ASSUMPTION OF RISK, WAIVER, AND RELEASE

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Row Republic is providing services (individually and/or collectively, the “Classes and Facilities”) of Row Republic LLC and its subsidiaries (collectively, “Row Republic”), I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor rowing and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Row Republic rowing machine Safety Instructions that are posted below within this document. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Row Republic staff, I would be at physical risk participating in Row Republic’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Row Republic with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Row Republic’s concerns and stating that Row Republic’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Row Republic, its direct and indirect parent, subsidiary affiliate entities, and each of their respective of officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Row Republic’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Row Republic’s Classes and Facilities, and should not be participating in any Classes.

I have read this Risk Waiver and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Row Republic under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.

VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Row Republic shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

ETIQUETTE: Row Republic reserves the right to deny access to any person Row Republic deems to be acting in an inappropriate or unsafe manner.

CANCELLATION & REFUND POLICY

All Credit and Membership packages are NON-REFUNDABLE.  No exceptions.
We do not offer refunds on purchases for our services, beyond your statutory rights. Membership packages are not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, using the cancellation request form available at the studio or emailing reservations@row-republic.com, with 30 days notice to Row Republic. If Membership package has a specific commitment period, Member is eligible to cancel for any reason after their minimum contract commitment period has expired.

LEGAL

These are the terms and conditions which apply to your use ofthe ROW REPUBLIC Website (the “Website”) and the ROW REPUBLIC MobileApplication (the “App”), and the purchase of Goods and Services from us. You should read these Conditions carefully before using this Website, theApp, or purchasing any Goods or Services from us.  If you do not agree tothese Conditions, you must not use this Website or our App.

This Website, the App, and the Goods and Services displayed onit are provided by Spoke Studios, Inc. and its subsidiaries, including, withoutlimitation, ROW REPUBLIC Studios (77 North Washington Street), collectivelyreferred to in these Conditions as “ROW REPUBLIC”, “we, “us” and “our”. When we refer to “you” and “your” we mean the user of this Website orApp, purchaser of Goods or user of our Services.

When the following words with capital letters are used in theseConditions, this is what they mean:

“Class” – any exercise class provided by us or on our behalf at the Studios as part of the Services;

“Conditions” – the terms and conditions as set out in this document;

“Credit” – credits purchased via our Website or App and used to make bookings for Classes;

“Goods” – any Goods offered for sale at any of our Studios;

“Services” – services available to you via this Website, including the Classes;

“Studios” – any of our studios, as published on our Website from time to time;

“Facilities” – any area, part, or room within our Studios, not limited to the rower studio room; and

“Website” – http://www.row-republic.com

 

USE OF OUR WEBSITE

Use of our site includes accessing, browsing or registering touse our Website. By using the Website you are confirming that you accept theseConditions and that you agree to comply with them.  We may update thisWebsite from time to time and may change the content at any time. Any of thecontent on our Website may be out of date at any given time and we are under noobligation to update it. We do not guarantee that our Website, or any contenton it, will be free from errors or omissions.  We do not guarantee thatour Website, or any content on it, will always be available or be uninterrupted.Access is permitted on a temporary basis and we may suspend, withdraw,discontinue or change all or any part of our Website without notice. We willnot be liable to you if for any reason our Website is unavailable at any timeor for any period.

By accessing this Website, you agree that you will access itscontents solely for your own use. You may print out a single hard copy of anypart of the content of this Website for your use in accordance with theseConditions. You must not modify the copies of any materials on this Website inany way and you must not use any illustrations, photographs, video or audiosequences or any graphics separately from any text. Our status (and that of anyidentified contributors) as the authors of content on our Website must always beacknowledged. You must not use any part of the content on our Website forcommercial purposes without obtaining a license to do so from us or ourlicensors. If you print off, copy or download any part of our Website in breachof these Conditions of use your right to use this Website will ceaseimmediately and you must, at our option, return or destroy any copies of thematerials you have made.  You may not (except to the extent required inorder to use this Website in accordance with these Conditions) copy, store inany medium (including in any other Website), distribute, transmit, re-transmit,broadcast, modify, delete or show in public any part of this Website orsystematically extract material from this Website or any document availablethrough it, create any derivative works from it or in any other way exploitcommercially all or any part of this Website or any document available throughit without our prior written consent.  This Website should only beaccessed using a computer linked to a secure network environment.  Wecannot guarantee that this Website will operate in accordance with yourexpectations or will be error free. If you are aware of any error on thisWebsite please contact us by email at hello@row-republic.com andwe will endeavor to correct it.

