided by Spoke Cycle/Strength, in addition to the payment of any fee or charge, you hereby: (i) agree that you are riding at your own risk and will not hold Spoke Cycle/Strength or its officers, agents, members, employees, and representatives liable for any injury you sustain; (ii) waive, release, and discharge Spoke Cycle/Strength, its officers, agents, members, employees, independent contractors, representatives, and all others (each a “Released Party”) from any and all responsibility, claims, rights, causes of action, costs, fees and/or liability from injuries or damages to your person or property, whether caused by the negligence of the Released Party or as a result of your participation in and use of the Classes and Facilities; (iii) indemnify and hold harmless each Released Party from any loss, liability, damage, or cost resulting from your participation in and use of the Classes and Facilities; and (iv) represent and warrant that you have no medical or physical condition that would prevent you from attending and/or using any of Spoke Cycle/Strength's Classes and Facilities and/or put you in any physical or medical danger, and that you have not been instructed by a physician not to do so.

Spoke Cycle/Strength reserves the right to refuse you access to or participation in its Classes and Facilities at its sole and absolute discretion. Spoke Cycle/Strength hereby advises you that individuals with any chronic disabilities or conditions may be at risk in using Spoke Cycle/Strength’s Classes and Facilities. If in the opinion of Spoke Cycle/Strength staff, you would be at physical risk using Spoke Cycle/Strength’s Classes and Facilities, Spoke Cycle/Strength may deny you access to its Classes and Facilities until you provide to Spoke Cycle/Strength a medical opinion from a licensed physician or other qualified individual that you are medically and/or physically able to participate in and access Spoke Cycle/Strength’s Classes and Facilities. If you decline to provide a medical opinion to Spoke Cycle/Strength, you will not be permitted to use the Classes and Facilities of Spoke Cycle/Strength.

CUSTOMER AGREES TO HOLD HARMLESS SPOKE CYCLE/STRENGTH FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEY FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE ACTION OF PARTICIPATING IN A SPOKE CYCLE/STRENGTH CLASS. ANY MINOR MUST DISCLOSE THEIR AGE TO SPOKE CYCLE/STRENGTH IN PERSON & SIGN A WAIVER WITH A CONSENT OF A PARENT OR GUARDIAN PRIOR TO RIDING. ANY ACT OF NON-DISCLOSURE OF A MINOR RELIEVES SPOKE CYCLE/STRENGTH OF ANY CLAIMS AGAINST SPOKE CYCLE/STRENGTH.

INTELLECTUAL PROPERTY RIGHTS

You agree and understand that any of the content on the Spoke Website, Spoke Applications, Spoke social media accounts, or Spoke marketing materials, including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, designs, page headers, button icons ("Content",) and the trademarks, service marks, trade dress and logos contained therein, including the trade names “Spoke Cycle and Strength, LLC” “Spoke Cycle/Strength”, “Spoke” and the related logo(s) (“Marks”) are owned by Spoke Cycle/Strength and are subject to copyright and other intellectual property rights under State and Federal law. The Content and Marks is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Spoke Cycle/Strength. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that Spoke Cycle/Strength Marks may not be used in connection with any product or service that is likely to cause confusion or infer a relationship that does not exist.

DISCLAIMER

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SPOKE WEBSITE, ANY SPOKE APPLICATION, THE CLASSES AND FACILITIES, SHALL BE AT YOUR SOLE AND ABSOLUTE RISK. SPOKE CYCLE/STRENGTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OF THE SPOKE WEBSITE OR ANY SPOKE APPLICATION. IN NO EVENT SHALL SPOKE CYCLE AND STRENGTH, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SPOKE WEBSITE, ANY SPOKE APPLICATION, CLASSES OR FACILITIES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SPOKE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SPOKE WEBSITE OR ANY SPOKE APPLICATION BY ANY THIRD PARTYAND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPOKE WEBSITE OR ANY SPOKE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPOKE CYCLE/STRENGTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SPOKE CYCLE AND STRENGTH, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Any dispute arising out of the use of the Spoke Website, any Spoke Application, or your participation in and use of the Classes and Facilities is governed by the laws of the State of Michigan and any claim must be brought in the appropriate State or Federal Court in Kent County, Michigan. If Spoke Cycle/Strength prevails in any such action, you agree to reimburse Spoke Cycle/Strength for its costs and attorney fees incurred in defending or pursuing the action.

COVID-19 SPOKE CYCLE/STRENGTH WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMINITY AGREEMENT

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Spoke Cycle/Strength has put in place preventative measures to reduce the spread of COVID-19 including enhanced cleaning and sanitization protocols as well as adherence to social distancing using recommended protocols by public health agencies to mitigate any risk of exposure; however, Spoke Cycle/Strength cannot guarantee that you will not become infected with COVID-19.

In consideration for using the Facilities and participating in Classes, you understand that you are voluntarily participating in services performed and as such, voluntarily assume the risk associated with exposure which may result from the actions, omissions, or negligence of Spoke Cycle/Strength or others including but not limited to Spoke Cycle/Strength’s employees, interns, contractors, and other Clients participating in Classes or working at the Facilities. You acknowledge and agrees that you find the Facilities to be safe and reasonably suited for participation in Classes and utilizing the Facilities.

You also agree, represent, and warrant that you shall not visit or utilize the Facilities and participate in Classes if: (i) you are ill or feeling ill, specifically including if you are coughing, have a fever or are experiencing shortness of breath; (ii) you have travelled internationally within the last 14 days; (iii) you have travelled domestically within the last 14 days to an area that is associated with high risk for COVID-19 exposure; (iv) you have been exposed to any person who has a suspected or confirmed case of COVID-19 in the last 14 days; (v) you have, in the last 14 days, been personally exposed to or have a suspected or confirmed case of COVID-19; or (vi) you are awaiting the results of a COVID-19 test. By participating in Classes and using the Facilities, you represent that you do not fall within any of the categories listed above.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance in Classes and use of the Facilities.

You hereby release, covenant not to sue, discharge, and hold harmless Spoke Cycle and Strength, LLC, its employees, agents, contractors, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

You understand and agree that this release includes any claims based on the actions, omissions, or negligence of Spoke Cycle and Strength, LLC, its employees, agents, contractors, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Classes or utilization of the Facilities. Further, you agree to indemnify and hold harmless Spoke Cycle and Strength, LLC, its employees, agents, contractors, and representatives and hold each of them free from any loss, liability, damages or costs that may occur, whether by the active or passive negligence by using the Classes or Facilities provided by Spoke Cycle/Strength.

BY CLICKING, “I ACCEPT” OR BY SIGNING A HARD COPY OF THIS DOCUMENT OR ANY CONTRACT WITH SPOKE CYCLE/STRENGTH THAT MAKES REFERENCE TO THESE TERMS AND CONDTIONS, OR BY TAKING ANY CLASSES OR USING THE FACILITIES, YOU AGREE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THE ASSOCIATED RISKS AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU ARE AWARE THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE FOREGOING CERTAIN LEGAL RIGHTS, BUT THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF INDEMINIFICATIONS FOR CLAIMS.

Spoke Cycle/Strength may revise these Terms and Conditions periodically. By using the Spoke Website, any Spoke Application, the Classes and Facilities, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms and Conditions to which you are bound. Your use of the Spoke Website, any Spoke Application, or the Classes or Facilities following any amendment of these Terms and Conditions will signify your assent to and acceptance of the revised terms.