TERMS OF SERVICE
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING THIS SITE AND/OR BY CHECKING THE BOX ON ANY OF THE PAGES WHEREBY YOU REGISTER FOR ANY SERVICES, INCLUDING REGISTERING FOR OR PURCHASING MILE HIGH CLASSES ONLINE, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF, AND HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD REFRAIN FROM VIEWING OR USING THIS SITE.
EACH TIME YOU ACCESS THIS SITE, YOU ARE REAFFIRMING YOUR AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, OR DO NOT HAVE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY AS PROVIDED ABOVE, YOU ARE NOT AUTHORIZED TO USE THIS SITE.
MILE HIGH RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME AND UPON SUCH REVISIONS WILL REVISE THE LAST UPDATED DATE AT THE BOTTOM OF THIS AGREEMENT. Therefore, you should read this Agreement prior to each use of the Site and should check the “Last Updated” date to ensure familiarity with the terms of this Agreement. You may print a copy of this Agreement for reference.
RISKS OF PARTICIPATION; LIABILITY WAIVER FOR ACTIVITIES
By this Agreement, you agree to give up (i) the right to sue for any injury or damages sustained through participating in any Mile High Run Club LLC activities and utilizing this Site, and (ii) other rights described more fully below.
You acknowledge that participation in Mile High Run Club LLC (the “Company”) classes, organized group runs, individual instruction, races, events, whether indoors or outdoors, and use of equipment at any of the Facilities (collectively, the “Activities”), is potentially hazardous, which could cause or otherwise lead to injury or death. You further acknowledge that the Activities require physical exertion, which may be strenuous, and you may be subject to, among other things, falls, contact with other participants, running and exercise related injuries, the effects of the weather, including high heat and/or humidity, wind, cold, wet or icy surfaces, falling tree branches or other overhead objects, traffic and the conditions of the road, failure of equipment, and any other risks, known and unknown and appreciated by me in connection with the Activities or at any facility where Activities take place (the “Facilities”, and each, a “Facility”).
In consideration of being allowed to participate and access the Company’s classes, any of the Activities and/or entering the Facilities, and utilizing this Site, in addition to the payment of any fee or charge, you fully, expressly and voluntarily on behalf of myself, heirs, executors, successors and assigns:
(1) agree that it is your responsibility to consult with a physician regarding participation in the Activities prior to participation. You hereby confirm that you are in good health and have no disabilities, impairment, injury, disease or ailment preventing you from engaging in active exercise, strenuous physical activity and any of the Activities;
(2) understand the risks from participating in the Activities or entering the Facilities and agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Activities and the Facilities; if you observe any unusual significant hazard during by presence in any Facility in participating in any of the Activities, you will remove yourself from participation and will promptly bring such conditions to the attention of an instructor or other representative of the Company;
(3) waive, release and forever discharge the Company, its officers, agents, members, owners, instructors, representatives, insurers, sponsors and advertisers (collectively, the “Releasees”) from any and all responsibility, claims, rights, damages, causes of action and/or liability from injuries or damages, whether from the negligence of the Releasees or otherwise, to your person or property resulting from your participation in the Activities and/or use of, or entry into, the Facilities, and use of the Site;
(4) agree to indemnify and hold the Releasees harmless against any and all claims, costs, demands, damages, rights of action, causes of action of any person or entity that may arise from injuries or damages sustained by you in connection with the Activities, the use of the Facilities, and use of this Site;
(5) agree to comply with all rules established by the Company regarding the Activities, Facilities and this Site, and acknowledge that the Company and any of its employees, instructors or other authorized persons may deny or suspend your participation in any Activity or bar you from any Facility for any reason whatsoever;
(6) agree that none of the Releasees are liable or responsible in any way for any personal item or other property that is damaged, lost or stolen at any of the Facilities or at any of the Activities;
(7) agree that your acceptance of the terms herein apply to each time you participate in any of the Activities, enter a Facility and use this Site;
(8) are eighteen (18) years of age or above; and
(9) grant the Company, its representatives and agents the right to use any photographs, motion pictures, recordings, or any other record of your participation in the Activities for its record keeping, social media pages, and public relations efforts without remuneration.
YOU AGREE THAT YOU HAVE READ AND ACCEPT THIS LIABILITY WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
RESERVATION AND CANCELLATION POLICY
(1) You may reserve classes online up to two weeks in advance but not later than one hour prior to class times.
(2) All classes are non-transferable and non-refundable (except as described in (iii) immediately below).
(3) Reservations must be cancelled 12 hours before the scheduled class in order to avoid a 100% cancellation fee or refund, as applicable. Cancellations may be made online by logging into your Account, by e-mailing us at firstname.lastname@example.org or over the phone by calling 212 466-6472 and speaking with a representative at the Mile High Run Club studio.
(4) You must be physically present at the class location five (5) minutes before the class you are registered for starts, otherwise your treadmill may be given away to someone on the wait list.
Classes purchased directly from www.milehighrunclub.com do not expire.
(1) You must use the specific treadmill you reserved online. However, We may require you to use another treadmill during the applicable class.
(2) We are not responsible for any lost or stolen articles.
(3) Towels are required during classes at our studio. We provide towels for classes at the studio. Please place used towels in towel bins after your training session.
