terms & conditions
Agreement of Release and Waiver of Liability & Acceptance of Risk
This constitutes a legal agreement between you and CyC38 AG (SPARKCYCLE). Please read it carefully.
In order to attend any fitness classes offered by CyC38 AG (“SPARKCYCLE”, “our”, “us”, “we”) at any one of our Studios, you (or your parent or guardian if you are under the age of majority) must first enter into a SPARKCYCLE Rider Agreement and must sign at our Studio(s) this Agreement of Release and Waiver of Liability & Acceptance of Risk (the “Agreement”) agreeing to the following:
As a participant in SPARKCYCLE fitness classes, I recognize and acknowledge that there are certain risks of physical injury including, but not limited to death which may arise from accidental contact, falling or other causes. I have no physical condition, which would present a risk of injury to me through my participation in SPARKCYCLE fitness classes. Notwithstanding any instruction or consultation by a representative of SPARKCYCLE, I agree to assume responsibility for any such injuries, damages or loss which I may sustain as a result of participating in any and all activities connected to or associated with SPARKCYCLE, except if caused by the sole negligence of SPARKCYCLE.
I hereby release, waive and discharge SPARKCYCLE, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives from any and all liability, claim, damages and losses arising out of any loss, damage or injury that may be sustained by me or to any property belonging to me while participating in any and all activities connected to or associated with SPARKCYCLE.
It is my express intent that this Agreement shall bind the members of my family, my heirs and assigns. I further agree that participation in any SPARKCYCLE fitness classes will be at my own discretion and judgment. I further understand that should SPARKCYCLE discover that I have not satisfied any one of these requirements, it may, but is not required to, terminate my participation in a fitness class and/or Rider Agreement. I recognize that there are no refunds and or exchanges from the purchase of any package or memberships, other than as prescribed by law.
Warranty Disclaimer and Limitation of Liability
To the maximum extent permissible by law, SPARKCYCLE services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, SPARKCYCLE disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.
Under no circumstances will SPARKCYCLE, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the SPARKCYCLE services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of Switzerland to the exclusion of its conflict of laws principles.
This Agreement constitutes the sole and entire agreement between you and SPARKCYCLE with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement is specifically enforceable by SPARKCYCLE by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if SPARKCYCLE does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SPARKCYCLE has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to SPARKCYCLE.
I am the age of majority or older in the jurisdiction where this signature takes place. I have read and fully understand this Agreement and I voluntarily sign on my behalf or on behalf of a minor in my care.
All fields are mandatory, unless otherwise indicated. If you are a parent or guardian signing on behalf of a minor, please complete the following section:
Child’s Date of Birth: ______________(mm/dd/yyyy)
Your Relationship to Child:___________________________
The following section must be completed by all:
Date of Birth:__________________(optional) (mm/dd/yyyy)
Shoe Size:____________(if using SPARKCYCLE shoes)