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TERMS & CONDITIONS 

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Rider”, “Client,” “Member,” “Visitor,” “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We” and “Us” refers to our Company iiCE Fitness). “Party,” “Parties,” or “Us,” refers to both the Client and ourselves, either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

The iiCE Fitness website allows clients to receive information about iiCE Fitness, as well as reserve, cancel, and pay for services and products offered at iiCE Fitness facilities. The services offered by iiCE Fitness include but are not limited to the http://www.iicefitness.com website, which is hosted in the United States.

PRIVACY POLICY

iiCE Fitness is committed to protecting your privacy. This privacy policy discloses what personally identifiable information is collected from you through our website (http://www.iicefitness.com), how it is used, and with whom it may be shared. It also outlines the choices available to you regarding the use of your data and the security procedures in place to protect the misuse of your information.

Please read this privacy policy before using this site or submitting your personal information. By using this site, you are accepting the practices described in this privacy policy.

INFORMATION, COLLECTION, USE AND SHARING

We at iiCE Fitness are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. This information includes names, postal addresses, phone numbers, email addresses, credit card information, etc. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about classes, events, or announcements, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

      See what data we have about you, if any.

      Change/correct any data we have about you.

      Have us delete any data we have about you.

      Express any concern you have about our use of your data.

SECURITY

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for keeping your account and password information confidential and restricting access to your computer. You also agree to accept sole responsibility for all activities that occur under your account or password. Please sign off when you are finished using a shared computer.

LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE iiCE Fitness ENTITIES TO YOU.

  • By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of iiCE Fitness (“iiCE Fitness's”), whether online or in a iiCE Fitness's facility or using iiCE Fitness's equipment, and/or by using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the iiCE Fitness's workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that iiCE Fitness's strongly recommends that you consult with a licensed physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the iiCE Fitness Entities, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any iiCE Fitness's activities.

  • If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.

  • WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, iiCE Fitness ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

  • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

  • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, iiCE Fitness ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, iiCE Fitness ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

  • YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.

  • WITHOUT LIMITING THE FOREGOING, iiCE Fitness ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

REGISTRATION

In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Registration of minors (ages 13-18) must be completed in person at one of our studios with a parent or legal guardian present. If we learn any personal information has been submitted to the website from a child under the age of 13, we will delete that information as quickly as reasonably possible. iiCE Fitness does not seek or share personal information from minors through this website.

If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at one of our iiCE Fitness locations.

Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate.

iiCE Fitness reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit iiCE Fitness or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COOKIES

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to login a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via info@iicefitness.com

BUYING CLASS CREDITS AND CREDIT CARD INFORMATION

When you buy class credits or packages from iiCE Fitness, you agree to our terms and conditions in full. Riders may elect to keep a credit card on file using their iiCE Fitness account online. By placing a card on file, the cardholder and account holder permits the iiCE Fitness staff to charge the card for any in-studio purchases made by the client unless the client provides an alternate form of payment.

MONTHLY PASSES

When purchasing a monthly pass membership from iiCE Fitness, you agree to our terms and conditions in full. Monthly pass riders are required to keep a valid credit card on file using their iiCE Fitness account online. By purchasing a monthly pass membership, the cardholder and account holder permits the iiCE Fitness staff to charge the card every 30-days for their membership fee and also for any in-studio purchases made by the client unless the client provides an alternate form of payment.

All our monthly passes are available on auto-renewal ONLY. Monthly pass riders are required to keep a valid credit card on file. If your credit card is declined you have a 1 day grace period to make a payment before we freeze your pass. Monthly pass memberships can be canceled anytime after the three months with 30 days notice. Monthly passes cannot be used to book a guest and are non-transferable. Notice must be provided in-person or via email info@iicefitness.com.  You cannot provide cancellation notice via Facebook, Text, or Instagram.

REFUND POLICY

We do NOT provide refunds on class credits, monthly passes, or memberships. Retail items returned within 7 days (14 days for online orders) of purchase, tags attached, can be exchanged or refunded to the same payment method.

HEIGHT REQUIREMENT

Riders must be at least 4’ 11” to take cycle classes at iiCE FITNESS.

STUDIO ROOM CONDITIONS

iiCE FITNESS is an intense workout. Cycle practices combine rhythm-based choreography, high intensity intervals, and upper body sculpting exercises in class. Please consult your doctor before beginning a new exercise regimen. The temperature in the room ranges from 70-85 degrees depending on the quantity of guests in the room and indoor/outdoor weather conditions. Loud music will be played in class that may contain explicit language. 

MISCELLANEOUS:

  • Always bring the bike to a complete stop before unclipping.

  • If recovering from injury or illness, or have known sensitivities, notify the instructor prior to class start time.