It is our policy to virus check documents and files before theyare posted on this Website. However, we cannot guarantee that documents orfiles downloaded from this Website will be free from viruses. Accordingly, foryour own protection, you must use virus-checking software when using thisWebsite. We exclude to the fullest extent permitted by law, all liability (savein respect of death or personal injury caused by negligence and for fraud) inconnection with (a) any damage or loss caused by errors, computer viruses,other malicious code or harmful components originating or contracted from theWebsite or from any third party Websites linked to this Website and (b) anyinterruptions in your access to the Website.

You must not misuse our Website by knowingly introducingcomputer viruses, other malicious code or harmful components. You must notattempt to gain unauthorized access to our Website. You must not attack oursite via a denial-of–service attack or a distributed denial-of-service attack.By breaching this clause you would commit a criminal offence under the ComputerMisuse Act 1990. We will report any such breach to the relevant law enforcementauthorities and we will co-operate with those authorities by disclosing youridentity to them. In the event of such a breach, your right to use our Websitewill cease immediately and you will indemnify us for any breach, which meansthat you will be responsible for any loss or damage we suffer as a result ofyou not complying with this clause.

If you decide to access any third party Websites linked to thisWebsite, you do this entirely at your own risk and we will not be liable forany loss or damage that may arise from your use of them. We provide these linkspurely for convenience and the inclusion of such links does not imply that weendorse or accept any responsibility for, or have any control over, the contentor use of such Websites. You may be subject to the terms of use applicable tosuch third party sites.

 

YOUR USERNAME ANDPASSWORD

Certain areas of our Website are restricted and may only beaccessed if you are registered with us and have been issued with or have chosena username and password.  You must not allow any other person to use yourusername, password or other login details and must treat such information asconfidential and must not disclose it to any third party. If you believe orsuspect that someone else knows your login details you must contact us as hello@row-republic.comas soon as possible.

We reserve the right to disable any user identification code orpassword used to access to this Website at any time if in our reasonableopinion you have failed to comply with these Conditions.

You shall not obtain or attempt to obtain unauthorized access toan area of this Website which is only accessible with a username and passwordother than that which has been identified as being available to you through thelogins and passwords notified to you and you will not attempt to evade our authenticationor security procedures nor assist, encourage or permit any other person to doany of the above things.

You should be aware that some of the documents, files and otherinformation may contain personal data subject to applicable data protectionlegislation. You must not use that data contrary to such legislation.

We shall not be liable for any losses you suffer as a result ofunauthorized access to your account until such time as you have informed us ofunauthorized use or possible unauthorized use of your login details or of abreach of security at hello@row-republic.com.

If you are accessing an area of our Website protected by ausername and password to use the Services available through it otherwise thanin the course of your business, you have certain statutory rights as a consumerregarding the performance of Services. These statutory rights will not beaffected by any statement contained in these Conditions.

 

INTELLECTUAL PROPERTY

The trademarks, logos and trade names of ROW REPUBLIC are theproperty of ROW REPUBLIC Studios and may not be used by you for any reasonsother than as expressly permitted by these terms. All Website and App content,design, text, and graphics; the collection, selection, and arrangement thereof,are property of, or duly licensed to, ROW REPUBLIC. You have the right to view,electronically copy, and print in hard copy portions of the Website and App forthe sole purpose of making class reservations, purchases, or other personaluse.  Any other use of materials on the Website, including modification,distribution, or reproduction for purposes other than those noted above,without the prior written permission of ROW REPUBLIC, is strictly prohibited. You acknowledge that ROW REPUBLIC and/or third party content providersremain the owners of all Website and App materials, and that you do not acquireany of those ownership rights by downloading, copying, or using any suchmaterial in accordance with these Terms and Conditions. ROW REPUBLIC maydiscontinue or remove the Website or App, or any portion thereof, ordiscontinue your right to use the Website or App, or any portion thereof, atany time.

 

WARRANTY DISCLAIMERAND LIMITATION OF LIABILITY

In no event will ROW REPUBLIC be liable for any direct,indirect, special, or other consequential damages resulting from your use ofthe Website, the App, or on any other linked/third-party website, includingwithout limitation, any lost profits, business interruption, loss of programs,or other data on your information handling systems or otherwise, including anyclaims waived by you previously in this agreement even if ROW REPUBLICexpressly advised of the possibility of such damage.

All information is provided by ROW REPUBLIC on an “as is” basisonly. ROW REPUBLIC provides no representations and warranties, express orimplied, including the implied warranties of fitness for a particular purpose,merchantability, and non-infringement.

 

GENERAL STATEMENT ONPRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Website or the App, you are responsible formaintaining the confidentiality of your account, password, and for restrictingaccess to your computer or device. You agree to accept responsibility for allactivities that occur under your account and password.

When you visit the Website, use the App, or communicate with ROWREPUBLIC via email, you are communicating electronically. You consent toreceive communications from ROW REPUBLIC electronically. ROW REPUBLIC willcommunicate with you by email or by posting notifications on the Website and/orthe App. You understand and agree that all agreements, notices, disclosures,and other communications that ROW REPUBLIC provides electronically satisfy anylegal requirement that such communications be in writing.

