Terms & Conditions
Protecting Your Rights and Interests
These are the terms and conditions which apply to your use of THRIVE CYCLE Website (the “Website”) and the THRIVE CYLE Mobile Application (the “App”), and the purchase of Goods and Services from us. Please read these Conditions carefully before using this Website, the App, or purchasing any Goods or Services from us. If you do not agree to these Conditions, you must not use this Website or our App. This Website, the App, and the Goods and Services displayed on it are provided by THRIVE CYCLE, including, without limitation, 503 1st Ave N #101, Great Falls, Montana, 59401, collectively referred to in these Conditions as “THRIVE CYCLE”, “we, “us” and “our”. When we refer to “you” and “your” we mean the user of this Website or App, purchaser of Goods or user of our Services.
Credits
To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class. You can purchase Credits via our Website or the App. Multiple Credits can also be purchased as bundles at discounted rates. Price details for Credits are available on our Website and shall be such prices as determined by us. You should be aware that classes and series expire, and future prices are subject to change. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
Memberships
Membership Term- The initial term of your membership shall be for a period of three (3) months from the date of this Agreement. It shall continue in effect on a month-to-month basis until terminated in accordance with the provisions of this Agreement. All Membership termination requests require a 30 day cancellation notice.
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Membership Fees- Your first-month fee is due upon execution of this Agreement. Thereafter, monthly fees are due on the same day of each subsequent month. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card, or credit card. By providing your checking account, debit card, or credit card information You are consenting to THRIVE CYCLE automatically withdrawing your fees as they come due each month. Your fee shall be based on the specific membership. The current fees for these memberships are set forth on the Schedule. THRIVE CYCLE reserves the right to adjust its membership fees at any time during the term of this Agreement.
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Cancellation Policy for Reservations
In order to cancel a reservation in a THRIVE CYCLE class and return it to your account, you must unreserve 12 hours prior to the class start time. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled within 12 hours of the class start time, your scheduled class will be charged to your series. If you are on an unlimited-membership and do not cancel within 12 hours of class start time you will receive a $15 late cancellation fee. If you are on an unlimited membership and fail to cancel or late-cancel, you will be charged a $15 no show fee. If you are on a class-membership and do not cancel within 12 hours of class start time you will lose that
class credit. If you are on a class membership and fail to cancel or late-cancel, you will lose that class credit.
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How To Cancel Your Reservation
Log into your account on the Website or the App, and, next to the class you wish to cancel, press "unreserve". Please note, in fairness to all our customers, BIKES AND SPOTS WILL BE RELEASED 3 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your bike within 12 hours of class start time, or if you do not claim your bike at least 4 minutes before class begins, then THRIVE CYCLE shall have the right, without any credit or refund to you, to allow others to reserve or use your bike for a fee.
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Waitlist
When you join the waitlist, one Credit will be deducted from your account. If you join the waitlist
and a space becomes available, you will be automatically added to the Class. You will be
notified by e-mail if you are automatically added to a Class.
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If you join a waitlist but no longer wish to attend the Class, you should cancel the booking via
our Website or App as soon as possible. If you are added to a Class you may cancel within 12
hours of class start time and receive a refund of your Credit but you will not be refunded if you
do not cancel within 12 hours of class start time. If you join the waitlist and a place on the fully
booked Class does not become available by the start of Class, the Credit debited from your
account to join the waitlist will be returned to your series. If we cancel a class, your Credit will be
returned to your series.
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For Clients Running Late
We ask that you call the studio to let us know you are on the way. If you call the front desk at
least 4 minutes before class begins, we will hold a reservation until the class begins, though we
cannot guarantee you will be given the bike you signed up for in the particular class. At this
time, we cannot accommodate late riders. Once the studio door closes and class begins, we
won’t be able to let riders in.
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For Riders Leaving Early
If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
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Merchandise
If you change your mind about any Goods purchased from us, store credit will be issued up to
30 days after the purchase with a receipt provided that the Goods are unused and are not
damaged. No returns will be accepted after 30 days or without a receipt. This does not affect
your statutory rights as a consumer.
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Lost Articles
THRIVE CYCLE assumes no responsibility for lost or stolen articles. Lost and found articles not
claimed after 30 days will be donated to charity.
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Code of Conduct
THRIVE CYCLE is committed to the health, safety, and welfare of all of its members and staff
and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal
behavior. Engaging in such activity shall be grounds for immediate termination of this
Agreement.
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Damages
THRIVE CYCLE client shall pay for any damages to THRIVE CYCLE property or equipment
which results from his/her willful or negligent conduct.
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Intellectual Property Rights
The trademarks and trade dress of THRIVE CYCLE are proprietary to THRIVE CYCLE and may
not be used by you for any reasons other than as expressly permitted by these terms. All
Website and App content, design, text, graphics, and interfaces; the collection, selection, and
arrangement thereof are property of, or duly licensed to, THRIVE CYCLE. You have the right to
view, electronically copy, and print in hard copy portions of the Website and App for the sole
purpose of making class reservations, purchases, or other personal use. Any other use of
materials on the Website, including modification, distribution, or reproduction for purposes other
than those noted above, without the prior written permission of THRIVE CYCLE, is strictly
prohibited. You acknowledge that THRIVE CYCLE and/or third-party content providers remain
the owners of all Website and App materials and that you do not acquire any of those ownership
rights by downloading, copying, or using any such material in accordance with these Terms.
THRIVE CYCLE may discontinue or remove the Website or App, or any portion thereof, or
discontinue your right to use the Website or App, or any portion thereof, at any time.
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Acceptance of Terms
By using the Website or App, purchasing a THRIVE CYCLE class or membership offerings,
registering for a THRIVE CYCLE class, booking a bike, purchasing merchandise, and/or using
or attending a THRIVE CYCLE class, you signify your acceptance of the Terms. If you do not
agree to this, please refrain from using the Website or App, purchasing a THRIVE CYCLE class
or membership offerings, registering for a THRIVE CYCLE class, booking a bike, purchasing
merchandise, and/or using or attending a THRIVE CYCLE class. Occasional changes may be
made to this document to reflect changes in THRIVE CYCLE'S policies. The Terms may be
revised at any time by updating this posting. By using the Website or App, by buying THRIVE
CYCLE classes, registering for classes, booking bikes, buying merchandise, and/or using and
attending THRIVE CYCLE studio, you agree to be bound by any such revisions. Riders and
community members are encouraged to check this document periodically to stay informed of
current guidelines.
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Waiver and Release
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult
(the “Participant”), to release and indemnify THRIVE CYCLE, LLC, its parents, subsidiaries, and
affiliates, and all of their respective members, employees, heirs, successors, agents,
contractors, and assigns (collectively the “Released Parties”). Participant, or the parent or legal
guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own
behalf and on behalf of the other members of the Participant’s family, including Participant’s
spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as
“Releasing Parties”) hereby grants to the Released Parties this full release and indemnification
as a consideration in exchange for permitting Participant to participate in this exercise program.
The participant is entering into this Release after having viewed or having the opportunity to
view the studio and have had an opportunity to ask questions regarding the services and risks
associated with this exercise program. Any questions the Participant has asked have been
answered to the Participant’s complete satisfaction. The participant will not teach, copy,
reproduce, alter, modify, record, or create derivative works from any of the proprietary exercises,
movements, class formats, or choreography from this studio, its agents or employees, or
materials affiliated with it. Participant understands that any violation of this clause, on his/her
behalf or on that of any affiliated entity, will be enforced to the maximum extent permitted by law
and will include, but is not limited to, injunctive relief, actual and punitive damages, as well as
attorney fees and costs. The participant is voluntarily participating in the activity with full
knowledge, understanding, and appreciation of the risks inherent in any physical exercise and
expressly assumes all risks of injury and even death, which could occur by reason of
Participant’s participation. Participant, including the Releasing Parties, hereby releases the
Released Parties from any liability and agrees not to sue the Released Parties with respect to
any cause of action for bodily injury, property damage, or death arising out of any of the
activities or programs herein or in the use of any equipment at this or any other premises of the
Released Parties. Participant hereby assumes full responsibility for risks of bodily injury,
property damage, or death to Participant due to the ordinary negligence or gross negligence of
the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any
third party including others participating in the exercise program. Participant, including the
Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost,
the Released Parties from any and all claims arising out of Participant’s participation in the
exercise program, without limitation, attorneys’ fees and expenses incurred by the Released
Parties. All personal property brought to the studio is brought at the sole risk of the Participant
as to its theft, damage, or loss. The Released Parties are not responsible for any personal items
left by Participants in this facility. The participant hereby agrees to permit THRIVE CYCLE to
use without compensation images of Participant as a program participant in internal and
external promotional material. This includes any printed material, broadcast and print
advertising, promotional videos, and websites, which are produced or published by THRIVE
CYCLE. All such materials are the property of THRIVE CYCLE. Participant expressly agrees
that the terms of the release and indemnity contained herein are intended to be as broad and
inclusive as is permitted by the laws of the State of Montana. Any provision of this Release
found to be invalid by the courts having jurisdiction shall be invalid only with respect to such
provision or portion and the remainder shall be enforced to the greatest extent possible.
PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS
UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN
CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND
INDEMNITY AGREEMENT.