Terms, Conditions & Liability Release
RELEASE OF LIABILITY
In consideration of participating in health or fitness club, or cycling studio activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Dragonfly Cycle, LLC and its owners, directors, officers, advisors, employees, instructors, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that health or fitness club and cycling studio activities involve known and unanticipated risks, which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to: musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of overheating or brain damage caused by overheating; medical conditions resulting from physical activity; and damaged, clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition that could interfere with my safety in this activity, or else I am willing to assume and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree that Flyght is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
8. I grant to Dragonfly Cycle LLC, the right to take photographs of me. I authorize Dragonfly Cycle LLC, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Dragonfly Cycle may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. I agree that if I do not want my picture taken, it is my responsibility to inform the staff at Dragonfly Hot Yoga, LLC. Dragonfly Cycle will respect and honor all requests to not be photographed.
Terms & Conditions
All customers of Dragonfly Cycle, LLC ("Flyght") and visitors to www.flyghtcycle.com (the "Website") are subject to the Terms and Conditions expressed below.
Flyght's Terms and Conditions were developed to ensure that our customers and visitors are using our facilities and services with due regard to their rights and the rights of other users, and in conformity of Flyght's procedures, rules, regulations, and requirements. By browsing and/or using this Website, whether through your personal computer, mobile device or otherwise, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions (including, without limitation, the Reservations, Cancellations and Return Policies and Legal Notice provided below) and to comply with all applicable laws and regulations. If you do not agree, please do not use the Flyght Website.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version, which will always be posted at www.flyghtcycle.com/terms. Flyght may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications and revisions. Nothing in the Terms and Conditions shall be deemed to confer any third-party rights or benefits.
In order to place a reservation, you must first buy passes. To buy a series, you can either sign up for a username and password and purchase a series online, or if you already have a username and password click Account,to buy a series and make your reservation.
Flyght accepts Visa, Mastercard, American Express and cash and checks at the studio.
Your credit or debit will be charged in the amount of your order when you submit your reservation. Failure to pay any fee when due, may result in the suspension of your rights to use Flyght's services. You shall be liable for any fees that Flyght may incur in the process of collecting any unpaid fees from you, including, but not limited to, attorneys fees.
Classes can be reserved two weeks in advance of class start time.
Expiration dates and prices for single classes and class packages are subject to change.
IT'S ALL ABOUT TIMING: Please make your best efforts to be ON TIME to class.
NO LATE ENTRIES: Once class starts, you will not be allowed to enter the studio. This is both for your safety (it's dark in there!) and the enjoyment and focus of other riders. Do not leave early as it disrupts the experience for other riders when you leave.
SOLD-OUT CLASSES/WALK-INS: Open bikes will be given away to standbys the moment class starts. Please understand that if you are late and have a reservation, you will lose your spot.
Standby (WAITLIST): If the class you want to attend is sold-out, please put yourself on the waitlist! If there are cancellations 8 hours or more before the scheduled class, you will be automatically added to the class. If there are cancellations after that, we will try our best to contact you to see if you would like the spot. Your best bet is to just SHOW UP (10 minutes or more prior to class start)! There are usually last minute no-shows. If you do not get in off the waitlist, your class credit will be returned to your account to be used at another time. There are no refunds issued.
NO CELLPHONES IN STUDIO If you are expecting an important call, please leave your phone with the desk staff. They can come fetch you in case of an emergency. This applies even if your cell phone is your heart rate monitor.
To receive a class credit for a canceled reservation, you must cancel your class by 4 hours or more before your scheduled class. Once you cancel a class, it is returned to your account to be used at a future date. Classes not canceled by 4 hours before your scheduled class will be charged the normal class fee and no refunds or credits will be issued.
Special event registrations can be canceled, but you will not receive a credit to take another class or special event once canceled.
Series Returns - All series sales are final, no refunds for cash or credit will be provided after the purchase of a series. If you choose not to continue your Flyght series, you are not eligible for a refund. If you feel you will not be able to complete a package, you may want to choose one of the smaller packages.
Merchandise Returns - All merchandise sales are final. Refunds for merchandise will only be provided in the form of a store credit or exchange in the case of a fault. No refunds for cash.
Series Expiration dates are final and may not be extended.
Use of this Website
Flyght 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 Flyght's written permission in each instance. Changes periodically are made to the information contained in this Website.
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 Flyght. 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 Flyght intellectual property displayed within this Website without Flyght'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. Flyght 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 Flyght 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 Flyght 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 Flyght do not imply endorsement of that product, service, publication or site. Flyght 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. Flyght will fully cooperate with any law enforcement authorities or court order requesting or directing Flyght 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 Flyght, may or may not be posted to this Website at the sole discretion of Flyght, and may be used by Flyght for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, Flyght 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.
Your use of or browsing in this Website, and your use of any Flyght products or services, shall be deemed acceptance of the above Terms and Conditions and the laws of the state of Wisconsin. Any claim or dispute between you and Flyght that arises in whole or in part from your use of or browsing in this Website, or your use of any Flyght products or services, whether through your use of the Flyght Website or otherwise, shall be decided exclusively by a court of competent jurisdiction located in Wisconsin, and you consent to the jurisdiction of such court.