TRAIN YARD CYCLE STUDIO, LLC
New Member Waiver and Membership Agreement
5910 Waxhaw Hwy, Unit C, Mineral Springs, NC 28108
Section 1. Parties and Definitions
This New Member Waiver and Membership Agreement ("Agreement") is entered into by and between Train Yard Cycle Studio, LLC, a North Carolina limited liability company located at 5910 Waxhaw Hwy, Unit C, Mineral Springs, NC 28108 ("Studio," "we," "us," or "our"), and the individual identified below ("Member," "you," or "your").
"Services" means all classes, programs, events, facilities, equipment, and amenities offered by the Studio, including indoor cycling, yoga, strength training, private sessions, workshops, and any retail or online offerings.
Full legal name: {name}
Preferred first name: {first_name}
Section 2. Membership Terms
2.1 Recurring billing. Memberships are sold on a recurring monthly basis and fees are collected by automatic draft (ACH or credit/debit card) on your scheduled draft date each month. You authorize the Studio to charge your designated payment method for all applicable membership fees until you cancel in accordance with this Agreement.
2.2 Cancellation notice. To cancel a recurring membership, you must provide at least THREE (3) days' written notice BEFORE your next scheduled draft date (email to the Studio's published address or written notice delivered in person). If timely notice is not received, the upcoming draft will process as scheduled and is non-refundable.
2.3 No long-term contracts; no sign-up fees. Memberships are month-to-month with no long-term contract and no sign-up or initiation fees, except as stated in Section 2.4.
2.4 Special and promotional offers. Any special, introductory, or promotional offer requires a TWO-MONTH minimum membership commitment. If you cancel a promotional membership before completing two full months, you agree to pay the remaining balance of the two-month commitment.
2.5 Failed payments. If a draft is declined, you are responsible for promptly updating your payment information. The Studio may suspend access until past-due amounts are paid and may assess a reasonable returned-payment fee as permitted by law.
2.6 Late fee. Any payment not received within SEVEN (7) days after its scheduled draft date will incur a late fee of TWENTY-FIVE DOLLARS ($25.00), which will be added to your account balance. The late fee applies in addition to any returned-payment fee described in Section 2.5.
2.7 Membership types and pricing. Current membership options and prices are as published by the Studio and may change with at least 30 days' notice to active members.
Section 3. Assumption of Risk
You acknowledge that participation in indoor cycling, yoga, strength training, and related fitness activities involves inherent risks that cannot be eliminated, including but not limited to: cardiovascular exertion and cardiac events; muscle strains, sprains, tears, and soreness; joint injuries; falls from or contact with stationary bikes and other equipment; slips and falls; dehydration, dizziness, or fainting; aggravation of pre-existing medical conditions; and, in rare cases, serious injury or death.
YOU VOLUNTARILY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE STUDIO, and you assume full responsibility for your participation. Your participation is purely voluntary, and you elect to participate in spite of these risks.
Section 4. Release of Liability / Waiver
To the fullest extent permitted by North Carolina law, you, on behalf of yourself and your heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, AND DISCHARGE Train Yard Cycle Studio, LLC, its owners, officers, instructors, coaches, employees, contractors, agents, and volunteers (collectively, the "Released Parties") from any and all claims, demands, or causes of action arising out of or related to any loss, damage, or injury — including personal injury, illness, or death — sustained in connection with your participation in the Services or presence at the Studio's facilities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
This release does not extend to claims arising from gross negligence, willful or wanton misconduct, or any other liability that cannot be waived under North Carolina law. If any portion of this release is held unenforceable, the remaining provisions shall continue in full force and effect.
Section 5. Indemnification
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your participation in the Services, (b) your breach of this Agreement, or (c) your violation of the Studio's rules or applicable law — except to the extent caused by the gross negligence or willful misconduct of the Released Parties.
Section 6. Medical Authorization and Fitness to Participate
6.1 Fitness representation. You represent that you are physically able to participate in the Services and have no medical condition that would prevent safe participation, or that you have consulted a physician who has approved your participation.
6.2 Ongoing responsibility. You agree to consult a physician before beginning or changing any exercise program as appropriate for your health, to inform instructors of any relevant limitations before class, and to STOP exercising and notify an instructor immediately if you feel pain, dizziness, nausea, shortness of breath, or any other concerning symptom.
6.3 Emergency authorization. In the event of an emergency, you authorize the Studio's staff to secure emergency medical treatment for you, including first aid, CPR, AED use, and transportation to a medical facility. You understand you are financially responsible for any medical costs incurred.
