SPARKCYCLE TERMS & CONDITIONS
All customers and visitors to www.SPARKCYCLE.com (the "Website") are subject to SPARKCYCLE, INC's ("SPARKCYCLE’s") Terms and Conditions as expressed below.
SPARKCYCLE’s Terms and Conditions were developed to ensure that our customers are using our facilities and services with due regard to their rights and the rights of other users, and in conformity with SPARKCYCLE’s standard and current procedures, rules, regulations and requirements. 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 and to comply with all applicable laws and regulations. If you do not agree, do not use this Website.
In order to make a reservation, you must first purchase a class or package. You will or a username and password and purchase a series online, or if you already have a username and password click login, to buy a series and make your reservation.
Class package prices are subject to change. We accept Mastercard, Visa, American Express and Cash. You can reserve classes up to 1 week in advance (Tuesday thru Monday). If you cannot attend a class that you booked, you must ‘unreserve’ you bike by 5pm the night before your reservation. Cancellations made after 5pm the night before a scheduled class must be called into the studio at 858.454.2453 and will be charged $15. ‘No-show’s’ will charged the price of a single class of $22.
Your credit/debit card will be charged for your order when you submit your reservation. SPARKCYCLE will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If 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 SPARKCYCLE may incur in its efforts to collect any unpaid balances from you.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input at the checkout and billing. We reveal only the last four digits of your credit card numbers when confirming an order if you've chosen to save your credit card information.
It is important for you to protect against unauthorized access to your password and to your computer. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Be sure to sign off when finished using a shared computer.
If you are under 18, you may register and use the SPARKCYCLE website only with the involvement of a parent or guardian. SPARKCYCLE does not accept the online registration of minors; please do not attempt to register on our website if you are under the age of 18. Registration of minors must be completed in person at one of our studios with a parent or guardian. Minors over the age of 13 who have submitted a participant/registration waiver signed by a parent or guardian may sign up for classes online. If we discover that personal information has been submitted by a minor without a signed participant/registration waiver, we will delete such information promptly. SPARKCYCLE does not seek or share personal information from minors through this website.
SPARKCYCLE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit SPARKCYCLE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. 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. We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your web browser accesses SPARKCYCLE.
Cancellation and Return Policy
In order to cancel a SPARKCYCLE class, you must unreserve by no later than 5pm the night before the day your class is scheduled. Once your bike is cancelled, the class will be returned to your series to be used at a future date.
You can cancel your reservation in the following ways:
1) Log into your account and, next to the class you wish to cancel, press "unreserve."
2) Call the studio at (858) 454-2453.
A 30-day cancellation notice is required in order to cancel all SPARKCYCLE reoccurring auto-payment series.
Series Returns - All series sales are final, no refunds for cash or credit will be provided after the purchase of a series.
Waiver and Release
BY SIGNING UP FOR AND/OR ATTENDING CYCLE CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING SPARKCYCLE'S PREMISES, FACILITIES AND EQUIPMENT (COLLECTIVELY, "CLASSES AND FACILITIES"), YOU HEREBY AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND EXERCISE AND IN USING INDOOR CYCLING AND EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY SPARKCYCLE, IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, 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) WAIVE, RELEASE AND FOREVER DISCHARGE SPARKCYCLE, 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 THE CLASSES AND FACILITIES, AND (3) REPRESENT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF SPARKCYCLE'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. SPARKCYCLE HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING SPARKCYCLE'S CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION SPARKCYCLE STAFF, YOU WOULD BE AT PHYSICAL RISK USING SPARKCYCLE'S CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO SPARKCYCLE AND ITS CLASSES AND FACILITIES UNTIL YOU FURNISH SPARKCYCLE WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING SPARKCYCLE'S CONCERNS, AND STATING THAT SPARKCYCLE'S CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF CYCLE.
Links/Third Party Websites
SPARKCYCLE makes no representations whatsoever about any other website which you may access through this one. When you access a non-SPARKCYCLE website, even one that may contain the SPARKCYCLE logo, please understand that it is independent from SPARKCYCLE, and that SPARKCYCLE has no control over the content on that website. In addition, a link to a non-SPARKCYCLE website does not mean that SPARKCYCLE endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
Intellectual Property Rights SPARKCYCLE and the SPARKCYCLE Logo are service marks, trademarks, and/or trade dress of SPARKCYCLE or otherwise proprietary to SPARKCYCLE and may not be used by you for any reason other than as expressly permitted by this Agreement. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, SPARKCYCLE. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other person use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SPARKCYCLE is strictly prohibited. You acknowledge that SPARKCYCLE and/or third-party content providers remain the owners of all Website material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms and Conditions. SPARKCYCLE discontinue or remove the Website or any portions thereof or discontinue your right to use the Website or any portion hereof at any time.
IN NO EVENT WILL SPARKCYCLE BE LIABLE TO YOU PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT OR OTHER EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY SPARKCYCLE ON AN "AS IS" BASIS ONLY. SPARKCYCLE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Choice of Law - This Website, and your use hereof, is governed by the laws of the State of California, without regard to California's choice of law provisions, and any claim arising out of your use of this Website must be brought in California.
Revised Terms and Conditions - SPARKCYCLE may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.