Liability Waiver and Terms and Conditions: Updated 10/1/2024
SALT Cycle Studio - Assumption of Risk, Waiver of Liability, and Indemnity Agreement
1. Acknowledgment of Risks
I acknowledge that participating in indoor cycling, fitness classes, and other activities at SALT Cycle Studio involves inherent risks. These risks include, but are not limited to, physical injury, muscular strains, joint sprains, broken bones, cardiovascular issues, rhabdomyolysis (a serious condition resulting from muscle breakdown), permanent disability, paralysis, and even death. These risks may arise from my own actions, the actions of others, or the conditions of the facility, equipment, or terrain, whether indoors or outdoors.
2. Voluntary Participation
I voluntarily choose to participate in activities at SALT Cycle Studio with full knowledge of the risks involved. I understand that participating in any exercise or fitness program, including those at SALT Cycle Studio, requires a certain level of physical health and fitness. I have either received medical clearance from my physician or assume all responsibility for participating without such clearance. I further understand that I am encouraged to move at my own pace in all classes and activities, and that I should listen to my body to prevent injury or overexertion.
3. Health and Medical Condition
I certify that I am physically fit, have sufficiently prepared or trained for participation in these activities, and have not been advised by a qualified medical professional not to participate. I acknowledge that proper hydration and nutrition are important for safe participation in physical activities and agree to arrive properly hydrated and adequately nourished for all sessions. If I am pregnant, I have received permission from my physician to participate in these activities. I understand that it is my responsibility to inform SALT Cycle Studio of any physical or medical conditions that may affect my ability to participate safely.
4. Assumption of Risk
I acknowledge and willingly assume all risks associated with the activities at SALT Cycle Studio, including those associated with the use of any equipment, props, or facilities, whether supervised or unsupervised. This includes, but is not limited to:
• Risks of injury from improper use of equipment, slipping, falling, or collisions.
• Risks from participating in group classes, including exposure to high-energy activities, choreography, and pace variations.
• The risk of rhabdomyolysis, a serious condition caused by muscle breakdown, can be minimized by staying hydrated, pacing yourself during workouts, and listening to your body for signs of fatigue or discomfort.
• Potential exposure to loud music played at high volumes, which may affect hearing sensitivity.
• Potential exposure to environmental elements, including heat, humidity, and other studio conditions that may impact performance and health.
• The risk of contracting illnesses, such as COVID-19 or other contagious diseases, through participation or facility use.
5. Waiver and Release of Liability
I, on behalf of myself, my heirs, executors, administrators, assigns, and legal representatives, hereby release, waive, discharge, and hold harmless SALT Cycle Studio, its owners, employees, instructors, independent contractors, agents, affiliates, successors, and assigns from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising out of or connected to my participation in any and all activities at SALT Cycle Studio or use of the facilities, including any injury, illness, damage to property, or wrongful death, regardless of whether it results from the negligence of SALT Cycle Studio or its representatives.
6. Indemnity Agreement
I agree to indemnify and hold harmless SALT Cycle Studio and its owners, employees, agents, contractors, and affiliates from any and all liabilities or claims made by other individuals or entities as a result of my actions or participation in any activities at SALT Cycle Studio, including all costs and expenses incurred in defending such claims.
7. Age and Height Requirements
Participation at SALT Cycle is limited to individuals aged 12 or older. All minors under the age of 18 must have this waiver signed by a parent or legal guardian prior to participation. Additionally, for safety reasons, participants must be a minimum height of 4’11” (150 cm) to ensure proper bike fit and avoid injury.
Any person under 18 will not be able to ride unless the waiver is submitted prior to the scheduled visit. Click here to electronically submit a minor waiver of liability: https://forms.prd.xplorcs.com/saltcycle/waivers/under-18-waiver-of-liability-form-for-parentguardian-lDtheh.html or contact the studio info@saltcyclestudios.com for the link.
If the minor is under the age of 16, they must be accompanied by an adult during the ride. SALT Cycle is not responsible for supervising minors during the ride.
8. No Refunds or Transfer of Liability
I understand that all membership sales, class packages, and other fees are non-refundable, non-transferable, and cannot be exchanged for any reason, including but not limited to relocation, injury, illness, or other personal circumstances.
