Terms & Conditions/Privacy Policy

TERMS & CONDITIONS

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

The following terminology applies to the following, Privacy Statement, Disclaimer Notice and any or all Agreements attached:

“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, or either the Client or Ourselves.

“Programs” refers to classes, activities, events, etc.

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 Texas 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.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify iiCE FITNESS and all of its respective members, employees, heirs, successors, agents, contractors and assigns. The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor and on behalf of the undersigned’s heirs, successors, representatives and assigns 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 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.

The undersigned member/participant (“Member”) of iiCE FITNESS, LLC (“iiCE FITNESS”) acknowledges that the programs offered by iiCE FITNESS and use of the facilities where those programs take place (collectively, “Programs”) involve the inherent risk of injuries, losses, penalties, liabilities, and economic, mental and physical and damages, including, but not limited to, seizures, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and other illness, soreness and injuries. Member further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of instructors or other persons, defective or improperly used equipment, over exertion of Member, slip and fall, or an unknown or known health problem of Member.

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.

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

WARNING: PHOTOSENSITIVITY AND SENSORY OVERLOAD

Individuals with epilepsy or other nerve conditions sensitive to flickering light are recommended to not partake in the Programs at iiCE FITNESS. Individuals who have never suffered an epileptic seizure may nevertheless have an undetected epileptic condition. If you are not willing to take this risk do not partake in Programs at iiCE FITNESS. If you have a personal or family history of epilepsy or any other condition sensitive to flickering light, are uncomfortable with bright light, are uncomfortable with sensory overload or loud sounds, have a heart condition, or are under the restrictive care of a physician for any serious medical condition, you should consult a qualified medical professional before partaking in the Programs at iiCE FITNESS. Immediately discontinue the Programs at iiCE FITNESS if you experience any of the following symptoms: involuntary movements, disorientation, eye or muscle twitching, confusion, dizziness, convulsions or nausea.

Member affirms that Member is in good physical condition and does not suffer from any mental or physical disability that would prevent or limit his or her participation in the Programs. Member acknowledges participation will be physically and mentally challenging, and Member agrees that it is the responsibility of Member to seek competent medical or other professional advice regarding any concerns or questions involved with the ability of Member to take part in the Programs. By signing at the bottom of this page, Member asserts that he or she is capable of participating in the Programs and agrees to these terms. Member agrees to assume all risk and responsibility for not exceeding his or her physical limits. Member, for his or her own behalf and on behalf of Member’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASES, INDEMNIFIES AND HOLDS HARMLESS iiCE FITNESS, and their respective members, managers, officers, agents, employees, and owners from and against any and all claims, demands, losses and liabilities arising out of or related to any injury, disability or death that Member may suffer, or loss or damage to person or property, to the fullest extent permitted by law. This Release of Liability and Assumption of Risk shall survive any termination or renewal of this Agreement.

By agreeing to this, I confirm I have read this Release of Liability and Assumption of Risk, fully understand its terms, and sign it freely and voluntarily without any inducement.

THE MEMBER KNOWINGLY AND FREELY AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PROGRAMS.

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. If your 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 only be exchanged or refunded to the original payment method. TIEM shoe orders are NON-refundable.

CANCELATION POLICY

There is a 12-hour cancellation policy for all classes. All classes must be canceled 12 hours before class start time to avoid fees. Clients who "Late Cancel" will be charged a $15 fee. "No Shows" will be charged a $20 fee. Credits are returned to your account once the “Late Cancel” or “No- Show” fee has been processed. Fees are automatically charged within 24 hours of the scheduled class time. Only First-Time "Late Cancelation" or "No Show" using a First-Class Promo class credit will result in a loss-of-credit.

NEW RIDER POLICY

New Riders will not be allowed into class once it has begun due to the required bike safety and class briefing. We ask that all new riders arrive at least 15-10 minutes before class for their first-timer orientation.