PERSONAL BELONGINGS:

  • You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

INTELLECTUAL PROPERTY RIGHTS

  • “iiCE FITNESS” and “iiCE FITNESS” and other graphics, logos, designs, headers, footers, are service marks or trademarks iiCE FITNESS and cannot be used for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this website for the sole purpose of reserving classes and other personal use. Any other use of the materials on this website without prior written permission of iiCE FITNESS are strictly prohibited.

WEBSITE DISCLAIMER

  • The information provided by iiCE FITNESS (“we”, “us”, or “our” on www.iicefitness.com (the “Site”) and our mobile application is for general information purpose only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE ON THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site and our mobile application may contain (or you may be sent through the Site and our mobile application), links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RELIABILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

The Site does not contain health, nutrition, or fitness advice. The information is provided for general informational and educational purposes only and it is NOT a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with appropriate professionals. We do not provide any kind of physical health, mental health, nutrition, or fitness advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The Site does not contain health, nutrition, or fitness advice. The information is provided for general informational and educational purposes only and it is NOT a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with appropriate professionals. We do not provide any kind of physical health, mental health, nutrition, or fitness advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

SIGN-UPS

Unlimited Memberships can reserve classes up to 14 days in advance. Credit buyers can reserve class up to 7 days in advance. To sign-up, purchase a single class or a class series and book a bike online, in-studio, or give us a call.

CANCELLATIONS

We value accountability! If you book a bike, be sure you can show up for class. As a courtesy to our team and community, we charge late cancellations and no show fees. If you need to cancel your bike, please cancel 12 or more hours before your scheduled class - this includes waitlisted clients. You can cancel online, in- studio, or give us a call. If you late cancel or no show, you will forfeit the class credit. Unlimited members will be charged $10 for late cancels and the current “non-discounted” drop-in rate for a no-show.

ARRIVE EARLY

Arrive 15 minutes before class starts and let our Studio Coordinators know you are a new rider so we can introduce you to our studio and class method.

SIGN-IN

Be sure to let us know when you arrive! Your bike will be released to riders on the waitlist approximately 5 minutes before class begins. If you are running late, please call the studio and let us know you are on the way. Our front desk team will hold your bike for up to 5 minutes after class begins, although we cannot guarantee it will be the same one you signed up for. As a courtesy to your instructor and your fellow riders, if you arrive more than 5 minutes after class begins, you will not be allowed in class — it disrupts the class vibe.

LATE ARRIVALS

Bikes will be released to riders on the waitlist 2 minutes before class begins. If you are running late, please call the studio and let us know you are on the way. The spin room doors will be closed 1 minute before class starts at which point late arrivals will not be permitted.

FOR RIDERS LEAVING EARLY

We discourage leaving class early and want to hold our community accountable to the class and class length they signed up for as the length of the class is always indicated. However, in the event that you have to leave early, please let your instructor know before class starts.

WAITLISTING

If a class is full, you can choose to be added to our waitlist. If you get a spot, you’ll receive an email confirmation. If you get a spot within 12 hours of the scheduled class, you will be responsible for the cancellation fee if you cannot make the class.

RETURN AND EXCHANGE POLICY

Classes, class packages, and event tickets are non-refundable and non-transferable unless otherwise expressed by iiCE FITNESS.

RELEASE AND INDEMNITY AGREEMENT

This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify iiCE FITNESS (shall be referred to hereafter as “iiCE FITNESS”), an Texas limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors and assigns (collectively the “Released Parties”).

The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor (the person engaged in the activities with iiCE FITNESS shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.

Participant is entering into this Release after having viewed or having the opportunity to view the studio and instructors' qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.

Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which alleged negligent acts and/or omissions committed by Released Parties or any third party.

By acknowledging this waiver, you agree that you should consult any medical practitioner prior to participating in any actives with iiCE FITNESS or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.

The Releasing Parties further agree to indemnify, defend and hold harmless, the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties or in the use of any equipment at the Verve Studios studio or any other premises owned, leased or used by the Released Parties, without limitation, attorneys’ fees and expenses incurred by the Released Parties.

All personal property brought to the studio or any other location where the Participant is participating in any activity or exercise program offered by the Released Parties, is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at the iiCE FITNESS studio or any other premises owned, leased, or used by the Released Parties.

Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of Participant as a program participant, including but not limited to its social media or web-based materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed property of the Released Parties.

Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Texas. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this agreement shall be subject to binding arbitration.

Participant agrees to maintain current credit card information on file and authorizes iiCE FITNESS to charge the credit card on file for the payment of services and fees. This credit card is kept on file and will remain in effect until the expiration of the credit card account.

We will not seek, use, or disseminate any information from unauthorized access, use, modification, or disclosure. These files are confidential and will only be used by the studio to better support your needs.

PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.

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