9. Equipment Usage
I acknowledge that it is my responsibility to use any and all equipment, including but not limited to bikes, weights, mats, and props, safely and as intended. I understand that improper use of equipment can lead to injury, and I take full responsibility for understanding the correct usage.
10. Studio Rules and Policies
I agree to comply with all rules, regulations, and policies of SALT Cycle Studio, including those related to attendance, dress code, behavior, and facility usage. I understand that failure to adhere to these policies may result in the suspension or termination of my membership, without refund or compensation. The STUDIO reserves the right to refuse service to anyone, at any time, for any reason.
11. Photography and Media Release
I understand that SALT Cycle Studio may occasionally photograph or video classes for promotional purposes. I grant permission for my likeness to be used in promotional materials, including but not limited to social media, websites, and advertising. If I do not authorize photography, I will notify the STUDIO at info@saltcyclestudios.com.
12. Emergency Medical Treatment
In the event of an emergency, I authorize SALT Cycle Studio to seek medical treatment on my behalf if I am unable to do so. I understand that I am responsible for any medical expenses incurred as a result of any illness or injury while participating in activities at SALT Cycle Studio.
13. Chargebacks and Disputes
I agree not to dispute any charges with my financial institution without first attempting to resolve the issue directly with SALT Cycle Studio. If I initiate a chargeback without prior notice to SALT Cycle Studio, my membership will be suspended until the matter is resolved, and I may be responsible for any fees incurred by the STUDIO as a result of the dispute.
14. Governing Law and Arbitration
This agreement shall be governed by the laws of the State of Rhode Island. Any disputes arising out of or relating to this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Rhode Island.
15. Acknowledgment and Understanding
I have read this waiver of liability and assumption of risk agreement, fully understand its terms, and sign it freely and voluntarily. I understand that I am giving up substantial rights, including the right to sue SALT Cycle Studio, and I intend this waiver to be a complete and unconditional release of liability to the greatest extent allowed by law.
SALT Cycle Studios, LLC Terms and Conditions
These Terms and Conditions (“Conditions”) apply to your use of SALT Cycle Studios, LLC (“SALT Cycle,” “we,” “us,” “our”) services, including purchasing packages or memberships, and attending classes. By accessing our Website (saltcyclestudios.com), using our services, or purchasing goods, you agree to these Conditions. Any updates to these Conditions will be posted on our Website, and it is your responsibility to review them regularly.
Studio Information
SALT Cycle Studios, LLC
300 Industrial Way, Tiverton, RI 02878
Website: saltcyclestudios.com
Email: info@saltcyclestudios.com
Glossary
• Class: Any indoor cycling class offered at SALT Cycle Studios.
• Conditions: The terms and conditions outlined in this document.
• Credits: Pre-purchased credits used for booking Classes.
• Goods: Merchandise or retail items sold at SALT Cycle.
• Services: The services provided by SALT Cycle, including Classes.
• Studio: SALT Cycle Studio.
• Facilities: All areas of SALT Cycle, including but not limited to the bike room, lobby, and locker areas.
Users of Our Classes
To attend any class at SALT Cycle, you must be at least 12 years old. If you are under 16, you must be accompanied by a parent or legal guardian for the duration of the class. Additionally, anyone under 18 must have a parent or guardian sign a waiver before attending any class at the studio.
SALT Cycle does not accept the online registration of minors without the consent of a legal guardian. If SALT Cycle becomes aware that personal information has been submitted by a minor without such consent, we reserve the right to delete that information.
• Height Requirement: Riders must be at least 4’11” to ensure safe use of our bikes.
By attending our Classes, you agree to comply with all posted Class rules and policies, which are available online and displayed at our studio. These rules pertain to our class schedules, the use of facilities, and your conduct. Instructors and Classes are subject to change, and SALT Cycle reserves the right to refuse access to our studio or terminate your use of our Services if your conduct is deemed detrimental to our reputation, violates these Conditions, or impacts other participants.
Services and Hours of Operation
SALT Cycle offers group indoor cycling classes seven days a week. Please refer to our website for a complete listing of class schedules, services, and any updates. SALT Cycle reserves the right to modify classes, instructors, services, or operating hours as needed, including holiday closures or adjustments.
