Terms | Paceline

Terms

Paceline EPG General Terms and Conditions

General Waiver

By checking the box to signify agreement with the PACELINE EPG Terms and Conditions and/or by attending classes or otherwise participating in Studio activities, I, the Purchaser, expressly agree to forever discharge, waive and release Paleo Paw Food Company, Inc. DBA Paceline EPG 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 bikes, locker rooms, or other equipment). I further agrees, to the fullest extent permitted by Colorado 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 my use of the Studio’s classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment.) .

Introduction

Welcome to www.pacelinecolorado.com (the “Site”). The Site is provided as a means for visitors and Members (users who pay for the classes, access to the gym and memberships). The gym (the “Studio”) is the location where all group training classes, private classes and individual training will occur. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”). These Terms and Conditions are the provisions and terms of service for Paleo Paw Food Company, Inc. DBA Paceline Elite Performane Gym or Paceline EPG. Paceline EPG’s Terms and Conditions were developed to ensure that our customers are using our facility and services with due regard to their rights and the rights of other users, and in conformity with Paceline EPG’s standard and current procedures, rules, regulations and requirements.

YOU UNDERSTAND THAT BY USING THE SITE, CONTENT OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE.  IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR CONTENT.

If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business.  In that event, “you” and “your” will refer and apply to that business.

All customers and visitors to www.pacelinecolorado.com (the “website”) are subject to Paleo Paw Food Company, Inc’s. (“Paceline EPG’s”) Terms and Conditions as expressed below. We (Paleo Paw Food Company, Inc DBA Paceline EPG or the “Company”) reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you any of the Site. By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, please do not use this website.

Personal Information and Communications

Web communications are a highly regulated and monitored activity by government agencies in many countries.  By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.  If you do not agree, do not use this Website. This statement is designed to inform you of basic general legal positions and liabilities relating to your use of this site, your use of the training, exercise and fitness services, and for you to attest to the fact that you, not the company, will be responsible for your own actions.

It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please remember to sign off when finished using a shared computer. We work to protect the security and confidentiality of your information during transmission by using the secure Zenplanner software.

Paceline EPG reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at their discretion. When you visit Paceline EPG or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Minors

Persons under the age of 18, may not register and use the Paceline EPG website. Paceline EPG does not accept the online registration of minors; please do not attempt to register on our website if you are under the age of 18. Paceline EPG does not allow minors, under the age of 18 to participate in group training classes nor to utilize the Paceline EPG gym equipment.

All children under 18 years of age must be accompanied by a parent/guardian at all times within the Studio. Children under age 18 are not permitted in any Studio facility without the express permission of Studio management. We do not allow unaccompanied minors to be left in the lobby during class. No exceptions.

Participation risk

You shall not use Paleo Paw Food Company, Inc. DBA Paceline EPG’s facilities, services or equipment in such a way as to endanger the health or safety of you or others. You shall be responsible for any property damage or personal injury caused by you or your guests.

Prior to participating in any training program or exercise program, you should seek the advice of your physician or other qualified health professional. You agree that Paleo Paw Food Company, Inc. DBA Paceline EPG assumes no risk or liability for your participation in the activities and you participate at your sole discretion and risk. By attending classes at the studio you acknowledge that your 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, 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

Paceline Elite Performance Gym 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 Purchaser. Only licensed medical professionals are qualified to give medical advice. By using this website, you acknowledge that none of the content presented on this website is medical advice.

Proprietary Rights

Paleo Paw Food Company, Inc. DBA Paceline EPG, owns all legal rights, title, and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of Paceline EPG’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Mailer/Newsletter Subscription

By agreeing to these Terms of Service, you agree to be added to our email newsletter list. You can opt-out at any time by contacting us and requesting to be removed from the mailing list.

Release of Liability Agreement

Before you can begin using any services or facilities of Paleo Paw Food Company, Inc. DBA Paceline EPG, you are required to sign the Release of Liability Agreement online, or in person at the Studio. By signing the Release of Liability Agreement you will waive certain rights, including the right to sue, so please read it carefully and discuss with your attorney or advisors before signing.

