SO FIT CYCLE

TERMS + CONDITIONS

Use of any SO FIT CYCLE facility, products or services will be subject to the terms of service listed below. By clicking “I accept,” “I agree,” or “Place Order,” you will be deemed to have accepted these Terms of Service and will be bound by them the same as if you had hand-signed a written contract. Please read these Terms of Service carefully. A separate membership agreement will also be sent to you at the email address associated with your account, and any conflict with these Terms of Service will be resolved in favor of the Membership Agreement. 

1. Default and Late Payments. Should you default on any payment obligation, SO FIT CYCLE will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorneys’ fees. A default occurs when any payment is past due for more than 30 days. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS, OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 5 DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. SO FIT CYCLE has a right to suspend services if a scheduled invoice is not paid, and you consent that such a suspension of services is reasonable. This provision is subject to any applicable local, state or federal laws. 

2. Authorization for Preauthorized Payments. By click-signing your acceptance to these Terms of Service, you expressly authorize SO FIT CYCLE and its third-party affiliates, to electronically deduct monthly dues from your account and to initiate transfers whether by EFT or ACH transfer, from the designated bank account tied to your membership for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which you owe under the Agreement. Auto-pay billing will be deducted from your account on the same calendar day of purchase each month. 

3. Refund/Purchase/Cancellation PolicyIn order to make a reservation, you must first have a class credit or unlimited monthly membership in your account. To buy an individual class, a series of classes, or monthly memberships, you can either sign up by visiting www.sofitcycle.com by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.

Please note that the prices of future classes and membership might be subject to change. You should be aware that classes and series expire.  Subject to any statutory right of cancellation, payments for credits are non-refundable unless otherwise stated in these conditions. You can reserve classes up to 1 week in advance for most credit types. Certain users and credit types might receive the ability to book classes more than 1 week in advance.

A valid credit/debit card must be on file at all times for unlimited monthly memberships. If you fail to pay any charges when due or your card is denied, SO FIT CYCLE, INC. reserves the right to suspend or terminate your privileges. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that SO FIT CYCLE, INC. may incur in its efforts to collect any past due or unpaid balances from you. Class credits purchased will not be entitled to a refund.   

You cannot redeem your class for cash and you cannot transfer it to another rider or community member.

Classes DO expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App. Expirations can also be checked by logging into your SO FIT CYCLE account/dashboard.

Future class prices are subject to change, but SO FIT CYCLE, INC. will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a SO FIT CYCLE, INC. studio. 

Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your class. SO FIT CYCLE,INC. will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. 

4. Right to Rescind. You may rescind your SO FIT CYCLE,INC. membership at any time before midnight of the tenth (10th) day, exclusive of holidays and weekends, after click-signing your consent to these Terms of Service. If you choose to rescind your SO FIT CYCLE membership, you must either send a signed and dated written notice of rescission/cancellation by certified mail to: SO FIT CYCLE., Attention: SO FIT CYCLE, 1276 Bald Hill Rd., Warwick, RI 02886 or Attention: SO FIT CYCLE, 650 Boston Neck Road, North Kingstown, RI 02852; Or personally deliver a signed and dated written notice of rescission/cancellation to any SO FIT CYCLE facility where you are a member.  

5. Rights to Cancel. After the expiration of the ten day rescission period, you may cancel your SO FIT CYCLE, INC. membership if you qualify as follows: (i) you die; (ii) you become permanently disabled or significantly physically disabled for a period in excess of three (3) months; (iii) you move more than 15 miles from your SO FIT CYCLE facility, and SO FIT CYCLE is unable to transfer your membership to a comparable facility within 15 miles of your new residence; or (iv) SO FIT CYCLE goes out of business or in the event of the sale of SO FIT CYCLE ownership.

6. Termination of Prepaid Memberships. If you do not qualify for rescission or cancellation as described above, then you may not terminate your prepaid membership prior to the end of your prepaid fixed initial term. Once your fixed initial term ends, your prepaid membership will expire automatically.  

7. Termination of Auto-pay Memberships. If you are an auto-pay member, you may terminate your membership at any time by providing SO FIT CYCLE with a 30-day advance written notice or by sending an email to info@sofitcycle.com. There is no early termination fee. Once SO FIT CYCLE receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle. Classes not used by the expiration of your then-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.  

8. Refunds. For prepaid members who properly rescind or cancel will be issued a refund for any prepaid sums, less the value of services received, within the time period prescribed by state law. At the prepaid member’s election, refunds may be processed electronically back to the credit card or designated account on file. For recurring dues members who properly rescind or cancel, SO FIT CYCLE will “turn off” the EFT/ACH draft on the account and the member will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid within the time prescribed by state law. SO FIT CYCLE has no obligation to a pay a refund on classes or services that the member has used.  

9. RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY
USE OF SO FIT CYCLE’S PRODUCTS OR SERVICES, INCLUDING USE OF ANY SO FIT CYCLE FACILITY, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless SO FIT CYCLE, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of SO FIT CYCLE’S Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using SO FIT CYCLE's Classes and Facilities, and should not be participating in any Classes.

10. MEDICAL CONDITIONS. BEFORE USING SO FIT CYCLE'S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF SO FIT CYCLE STUDIOS AND SHALL INDEMNIFY SO FIT CYCLE, ITS AFFILIATES, AGENTS, STAFF AND INDEPENDENT CONTRACTORS AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES. 

11. CUSTOMER SERVICE. Any questions or concerns regarding your membership can be directed to a SO FIT CYCLE manager at the SO FIT CYCLE studio where you are a member. 

12. CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify SO FIT CYCLE in writing of any changes in your billing information, address or telephone number. You expressly permit SO FIT CYCLE, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.  

13. DRESS CODE. Proper athletic attire is required. SO FIT CYCLE reserves the right to make the final determination in its sole discretion with regard to appropriate attire.  

14. SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all SO FIT CYCLE studios.  

15. LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a SO FIT CYCLE studio. SO FIT CYCLE shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests. 

16. LATE CANCEL AND NO-SHOW FEES. Unlimited members may be charged a $16 “late cancel fee” when he or she books a SO FIT CYCLE, INC. class and fails to cancel the scheduled appointment within at least 6 hours before the start of the class. A $20 “no-show fee” may apply if an Unlimited member reserves a class and fails to show for the class before the start time of the class. A member with a ‘class-series’ package may lose a class credit from his or her membership package, for every occurrence, where he or she makes a reservation for a SO FIT CYCLE ,INC. class and does not show up for it, or fails to cancel the scheduled class appointment at least 6 hours before the start of the class. 

17. TYPES OF CLASS OFFERED AT SO FIT CYCLE. SO FIT CYCLE’S services are class based and led by a SO FIT CYCLE instructor. In order to utilize SO FIT CYCLE ’s services or facilities, you must sign up for a class on-line at www.sofitcycle.com, or by using the SO FIT CYCLE app. Your membership with SO FIT CYCLE shall include access to SO FIT CYCLE studio or studios to which you purchased. 

18. PRIVATE TRAINING. Use of private trainers or instructors not approved and employed by SO FIT CYCLE is prohibited at all SO FIT CYCLE studios. You may not train or instruct other members or guests, conduct business activity or solicit any business at any SO FIT CYCLE studio.  

19. CHILDREN’S USE. If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. SO FIT CYCLE does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for SO FIT CYCLE classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 14 years of age, meet the minimum height requirement of 4'11", who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for SO FIT classes online.

20. IMAGE USE. You understand that while on SO FIT CYCLE premises, your, or your minor child’s image (including live or recorded video images), may be used or shown on SO FIT CYCLE website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images. You acknowledge that both SO FIT CYCLE locations are under continuous 24/7 video surveillance for security and training purposes. 

21. NON-DISCRIMINATION. SO FIT CYCLE represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships. 

22. MEMBERSHIP TERMINATION. We reserve the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, we will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.  

23. ACCEPTANCE OF TERMS Using the Website or App, purchasing a SO FIT CYCLE class, registering for a SO FIT CYCLE class, booking a bike, purchasing merchandise, and/or using or attending a SO FIT CYCLE class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a SO FIT CYCLE class, registering for a SO FIT CYCLE class, booking a bike, purchasing merchandise, and/or using or attending a SO FIT CYCLE class.

Occasional changes may be made to this document at our sole discretion to reflect changes in SO FIT CYCLE policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying SO FIT CYCLE classes, registering for classes, booking bikes, buying merchandise, and/or using and attending SO FIT CYCLE facilities, you agree to be bound by any such revisions. Riders and community members are encouraged to check this document periodically to stay informed of current guidelines as they are binding to you.

24. CHANGES TO WEBSITE We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and while we will try to maintain it up to date, we are under no obligation to do so.

25. GOVERNING LAW. Your agreement with SO FIT CYCLE shall be interpreted under the laws of the state of Rhode Island. Any litigation shall be resolved in the courts of the state of Rhode Island. 

26. LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages. 

27. CONSENT TO CONTACT. By click-signing these Terms of Service, you give SO FIT CYCLE and its authorized vendors consent to contact you by email to the email address as set forth in your account, or by text message or telephone call at the number associated with your account about any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences, or revoke your consent to receiving promotional messages at any time.