Term and Services

All customers of The Havener Group, LLC LLC dba Sculpt Cycle (“Sculpt Cycle”) and visitors to www.sculpt-x-cycle.com (the “Website”) are subject to the Terms and Conditions expressed below.

Notice And Consent

BY SIGNING UP FOR AND/OR ATTENDING SCULPT CYCLE CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING SCULPT CYCLE’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 CYCLE & STRENGTH , IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY 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 SCULPT CYCLE, 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 SCULPT CYCLE’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. SCULPT CYCLE HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING SCULPT CYCLE‘S CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION SCULPT CYCLE STAFF, YOU WOULD BE AT PHYSICAL RISK USING SCULPT CYCLE’S CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO SCULPT CYCLE AND ITS CLASSES AND FACILITIES UNTIL YOU FURNISH SCULPT CYCLE WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING SCULPT CYCLE’S CONCERNS, AND STATING THAT SCULPT CYCLE’S CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF SCULPT CYCLE. ONE ACCOUNT PER INDIVIDUAL.

Legal Notice

Use of this Website

Sculpt Cycle maintains this Website for the convenience of and communication with existing and prospective customers, and for their education and information. Please feel free to browse the Site. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio and video without Sculpt Cycle’s written permission in each instance. Changes periodically are made to the information contained in this Website.

Intellectual Property

Unless otherwise noted, product and service names, designs, logos, titles, text, images, audio and video within this Website are the trademarks, service marks, trade names, copyrights or other intellectual property of Sculpt Cycle. All other unregistered and registered trademarks or service marks are the property of their respective owners. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Sculpt Cycle’s intellectual property displayed within this Website without Sculpt Cycle’s written permission in each instance.

No Warranties; Limitation of Liability

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. Sculpt Cycle assumes no responsibility for, and shall not be liable for any damage to, or virus that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.

In no event shall Sculpt Cycle or any other party involved in creating, producing, maintaining or delivering this Website, or any of their respective shareholders, directors, officers, members, managers, employees or agents (collectively, “Released Parties”), be liable for damages of any kind whatsoever including, without limitation, any direct, indirect, exemplary, incidental, consequential, punitive, special or other types of damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.

By your access to, use of, or browsing in this Website, you release Sculpt Cycle and the other Released Parties, and agree to indemnify and hold it and them harmless from and against, any and all claims, demands, losses, actions, suits, proceedings or other liability arising out of or in any manner relating to your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites including, without limitation, its and their attorneys fees and costs of defense.

Unaffiliated Products, Services and Sites

Descriptions of, or references to, products, services, publications or sites not owned or offered by Sculpt Cycle do not imply endorsement of that product, service, publication or site. Sculpt Cycle has not reviewed all material linked to this Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Communications with this Website

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Sculpt Cycle will fully cooperate with any law enforcement authorities or court order requesting or directing Sculpt Cycle to disclose the identity of or help identify or locate anyone posting any such information or materials.

Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Sculpt Cycle, may or may not be posted to this Website at the sole discretion of Sculpt Cycle, and may be used by Sculpt Cycle for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, Sculpt Cycle is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Governing Law

Your use of or browsing in this Website, and your use of any Sculpt Cycle products or services, shall be deemed acceptance of the above Terms and Conditions and the laws of the state of Florida. Any claim or dispute between you and Sculpt Cycle that arises in whole or in part from your use of or browsing in this Website, or your use of any Sculpt Cycle products or services, whether through your use of the Sculpt Cycle Website or otherwise, shall be decided exclusively by a court of competent jurisdiction located in Florida , and you consent to the jurisdiction of such court.