ARRIVE EARLY

Arrive 15 minutes before class starts and let any of our studio staff members know you are a New Rider so we can introduce you to our studio and help get your bike set up. Late arrivals will not be permitted into class 5 minutes after class start time! If you are running late, we cannot guarantee that your bike will be held. We recommend arriving 10-15 minutes before class to allow enough time for parking, check in, & bike set up! New riders, please review our New Rider Policy above.

CHECK-IN POLICY

Mobile Check-in allows you to check-in when you are within a 300 meter radius of the studio. Mobile Check-In begins 30 minutes before class and ends 5 minutes before class. If it is 5 minutes or less before class start time, you must check-in with a studio staff member. Please ensure you were checked in before leaving the studio especially if you missed the Mobile Check-In window.

LATE ARRIVALS

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.

SPOT POLICY

Be sure to let us know when you arrive! Check in on your mobile app or with a staff member at the front desk. All bikes not claimed 5 minutes before class start time will be released, and we cannot guarantee your assigned spot. If you are running late, please call the studio to let us know you are on the way. This will allow us to hold a spot for you, though it might not be your original selected spot. Bikes not claimed within the 5-minute mark will be released to riders who are present and on the stand-by list.

BOOKING WINDOW

Member Booking: Saturday 12PM- Following 2 Weeks Interval Booking Window

Non-Member Booking: Sunday 12PM- Following 2 Weeks Interval Booking Window

SHOE RENTALS

First time shoe rentals are on us! Shoe rentals are $2+ tax. Save time by adding your shoe rental to your reservation directly on the app or at check-in with a studio staff member.

GUEST BOOKING

Anyone using the iiCE Fitness app is able to buy class credits for a guest or use their Member Guest Passes by selecting “Reserve for… Guest” and inserting their email address!

Members with monthly guest passes included in their membership, receive their 2 guest passes on the day of Auto-Renewal and are automatically credited to member accounts.

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 are added to the waitlist, you’ll receive an email confirmation. The waitlist does not guarantee your spot in class. If you are moved to the waitlist please call the studio to confirm your attendance. Once you’ve confirmed your attendance, arrive at the studio 10-15 minutes before class, find a studio staff member and ask to be placed on the Stand-by list. This will place you in a queue to ensure you make it into the class.

Joining the Waitlist- You are able to join the waitlist up to 15 minutes before class start time. You are welcomed to come into the studio and be on Stand-by. Once the studio door closes, any available bikes may be taken by those on the “Stand-by” list.

Waitlist Cancellations- waitlist reservations can be canceled at any time without penalty unless the waitlist reservation is upgraded and confirmed as a reservation. We kindly ask that you please remove yourself from the waitlist if you know you wouldn’t be able to make it on time for class.

1 Hour Waitlist Auto-Fill- The system will stop automatically adding riders on the waitlist into the class 1 Hour before class time. If you make it off the waitlist and it is less than 1 Hour before class time, a studio staff member will give you a call to confirm your reservation.

Confirmed Booking- If you are moved off the waitlist and successfully booked into a class, you will receive a confirmation email and a notification through your iiCE Fitness app. Please opt into email/ text/ app notifications. All confirmed reservations are subject to the Cancellation Policy.

Unable to Attend- If you are unable to attend the class after you have been successfully booked into class, we kindly request that you inform us via call or email BEFORE class time. This allows us to waive the “No Show” fee and notify the next person on the waitlist.

Removal from Waitlist- If you do not make it off the waitlist you will be automatically removed from the waitlist and returned your credit or membership usage for a future booking, this is automatically processed 1- Hour after class end time.

STAND-BY POLICY

You must be present at least 5 minutes before class to get on the Stand-by list. Please check-in with studio staff to confirm your arrival for the stand-by list. Stand-by reservations are not confirmed till a bike is assigned by a studio staff member based on spot availability.

RESERVATION CUT-OFF

Clients are able to make reservations on the app up to 15 minutes before class start time including getting on the waitlist. If you are unable to book through your app, simply check with any front desk staff member to add you to class. Spots may vary.

COMMUNICATION POLICY

We kindly ask that you communicate with us via our live website chat, phone, or email. The best, instant form of communication is our website live chat that is being monitored by our studio staff during open studio hours. The chat is located on the bottom-right corner of our website. Please refrain from communicating via Instagram, as we do not monitor Instagram chat during class check-in times.

