Spinfinite Terms & Conditions

Participant Waiver and Terms & Conditions

PARTICPANT WAIVER

Risk of Use

Medical Recommendations. The member is strongly advised to consult with their physician or to have a physical examination before using any of Spinfinite Indoor Cycling’s facilities or enrolling/participating in any of the Spinfinite Indoor Cycling’s classes, especially if the member is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise. All members are required to complete a PAR-Q form and if it is determined that medical authorization is required a PAR-MedX or PAR-MedX for Pregnancy form may be requested before participation in any classes or using the facility. By enrolling/participating in any of Spinfinite Indoor Cycling’s classes, or otherwise using any of Spinfinite Indoor Cycling’s facilities, the member represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to the member’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Spinfinite Indoor Cycling’s classes or use of Spinfinite Indoor Cycling’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of Spinfinite Indoor Cycling’s classes, or using Spinfinite Indoor Cycling’s facilities.
The member acknowledges that their participation in the Spinfinite Indoor Cycling classes and use of Spinfinite Indoor Cycling facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of Spinfinite Indoor Cycling’s classes, or otherwise using any of the Spinfinite Indoor Cycling’s facilities, the member WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. Spinfinite Indoor Cycling cannot, and does not, guarantee that any facility, class, or equipment is free of risk of any and all accidents or injuries of any kind (including death).

Conduct

Spinfinite Indoor Cycling is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Spinfinite Indoor Cycling has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior or against company policies and procedures.

Damages

Members shall pay for any damages to Spinfinite Indoor Cycling property which results from the willful or negligent conduct of the member, member’s guest, or dependent children.

Rules and/or Regulations

Members who do not observe Spinfinite Indoor Cycling’s rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership of anyone who refuses to observe any of Spinfinite Indoor Cycling’s rules or regulations. Not all rules and regulations are listed in this agreement. Spinfinite Indoor Cycling reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Spinfinite Indoor Cycling.

Lost Articles

Spinfinite Indoor Cycling assumes no responsibility for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, change rooms, or anywhere else in the facility. Lost and found articles not claimed after thirty [30] days will be donated to charity or thrown away. As the purchaser, I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

Smoking, Alcohol, Food and Drink

No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises. Alcohol may be on premise when a provincial liquor license has been purchased for a special event.

Supervision of Children/Youth

Members must be sixteen [16] years of age or older unless supervised by a parent or legal guardian at all times or enrolled in our Youth Programming.
Guests/Visitors under the age of fifteen [15] must be supervised by a parent, legal guardian or legally responsible adult at all times.
Children between ten [10] and fifteen [15] may participate on a case-by-case basis in regular classes if the parent or legal guardian has signed a waiver. Spinfinite Indoor Cycling will be the sole determiner if a child between the ages of ten [10] and fifteen [15] years of age may participate in regular classes. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, ability to follow instructions, and/or a determination that regular classes will allow for greater progress and development.
Youth’s Programs – Children enrolled in our Youth Programs will be supervised by Spinfinite Indoor Cycling staff. Children are to be dropped off no earlier than ten [10] minutes prior to the scheduled class and picked up no later than ten [10] minutes after the scheduled class. Up to three [3] warnings will be given to parents or legal guardians dropping children off or picking children up outside of the ten [10] minute window. After three [3] warnings have been given a child may be asked to not return and no refund will be provided.

Miscellaneous

This agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this agreement. The provisions of this may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties.
The member has read, and fully agrees to the term of this agreement and understands and agrees that by signing this agreement (which contains a waiver, release, and assumption of risks) the member has given up considerable future legal rights. The member has signed this agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to them. The member certifies and warrants that they are eighteen [18] years of age or older and mentally competent to enter into this agreement.
If any portion of this agreement is deemed illegal, void, or unenforceable, then the remaining agreement shall remain in effect.