(4) Do not leave any items (trash, used towels, empty water bottles, personal items etc.) on the treadmill after class. Please dispose of all trash in the receptacles located throughout the studio.
(5) Do not place any open liquid containers on any part of the treadmill. The use of water bottles with closeable tops is acceptable, and must be closed when not drinking from such bottles.
(1) All injuries or other physical issues that may impair, or cause you further injury, must be reported to the instructor prior to each class.
(2) Consult with your physician before beginning any exercise program, especially if any of the following pertain to you: history of heart disease, high blood pressure, diabetes, chronic respiratory disease, elevated cholesterol, smoke cigarettes, or experience any other chronic disease or physical impairments.
(3) Pregnant women should consult their physician before beginning an exercise program.
(4) If you experience dizziness, chest pains, nausea or any other abnormal symptoms while utilizing the treadmill, stop immediately and advise your instructor.
(5) Always use the emergency safety lanyard supplied with the treadmill. It can be clipped to an article of clothing while exercising. This is for your safety in case an emergency arises.
(6) Always press the stop button to end training session. Stop the treadmill completely before getting off.
(7) Keep all loose clothing and towels away from the treadmill running surface. It is also important that shoelaces do not extend past the bottom of the sole of the shoe.
(8) Do not operate heart rate monitor transmitter in conjunction with an electrical heart pacemaker.
(9) Use common sense – if you are not able to keep up with the regimen in the class, go at a pace in which you are able to participate, or if you otherwise feel uncomfortable physically – inform the instructor if you are having any issues.
In order to access some features of the Site, you may be asked to register an account with Mile High (an “Account”), which may include providing personal information. You may never use another person's Account for you to register for classes or other Services for yourself. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. Please note, We may suspend or terminate your Account for any reason at any time.
INTELLECTUAL PROPERTY; SITE CONTENT
The content on the Site, including, but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein, including, but not limited to Mile High Run Club ("Marks") and Mile High’s training programs, methods and classes developed by Mile High, including, but not limited to, the programs named “The Dash 28” and “The Distance”, are proprietary to, and owned by, Mile High (the “Methods”, and collectively with the Content and the Marks, the “Intellectual Property”), are owned by, or licensed to, Mile High and are protected by applicable law. Nothing contained in this Agreement should be understood as granting you a license to use any such Intellectual Property Content on the Site is provided to you as is for informational purposes and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mile High or the owners of licensed intellectual property, as applicable. Mile High reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Mile High.
You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
APPLICABLE LAW; FORUM
This Agreement shall be governed in all respects by the substantive laws of the State of New York without regard for conflict of law principles and any cause of action shall only be brought in a court of competent jurisdiction within and/or servicing New York County, New York. Each Party hereby expressly consents to, submits to and acknowledges the personal jurisdiction of the federal and state courts within and/or servicing New York County, New York in connection with this Agreement.
REVOCATION OF ACCESS
Mile High reserves the right to suspend or revoke your access to the Site and any Services at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Notwithstanding the suspension, revocation or termination of your access to the Site or Services, your responsibilities hereunder and consents shall continue to be in full force and effect and not be terminated, including, but not limited to, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Mile High classes via your mobile phone, (ii) the ability to receive and reply to Mile High messages, (iii) the ability to browse the Site from your mobile phone and (iv) the ability to access certain of the Sites features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Mile High and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
THIRD PARTY SITES
NO PURCHASES BY MINORS ON THE SITE
While individuals between the ages of 14 and 18 may participate in classes and certain other Services, as applicable, they may not purchase any class or other Service unless such minor's parent or legal guardian consents in writing to the purchase, the minor's participation in the classes, and the liability waiver. Accordingly, please contact Us at email@example.com to coordinate the purchase and participation of a minor in classes and other Services, and the parent or legal guardian's written consent. All purchases by minors without the foregoing consents are null and void.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT AND USE OF THE SERVICES RECEIVED THROUGH THIS SITE ARE AT USER’S SOLE DISCRETION AND RISK. THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. MILE HIGH EXPRESSLY DISCLAIMS TO THE USER ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT, IN RESPECT OF THE SITE AND/OR THE SERVICES WE MAKE NO WARRANTY THAT THE CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT ACCESS TO THE SITE, SERVICES, AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MILE HIGH OR ANY OF ITS RELATED PERSONS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY.
In addition to the indemnification obligations described in the section titled “RISKS OF PARTICIPATION; LIABILITY WAIVER FOR ACTIVITIES”, you agree to defend, indemnify and hold harmless Mile High and the other Releasees from and against any and all claims demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) assessed or incurred by Mile High, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms of Service; (ii) your breach of your obligations under these Terms of Service; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Mile High to another entity. You may not assign, transfer or sublicense this Agreement to any third party individual or entity, and any attempt to do so in violation of this section shall be null and void
If you have any questions about these Terms of Service, the practices of Mile High or its Services or this Site, or if you see anything on the Site that you think is inappropriate, please let us know by email or by sending your comments or requests to:
Mile High Run Club, LLC
28 East 4th Street
New York, NY 10003
Attn: Website Manager
These Terms of Service have been last updated and effective as of February 27, 2015.