Changes will be communicated through various forms, which may include text, email, social media, or updates on our website.
Payment and Membership
By purchasing a membership or package, you authorize SALT Cycle to automatically deduct payments for all purchases including but not limited to membership auto-pay, fees, and goods, from your payment method on file. Please keep your credit card on file updated.
Booking Classes
• To book a class you must have a SALT Cycle account. This can be accessed on our website or on the SALT Cycle App.
You must have available Credits or an active membership in your account.
• Credits have a 14-day booking window, while memberships have an extended 18-day booking window.
Note: Please be aware that credits expire. The expiration date may vary and is always stated prior to booking and also is shown on your SALT Cycle account.
• If a class is fully booked, you may join the waitlist. If a space becomes available, you will automatically be enrolled, and you will receive an email notification. See waitlist policy below.
• Classes are subject to availability.
SALT Cycle reserves the right to cancel a class for any reason, including but not limited to weather conditions. If SALT Cycle cancels a class, your Credit will be returned to your account for future use.
Class Cancellation Policy
To avoid being charged for a missed class, a five-hour cancellation notice is required. You can cancel a class through the SALT Cycle Website or the SALT Cycle Studio App. Emails, texts, DM’s etc will not be accepted.
• Monthly Memberships: Failure to cancel within the required window will result in a $5 late cancel fee or a $10 no-show fee plus loss of one class credit.
• Class Packages: A late cancellation or no-show will result in the loss of one class credit.
Arrival Policy
• Riders are expected to arrive 5-15 minutes before class starts.
• Bikes are released 3 minutes prior to the start of class to stand-by riders.
• If you are running late, please call the studio at 401-816-0404 to hold your bike.
• You must be on your bike by the start of class.
• No entry will be permitted after the second song has begun.
• Not every class has front desk staff, and once the class starts, the doors lock.
• Please call 401-816-0404 if you will not arrive by 5 minutes before class starts to avoid missing your class.
Studio Etiquette
• No cell phone use is allowed during class.
• Apple Watches must be set to theater mode during class.
• Respect your fellow riders and instructors by maintaining a positive and supportive environment.
• Arrive on time for class to ensure a smooth and uninterrupted session.
• Please refrain from conversation during class to maintain focus and respect the experience of others.
• Cool down is a part of your ride experience, but if you can’t stay, we kindly ask that you exit as soon as the cool down begins.
• If you need to leave class early for any reason, please inform the front desk or your instructor before class begins.
New to SALT Cycle Riders
• Please arrive 15 minutes before your first class, regardless of any previous riding experience. This allows us time to welcome you, fit you to your bike, give you a quick studio tour, and assist all other riders in attendance.
• Please note that classes are very dimly lit and and safety is our priority for all riders and staff: new clients may not be permitted into class if they arrive within 5 minutes of the class start time and will not be permitted into class once the class has started.
Waitlist Policy
• If a class is fully booked, you may join the waitlist.
• The system will automatically add you to the class if a spot becomes available, up to one hour before the start time.
• You may cancel your waitlisted reservation at any time without penalty. However, once you are added to the class roster, all cancellation policies apply.
Refund Policy
• All membership and class package sales, along with any accompanying fees, are final. No refunds will be provided.
• SALT Cycle does not allow the transfer of packages or memberships between accounts.
• In the case of accidental double purchases, please email info@saltcyclestudios.com immediately for review.
• For any accidental charges incurred by studio staff (e.g., shoes, water, no-show fees), please email the studio within 24 hours for review.
• Goods that are unworn, unwashed, and with tags attached may be exchanged or returned for studio credit within 7 days of purchase.
• In the event of a studio closure outside of SALT Cycle’s control (e.g., global pandemic or natural disaster), unused credits may be extended but will not be refunded.
What to Expect in Classes
SALT Cycle conducts high-intensity, choreographed, cardio cycling classes in a dimly lit room with black and color-changing LED lights. Temperatures in class may exceed 80°F, and the music may contain explicit language. If you are sensitive to heat, loud music, flashing lights, or explicit language, please speak to a front desk representative for alternative class options. Earplugs are available upon request.
