This policy governs your use of the M/Body Website (the “Website”) and the MindBody Mobile Application (the “App”). The Website and the App are designed to allow users to make class/series purchases, register for classes, book bikes, buy merchandise, and communicate with M/Body.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with M/Body via email, you are communicating electronically. You consent to receive communications from M/Body electronically. M/Body will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that M/Body provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
M/Body does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to M/Body. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by M/Body must be voluntarily submitted by the user.
M/Body may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows M/Body to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
M/Body makes every effort to ensure that all of the transactions that occur on the Website and App are secure. We are concerned about safeguarding the confidentiality of your information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the SoulCycle website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard and Visa. Cash payments may only be made in a SoulCycle studio. You can reserve classes online up to 1 week in advance (Monday through the following Monday), but not later than 1 hour prior to class time. Deadlines apply regardless of available functionality.
Your credit/debit card will be charged for your order when you submit your reservation. M/Body will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that M/Body may incur in its efforts to collect any unpaid balances from you.
In order to cancel a class reserved and return it to your account, you must unreserve at least 12 hours prior to the class. Once that class is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled your class with minimum 12 hours notice, your scheduled class will be charged to your series.
You can cancel your reservation in the following ways:
1) Log into your account and, next to the class you wish to cancel, press “unreserve.”
2) Call the studio where you’re booked to cancel the class for you.
Please note, in fairness to all our customers, CLASS SPACE WILL BE RELEASED 5 MINUTES AFTER CLASS BEGINS.
WHEN RUNNING LATE: We ask that you call M/Body to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins.
WHEN LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of FM Fitness LLC and its subsidiaries (collectively, “M/Body”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in all forms of exercise.. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the M/Body staff, you would be at physical risk participating in M/Body Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish M/Body with an opinion letter from your medical doctor, at your sole cost and expense. 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, (2) release, indemnify, and hold harmless M/Body, 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 M/Body’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 M/Body’s Classes and Facilities, and should not be participating in any Classes.
LINKS/THIRD PARTY WEBSITES
M/Body has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the M/Body logo, please understand that it is independent from M/Body, and that M/Body has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with M/Body.
INTELLECTUAL PROPERTY RIGHTS
The trademarks of M/Body are proprietary to M/Body and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, M/Body. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of M/Body, is strictly prohibited.
You acknowledge that M/Body and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. M/Body may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will M/Body be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if M/Body expressly advised of the possibility of such damage.
All information is provided by M/Body on an “as is” basis only. M/Body provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website, App, and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in M/Body’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes.