PERSONAL TRAINING SERVICES AGREEMENT

This Personal Training Services Agreement (this “Agreement”) is entered into between Michael Johnson Performance, Inc. (“MJP”) and the undersigned client (“Client”), to be effective as of .

In consideration of the mutual promises and covenants set forth below, the receipt and sufficiency of which are acknowledged, Client agrees to purchase athletic training services from MJP, and MJP agrees to deliver athletic training services to Client, upon the following terms and conditions:

1. Client Information:

Name:
Address:	, , ,
Phone: (cell)
(home):
(work):
Email:
*Emergency Contact or Parent/Legal Guardian (required for all athletes):
Name:
Phone:
Relationship:
2nd Contact or Parent/Legal Guardian:
Name:
Phone:

*Preferred Start Date:
*Shirt Size:
*Main Sport:
*What is your primary athletic goal?
Secondary Sport:
Athlete's Primary Club Team:
Athlete's School:
Athlete's Agent (if applicable):

Have you trained with MJP in the past?

2. Price and Payment; Services Purchased: Client hereby purchases, and MJP agrees to deliver to Client, the agreed upon training program (the “Training Services”). All Training Services shall be supervised and directed by MJP personnel (as designated by MJP), either at the Michael Johnson Performance Center at Craig Ranch, 6051 Alma Drive, McKinney, Texas 75070, or such other location as agreed and required by the Training Services purchased by Client. All training schedules are subject to change prior to first session.

3. Health Spa Registration. MJP holds a Health Spa Operator’s Certificate of Registration issued by the Texas Secretary of State under Registration No. 20070094.

4. Refund Policy. Except as specified by the Texas Health Spa Act (see notice below), all training is non-refundable and non-transferable. This includes voluntary termination of this Agreement by Client and termination of this Agreement by MJP for cause. In the event of an injury or illness to Client (confirmed by a physician) that prevents Client from participating in any Training Services, when possible, the unused portion of the Training Services will be held as a credit for Client’s benefit until Client is medically cleared to resume participation.

5. Rules and Regulations. MJP reserves the right to promulgate Rules and Regulations (herein so called) governing the use of MJP’s facilities, or any other facility or location where MJP Training Services occur, by all persons. By its signature below, Client acknowledges receipt of MJP’s current Rules and Regulations. MJP reserves the right to change or add to the Rules and Regulations at any time in its sole discretion. Client agrees to abide by and follow the Rules and Regulations at all times while present at the MJP facility or participating in training with MJP personnel. MJP reserves the
right to terminate this Agreement for Client’s failure to comply with any of the Rules and Regulations adopted by MJP, without liability for a refund of unused Training Services.

6. Continuing Waiver and Release of Liability and Indemnification. Prior to commencing the Training Services, Client agrees to execute MJP’s Continuing Waiver and Release of Liability and Indemnification (the “Waiver”). The Waiver covers all future Training Services that Client may purchase from MJP, and it shall not be necessary for Client to execute a separate Waiver for each Training Service purchased from MJP.

7. Waiver of Claims. Client hereby acknowledges the existence of certain risks inherent in the strenuous physical activity and exercise that will take place during the Training Services, and Client hereby assumes the full risk and responsibility for any injury Client may sustain in the course of training with MJP or Client’s use of MJP’s facilities and/or equipment. Specifically, Client hereby accepts full responsibility for and hereby waives any claim Client may have against MJP for any injury to Client’s person or property arising from or related to any activity conducted or sponsored by MJP, whether occurring at MJP’s training facility or elsewhere, including, but not limited to, the use of exercise equipment and participation in training sessions and supervised and unsupervised activities (including, but not limited to, activities in the swimming pool, on the running track [whether on-site or off-site], or in the weight room or gym) as well as all other individual and group activities at MJP. In addition, Client hereby accepts full responsibility for any injury to Client’s person or property arising from Client’s use of MJP’s facilities in general, including but not limited to, MJP’s locker rooms, dressing rooms and shower rooms. MJP shall not be responsible or liable to Client or Client’s guests for articles damaged, lost or stolen in or about MJP, or in lockers, or for loss or damage to any property, including, but not limited to, automobiles and the contents thereof.

HAVING READ THE PRECEDING, CLIENT ACKNOWLEDGES CLIENT’S UNDERSTANDING OF THE RISKS SET FORTH HEREIN, KNOWINGLY AGREES TO ACCEPT FULL RESPONSIBILITY FOR CLIENT’S OWN EXPOSURE TO SUCH RISKS AND DOES HEREBY EXPRESSLY FOREVER RELEASE AND DISCHARGE MJP, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS OR CAUSES OF ACTION THAT MAY ARISE FROM CLIENT’S PARTICIPATION IN ANY ACTIVITY CONDUCTED OR SPONSORED BY MJP, WHETHER OCCURRING AT MJP’S TRAINING FACILITY OR ELSEWHERE. IN ADDITION, THE UNDERSIGNED HEREBY AGREES TO HOLD HARMLESS AND INDEMNIFY MJP, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL COSTS, LIABILITIES OR LOSSES ARISING FROM CLIENT’S, OR CLIENT’S INVITEE’S, PARTICIPATION IN ANY ACTIVITY CONDUCTED OR SPONSORED BY MJP, WHETHER OCCURRING AT MJP’S TRAINING FACILITY OR ELSEWHERE.