Section 7. Studio Rules and Code of Conduct
You agree to abide by all Studio rules as posted or communicated, which may be updated from time to time. These include, at a minimum:
Follow all instructor directions and safety cues during class.
Wipe down bikes, mats, and equipment after each use.
Arrive on time; late entry may be refused for safety reasons.
Wear appropriate athletic attire and footwear; use equipment only as intended.
Keep the studio clean and respect shared spaces and fellow members.
Children not participating in a class must remain in designated waiting areas and supervised at all times.
Violation of Studio rules may result in removal from class or termination of membership under Section 8.
Section 8. Harassment and Anti-Harassment Policy
8.1 Zero tolerance. Train Yard Cycle Studio is committed to a safe, respectful environment for everyone. Harassment of any kind is strictly prohibited. For purposes of this Agreement, "harassment" includes, without limitation: verbal abuse, threats, or intimidation; bullying or demeaning conduct; unwanted physical contact; sexual harassment or unwelcome sexual advances, comments, or conduct; and discriminatory conduct based on race, color, sex, age, disability, religion, national origin, sexual orientation, gender identity, or any other protected characteristic — directed toward coaches, instructors, staff, or other members.
8.2 Reporting. If you experience or witness harassment, report it to the Studio owner or manager promptly. Reports will be handled discreetly to the extent reasonably possible.
8.3 Consequences. Any Member found, in the Studio owner's reasonable discretion, to have engaged in harassment may be immediately removed from class and may have their membership SUSPENDED OR TERMINATED WITHOUT REFUND. The Studio reserves the right to refuse service and to involve law enforcement where appropriate. This policy protects our coaches, staff, and members alike, and enforcement decisions rest solely with the Studio owner.
Section 9. Participants Under Age 16
9.1 Parental consent required. Any participant under the age of sixteen (16) may participate in the Services ONLY with the prior written consent of a parent or legal guardian, AND the parent or legal guardian must co-sign this Agreement electronically, accepting all of its terms — including the assumption of risk, release of liability, and indemnification provisions — on the minor's behalf.
9.2 Owner approval required. In addition to parental consent, any participant under age 16 must be individually APPROVED by the Studio owner before participating in any class or using Studio facilities. The owner may withhold approval in their sole discretion.
9.3 Supervision. A parent or legal guardian must remain on the Studio premises for the duration of any class or session attended by a participant under age 16, unless the owner expressly waives this requirement in writing.
Section 10. Photo and Media Release (Optional)
The Studio may take photographs or video during classes and events for marketing purposes, including social media and the Studio website.
If you do not want photographs or video of you used, notify the Studio in writing (email is fine) at any time and the Studio will honor your request.
Section 11. General Provisions
11.1 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.2 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-laws principles.
11.3 Entire agreement. This Agreement constitutes the entire agreement between you and the Studio regarding its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.
11.4 Acknowledgment. By signing electronically, you acknowledge that you have READ this Agreement in its entirety, UNDERSTAND its terms, and agree that you are giving up substantial legal rights (including the right to sue), and you sign it voluntarily.
Section 12. Signatures
This Agreement is signed electronically through the Studio's website. Signatures are collected and stored by the Studio's booking platform — no handwritten signature is required in this document.
Signed by (member or guardian):
Date signed: {sign_date}
PARENT / LEGAL GUARDIAN (required if Member is under 16):
I am the parent or legal guardian of the minor Member named above. I consent to the minor's participation and agree to all terms of this Agreement on the minor's behalf, and I will co-sign electronically through the Studio's website.
STUDIO OWNER APPROVAL (required if Member is under 16):
The Studio owner has reviewed and approves the participation of the above-named minor.
Member portal: {login_link}
PLAIN-ENGLISH SUMMARY (not a substitute for the terms below)
Memberships renew automatically each month and are billed by automatic draft.
To cancel, you must give us at least 3 days' notice BEFORE your next draft date — otherwise that draft will process.
No long-term contracts and no sign-up fees. Special or promotional offers require a two-month minimum membership.
A $25 late fee applies to any payment not received within 7 days after its draft date.
Cycling, yoga, and strength classes involve real physical risk. You are choosing to take part voluntarily and, to the fullest extent the law allows, you release the studio from liability for ordinary negligence.
Treat our coaches, staff, and fellow members with respect. Harassment of any kind can end your membership immediately, with no refund.
If you are under 16, a parent or legal guardian must co-sign this agreement, and the studio owner must approve your participation.