THIRD PARTY RESERVATIONS

Clients who use third party booking systems such as ClassPass, StudioHop, and Wellhub are not guaranteed specific spots in any class but can asked to be moved upon arrival as spots vary. iiCE is not responsible for any cancellations or account configurations. For third party questions or concerns, please contact your third party support team.

Live Chat: iicefitness.com (Bottom Right Corner)

Studio Cell: 972-360-9525

Studio Email: info@iicefitness.com

PHONE POLICY

We encourage you to capture your special moments at iiCE Fitness, but we ask that you do so thoughtfully and respectfully. Phones must be placed on DO NOT DISTURB and lowest brightness setting. No calls, texting, or use of flash is permitted during class. Please do not “post/upload” during class. We understand that you may have loved ones that require your attention, please walk out of the studio room if you must use your phone. We want to be respectful to your peers and instructor/s. If you are awaiting an important call please let your instructor know before class starts.

GUEST COACH RIDES

At iiCE, we're actively collaborating with coaches worldwide! While we strive to bring more guests, due to the cost and travel involved, premium guest coach rides are not included in memberships and cannot be booked with regular class credits. However, unlimited members do enjoy priority booking! Some rides are exclusive to iiCE members due to high demand and limited availability. Join us to unlock all member perks and experience iiCE with our guest coaches!

SPECIAL GUEST RIDES

At iiCE, you know we love to think outside the box and throw some wild celebrations! We have the pleasure to welcome special guests like live DJs, bands, upcoming artists, and performers. Due to the talent cost and travel involved, some special guest rides are not included in memberships and cannot be booked with regular class credits. However, unlimited members do enjoy priority booking!

USE OF PHOTOGRAPHS AND VIDEOS

The Member understands and agrees that photos or videos may be taken during the course of his or her involvement in the Programs, which may be used for promotional purposes. The Member agrees that iiCE FITNESS may copyright, use and publish any such photos and videos for any lawful purpose and will not owe the Member any monies for such use of their image. The Member agrees that even after cancellation, their image/likeness could still be used for promotional purposes and iiCE FITNESS is under no obligation to remove such image.

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.

NOTICE OF RIGHT OF CANCELLATION OF CONTRACT

The Member may cancel this contract by giving notice of cancellation no later than 3 days after the date of execution of this agreement. It is not necessary to provide a reason for the cancellation. In order to cancel this agreement, the Member must provide notice of cancellation by a method that will allow the Member to prove that he or she gave notice, including email or personal delivery of notice within the 3-day period.

PERSONAL PROPERTY

Member also acknowledges that leaving any personal property on the premises or in the care or custody of iiCE FITNESS involves risks of theft, damage, or other loss of use or reduction in value of such personal property and that (i) Member shall insure or self-insure against any and all such losses or damages, (ii) such insurance or self-insurance shall be Members sole and exclusive recourse for any and all damages or losses with regard to all such risks and (iii) Member shall Release and hold harmless the Released Parties with regard to such risks, damages and losses.

MISCELLANEOUS

iiCE FITNESS reserves the right from time-to-time to establish policies that apply to all fitness program members regarding attendance, conduct, safety, contract cancellation and other relevant subjects, and to modify these policies. Any such policies will be posted in the iiCE FITNESS gym and emailed to the members 2 weeks prior to the effective change date.

This agreement is the final understanding between the parties and replaces any prior negotiation, discussions or agreement between the parties. Other than as stated above, this agreement may not be modified or amended in whole or in part, without the written consent of both parties. Member acknowledges that you have carefully read this release and fully understand that it is a release of liability. Member acknowledges that (1) you have had an opportunity to thoroughly review this document and consult counsel if you desire, (2) you are voluntarily participating are under no compulsion to sign this document and are doing so freely and without duress or undue influence, and (3) you fully understand that exercise and related activities are inherently dangerous and involve risks of serious injury, death, and/or property damage.

PARENT/GUARDIAN CONSENT (IF MEMBER IS UNDER 18)

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.

