TERMS + CONDITIONS

MEMBERSHIP AGREEMENT

This membership agreement (the “Agreement”) is entered into on the day of signature by and between High Ride Cycle, LLC, (“High Ride”) and the signee, (“Member” or “You”).

1. 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.

2. 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 High Ride 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 attached Schedule A. High Ride reserves the right to adjust its membership fees at any time during the term of this Agreement.

3. Availability of Facility: High Ride does not provide an “open facility”. Members may use the facilities and equipment only during scheduled classes. Operating hours and current class schedules are listed on our website at highridecycle.com. High Ride reserves the right to change operating hours and/or class schedules at its sole discretion.

4. Freeze Policy: Members may put their membership on hold for up to three (3) months per year. Notice of freeze must be given to High Ride at least 14 days prior to the start of the freeze. Members will not be billed for membership fees during frozen months. Billing will resume automatically upon the end of the freeze. Please note that in order to freeze memberships you are required to submit our High Ride Membership Freeze + Cancellation form.

5. No Show and Late Cancellation Fees: A late cancellation will result in a $15 charge and a no show will result in a $20 charge. You may cancel a class prior to twelve (12) hours of your scheduled class without a fee, but within this window there will be the late cancellation fee. A no show means if you sign up for class and do not show up for that class without notice.

6. Termination of Agreement: You may terminate this Agreement after the 3 month minimum contract requirement with at least a 14 day notification before your next billing cycle. High Ride may terminate this Agreement immediately if you fail to pay your fees on time or breach any other provision within this Agreement. Please note that memberships cannot be cancelled while they are frozen. All membership cancellations require form submission via our High Ride Membership Freeze + Cancellation Form.

7. Lost Articles: High Ride assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

8. Smoking and Alcohol: Smoking is not allowed in any part of the facility and alcohol is not permitted anywhere on the premises.

9. Code of Conduct: High Ride 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.

10. Damages: Member shall pay for any damages to High Ride property or equipment which results from his/her willful or negligent conduct.

11. Miscellaneous:

    a. This Agreement along with the [Waiver of Liability form] previously signed by the Member, which is incorporated herein by reference, contains the entire understanding between the parties concerning the subject matter hereof, and supersedes any prior written or oral agreements between them. The provisions of this Agreement cannot be waived, altered, amended or repealed, in whole or in part, except by a subsequent writing signed by all parties.

    b. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by executing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.

    c. If any portion of this Agreement is deemed illegal, void or unenforceable, then the remaining provisions in this Agreement shall remain in full force and effect.

    d. By clicking on the “Accept” icon, You are effecting an electronic signature and agree to be bound by all the terms and conditions of this Agreement just as if You signed this document in hard copy form.

LIABILITY

I understand that it is my responsibility to consult my personal physician to determine my fitness to engage in exercise programs. I hereby affirm that I am in good health and capable of participating in the fitness activities conducted at High Ride Cycle, LLC. I am aware that there are inherent dangers in exercise participation and the use of cycling equipment. I acknowledge and understand that such fitness activities involve a risk of injury, including a remote risk of death or permanent disability, which could result in severe social or economic losses. I am voluntarily participating in these activities and using the equipment with the full knowledge, understanding and appreciation of the dangers involved and expressly assume the risks associated therewith.

In consideration of being allowed to participate in activities at High Ride Cycle, I do for myself, my heirs, executors, administrators and/or assigns hereby release, waive and relinquish any and all claims against High Ride Cycle, LLC, its officers, employees, agents and representatives, for injuries or damages to my person or property arising out of, or connected with, my participation in such activities. This release shall apply whether the injury/damage is the result of action, inaction or negligence on my part or on the part of third parties including other participants or High Ride Cycle trainers, employees, officers, agents and representatives.

I acknowledge that I have carefully read this release and fully understand that in participating in any of the activities at High Ride Cycle there is the possibility of physical injury. I represent that my participation in any program at High Ride Cycle is done so of my own free will and entirely at my own risk. I hereby certify that I am at least 18 years of age and competent to enter into this agreement.

PHOTO USE RELEASE FORM

I hereby grant and authorize High Ride Cycle LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits, and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing.

I understand and agree that these materials shall become property of High Ride Cycle LLC and will not be returned.

I hereby hold harmless, and release High Ride Cycle LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.

I warrant that I am of the age of consent (18 years or older) and that I am competent to contract my own name. I have read this release before signing and I fully understand the contents, meaning and impact of this release.