Dress Code
SALT Cycle enforces a dress code to ensure a safe and respectful environment:
• Cycling Shoes: Proper cycling shoes are encouraged. Athletic shoes with cages are acceptable.
• Comfortable, Breathable Attire: Wear moisture-wicking activewear like leggings, shorts, tank tops, or t-shirts.
• No Loose Clothing: For safety reasons, avoid loose-fitting clothing.
• Hygiene: Please maintain personal hygiene and wear clean clothing.
SALT Cycle Studio reserves the right to refuse service based on dress code violations.
Personal Property
SALT Cycle provides secure, resettable lockers for personal belongings, but we are not responsible for any lost, stolen, or damaged items. Members are encouraged not to bring valuables into the studio.
Membership Terms
• Membership Options: We offer several membership options, including 3-month and 12-month minimum commitment memberships.
• Recurring Billing: After the minimum commitment period has been met, memberships automatically renew on a monthly basis until terminated by the client.
• Cancellation Policy: To cancel your membership, we require a 30-day notice before the next billing cycle.
• Freeze Policy:
• Membership freezes are offered in one-month intervals only, with a maximum freeze period of three months per calendar year.
• The first freeze is complimentary. Each additional month will incur a $25 fee.
• Medical freezes are available free of charge with supporting documentation.
• Freezing time does not stop your membership payments. The time of any freeze will be added to the end of your membership’s original term.
• Membership Contracts: Your membership contract will be emailed to you for your records.
• Inquiries: For any questions about your membership, please feel free to email us at info@saltcyclestudios.com.
This is a summary of our membership terms. Please refer to your contract for full terms, conditions, agreements, and policies.
Cancellation of Membership Due to Death or Disability
If, due to death or disability, you are unable to receive the services outlined in this Agreement, you or your estate, as applicable, will be relieved from the obligation of making payments for any services not yet rendered. Any prepaid amounts for unused services at the time of death or the onset of disability will be promptly refunded to you or your representative.
For the purposes of this Agreement, “disability” refers to a condition that prevents you from physically using SALT Cycle’s facilities and services, and such a condition must be verified by a physician.
You Understand and Agree That SALT Cycle Is Not Providing Health Advice
SALT Cycle offers health, wellness, fitness, exercise, and nutritional information, designed for educational purposes only. The nutritional, exercise, and other information provided is not intended to be, and does not constitute, health care or medical advice, and must not be used to make any diagnosis specific to you. We do not employ dietitians or other health care professionals, though we may collaborate with such professionals in the development of specific programs, such as dietitian-approved meal plans.
You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health care professional because of something you may have read on this site or in our programs.
SALT Cycle makes no warranty of any kind, either implied or express, that you will lose weight, build muscle, gain immunity, reduce inflammation, or receive any other health benefits from using our services. Individual results will vary. Additionally, since fitness and nutritional research is ongoing and often subject to differing opinions, we cannot guarantee that the information provided will always be up-to-date, accurate, or complete.
Your use of any information or programs provided by SALT Cycle is at your own risk.
You Understand and Agree That Physical Exercise and Movement Are Strenuous
This SALT Cycle site is intended for use only by healthy adult individuals. The site is not intended for use by minors, pregnant individuals, or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness program, weight loss program, or exercise regimen.
By using this site, you understand that physical exercise can be strenuous and may expose you to the risk of serious injury. As with any health, exercise, or fitness program, we strongly recommend obtaining a physical examination from a healthcare professional before participating in any exercise activities.
You acknowledge that your use of our site may present certain risks and voluntarily assume any and all risks associated with it, including, without limitation, the risk of physical, mental, or emotional injury, minor or severe bodily harm, death, and/or illness, arising from any means, including but not limited to acts, omissions, recommendations, or advice given by us. By using the SALT Cycle site and participating in physical exercise or training activities, you agree to do so entirely at your own risk.
We Own Our Intellectual Property
SALT Cycle Studios, LLC (“SALT Cycle”) is the exclusive owner or licensee of all content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademarks, and patent rights (the “IP”). Our content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic convention of the site.
All trademarks, trade names, copyrights, logos, and service marks, whether or not registered (collectively, the “Marks”) related to or constituting our IP are the exclusive property of SALT Cycle. The site, services, and content are protected by copyright, trademark, and other laws of the United States and other countries. Unauthorized use of any of the Marks is strictly prohibited by law. All third-party trade names, trademarks, logos, and service marks that may appear on the site are the property of their respective owners.