Use of Photography and/or Video Recordings

Spinfinite Indoor Cycling Inc. may use any photography/video taken at Spinfinite Indoor Cycling Inc., without the expressed written permission of those included within the photograph/video. Spinfinite Indoor Cycling Inc. may use the photograph/video in publications or other media material produced, used or contracted by Spinfinite Indoor Cycling Inc. including but not limited to: invitations, magazines, newspapers, brochures, television, social media, websites, etc. A person attending a Spinfinite Indoor Cycling Inc. event who does not wish to have their image recorded should make their wishes known to Spinfinite Indoor Cycling Inc. at 98 Mcleod Ave #10 Spruce Grove Alberta T7X1R2. By participating in Spinfinite Indoor Cycling Inc. or by failing to notify Spinfinite Indoor Cycling Inc., in writing, your desire to not have your photograph used by Spinfinite Indoor Cycling Inc., you are agreeing to release, defend, hold harmless and indemnify Spinfinite Indoor Cycling Inc. from any and all claims involving the use of your picture.

TERMS AND CONDITIONS

Spinfinite Indoor Cycling Inc.

Terms & Conditions of Purchase

These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of classes or package of classes (“purchaser”and/or “member”).

Section 1: Fees and Payments

Purchaser’s Obligation. The purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of the purchaser’s failure to use the facilities/studio of Spinfinte Indoor Cycling Inc. (“the studio”).
Form of Payment. All payments (including per class payments) are payable by electronic funds transfer from the purchaser’s credit card account or debit card account, or by cash (exact change). For unlimited memberships the studio will set up monthly preauthorized withdrawals from the purchaser’s bank account. The purchaser must authorize payments to be made through a third party administered electronic funds transfer system. The purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have the purchaser’s prior authorization and when a purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail transactions either on the studio’s website, app or in the studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
Cancellation of an unlimited membership. A purchaser may cancel their membership at any time with at least a fourteen [14] day notice. Please remember partial months are not permitted. If a member cancels on or after the fourteen [14] day timeframe, then a payment will still be due the following month. A cancellation fee will be charged in the amount of twenty-five [25] dollars for each month remaining in the contract. For month-to-month memberships, if the membership is cancelled on or after the fourteen [14] day timeframe a twenty-five [25] dollar cancellation fee will be charged to the client or the client can pay the full membership amount for the following month. Spinfinite Indoor Cycling Inc. will not prorate a cancelled membership. Those that paid six [6] or more months in advance will be refunded at the amount remaining in full month amounts rounded down to the nearest month. (Example: member paid 12 months in advance and 5.5 months in the member decides to cancel the term membership. There is a 14-day cancellation policy so that would take the member to 6 months of their membership. Since partial months are not permitted that would be rounded to 6 months. Therefore 6 months would be eligible for a refund less the $25 per month remaining contract cancellation fee).The purchaser may cancel their membership without penalty or further obligation to pay in the following circumstances: If upon proof of address change, they have moved residence more than thirty [30] kilometers away from a Spinfinite Indoor Cycling Inc. studio location; or If upon receipt of a doctor’s note, the purchaser cannot physically or medically participate in the classes offered by Spinfinite Indoor Cycling Inc. due to physical or medical disability for a period in excess of six [6] months. Prior to the expiration of the six [6] month period from the commencement of the illness or disability, the purchaser may transfer their membership to an immediate family member (parent, sibling, spouse, or child) or friend upon the prior written approval of the studio manager; however, such request must be accompanied by a doctor’s note.
Expiration dates. All punch cards and memberships have an expire date from the first date of use. The five [5] card punch pass expires three [3] months after first date of use, and the ten [10] card punch pass expires six [6] months after first date of use. One-year memberships expire twelve [12] months after the date of purchase, and month to month memberships expire one [1] month after date of purchase. One-year memberships do not automatically renew. Month to month and Class pass memberships automatically renew, unless the purchaser advises to have the membership cancelled as per cancellation policy (Section 1 C).
Returned Payment Penalty. The purchaser will automatically be charged any bank fee imposed on the studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the studio retains the right to collect the current and past due balances in any subsequent month.
Disputed Charge Penalty. In the event that a purchaser initiates a credit card dispute that is subsequently resolved in the studio’s favor, the studio shall have the right to charge the purchaser up to $50 per occurrence.
Waitlist procedure. There are several spots on our waitlist all of which are first come first served. If a spot becomes available in the class, the member will automatically be placed in the class and will receive an email noting this from Spinfinite Indoor Cycling Inc. up to one [1] hour prior to the class start time. If the member is on the waitlist but cannot make the class, the member is responsible for removing themselves from the class if placed into it. This can be done either on the studio's website www.spinfinite.ca, or by calling the studio at the phone number specified on the studio's website. It is the members responsibility to check their email if they have been wait-listed to avoid a no-show/ late cancellation class charge. If the member fails to remove themselves from the waitlist they will be charged a no-show/ late cancellation class charge of five dollars [$5].
Cancellation of Classes. The purchaser may cancel their reservation (either on the studio's website www.spinfinite.ca, or by calling the studio at the phone number specified on the studio's website) no later than two [2] hours prior to the reserved class in order to retain the full class credit. Class reservations not cancelled prior to that time will not be eligible for a full refund, and will receive a class credit of the amount paid minus the cancellation/no-show fee of five dollars [$5]. Please note that for unlimited memberships, a cancellation/no-show fee, in the amount of five dollars [$5], will be charged to the members account on file and must be paid before the member registers for the members next class.
Refund of a class pass, punch pass, 1 week trial membership or drop in. All class passes, punch passes, trial memberships and drop ins are final sale.

