COVID-19 Waiver

The client acknowledges that novel coronavirus (“Covid-19”) infections have been confirmed throughout the United States, including in Florida. In accordance with the most recent guidance and protocols issued by the World Health Organization(WHO), the Centers for Disease Control and Prevention (CDC), for slowing the transmission of COVID-19 the undersigned hereby agrees, represents, and warrants that neither the undersigned shall visit or utilized the facilities, services and classes of Soho Cycling Studio, LLC within 14 days after (I) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii), exposure to any person returning from areas subject to the above, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed.

The client hereby agrees, represents and warrants that the undersigned will not attend class if symptoms of COVID-19 are currently present, or he or she has a suspected or diagnosed/confirmed case of COVID-19. Soho Cycling Studio, LLC has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above.

The client acknowledges and agrees that Soho Cycling Studio, LLC may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with Soho Cycling Studio, LLC revised procedures prior to utilizing the facilities, services, and programs of Soho Cycling Studio, LLC. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services and programs offered by Soho Cycling Studio, LLC, social distancing of 6-feet per person among clients and instructors is not always possible. The undersigned fully understand and appreciates both known and potential dangers of utilizing the facilities, services, and programs of Soho Cycling Studio, LLC and acknowledges that use thereof by the undersigned may, despite, the Soho Cycling Studio, LLC reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, series illness, disability, and/or death.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER SOHO CYCLING STUDIO, LLC FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, TAKING CLASSES, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

THE CLIENT, ON HIS OR HER BEHALF HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE SOHO CYCLING STUDIO, LLC, its directors, officers, employees, volunteers and agents from all liability to the undersigned and all personal representatives, assigns, heirs, and next of kin of the undersigned for any loss or damage, and any claim or demand on account of any property damage or any injury to, or an illness or the death of the undersigned (or any person who may contract COVID-19, directly or indirectly, from the undersigned) whether caused by the negligence, active or passive, of the Soho Cycling Studio, LLC or otherwise while the undersigned or about the premises or any facilities or equipment therein or participating in any program affiliated with Soho Cycling Studio, LLC.

The client hereby agrees to indemnify and save and hold harmless Soho Cycling Studio, LLC, its directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned, upon, or about the premises or any facilities or equipment.

The client understands and agrees that Soho Cycling Studio, LLC is not required to provide insurance to cover the undersigned in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Soho Cycling Studio, LLC.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM SOHO CYCLING STUDIO, LLC INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY SOHO CYCLING STUDIO, LLC FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNIFICATION FOR AL CLAIMS.

I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.

Terms of Service

Agreement Between User and SOHO Cycling
2019 West Kennedy Blvd Tampa Fl 33606
SOHO Cycling is registered with the State of Florida as a Health Studio.
Registration No. is HS14404

Various Monthly Memberships are available for up to $145 (unless offered at a discounted rate) per 30 day period to start on the first date of use. Memberships do not contain any initiation or termination fees. Unlimited Members are entitled to make up to 1 reservation in each available session during their 30 day membership but will be assessed a $10.00 No-Show Fee in the event the Member fails to attend a reserved session without notifying Soho Cycling more than 6 hours prior to the scheduled start time. All Unlimited Month packages will expire 30 days from the date of use. All other packages and single sessions have up to 1 year from the date of purchase to be used from the date of purchase and are not subject to a No-Show Fee; however, unattended sessions or sessions cancelled within 6 hours of the session’s start time are subject to forfeiture without reimbursement for that session or future sessions.


Members are entitled to the cancellation and refund of the contract if this business location closes, or moves it facilities more than (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within (5) driving miles at no additional cost to the buyer.

Members should be advised that any notice of his/her intent to cancel shall be given in writing to SOHO Cycling. Such notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has surrogated or assigned the consumer’s contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.

Members should be advised that if the department determines that a refund is due by the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: 1. Upon sale, for not more than 14 consecutive days; or 2. During ownership, for not more than (7) consecutive days and not more than (2) periods of (7) consecutive days in any calendar year.

A refund shall be issued within 30 days after receipt of this notice.

Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business to address any unresolved conflicts.

This contract may be canceled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract prices by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The buyer or the buyer’s estate seeking relief under this paragraph maybe required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days.

The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before proceeding contract expires. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.

Website

The Soho Cycling Web Site is comprised of various Web pages operated by Soho Cycling. The Soho Cycling Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Soho Cycling Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Soho Cycling reserves the right to change the terms, conditions, and notices under which the Soho Cycling Web Site is offered, including but not limited to the charges associated with the use of the Soho Cycling Web Site.

LINKS TO THIRD PARTY SITES

The Soho Cycling Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Soho Cycling and Soho Cycling is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Soho Cycling is not responsible for webcasting or any other form of transmission received from any Linked Site. Soho Cycling is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Soho Cycling of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Soho Cycling Web Site, you warrant to Soho Cycling that you will not use the Soho Cycling Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Soho Cycling Web Site in any manner which could damage, disable, overburden, or impair the Soho Cycling Web Site or interfere with any other party’s use and enjoyment of the Soho Cycling Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Soho Cycling Web Sites.

USE OF COMMUNICATION SERVICES

The Soho Cycling Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Soho Cycling has no obligation to monitor the Communication Services. However, Soho Cycling reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Soho Cycling reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Soho Cycling reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Soho Cycling’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Soho Cycling does not control or endorse the content, messages or information found in any Communication Service and, therefore, Soho Cycling specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Soho Cycling spokespersons, and their views do not necessarily reflect those of Soho Cycling.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Soho Cycling OR POSTED AT ANY Soho Cycling WEB SITE

Soho Cycling does not claim ownership of the materials you provide to Soho Cycling (including feedback and suggestions) or post, upload, input or submit to any Soho Cycling Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Soho Cycling, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Soho Cycling is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Soho Cycling’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Soho Cycling WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Soho Cycling AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Soho Cycling WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Soho Cycling WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Soho Cycling AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Soho Cycling WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Soho Cycling AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Soho Cycling AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Soho Cycling WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Soho Cycling WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Soho Cycling WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Soho Cycling WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Soho Cycling OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Soho Cycling WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Soho Cycling WEB SITE.

SERVICE CONTACT: info@sohocycling.com

TERMINATION/ACCESS RESTRICTION

Soho Cycling reserves the right, in its sole discretion, to terminate your access to the Soho Cycling Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Soho Cycling Web Site. Use of the Soho Cycling Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Soho Cycling as a result of this agreement or use of the Soho Cycling Web Site. Soho Cycling’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Soho Cycling’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Soho Cycling Web Site or information provided to or gathered by Soho Cycling with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Soho Cycling with respect to the Soho Cycling Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Soho Cycling with respect to the Soho Cycling Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Soho Cycling Web Site are: Copyright 2007 Soho Cycling and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.