You do not acquire any ownership interest in the IP or the Marks by accessing, browsing, or otherwise using the site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish, or otherwise exploit, through any means or media, any of our IP or Marks. This site and all materials available on the site are the property of SALT Cycle and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The site is provided solely for your personal, non-commercial use. You may not use the site or the materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the site. You may, however, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to the site as long as the link does not state or imply any sponsorship of your site by SALT Cycle. However, you may not, without our prior written permission, frame or inline link any of the content of the site or incorporate into another website or other service any of our material, content, or intellectual property.
We may prevent unauthorized use of the site via technological means. You agree not to circumvent or attempt to circumvent these means. Any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will result, at minimum, in the termination of all your rights to our products and services under these Terms.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SALT Cycle infringe your copyright, you or your agent may send to SALT Cycle a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SALT Cycle actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SALT Cycle a counter-notice. All notices and counter notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SALT Cycle’s copyright agent for notice shall be info@saltcyclestudios.com.
Third-Party Websites
The SALT Cycle site may contain links to third-party websites. If you click these links, you will leave our site. These third parties and their websites are not under our control, and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse, or make any representations about them, their owners, or operators, nor do we assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies, which you should review carefully before entering any such websites. Our Terms and Privacy Policy do not apply to them.
You expressly release SALT Cycle from any and all liability arising from your use of any third-party website, service, or content. You specifically agree that SALT Cycle is not responsible for any loss or damage of any sort resulting from your dealings with third-party websites and/or their providers.
Credit Card Processing
Payments for our services are processed by a third party using their secure software. The third party is responsible for the processing of credit card payments and the storage of your credit card information for the SALT Cycle site.
You expressly release SALT Cycle from any and all liability arising from the third-party credit card processor’s processing and storage of your credit card information.
Our Liability Is Limited
As a user, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with the SALT Cycle site is to terminate your account and discontinue all use of the site.
Thus, except as set out below, under no circumstances, including any breach of contract, tort, negligence, strict liability, or arising under any other legal or equitable theory, will SALT Cycle Studios, LLC, its subsidiary or parent companies, or affiliates, be liable for any direct, indirect, special, exemplary, punitive, incidental, or consequential damages that arise out of or in connection with the use of or inability to use the site. This includes, without limitation, use of or reliance on information available on the site, any interruptions, errors, defects, omissions, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance, even if advised of the possibility of such damages.
You specifically acknowledge and agree that SALT Cycle is not liable for any defamatory, offensive, or illegal conduct of any user.
This site is continually under development, and SALT Cycle makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.
In no event shall the total liability of SALT Cycle to you for all damages, losses, and causes of action exceed, in the aggregate, the amount paid by you to SALT Cycle for your use of the site during the three (3) months immediately preceding your claim.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
If any particular type of damage cannot be waived or disclaimed under the law, the remainder of the disclaimer will remain valid and continue to disclaim every other form of damage that may be disclaimed under the law.
Procedure for Making Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the SALT Cycle site, including copyrights, please contact us at info@saltcyclestudios.com or by mail at SALT Cycle Studios, LLC, 300 Industrial Way, Tiverton, RI 02878.
Statute of Limitations
You and SALT Cycle agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the SALT Cycle site, or its content and/or services, Terms, and/or Privacy Policy must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.
Assignment
You agree that SALT Cycle Studios, LLC may assign any of its rights, and/or transfer, sub-contract, or delegate any of its obligations under these Terms. You may not transfer or assign your rights and obligations under these Terms to any third party without our prior written consent.
Modifications
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the SALT Cycle site at any time. Such revisions will become effective upon the earlier of (i) posting of the revisions to the site, or (ii) distribution of the revisions via electronic mail. For this reason, please visit this page regularly and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version. Your continued use of the site after the effective date of the revisions signifies your acceptance of any such revisions. You will have no claim, complaint, or demand against SALT Cycle for applying such changes or for any incidental failures related to such changes.