Section 2: Classes

Revocation of Classes. The studio (in its sole discretion) may revoke the purchaser’s class, class series or class credits, at any time and without refund, in the event that the purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The studio also reserves the right to require the purchaser to leave for the day if, in the studio’s reasonable judgment, the purchaser poses a health or safety risk to the purchaser or others, or is disturbing or likely to disturb other participants or staff.
Use Privileges. The purchaser must abide by the individual rules of the studio. Additionally, the studio (in its sole discretion) reserves the right to revoke or suspend the purchaser’s class, class series or class credits if the purchaser has purchased a class, class series or class packages, and allows persons other than the purchaser to use the purchaser’s account to book and/or attend classes.

Section 3: Purchaser Risk

Medical Recommendations. The purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the studio’s facilities or enrolling in any of the studio’s classes, especially if the purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise. All participants are required to complete a PAR-Q form and if determined to require medical authorization a PAR-MedX or PAR-MedX for Pregnancy before participation in any classes. By enrolling or participating in any of the studio’s classes, or otherwise using any of the studio’s facilities, the purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to the purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the studio’s classes or use of the studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the studio’s classes, or using the studio’s facilities.

Orientation. The purchaser is strongly encouraged to arrive early prior to their first class as well as request ongoing support available at the studio to ensure the proper and safe use of all of the studio’s equipment.
Valuables, Theft and Damage. Spinfinite Indoor Cycling Inc. strongly suggests to avoid bringing valuables into the studio. Spinfinite Indoor Cycling Inc. shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, change rooms, or anywhere else in the studio. As the purchaser, I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables
Purchaser Conduct. The purchaser shall not use any studio facility, service or equipment in such a way as to endanger the health or safety of the purchaser or others. The purchaser shall be responsible for any property damage or personal injury caused by the purchaser and/or his or her guests. The purchaser agrees not to violate any laws while in any studio facility and agrees further to abide by all of the studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the studio.
Purchaser Assumption of Risk. The purchaser acknowledges that his or her participation in the studio’s classes and use of the studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the studio’s classes, or otherwise using any of the studio’s facilities, THE PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
Medical Disclaimer. The purchaser has been informed and acknowledges that the studio makes no claims as to medical or fitness results that can or may be obtained through use of the studio’s facilities, equipment or services. The studio has neither suggested nor will suggest any medical treatment to the purchaser. Only licensed medical professionals are qualified to give medical advice.
Purchaser Waiver, Release and Indemnity. By completing and signing this agreement digitally it will signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in studio activities, the purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release Spinfinite Indoor Cycling Inc. and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any of the indoor cycles, change rooms, or other equipment). The purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the studio’s classes, services and facilities (including, without limitation, any of the indoor cycles, locker rooms, or other equipment.) Additionally, the purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of the studio and associated activities.
Prevailing Party. In the event the purchaser commences an action against the studio or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in the purchaser’s favor, the purchaser shall be liable to the studio for all costs and expenses associated with the studio’s defense of the action or any claims on which the purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
Costs of Collection. The purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with the studio’s (or studio’s designee’s) collection of any amounts owed by the purchaser.

