Disclaimer & Terms of Use

Cadence Live Spinning Disclaimer[1]

by SEQ Legal

(1)       Introduction

This disclaimer governs our spinning sessions.  We will ask you to sign this disclaimer before taking part in any spinning session.

You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our spinning sessions.

 

(2)       Credit

This disclaimer was created using an SEQ Legal template.

(3)       Health and medical conditions

You acknowledge and represent that:

  • to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]
  • your doctor has approved your participation in our spinning sessions.

You must inform us, as soon as possible, if:

  • you suffer from any [new] injury, illness or other medical condition;
  • you feel any pain or discomfort during a spinning session; or
  • you feel that any exercise included in a spinning session would be unsafe or uncomfortable for you.

We may in our sole discretion prohibit you from participating in an spinning session; and you must comply with all of our instructions in relation to our spinning sessions.

(4)       No representations or warranties

To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our spinning sessions.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

  • that you will not suffer from any injury arising directly our indirectly out of our spinning sessions;
  • that your fitness will measurably improve as a result of participation in our spinning sessions; or
  • that the spinning sessions will continue to run for any specific period.

(5)       Limitations and exclusions of liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our spinning sessions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our spinning sessions.  Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a spinning session.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(6)       Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(7)       Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

(8)       Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our spinning sessions will be subject to the exclusive jurisdiction of the courts of England and Wales.

(9)       Our details

In this disclaimer, “we” means (and “us” and “our” refer to) Cadence Live.

(10)     Instructors

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.

[1]   This disclaimer has been created for use in relation to spinning sessions.

This is not a complete set of terms and conditions in relation to the provision of spinning sessions.  It is concerned exclusively with the disclaiming of liability in relation to spinning sessions.

Disclaimers are regulated by law. The regulation of disclaimers is relatively complex, and the terms of a disclaimer may not be enforceable in particular circumstances.

The use of the disclaimer will not affect your mandatory obligations under health and safety law.

The disclaimer has been drafted from the perspective of English law.  It should be amended as appropriate by a lawyer before use in relation to another jurisdiction.

If you have any doubts about the use of this disclaimer, you should take professional legal advice.

 

Web Site Terms and Conditions of Use

 

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

 

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on Cadence UK’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Cadence UK’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cadence UK at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Cadence UK’s web site are provided “as is”. Cadence UK makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cadence UK does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Cadence UK or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cadence UK’s Internet site, even if Cadence UK or a Cadence UK authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

5. Revisions and Errata

The materials appearing on Cadence UK’s web site could include technical, typographical, or photographic errors. Cadence UK does not warrant that any of the materials on its web site are accurate, complete, or current. Cadence UK may make changes to the materials contained on its web site at any time without notice. Cadence UK does not, however, make any commitment to update the materials.

 

6. Links

Cadence UK has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cadence UK of the site. Use of any such linked web site is at the user’s own risk.

 

7. Site Terms of Use Modifications

Cadence UK may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

8. Governing Law

Any claim relating to Cadence UK’s web site shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.

 

General Terms and Conditions applicable to Use of a Web Site.

 

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.