Terms and Conditions

CYCLETIQUE WAIVER AND RELEASE FORM

 

By signing this WAIVER AND RELEASE FORM (the ""Release""), I understand and agree to the following terms and conditions so that I may participate in all classes, activities, events and other programs (collectively, the ""Activities"") provided by Cycletique, LLC, its affiliates, successors and assigns (collectively, ""Cycletique"")

 

I have read and understand the Bike Safety Instructions that are posted on Cycletique’s website (www.cycletiquepgh.com), a copy of which is available on request, and acknowledge that I must comply with the Safety Instructions and Procedures at all times during my participation in the Activities and use of the facilities. I understand that if I don't follow the Safety Instructions and Procedures that Cycletique reserves the right to ask me to leave the Cycletique facilities and to deny me future access to the Cycletique facilities.

 

I understand that participation in the Activities can result in injuries including scratches, bruises, sprains, joint or back injuries, heart attacks, concussions, paralysis and death. I understand and acknowledge that the American College of Sports Medicine and Cycletique advises all persons to seek medical evaluation and clearance prior to beginning any exercise program. I represent that I am healthy and able to engage in the Activities provided by Cycletique and have obtained a medical evaluation and clearance prior to my participation in the Activities. I acknowledge and agree that the staff at Cycletique reserves the right at any time to deny me the ability to participate in Activities if the staff feels it would be unsafe. I understand that I am solely responsible for all health risks associated with such Activities. I AM AWARE AND UNDERSTAND THE RISK OF SERIOUS INJURY ASSOCIATED WITH MY PARTICIPATION IN ANY OF THE ACTIVITIES OR USE OF THE FACILITIES. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND AGREE TO ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS THAT MAY BE SUSTAINED BY ME AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES OR USE OF THE FACILITIES, WHETHER CAUSED BY THE NEGLIGENCE OF CYCLETIQUE OR OTHERWISE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES AND ASSIGNS, FULLY AND FOREVER RELEASE, INDEMNIFY AND HOLD HARMLESS CYCLETIQUE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND/OR AFFILIATES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, DEMANDS, RIGHTS OF ACTION, CAUSES OF ACTION, COSTS AND EXPENSES OF ANY KIND, PRESENT OR FUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES AND USE OF THE FACILITIES, WHETHER DUE TO NEGLIGENCE OF CYCLETIQUE OR OTHERWISE.

 

I acknowledge and agree that this Release is the sole and entire agreement between Cycletique and me with respect to the subject matter contained in this Release. If any term or provision of this Release is deemed invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect, invalidate or render unenforceable the remaining terms and provisions of this Release.

 

I acknowledge and agree to abide by Cycletique’s prohibition on photography, videotaping, filming or audio recording at its facilities without prior written permission of Cycletique’s management (“No-Photo Policy”). I ACKNOWLEDGE AND AGREE THAT IF I BREACH THE NO-PHOTO POLICY, THAT I SHALL PAY CYCLETIQUE $5,000 PER INCIDENT AS LIQUIDATED DAMAGES. I AGREE THAT QUANTIFYING LOSSES ARISING FROM MY BREACH OF THE NO-PHOTO POLICY IS INHERENTLY DIFFICULT INSOFAR AS THE BREACH MAY IMPACT CYCLETIQUE’S REPUTATION AND FURTHER STIPULATE THAT THE AGREED UPON SUM IS NOT A PENALTY, BUT RATHER A REASONABLE MEASURE OF DAMAGES.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS RELEASE, I AM WAIVING CERTAIN LEGAL RIGHTS AND AGREE TO DO SO VOLUNTARILY.

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I am the parent or legal guardian of the minor named above. I have the legal right to consent to, and, by signing below, I hereby do consent to the terms of this Release and affirm that child is at least 16 years of age and 4’11’’ tall.