Section 4: General Provisions

Purchaser and Guests Rules. The purchaser and his or her guests shall abide by the studio’s rules and regulations and any amendments and/or modifications thereto.
Lockers. Lockers are provided solely for the benefit and convenience of the purchaser. The studio will remove any articles left in a locker overnight.
Pets and Bicycles. Pets and bicycles are not permitted in the studio.
Dress Code. Proper athletic attire and indoor athletic shoes is required. The studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
Independent Contractors. From time to time, the studio may make the services of independent contractors available to the purchaser and his or her guests. The studio does not warrant or guarantee the quality of these services.
Guest Rules. Guests are permitted in the studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the studio’s standard release agreement.
Special Events. The studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the studio’s discretion.
Children’s Use. All children under sixteen [16] years of age must be accompanied by a parent/legal guardian at all times within the studio unless they are in a supervised activity. Children under eighteen [18] years of age, the studio’s waiver must be co-signed by a parent/legal guardian. Children under twelve [12] years of age, the studio’s waiver must be co-signed by a parent/legal guardian, and the parent/guardian or responsible adult for the child also must remain on-site during the class being participated in. Children between ten [10] and twelve [12] may participate on a case-by-case basis in regular classes if the parent or legal guardian has signed a waiver. Spinfinite Indoor Cycling will be the sole determiner if a child between the ages of ten [10] and twelve [12] years of age may participate in regular classes. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, ability to follow instructions, and/or a determination that regular classes will allow for greater progress and development.

Section 5: Miscellaneous

Non-Discrimination. The studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the studio.
Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the Province of Alberta, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and provincial courts sitting in Spruce Grove, Alberta for any actions, suits or proceedings arising out of or relating to this agreement.
Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the studio.

Website/Internet Agreement between the Member and Spinfinite Indoor Cycling Inc.

Welcome to the Spinfinite Indoor Cycling Inc. website, www.spinfinite.ca (the “Site”). The Site is comprised of various web pages operated by Spinfinite Indoor Cycling Inc. and is offered to the member conditioned on his or her acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). The members use of the Site constitutes his or her agreement to all such Terms and Spinfinite Indoor Cycling Inc.'s Privacy Policy, found below under the section labeled "Privacy Policy." This agreement sets forth the legally binding terms for the members use of the site. If the member does not agree with all of the provision of this agreement, do not access and/or use the Site.

Member Account

To access certain features of this Site, the member may have to create an account. The member is responsible for maintaining the confidentiality of his or her account, username, and password and for restricting access to their account, and the member agrees to accept responsibility for all activities that occur under his or her account. The member is limited to only one account. The member may not assign or otherwise transfer his or her account to any other person or entity. The member acknowledges that Spinfinite Indoor Cycling Inc. is not responsible for third party access to his or her account that results from theft or misappropriation of the members account. The member must notify Spinfinite Indoor Cycling Inc. immediately of any breach of security or unauthorized use of his or her account. Spinfinite Indoor Cycling Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

Any creation of an account by, use of, or access to the Site by anyone under ten [10] is unauthorized, unlicensed and in violation of these Terms. By using the Site the member represents and warrants that the member is at least ten [10] years of age and that the member agrees to abide by all of the Terms. Anyone between the ages of ten [10] and seventeen [17] may use the Site and create an account only with permission of a parent or legal guardian.