 

USER PROVIDEDINFORMATION

ROW REPUBLIC does not collect any personal information aboutindividuals – such as names and postal codes, home addresses, and emailaddresses – except when such information is knowingly provided to ROW REPUBLIC.Personal information might be obtained from online transactions such asclass/series purchases, retail purchases, and/or class registrations.Additionally, personal information may be transmitted as part of a formsubmission or in connection with other activities or services made available onthe Website or App. Any personal identification information retrieved by ROWREPUBLIC must be voluntarily submitted by the user.  ROW REPUBLIC may usethe information provided to contact you with important information, requirednotices, and marketing promotions.

 

AUTOMATICALLYCOLLECTED INFORMATION

The Website and App collect some anonymous information aboutusers automatically when individuals request pages through a browser. Thisinformation is used to keep track of the shopping cart and to help us monitorhow individuals use the Website and App, which allows ROW REPUBLIC to providean optimal experience and better service throughout the online offerings. Theinformation collected automatically by the server does not contain anythingthat can identify individuals personally, such as an email or home address.

 

SECURITY STATEMENT

ROW REPUBLIC makes every effort to ensure that all of thetransactions that occur on the Website and App are secure. All credit card numbersand transactions are encrypted using 128-bit Secure Socket Layer (SSL)encryption. We are concerned about safeguarding the confidentiality of yourinformation. We provide physical, electronic, and procedural safeguards toprotect information we process and maintain. For example, we limit access tothis information to authorized employees and contractors who need to know thatinformation in order to operate, develop or improve the Website and App. Pleasebe aware that, although we endeavor to provide reasonable security forinformation we process and maintain, no security system can prevent allpotential security breaches.

 

WHAT IS A SECURE CONNECTION?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this typeof secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the ROW REPUBLIC website. If you do not see this padlock,if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible toothers.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

 

COOKIES

A cookie is a small text file that is sent to your browser froma website and stored on your computer’s hard drive. Cookies cannot read datafrom your hard disk or read cookie files that were created by other sites – thewebsite that creates a cookie is the only one a browser will permit to accessit.

Like many other websites and applications, the Website and Appuse cookies to obtain certain types of information. For example, ROW REPUBLICmight use cookies to control access to certain features such as your passwordand account, to customize content areas, or to analyze site activity and userbehavior. ROW REPUBLIC reserves the right to use cookies in the future inconjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore yourweb browser’s options to notify you whenever a cookie is set, or to disallowcookies altogether. You should be aware that prohibiting the use of cookieswill significantly restrict access to certain types of content or features.

 

HOW INFORMATION IS USED

The following are examples of how ROW REPUBLIC might use thepersonal information collected through the Website and/or App:

If you purchase a ROW REPUBLIC credit bundle, sign up for a ROWREPUBLIC class, or purchase ROW REPUBLIC retail items, the required personalinformation (similar to that provided during a telephone or mail orderpurchase) will be used to complete your order.

If you indicate that you are interested in receiving ROWREPUBLIC related news and information, you may receive emails to the emailaddress you provided as part of the registration process.

For the non-personally identifiable information collectedthroughout the Website or App:

Aggregate data could be analyzed to describe the collectivecharacteristics and behaviors of online visitors, and subsequently be used tofurther optimize the effectiveness of the website, the mobile application, andthe overall ROW REPUBLIC experience.

You can help ROW REPUBLIC maintain the accuracy of your personalinformation by updating your account. Please update this information when youchange your address, phone number, or email address. ROW REPUBLIC will nevershare telephone numbers, email addresses, or any personal data with thirdparties.

ROW REPUBLIC reserves the right to refuse service, terminateaccounts, remove or edit content, or cancel orders, at its sole discretion.

 

SAFETY COMPLIANCE

By signing up for and/or attending classes, events, activities,and other programs, you hereby acknowledge and agree to comply with thefollowing safety rules and guidelines set forth by the Studio for each of thefollowing types of classes.  Failure to do so may result in Studiorefusing entry / access to Class.   If the Studio is unaware of yourfailure to comply with safety rules and guidelines, you hereby (1) agree toassume full responsibility for any and all injuries or damage which aresustained or aggravated by you in relation to the Classes and Facilities, (2)release, indemnify, and hold harmless ROW REPUBLIC, its direct and indirectparent, subsidiary affiliate entities, and each of their respective officers,directors, members, employees, representatives and agents, and each of theirrespective successors and assigns and all others, from any and allresponsibility, claims, actions, suits, procedures, costs, expenses, damages,and liabilities to the fullest extent allowed by law arising out of or in anyway related to participation in the Classes or use of the Facilities.