8. Miscellaneous.

A) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators and legal representatives. As used herein, the term “Client” shall also refer to and include Client’s legal guardian or other authorized representative that signs this Agreement on behalf of Client. In the event that Client is a minor, any person signing this Agreement on behalf of Client hereby represents and warrants to MJP that he or she is in fact duly qualified at law to represent Client, and is authorized to do so. As used herein, the term “MJP” shall include its duly authorized directors, officers, employees and agents.

B) Notices. Any notices or any other communications required hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, addressed to Client or to MJP at their respective addresses shown above, or at such other address that shall be furnished in writing by any party to the other, and shall be deemed to have been given as of the date so delivered or deposited in the United States Mail, as the case may be.

C) Choice of Law. It is intention of the parties that the laws of Texas should govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties.

D) Severability. The provisions of this Agreement shall be severable, and if any provision shall be held unenforceable by a judicial decision directly binding upon any party, the remaining provisions shall, nevertheless, remain in full force and effect.

E) Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue for any arbitration arising out of this Agreement shall be in Collin County, Texas.

9. Statutory Notices.

(1) “NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.”

(2) “IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT, A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 6051 ALMA ROAD, MCKINNEY, TEXAS 75070.”

(3) “IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: 6051 ALMA ROAD, MCKINNEY, TEXAS 75070.”

(4) “IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THIS DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 6051 ALMA ROAD, MCKINNEY, TEXAS 75070.”

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

MICHAEL JOHNSON PERFORMANCE MAKE-UP POLICY

The policies listed herein are the full extent of the MJP make-up policy. Any service or product not included are ineligible for make-up. As described in the Personal Training Services Agreement, all training is non-refundable and non-transferable. In the event of an injury or illness to Client (confirmed by a physician) that prevents Client from participating in any training services, when possible, the unused portion of the training will be held as a credit for Client’s benefit until Client is medically cleared to resume participation. However, due to the specialized nature of MJP training, programs may have limited or no make-up option to the Client.

MJP NEXTGEN/YOUTH MAKE-UP POLICY

NextGen Core Programs

NextGen Core Programs include Learn to Train (LT), High School Prep (HSP), College Prep (CP), and Speed School (SS).

In the event that Client misses a regularly scheduled training session, MJP will use good faith efforts to reschedule such sessions with Client. Client is entitled to one (1) make-up session per every six (6) sessions purchased. Make-up sessions must be used no later than two (2) weeks after conclusion of the last regularly scheduled training session. There are no refunds for unused training sessions. All make-up sessions must be scheduled with and confirmed by MJP on a case-by-case basis.

After make-ups have been completed (per above policy), any unused/remaining training sessions will be added to the next program purchased provided the unused/remaining training sessions are completed within 1 year of original start date.

Camps

MJP has no duty or obligation to offer any make-up sessions on any camp including Holiday Camps and Summer Camps.

Specialty Programs

MJP Specialty Programs include all NextGen programs outside the Core Programs and Camps. These include, but are not limited to, Team Training, Baseball Performance, Basketball Performance, Football Performance, Hockey Performance, Soccer Performance, and Fall Prep programs.

Client is entitled to two (2) make-up sessions for any Specialty Program. Make-up sessions will be in an age-specific Core Program (LT, HSP, CP) and be based upon class schedule and availability. Make-up sessions must be used no later than two (2) weeks after conclusion of the last regularly scheduled training session. All make-up sessions must be scheduled with and confirmed by MJP on a case-by-case basis.

MJP HIGH/PRO-ELITE PERFORMANCE MAKE-UP POLICY

High Performance

MJP High Performance programs include College, Elite, Elite Young Athletes (EYA), Pro Intensive Training, and Professional Sport Programs.

The MJP High Performance Client is entitled to two (2) make-up sessions for every month package purchased. Make-up sessions must be used no later than two (2) weeks after conclusion of the last regularly scheduled training session. There are no refunds for unused training sessions. All make-up sessions must be scheduled with and confirmed by MJP on a case-by-case basis. Any purchased sessions that span less that one (1) month are not eligible for any make-up session.

Pre-Draft

MJP has no duty or obligation to offer any make-up sessions on any pre-draft programs including NFL Combine, Pro Day, NBA Pre-Draft training.

Advanced Athlete Assessment (AAA)

MJP has no duty or obligation to offer any make-up sessions on the Advanced Athlete Assessment if cancelled within 48 hours prior to scheduled testing date.