Cancellation / Refund Policy

Reserved bikes may be cancelled up until 2 hours prior to the scheduled class without penalty. Bikes can be cancelled by logging onto the members account or calling the studio. Bikes not cancelled before 2 hours prior to the scheduled class will result in a five dollar [$5] cancellation/no-show fee.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Spinfinite Indoor Cycling Inc., and Spinfinite Indoor Cycling Inc. 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. Spinfinite Indoor Cycling Inc. is providing these links to the member only as a convenience, and the inclusion of any link does not imply endorsement by Spinfinite Indoor Cycling Inc. of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.spinfinite.ca domain, the member hereby acknowledge and consent that Spinfinite Indoor Cycling Inc. may share such information and data with any third party with whom Spinfinite Indoor Cycling Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of www.spinfinite.ca users and customers.

Mobile Services

The Site may include certain services that may be available via the members mobile phone, including but not limited to (i) the ability to book and/or purchase services via the members mobile phone, (ii) the ability to browse the Site from the members mobile phone and (the “Mobile Services”). The members normal messaging, data and other rates and fees will apply from the members carrier.

No Unlawful or Prohibited Use / Intellectual Property

The member is granted a non-exclusive, non-transferable, revocable license to access and use www.spinfinite.ca strictly in accordance with these terms of use. As a condition of the members use of the Site, the member warrants to Spinfinite Indoor Cycling Inc. that he or she will not use the Site for any purpose that is unlawful or prohibited by these Terms. The member may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Spinfinite Indoor Cycling Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The member agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

The member will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Spinfinite Indoor Cycling Inc. content is not for resale. The member's use of the Site does not entitle the member to make any unauthorized use of any protected content, and in particular, the member will not delete or alter any proprietary rights or attribution notices in any content. The member will use protected content solely for his or her personal use, and will make no other use of the content without the express written permission of Spinfinite Indoor Cycling Inc. and the copyright owner. The member agrees that he or she does not acquire any ownership rights in any protected content. Spinfinite Indoor Cycling Inc. does not grant the member any licenses, express or implied, to the intellectual property of Spinfinite Indoor Cycling Inc. or our licensors except as expressly authorized by these Terms.

Third-Party Accounts

The member will be able to connect his or her Spinfinite Indoor Cycling Inc. account to third party accounts. By connecting the members Spinfinite Indoor Cycling Inc. account to his or her third party account, the member acknowledges and agrees that he or she is consenting to the continuous release of information about the member to others (in accordance with the members privacy settings on those third party sites). If the member does not want information about them to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Spinfinite Indoor Cycling Inc. from our offices within Canada. If the member accesses the Service from a location outside of Canada, the member is responsible for compliance with all local laws. The member agrees that he or she will not use the Spinfinite Indoor Cycling Inc. content accessed through www.spinfinite.ca in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

The member agrees to indemnify, defend and hold harmless Spinfinite Indoor Cycling Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of the members use of or inability to use the Site or services, any user postings made by the member, the members violation of any terms of this Agreement or the members violation of any rights of a third party, or the members violation of any applicable laws, rules or regulations. Spinfinite Indoor Cycling Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the member, in which event the member will fully cooperate with Spinfinite Indoor Cycling Inc. in asserting any available defenses.

Account Termination / Access Restriction

Spinfinite Indoor Cycling Inc. reserves the right, in its sole discretion, to terminate the members access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Alberta and the member hereby consents to the exclusive jurisdiction and venue of courts in Spruce Grove, AB in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

The member agrees that no joint venture, partnership, employment, or agency relationship exists between the member and Spinfinite Indoor Cycling Inc. as a result of this agreement or use of the Site. Spinfinite Indoor Cycling Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Spinfinite Indoor Cycling Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to the members use of the Site or information provided to or gathered by Spinfinite Indoor Cycling Inc. 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 Spinfinite Indoor Cycling Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spinfinite Indoor Cycling Inc. with respect to the 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 and 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 written in English.

Changes to Terms

Spinfinite Indoor Cycling Inc. reserves the right, in its sole discretion, to change the Terms under which www.spinfinite.ca is offered. The most current version of the Terms will supersede all previous versions. Spinfinite Indoor Cycling Inc. encourages the member to periodically review the Terms to stay informed of our updates.

Spinfinite Indoor Cycling Inc. welcomes the members questions or comments regarding the Terms at info@spinfinite.ca.