EDGE CYCLE CALIFORNIA LIABILITY WAIVER, RELEASE OF CLAIMS, ASSUMPTION OF RISK, INDEMNIFICATION, CHILD SUPERVISION, AND MEDIA CONSENT AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING OR AGREEING ELECTRONICALLY, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Agreement is entered into by the undersigned participant (“Participant”) in favor of EDGE CYCLE, its owners, members, managers, officers, directors, employees, instructors, contractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”).
By enrolling online, signing electronically, and/or participating in any classes, events, activities, or programs offered by EDGE CYCLE (the “Activities”), Participant agrees as follows:
1. ASSUMPTION OF RISK (CALIFORNIA)
Participant understands and acknowledges that participation in indoor cycling, fitness training, and related activities involves inherent and substantial risks, including but not limited to muscle strains, sprains, fractures, cardiovascular events, equipment failure, collisions with other participants, slips or falls, illness, permanent disability, paralysis, or death.
Participant voluntarily and knowingly assumes all risks, both known and unknown, inherent or otherwise, even if arising from the ordinary negligenceof the Released Parties, to the fullest extent permitted by California law.
2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
INCLUDING NEGLIGENCE (CALIFORNIA-COMPLIANT)
To the maximum extent permitted by California law, Participant releases, waives, discharges, and forever holds harmless the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses of any kind, including attorneys’ fees, arising out of or related to Participant’s participation in the Activities.
This release expressly includes claims based on the ordinary negligence of the Released Parties, but does not include gross negligence, willful misconduct, or fraud, to the extent such claims cannot be released under California law.
3. CALIFORNIA CIVIL CODE §1542 WAIVER
Participant expressly waives the provisions of California Civil Code §1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known, would have materially affected his or her settlement with the debtor or released party.”
Participant acknowledges that they may discover facts or claims different from or in addition to those now known or believed to be true and nevertheless agrees that this release shall remain effective and binding as to all such claims.
4. INDEMNIFICATION
Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, costs, or expenses (including attorneys’ fees) arising out of or related to Participant’s participation in the Activities, violation of studio rules, or breach of this Agreement.
5. MEDICAL REPRESENTATIONS
Participant represents and warrants that they are physically and medically able to participate safely in the Activities. Participant acknowledges that EDGE CYCLE recommends consultation with a licensed physician prior to participation.
Participant assumes full responsibility for monitoring their physical condition during the Activities and agrees to immediately stop participation if experiencing pain, dizziness, shortness of breath, faintness, or discomfort.
6. PERSONAL PROPERTY
All personal property brought onto EDGE CYCLE premises is brought at Participant’s sole risk. The Released Parties are not responsible for loss, theft, or damage to personal property.
7. MINORS (CALIFORNIA)
No person under the age of 15 may participate in EDGE CYCLE Activities. Participants aged 15–18 may participate only with a parent or legal guardian present and executing this Agreement on the minor’s behalf. This Agreement binds the minor and the parent or legal guardian.
8. CHILD SUPERVISION AND NO CHILDCARE PROVIDED
EDGE CYCLE does not provide childcare services. Participant acknowledges and agrees that children must be supervised at all times while on EDGE CYCLE premises.
Children may not be left unattended anywhere on the premises, including but not limited to the studio floor, lobby, seating areas, hallways, or restrooms, while a parent or legal guardian is participating in classes, using equipment, or otherwise utilizing EDGE CYCLE facilities.
Participant assumes full responsibility for the supervision, safety, and conduct of any child brought onto the premises and agrees that the Released Parties have no duty to supervise or care for minors.
To the fullest extent permitted by California law, Participant releases and holds harmless the Released Parties from any and all claims, damages, injuries, losses, or liabilities arising out of or related to the presence or supervision of children on the premises, including claims resulting from a child being left unattended.
EDGE CYCLE reserves the right to deny access or participation to any individual who fails to comply with this policy.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EDGE CYCLE provides its services on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.
To the maximum extent permitted by California law, the Released Parties shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption.
EDGE CYCLE’s total aggregate liability shall not exceed the amount paid by Participant for services during the twelve (12) months preceding the incident giving rise to the claim.
10. PHOTOGRAPHY, VIDEO RECORDING, AND SOCIAL MEDIA CONSENT - INCLUDING THIRD-PARTY RECORDING
Participant acknowledges and agrees that photography and video recording may occur at any time during EDGE CYCLE Activities by EDGE CYCLE, its staff, instructors, representatives, and other participants.
Participant understands and agrees that they may appear incidentally or unintentionally in photographs or video recordings and that such content may be shared, posted, reproduced, distributed, or displayed on social media platforms, websites, promotional materials, or other digital or print media by EDGE CYCLE or by third parties, including other riders.
Participant hereby grants an irrevocable, perpetual, worldwide, royalty-free license to use their name, image, likeness, and voice for such purposes, without compensation or prior approval, and waives any and all claims related to invasion of privacy, right of publicity, defamation, or misappropriation.
EDGE CYCLE does not control, endorse, or assume responsibility for content created or shared by third parties and shall not be liable for any claims arising from third-party use of images or recordings captured within the studio.
Participants who do not wish to appear in photos or videos must notify EDGE CYCLE staff prior to class. EDGE CYCLE cannot guarantee exclusion from incidental appearances.
11. GOVERNING LAW AND VENUE (CALIFORNIA)
This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any legal action shall be brought exclusively in a court of competent jurisdiction located within California.
12. ACKNOWLEDGMENT AND EXECUTION
Participant acknowledges that they have read this Agreement in its entirety, understand its terms, and voluntarily agree to be bound by it. Participant understands that this Agreement is legally binding and that they are waiving substantial legal rights.