I,__________________________ as parent/guardian with legal responsibility for the Member named above, hereby consent and agree to his/her Release of Liability and Assumption of Risk as provided above, and, for myself, my heirs, assigns and next of kin, I release and agree to indemnify and hold harmless iiCE FITNESS from any and all liability incidents to my minor child’s involvement or participation in the Programs, to the fullest extent permitted by law.

I grant iiCE FITNESS the right to take photographs and videos of my minor child and authorize iiCE FITNESS to copyright, use and publish the same in print or electronically. I agree that iiCE FITNESS may edit and use such photographs and videos for any lawful purpose.

PURCHASE CONDITIONS

All packages, classes and memberships are non-refundable. All members must have a card on file to attend a class or training session.

Classes who use third party booking systems such as Class Pass or StudioHop are not guaranteed specific spots in any class.

RECURRING MEMBERSHIP POLICY

Monthly memberships shall be paid in advance on a monthly basis on the calendar date upon which the membership becomes activated for the following month. Payment for monthly memberships shall be made via automatic debited payment (credit card, debit card, or automatic checking account draft). You hereby authorize iiCE FITNESS to automatically debit the card on file for the monthly membership until it is cancelled according to the terms and conditions herein.

REGISTERING FOR CLASSES

You may register for our classes on iicefitness.com by downloading our app, or in person at our studio.

MINOR REGISTRATION POLICY

Registration of minors (ages 15-18) 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 15, 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 15 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 PRIVACY IS IMPORTANT TO US

iiCE FITNESS, LLC is committed to protecting the privacy of our site visitors and customers, we fully appreciate and respect the importance of privacy on the Internet. This Privacy Policy (“Policy”) applies to iicefitness.com and any subsidiaries and affiliates (“iiCE FITNESS”, “we”, “us” or “our”) belonging to iiCE FITNESS, LLC, and describes the collection, use and disclosure of information and data we collect about users of the Site. By accessing the Site, you agree that your personal information will be handled as described in this Policy and consent to the data practices described within this Policy. Your use of our Site, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The iiCE FITNESS Terms and Conditions are incorporated by reference into this Policy. We may change this Policy from Time to time in order to reflect current changes as required by law or regulatory operations, your use of the Site hereby constitutes your acceptance of any revised Policy changes.

We will not disclose information about the customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.

YOUR CONSENT

We will not sell the clients name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom the client may have linked to the site) without your permission.

COMMUNICATION & MARKETING

If you have made a purchase from Our studio, we may occasionally update you on our latest products, news and special offers via email. All Our customers have the option to opt-out of receiving marketing communications from Us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties on checkout.

We use “cookies” on this site. A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit our site, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

COLLECTION OF YOUR PERSONAL INFORMATION

We collect information about you directly from you (both online and in studio) and from third parties, as well as automatically through the use of our Site. In order to better provide the client with products and services offered on our Site, we may collect personally identifiable information, including but not limited to; your first and last name, mailing address, email address, phone number, and password. If you purchase products or services from us, we collect billing and credit card information and purchase history. This information is used to complete the purchase transaction. We also may collect information about your workout preferences, including your fitness performance, apparel sizes, including shoe size preferences. If you provide this information directly to one of our gym employees, we may associate this information with your account (e.g., if you sign up for a class while you are in the gym). We may also collect anonymous demographic information, which is not unique to you, including but not limited to, your: age and gender. Please keep in mind that any information you disclose through public message boards belonging to us may be collected and/or used by us or others. You may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

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 and studio.

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

THIRD PARTY SITES

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHECKING YOUR DETAILS

If you wish to verify the details you have submitted to us, you may do so by contacting us via the e-mail address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

CONTACTING US

Please contact us with any questions or comments at info@iicefitness.com

Please read this contract carefully. It states all the terms of our agreement. If it correctly reflects our understanding, please sign and date below. The parties whose signatures appear below have read this agreement and agree to each of the terms and conditions stated in it.

You should retain a copy for your files so that you will have a memorandum of our agreement.

iiCE Fitness