Please read through the Privacy Policy and Terms of Use. In using this website, you agree to have read and agreed to the below.

 

 

Terms of use

 

EPICycle Studios, (“EPICycle”). EPICycle provides a premier indoor cycling experience and this website, and the pages contained therein, is intended to describe and promote EPICycle’s services. Access to and use of this website, the information offered through this website, and any products or services purchased though this website, are governed by these Terms of Use (the “Agreement”). By accessing or using this website or purchasing any products or services, you consent to be bound by this Agreement and acknowledge your consent to abide by its terms. If you do not agree to be bound by this Agreement, you may not use the website or purchase products or services through this website.

 

EPICycle’s Proprietary Rights

 

All content, graphics, code, and software used on or incorporated into this website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by EPICycle. EPICycle grants you permission to electronically copy and print hard copies of pages from this website solely for your own personal, non-commercial purposes related to your purchase of products and services. Otherwise, except for information for which you have obtained express and written authorization from EPICycle, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any other use of this website or content or information contained in this website is strictly prohibited, unless you first obtain the written permission of EPICycle.

 

EPICycle, the EPICycle logo, and all related marks are trademarks and service marks of EPICycle. All rights in those trademarks and service marks are reserved to EPICycle.

 

By posting any comments or information requests through the EPICycle website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content. Please note that our use of your personal information is governed by our Privacy Policy.

 

Error Correction

 

Though EPICycle uses reasonable efforts to ensure otherwise, this website may contain typographical errors or other inaccuracies and may not be complete or current. EPICycle reserves the right to correct any errors, inaccuracies, or omissions, including the right to correct errors an order has been submitted, and to change or update information at any time without prior notice.

 

Waiver and Release

 

By signing up for and/or attending EPICycle classes, activities, and other events and using its facilities and equipment, you hereby agree that there are certain inherent risks and dangers in indoor cycling. In consideration of being allowed to participate in the classes, activities, and other events provided by EPICycle, in addition to the payment of any fee or charge, you (1) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to EPICycle classes, activities, or events (2) waive, release and forever discharge EPICycle, its directors, officers, shareholders, affiliates, agents, consultants and employees from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to yourself or property resulting from participation in and use of EPICycle classes, activities, and other events and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of EPICycle’s classes, activities, and events and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. EPICycle hereby advises you that individuals with any chronic disabilities or conditions are at risk in using EPICycle facilities and equipment, and are advised against doing so. In addition, if in the opinion of EPICycle staff, you would be at physical risk participating in EPICycle classes, activities, and events or using its facilities, you will be denied access to EPICycle until you provide EPICycle with a letter from your physician, specifically addressing EPICycle concerns and stating that you are able to participate in classes, activities, and events. If you decline to obtain such letter, you will not be permitted to participate in EPICycle classes, activities, and events or use EPICycle facilities. EPICycle reserves the right to refuse service at its discretion.

 

EPICycle may photograph and record you. They may publish and distribute these photographs and recordings in connection with your participation in EPICycle activities and your attendance at EPICycle facilities. By acknowledging these terms, you agree and consent that EPICycle may display these photographs and recordings through our website and social media channels.

 

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting EPICycle, you voluntarily assume all risks related to exposure to COVID-19. By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by your mere presence within this establishment and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, employees, volunteers, and program participants and their families. You hereby release the booked business from any and all claims arising from or in connection with any direct COVID-19 impact while visiting.

 

Music used in EPICycle classes may contain explicit music. By acknowledging this you agree and consent that the music played in EPICycle classes may contain explicit music.

 

Shoe Check out and waiver

 

In consideration for rental use of EPICycle’s loaner shoes, I acknowledge that I use these shoes at my own risk. I acknowledge that I have no open wounds, infections, fungus, ingrown toenails, blisters, staph, athlete’s foot, ringworm, or any other wound or infection of the skin in or around the area of my foot. I understand that if I have any of these conditions and I use EPICycle’s shoes and cause permanent damage to the shoes, that I will be charged for the full retail price of the shoes and shoes will become my property. I understand that I must wear socks with EPICycle’s rental shoes, no exceptions. I understand that if I do not use socks during the use of Epicycle’s rental shoes that I will be charged the full retail price of the shoes and the shoes will become my property. I understand that there are inherent risks in using rental shoes including, but not limited to, contraction of any of the skin or foot ailments listed above. In consideration in use of the rental shoes, I hereby agree to assume full responsibility and risk for any and all of the ailments that could potentially occur from use of the rental shoes. I agree to waive, release, and fully discharge EPICycle. It’s officers, agents, members, employees, and all others from any and all responsibility from damages or injuries to my person as a result of each person using the rental shoes. By printing and initialing my name below I have acknowledged I have fully read this waiver, and fully understand the potential consequences that could arise from using the rental shoes.

