Terms & Conditions

All customers and visitors to www.joulecolorado.com (the “Website” or “Site”) or to the Joule Studios, Inc. premises are subject to Joule Studios, Inc. 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.

Introduction

Welcome to www.joulecolorado.com (the “Site”).  The Site is provided as a means for visitors and Members (users who pay for the 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 (Joule Studios, Inc. 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 any of the Site.  If you do not agree to these terms, please do not use the Site.

Reservations/Changes

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 series pass, you can (a) sign-up online at www.joulecolorado.com(b) call the studio or (c) come to the Joule Studios, Inc. facility and sign up with one of our representatives.  If you already have a username and password you can go click www.joulecolorado.com/login to buy classes and make your reservation.

Please note that if you purchase an unlimited monthly pass, you agree to allow Joule Studios, Inc. to keep your credit card on file.  In the event you fail to show up to a scheduled class or you fail to comply with the cancellation policy set forth below, a ten dollar ($10.00) penalty per missed reservation will apply.

You should be aware that the series pass expires as described on the pricing page and that class pass and future series pass prices are subject to change. You can reserve classes up to 2 weeks in advance.  

Joule Studios, Inc. provides you the option to use our automatic draft service.  In the event you want to cancel your use of Joule Studios, Inc.’s automatic draft service, you shall provide written notice at info@joulecolorado.com.  Please allow up to 5 days to cancel the automatic draft service.

Your credit card/debit card will be charged for your order when you submit payment.  Joule Studios, Inc. shall charge a processing fee of twenty-five dollars ($25) in the event you provide Joule Studios, Inc. with an incorrect, expired, or over-the-limit credit card.  We will make our best efforts to contact you if this occurs is 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 Joule Studios, Inc. may incur in its efforts to collect any unpaid balances from you.

The prices displayed on the site are quoted in U.S. dollars. Joule Studios, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

In order to cancel a Joule Studios, Inc. class, you must cancel your reservation 12 hours prior to the class. Once your reservation 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 reservation 12 hours prior to the scheduled class, and the class is full or has a waitlist, your scheduled class will be charged to your series pass and you could be subject to a ten dollar ($10.00) penalty discussed earlier.

 You can cancel your reservation in the following ways:

1)    Before 12 hours prior to the class - log into your account; under My Classes select “cancel” next to the class you wish to cancel.

2)    Before 12 hours prior to the class - call the studio at which you are reserved, 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 be accepted via MasterCard, Visa, Discover, American Express, and cash. When you enter in your credit card information we will securely store it to speed up your next purchase. Further, if you incur any cancellation fees, we will charge your primary credit card on file.

Cancellation and Termination of Accounts

Joule Studios, Inc. has the right to suspend access to any user at any time for failing to comply with the Terms of Services. Upon cancellation or termination, all content associated with such subscription will be deleted immediately.

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 matter 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 computing programs, “Worms” or any code of a destructive or malicious nature.

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.

Site Interruption

Joule Studios, Inc. 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.

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 licenses by Joule Studios, Inc.. Other trademarks appearing on the Site are the trademarks of Joule Studios, Inc. 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, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

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 Joule Studios, Inc. assumes no risk or liability for your participation in the activities and you participate at your sole discretion and risk.

You shall not use Joule Studios, Inc.’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 Joule Studios, Inc..

Release of Liability Agreement

Before beginning any services with Joule Studios, Inc., you must sign the Release of Liability Agreement located here, or 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.

Proprietary Rights

Joule Studios, Inc. 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 Joule Studios, Inc.’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Newsletter Subscription

By agreeing to these Terms of Service, you agree to be added to our email newsletter list. You can opt-out at any time by contacting us.

User Comments, Feedback, and Other Submissions

Joule Studios, Inc. 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 Joule Studios, Inc. 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. Joule Studios, Inc. is not, 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. Joule Studios, Inc. 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 Joule Studios, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Joule Studios, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Site

You agree that by submitting personal information through the site, this information may be used during classes if you have designated the profile information to be public.  This includes the leaderboards used during class, which may display your name, RPM, Power, etc.  Personal information such as address, phone, email, or sensitive information such as weight or height is not displayed in any class at Joule Studios, Inc.

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 unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to Joule Studios, Inc., it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.

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. JOULE STUDIOS, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOULE STUDIOS, INC. 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 JOULE STUDIOS, INC. ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER JOULE STUDIOS, INC. 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 OF CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. JOULE STUDIOS, INC. 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 JOULE STUDIOS, INC.’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JOULE STUDIOS, INC., 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.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Joule Studios, Inc. 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 Joule Studios, Inc. or to 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 the non-binding mediation in Colorado. Both you and Joule Studios, Inc. 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.

Choice of Law

 This Agreement shall be construed in accordance with the laws of the State of Colorado, 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 Colorado. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Joule Studios, Inc.’s right to require strict observance of each of the terms herein.

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.

Termination

These terms are effective unless and until terminated by either you or Joule Studios, Inc. 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 judgement 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.

Entire Agreement

These terms represent the entire agreement regarding your use of the Website. The terms of Service may be modified from time to time by us by providing notice of such update on the Website or via email notice to you.

Waiver
By signing up, electronically or manually, for and/or attending group or individual fitness workouts, activities, charity events, special group rides and happenings at Joule Studios, Inc., you hereby agree that there are certain inherent risks and dangers related to and involved with indoor/outdoor cycling, yoga (including hot yoga), TRX, strength training, running, and any/all other exercise workouts and activities offered by and relating to Joule Studios, Inc. It is agreed and understood that there is a danger of injury when participating in the above referenced workouts as well as all other exercise workouts offered by Joule Studios, Inc.
In consideration of being allowed to participate in and having access to all workouts and facilities provided by Joule Studios, Inc., in addition to the payment of any fee or charge, you hereby agree to:
(1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the classes and facilities
(2) waive, release and forever release and discharge, Joule Studios, Inc.’s officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the classes, instruction and facilities, and
(3) represent you have no medical or physical condition which would prevent you from attending classes and/or using the facilities at Joule Studios, Inc.
(4) you further agree to avoid and will not participate in any activity on the premises or that is in any way associated with Joule Studios, Inc. that has any possibility of putting you in any physical or medical danger.
(5) by signing up and/or attending any classes, workout, activities, charity events or programs, you are confirming that you have not been instructed by a physician not to do so. Joule Studios, Inc., hereby advises individuals with chronic disabilities or conditions that they may be at risk when attending any classes, workouts and/or using facilities, and are therefore advised against doing so. Joule Studios, Inc. also advises you that if, in the opinion of a Joule Studios, Inc. staff member or contractor, you may be at physical risk or you may cause physical risk to others by attending any class, workout or activity or by using facilities belonging to Joule Studios, Inc., we reserve the right to prevent you from participating in this activity or workout, and where necessary, from entering into Joule Studios, Inc.’s facilities.