TERMS AND CONDITIONS
TERMS OF SERVICE
All customers and visitors to www.turnstudio.com (the “Website” or “Site”) or to the TURN Studio premises are subject to TURN Studio LLC’s d/b/a TURN’s Terms and Conditions as expressed below.
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.
This Terms of Service contains twenty sections.
Introduction.
Reservations/Charges
Limited License & Use of the Service: You are granted a non-exclusive, non-transferable, limited license to access and to use the Site.
Right to Change Site: We reserve the right to modify, suspend, or discontinue the Site at any time.
Site Interruptions: We make every effort to minimize site interruptions.
Site Contents: All materials on the Site are owned, controlled, or licensed by TURN Studio.
Consulting a Doctor/Activity Risk: Always consult a doctor before engaging in any strenuous activity.
Release of Liability Agreement: You must sign, either in writing or digitally, the TURN Studio Release of Liability Agreement prior to beginning a training, exercise, or fitness services with TURN.
Payments, Refunds, and Class Cancellation Policy: Prices are subject to change at any time
Cancellation and Termination of Service: Service may be cancelled or terminated at any time.
Proprietary Rights: TURN Studio owns all rights, title, and interest in the Site.
User Comments, Feedback, and Other Submissions: TURN Studio may use any of the comments you send to us. Comments must not violate any right of a third party.
Personal Information Submitted through the Site: Use of personal information is governed by the Privacy Policy.
Account Security: You are responsible for safeguarding your password.
Disclaimer, Limitation of Liability and Indemnity: TURN Studio disclaims any and all warranties.
Dispute Resolution: Users agree to a pre-determined dispute resolution procedure.
Choice of Law: This agreement is governed under the laws of the State of Georgia.
Severability.
Termination: Both TURN Studio and the user may terminate this agreement at any time, but your continued use of the Site will not terminate your obligations under these Terms of Service.
Entire Agreement: This is the entire and exclusive agreement between the user and TURN Studio.
1. Introduction
Welcome to www.turnstudio.com (the “Site”). The Site is provided as a means for visitors and Members (users who pay for the indoor cycling and The MEZ classes). Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, 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.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We (TURN Studio 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 use any of the Site. If you do not agree to these terms, please do not use the Site.
2. Reservations/Charges
In order to make a reservation, you must first own a single class pass, a series (group of classes) pass, or unlimited class pass. To buy a class package, you can (a) sign-up online (b) call the studios or (c) show up at the TURN Studio facility and sign up with one of our representatives. If you already have a username and password you can visit the “BUY” page to purchase a class package and make your reservation.
Please note that if you make a purchase of any kind through the website you agree to allow TURN Studio to keep your credit card on file. If you purchase an unlimited monthly pass, you agree to allow TURN Studio to keep your credit card on file. If you have an unlimited monthly pass, in the event you fail to show up to a scheduled class or you fail to comply with the cancellation policy set forth in Section 9, a ten-dollar ($10.00) penalty per late cancel reservation will apply and a fifteen dollar ($25.00) penalty per missed class (“no-show”) reservation will apply.
You should be aware that the series pass expires as described on the purchase class packages page and that class packages and future class package prices are subject to change.
We accept Mastercard, Visa, Discover, American Express, and Cash. You can reserve classes up to 2 weeks in advance. Visit the “RESERVE” page to make online reservations.
TURN Studio provides you the option to use our automatic draft service. In the event you want to cancel your use TURN Studio’s automatic draft service, you shall provide written notice through the “Contact Us” section of the website. This is the only accepted method of cancellation. TURN Studio requires 30 business day notice before the auto-renew date of your monthly pass. Should you cancel within the 30-business day window you will be subject to one more billing cycling. Please allow up to 30 days to cancel the automatic draft service.
Your credit card/debit card will be charged for your order when you submit payment. TURN Studio will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. TURN Studio shall charge a processing fee of twenty-five dollars ($25) in the event you provide City Cycle with an incorrect, expired, or over-the-limit credit card. 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 may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that TURN Studio may incur in its efforts to collect any unpaid balances from you.
3. Limited License & Use of the Site
You are granted a non-exclusive, non-transferable limited license to access and use the Site. The Site does not review or pre-screen the contents of electronic data uploaded or posted to the Site (“Content”), and the Company claims no intellectual property rights with respect to the Content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Site, use of the Site, or any portion of the Site, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), or any visual design elements without the express written permission from the Company.
You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other software or Site provided by the Company.
You agree not to use the Site in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, and obscene or in violation of these Terms of Service.
You agree not to use the site to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
4. Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
5. Site Interruption
TURN Studio makes every effort to keep the Site and Service up and running. However, the Site is hosted through a third party, and we do not always have advanced notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.
6. Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled and/or licensed by TURN Studio. Other trademarks appearing on the Site are the trademarks of TURN Studio and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
7. Consulting a Doctor/Activity Risk
Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that TURN Studio assumes no risk or liability for your participation in the activities and that you participate at your sole discretion and risk.
You shall not use TURN Studio’s facility, service, 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. You agree not to violate any laws while at TURN Studio.
8. Release of Liability Agreement.
Before beginning any services with TURN Studio, you must sign the Release of Liability Agreement in person at our 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.
9. Payments, Refunds, and Cancellation Policy
The prices displayed on the site are quoted in U.S. dollars. TURN Studio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
To cancel a TURN Studio class, you must cancel your bike 6 hours prior to the class. Once your class is cancelled, the class will be returned to your series pass to be used at a future date; the class is not refunded. If you have not cancelled your class 6 hours prior to the scheduled class, your scheduled class will be charged to your class package and you could be subject to a ten-dollar ($10.00) or fifteen dollar ($25.00) penalty discussed in Section 2.
You can cancel your reservation in the following ways:
Before 12 hours prior to the class - log into your account; under My Classes select “cancel” next to the class you wish to cancel.
Before 12 hours prior to the class - call the studios, and we will cancel the class for you.
We reserve the right to change the price and will try to provide notice of such changes. Payment for services will accepted via Mastercard, Visa, Discover, American Express, and Cash.
10. Cancellation and Termination of Accounts
TURN Studio has the right to suspend access to any user at any time for failing to comply with these Terms of Service. Upon cancellation or termination, all content associated with such subscription will be deleted immediately. A 30 day cancellation form is required to terminate your account.
11. Proprietary Rights
TURN Studio owns all legal right, 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 TURN Studio’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
12. User Comments, Feedback, and Other Submissions
TURN Studio is pleased to hear from users and welcomes your comments regarding our products and Service. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that TURN Studio may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. TURN Studio is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. TURN Studio has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead TURN Studio or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. TURN Studio takes no responsibility and assumes no liability for any Comments posted by your or any third party.
13. Personal Information Submitted Through the Site
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
14. Account Security
You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify TURN Studio of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to TURN Studio, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.
15. Disclaimer, Limitation of Liability, and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS, ALL PRODUCTS AND ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. TURN Studio DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY CYCLE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH TURN Studio ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TURN Studio NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. TURN Studio IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF TURN Studio’s TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TURN Studio, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
16. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and TURN Studio agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, 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
TURN Studio
4605 Blue Stone Rd
Ste 220-230
Sandy Springs, GA 30328
or
(2) 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 to non-binding mediation in Fulton County. Both you and TURN Studio 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.
17. Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Georgia and/or Fulton County. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of TURN Studio’s right to require strict observance of each of the terms herein.
18. Severability
If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
19. Termination
These terms are effective unless and until terminated by either you or TURN Studio. You may terminate this Agreement at any time by termination your account and discontinuing use of the Site. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