Dispute Resolution

Paceline Elite Performance gym is mindful of the potentially high costs of litigation. As a result, both you and Paleo Paw Food Company, Inc. agree to the following dispute resolution procedure in the event of a disagreement, dispute or any other grievance: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site or in the Studio, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Paleo Paw Food Company, Inc. or to you at: your last-used billing address or the billing and/or shipping address in your online profile.

If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue for non-binding mediation in Colorado. Both you and Paleo Paw Food Company, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Paceline Elite Performance Gym Terms of Service

Terms & Conditions of Purchase and Studio Use

These Terms & Conditions of Purchase and Use apply to everybody who purchases any type of class, series of classes or membership (“Purchaser”) from Paceline Elite Performance Gym and/or attends classes (group and private) within the Studio.

Section 1: Charges

All class cards and/or memerbership fees must be paid in full by the time the class begins.

Unused classes may only be used for a different class. No cash will be refunded for unused or returned classes.

Class cards or memerbships CAN NEVER be shared between clients or family members. 

If a client’s credit card is rejected for class, membership or merchandise purchase, the Purchaser is required to update their credit card/billing information prior to being granted access to the gym and any classes.

In order to make a booking, you must first own a Membership or Class Card (series of classes) or single class entry. You can purchase a Membership or Class Card through the Site or in the Studio.

Class Cards have an expiry date and future Class Card prices are subject to change. We accept Mastercard, Visa, check and cash for your purchase of a Membership or a Class Card. You can reserve classes up to 4 weeks in advance.

Your credit/debit card will be charged for your order when you submit your reservation. Paceline EPG will not process reservation charges that use an incorrect, expired or over-the-limit credit card and should your charges be declied, your class booking will not be confirmed. 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 will be suspended until your outstanding fees or charges are settled in full. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Paceline EPG may incur in its efforts to collect any unpaid balances from you.

Section 2: Classes and reservations

All Paceline EPG clients must have an online account with a valid e-mail address, billing information and phone number to register and book for classes. Registration for classes may be done online, over the phone, or in-person at the Studio.

If the class you want to book for is full, you can add yourself to the waitlist. As Wattbikes/spaces are cancelled, the list moves up automatically and moves the next person into the class that was cancelled. A notification email will be sent immediately and you will be automatically added to that class. If you do not attend the class after being automatically added from the waitlist, you will be charged a penalty fee.

If you sign up for the the waitlist, it is the same as signing up for a class. The same cancellation policy applies. The exception to this is that if you move off the waitlist less then 30 minutes prior to a class starting and cannot make it, contact us and you will be early cancelled without a penalty fee applying.

The waitlist will accommodate 4 people. If the waitlist is full, you will be asked to keep checking for availability or to choose another class time. We cannot add clients to the waitlist once it is full.

If you arrive late to your scheduled class, your reserved spot in that class may be given to a standby member within 3 minutes prior to the start of class.  We request all participants arrive 10 minutes prior to the start of their scheduled class so that class can begin on time. If you are running late and would like your spot for the class held you MUST CALL the studio and we will hold your spot for 5 minutes after the start of class time.

Revocation of Classes: The Studio (in its sole discretion) may revoke Purchaser’s class, class series or class credits, at any time and without refund, in the event that 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 Purchaser to leave for the day if, in the Studio’s reasonable judgment, Purchaser poses a health or safety risk to Purchaser or others, or is disturbing or likely to disturb other participants or staff.

Section 3: Cancellations

In order to remove yourself from a Paceline EPG class, you must cancel your reservation at least 2 hours before the start of your scheduled class. All Saturday class reservations must be cancelled by 8pm the night before to avoid a late cancel charge or a lost class. Once you cancel a class, if it is within the 2 hour cancellation window, the class is returned to your Class Card to be used at a future date.

In order to best accommodate our limited space and waitlist members, there are no exceptions to this policy including snow, sudden illness, etc.  The policy is in place to encourage members to cancel as early as possible to allow time for the spot to be filled by another member.  

You are only able to cancel your reservation online at www.pacelinecolorado.com or via email ([email protected]) or on your Zenplanner App or by contacting the studio telephonically: 888-888-888 and leaving a time-stamped voicemail.

If you do not show up, cancel your class, or contact us within the appropriate amount of time, you will be charged a $10 penalty fee and lose the class.

If you have a confirmed bike for one class and get into another from the waitlist within the late cancel period, you will be charged for both spots – we are unable to accommodate switching between classes.

Early cancels are not refunded - the class is put back into your account for a future use.

Membership Cancellation: Month-to-Month members are required to commit to a two month minimum but may cancel at anytime with 30 day written notice thereafter. Bi-annual memberships extend for 6 consecutive months and cannot be canceled within this time period. Annual Memberships extend for 12 consecutive months and cannot be canceled within this time period. Paceline EPG is unable to offer refunds, extensions, transfer or exceptions.  Payments: The monthly membership fees will be charged approximately on the same day of the month that the original purchase was made and will run on a auto-debit system. By signing up for a membership you agree to have your account auto-debited to pay for your membership fees.

Class Card Cancellations: 6-Class Cards expire after 1 month. 12-Class Cards expire after 3 months. Paceline EPG is unable to offer refunds, extensions, transfers or exceptions of Class Cards purchased.

Section 4: General Provisions

The Purchaser shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.

Lockers are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker overnight.

Pets and bicycles are not permitted in the Studio.

Proper athletic attire is required. Participants are required to remain fully clothed at all times when inside the Studio. 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 Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.

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.

Loss of Property. Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).

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 State of Colorado, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Boulder County, Colorado 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.

Release of Liability Agreement

Acknowledgment of Risk and Waiver of Liability Agreement

By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, I warrant that I am (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 my health; (ii) have no medical or physical conditions that would preclude me from 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) have 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.

I further agree to hold harmless Paleo Paw Food Company, Inc. DBA Paceline EPG, its staff, coaches, sponsors, partners or representatives from liability for any losses, damages or injuries that may occur or I may incur in any way as a result of these activities or facility uses – regardless of cause.

I further certify that I am properly prepared to engage in any activities I have selected and that I have recently consulted a physician to establish that it is safe and appropriate for me to engage in physical activities.

I agree to discuss my return to physical activity with my medical physician if I am recovering from an injury or illness and I agree to inform Paceline EPG of my injury or illness prior to enrolling/participating.

I understand the risk of injury from Studio activities and using any Studio equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown when I partake in group training classes at Paceline Elite Performance Gym. I acknowledge also that if I use the Studio without the supervision of a coach I also assume all risks associated with using exercise equipment and other products and machines inside of the Paceline EPG Studio.

I understand that Paleo Paw Food Company, Inc. DBA Paceline EPG is independently owned and operated . I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Paleo Paw Food Company, Inc. and its affiliates, INCLUDING THE OWNERS OF ALL GYMS, as well as all sponsors and advertisers, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment products and machines or the facilities of the Studio, or any indoor or outdoor exercise program offered at or by the Studio, or any incident that is otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable Colorado law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall to my heirs, assigns, personal representatives and any other next of kin . I hereby acknowledge that this facility is under 24-hour recorded video surveillance, which may be retained by the Studio for subsequent review.

Links & Third Party Sites

Paceline EPG makes no representations whatsoever about any other website which you may access through this one. When you access a non-Paceline EPG website, even one that may contain the Paceline EPG logo, please understand that it is independent from Paceline EPG, and that Paceline EPG has no control over the content on that website. In addition, a link to a non-Paceline EPG website does not mean that Paceline EPG endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

Intellectual Property Rights of Paceline EPG and the Paceline EPG Logo are the registered service marks, trademarks, and/or trade dress of Paceline EPG and may not be used by you for any reason other than as expressly permitted by this Agreement. All website content, designs, text and graphics; the collection, selection, and arrangement thereof; and all integrated software are the property of, or duly licensed to, Paceline EPG. You have the right to view, electronically copy, and print in hard copy portions of this website for the sole purpose of making class reservations or other person use. Any other use of materials on this website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Epic Ryde is strictly prohibited. You acknowledge that Epic Ryde and/or third-party content providers remain the owners of all website material 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.

Disclaimer

IN NO EVENT WILL PACELINE ELITE PERFORMANCE GYM BE LIABLE TO YOUR PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT OR OTHER EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY PACELINE ELITE PERFORMANCE GYM ON AN “AS IS” BASIS ONLY. PACELINE ELITE PERFORMANCE GYM PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. 

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