 

Third Party Links

 

This website provides links to third party websites, including social media websites such as Facebook®, Twitter®, Instagram®, and other websites with content we believe may interest our customers.  Please note that you use these third party websites at your own risk.  EPICycle has no control over the content or operations of these third party websites and shall have no responsibility for and disclaims all liability related to your interactions with any third party websites you access through links on EPICycle’s website.

 

Disclaimer of Warranties and Limitation of Liability

 

EPICycle provides this website, its contents, and all products, services, and information provided herein on an “as is” basis. You expressly agree that your use of this website and any product or service purchased by you from this website or otherwise received from EPICycle is at your sole risk. With respect to this website, the information provided on this website, and the products or services sold through this website, EPICycle expressly disclaims warranties of every kind, express and implied, including without limitation any warranty for information, services, quiet enjoyment, or products provided through or in connection with this website and any implied warranties of merchantability, and fitness for a particular purpose.

 

EPICycle does not represent or warrant that the functions of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Under no circumstances, including, but not limited to, negligence, shall EPICycle, its employees, affiliates or any other parties involved in creating, delivering, promoting, or selling the website or the services sold through the website be liable for any special or consequential damages that result from: (1) the use of, or the inability to use, the information or functions of this site, even if EPICycle or its authorized representative has been advised of the possibility of such damages; or (2) the use or misuse of a product purchased through this website.

 

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall EPICycle’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for products purchased through this website.

 

Terms of Purchase

 

In order to reserve a class, you must first purchase a single class, a package of classes, or a monthly unlimited contract.  If you are new to EPICycle, you can sign-up online to make a purchase or if you are an existing customer, sign-in to make a purchase. Once you have credit(s) in your account, you may reserve. Classes cannot be shared between clients. However, you may reserve a guest using your credits in your credit package.

 

Please be aware that classes and series expire. We accept MasterCard, Visa, and American Express. You can reserve classes online up to 1 week in advance.

 

Your credit or debit card will be charged for your order when you book your bike. EPICycle will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be fully responsible and liable for any fees, including attorneys’ fees and collection fees, that EPICycle may incur in its efforts to collect any unpaid funds from you.

 

Note that all credit and membership purchases are final. Non-credit/membership purchases such as merchandise can be refunded within 30 days. Exchanges and store credit will be allowed up to 60 days.

 

Cancellation, Late Arrival, and No-Show Policies

 

In order to cancel an EPICycle class and avoid losing a credit, you must unreserve your class at least 12 hours prior to your scheduled class. You may cancel online or by calling/messaging the studio directly. If your class is canceled in time, the class will be returned to your account to be used at a future date. If you do not cancel before the late window, you will lose your credit for that class. If you are a client with one of our unlimited packages and you “late cancel”, you will be charged $12, and if you “no show”, you will be charged $15.

 

If you are not checked-in 2 minutes prior to class, your bike will be released to a client on the waitlist. If you are running late, please call to let us know. We will hold reservations for up to 5 minutes after the start of class. If you arrive more than 5 minutes late, you will not be permitted to attend class. We understand life gets crazy, but late arrivals not permitted to enter and/or no shows will result in a loss of credit/membership fee.

 

Choice of Law, Waiver, and Claims

 

This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Moreover, by purchasing products or services from EPICycle, you agree that the offer and sale of such products or services takes place in, and will be governed by the laws of, the State of California. You also agree that any legal or equitable claim arising from your use of the website and/or your purchase of products or services must be brought in the state or federal courts located in San Bernadino County, California and you consent to the exclusive jurisdiction of and venue in such courts. EPICycle’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or products purchased through this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Arbitration

 

Any controversy or claim arising out of or relating to this Agreement or use of the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Rancho Cuamonga, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Rancho Cucamonga, California as necessary to protect its rights or property.

 

Notice

 

You may direct any questions concerning this Agreement or notices required by this Agreement to [email protected]

 

 Whole Agreement and Amendment

 

This Agreement constitutes the entire agreement between you and EPICycle with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. EPICycle may amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and EPICycle.

 

This agreement was last revised on August 30, 2021.

 

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