Indemnity
You agree to defend, indemnify, and hold harmless SALT Cycle Studios, LLC and our employees, contractors, agents, professional advisers, members, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the SALT Cycle site, including any data or content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any representations or warranties contained herein; (iii) your violation of any third-party rights, including privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; and (vi) any other party’s access and use of the SALT Cycle site and services with your unique username, password, or other appropriate security code.
You agree that SALT Cycle shall have the sole right and obligation to control the legal defense against any such claims, including the right to select counsel of our choice and to compromise or settle any such claims.
Released Parties
To the fullest extent permitted by law, you release SALT Cycle and any of our trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees, and licensors from any and all responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with: (i) disputes between users, including disputes between you and other users; (ii) third-party sites and services, including content found on such sites and services; (iii) disputes regarding any use of or action taken using your account; and (iv) claims related to unauthorized access to any data, communications, or content stored under or related to your account, including unauthorized use or alteration of such communications or content.
You further waive any benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law governing this release.
Governing Laws
You agree that the laws of the United States of America and the laws of the State of Rhode Island, without regard to any principles of conflicts of laws, will govern these Terms, your use of the SALT Cycle site, and all matters relating to your access to and use of the site, including all disputes between you and SALT Cycle.
You also agree that: (i) the SALT Cycle site shall be deemed solely based in Rhode Island; and (ii) the SALT Cycle site shall be a passive site that does not give rise to personal jurisdiction over us in any jurisdiction other than Rhode Island.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to the SALT Cycle site, our Privacy Policy, or these Terms, as well as any claim regarding the interpretation or validity of this Agreement, including the scope or applicability of this agreement to arbitrate, shall be resolved by final, binding arbitration in Providence, Rhode Island, before one arbitrator.
You and SALT Cycle waive the right to bring any claim subject to arbitration as a class action or representative action. If this provision is held unenforceable, and the matter proceeds as a class or representative action, this arbitration agreement shall be void, and the action may proceed in court. Notwithstanding this arbitration clause, either party may bring an individual action in small claims court if the claim qualifies.
You may opt-out of the arbitration and class action waiver provisions by sending a letter to us within 15 days of your first accessing the site, specifying your name, IP address(es), email address, mailing address, and a request to be excluded. Your opt-out request will only be enforceable if postmarked within the 15-day deadline.
Alternative Jurisdiction
If any court finds the arbitration or class action waiver provisions invalid, you agree to the exclusive jurisdiction of the federal and state courts located in Providence, Rhode Island, and the related appellate courts. You agree not to challenge Rhode Island as an inconvenient forum.
Waiver
SALT Cycle’s failure to enforce any rights or provisions of these Terms shall not constitute a waiver. Any waiver of any right or provision must be in writing.
Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid provision will be replaced with a valid, enforceable provision that closely matches the original intent.
Entire Agreement
These Terms, along with our Privacy Policy and any other notices or guidelines on the SALT Cycle site, constitute the entire agreement between you and SALT Cycle and supersede any prior agreements. In case of any conflict, these Terms will prevail.
Electronic Record Keeping
A printed version of these Terms, our Privacy Policy, and any electronic notices shall be admissible in judicial, arbitration, or administrative proceedings to the same extent as documents originally generated and maintained in printed form.
Miscellaneous
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision in any judicial or other proceeding that may arise between the parties.
These Terms and the rights, benefits, and obligations contained herein are fully assignable by SALT Cycle Studios, LLC and will be binding upon and inure to the benefit of our successors and assigns.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
The headings in these Terms are for convenience only and have no legal or contractual effect.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the SALT Cycle site or by any other method of communication provided elsewhere herein. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
The terms “include,” “includes,” and “including” as used herein mean “including without limitation.”
These Terms and your use of the SALT Cycle site, including the submission of content, do not create, and shall not be construed as creating, any relationship of partnership, joint venture, employer-employee, agency, or franchisor-franchisee between the parties. Your use of the site is intended for your personal enjoyment and benefit. The provision of the site to you, subject to your compliance with these Terms and our Privacy Policy, constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to us, our products, or our services.
Questions?
You may contact us concerning any questions about the SALT Cycle site or these Terms at info@saltcyclestudios.com or by mail at SALT Cycle Studios, LLC, 300 Industrial Way, Tiverton, RI 02878.