MICHAEL JOHNSON PERFORMANCE RULES & REGULATIONS

MJP RESERVES THE RIGHT TO REFUSE SERVICE OR ENTRY TO ANYONE IN VIOLATION OF THESE RULES & REGULATIONS

No outside food or beverages allowed in the training area.
No unauthorized photography is allowed at MJP
Use of mobile phones and mobile phone cameras are strictly prohibited in the training area, locker rooms, Nike Lab, and PT clinic.
Family, friends, and visitors are not authorized to enter the training area or PT clinic unless accompanied by an MJP team member.
Family, friends, and visitors are allowed to observe in a designated viewing area.
Disruptive behavior including fighting, conduct that is physically, verbally or sexually threatening or intimidating is prohibited.
Use of obtrusive, harassing, abusive, profane, obscene, or racially insensitive language is prohibited.
The use or possession of any alcoholic beverages, drugs, or illegal substances is forbidden on MJP property.
The possession of weapons, explosives, or firearms on MJP property is forbidden.
Gambling on MJP property will not be tolerated.
All cars must be parked in designated parking spaces. Cars illegally parked in a handicap space or fire lane will be towed at the owner’s expense.
Wearing clothing with inappropriate wording or designs; or clothing deemed as unfit for the MJP environment are not allowed.

CONTINUING WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION

I, , am executing the following Continuing Waiver and Release of Liability and Indemnification (this “Release”) as a condition to act as a participant (“Participant”) in athletic training (“MJP Training”) and/or physical therapy services, offered by Michael Johnson Performance, Inc. (“MJP”), and Michael Johnson Performance Physical Therapy. This Release covers all services offered to me by MJP, including, but not limited to: MJP Training, physical therapy, hydrotherapy, nutritional counselling, sports vision testing, biomechanical assessment, independent training, including any use of equipment and facilities wherever and whenever training may be held, whether at the Michael Johnson Performance Center at Craig Ranch, 6051 Alma Road, McKinney, Texas 75070 (the “MJP Center”), or some other location. By signing below, I, as the Participant (or, if applicable, Participant’s legal guardian) expressly understand, assume and consent to all the terms, conditions and risks set forth herein.

Continuing Nature of Release. This Release covers all future MJP Training that I participate in until it is expressly terminated by me in writing, such that MJP may rely upon this Release in permitting my participation in any MJP Training over any period of time subsequent to the effective date shown below. I acknowledge that, if I am under the care of a physician, it is my obligation to consult with my physician before commencing any MJP Training, and I agree to do so and to advise MJP if I have been advised against participation in any MJP Training by my physician. I acknowledge that this Release covers any training activity engaged in by me, whether at the MJP Center or elsewhere, that is outside the scope of formal training activity directed by MJP personnel, and expressly covers any unsupervised activity by me.
Participant’s Assumption of Risk.
A) I represent that I am at least eighteen (18) years of age or older, or, if I am not 18 years of age, that this Release has been countersigned on my behalf by my legal guardian. I hereby further state that I currently suffer from no physical or mental condition that would impair my ability to fully participate in MJP Training.
B) By signing below, I further understand and agree that participation in MJP Training is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, I agree that I assume the risk of participating in MJP Training, including any such risk of death, injury and other losses and damages sustained by me arising out of or in connection with MJP Training or any system or equipment used in connection with MJP Training. I further understand and agree that MJP Training involves a variety of activities requiring intense physical activity at a high intensity heart rate level and I acknowledge that MJP has advised me I should consult with my physician before participating in MJP Training. I certify that I am physically fit and sufficiently trained for participation in MJP Training and that I have not been advised against participation by a qualified health professional.
C) If I am under the care of a physician, my participation in MJP Training will be made known to my physician by me. My involvement in MJP Training will be in accordance with my physician’s instructions regarding MJP Training. MJP and its respective representatives shall in no way be responsible for my compliance with my physician’s instructions. I expressly agree that I am solely responsible for my compliance with my physician’s instructions.
D) I shall be liable for any damages to MJP or its property caused by me or my guests.
Indemnification. I hereby indemnify, release and discharge MJP and its owners, directors, officers, employees and agents from any liability, claims, losses, judgments, costs, or expenses arising directly or indirectly from my participation in MJP Training, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theories. I further indemnify, release, and forever discharge MJP from any liability, claims, losses, costs or expenses arising directly or indirectly from my use of the MJP Center or MJP Training.
Disclaimer.
A) I hereby acknowledge that MJP Training is provided “AS IS”, without warranties of any kind, express or implied, nor am I guaranteed any individual results. I am personally responsible for the achievement of my individual performance goals. I further understand and agree that MJP and its respective representatives expressly disclaim any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract negligence, tort, or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to MJP Training or any products offered or endorsed by MJP or its respective representatives. Under no circumstances shall MJP or its respective representatives be liable for special, indirect, incidental or consequential damages of any nature whatsoever.
B) I hereby waive and release MJP and its respective representatives from any claims based on any oral or written statements made prior to or contemporaneous with this Release and disclaim any reliance on any such statements.
Acknowledgement of Release Terms and Conditions. I acknowledge that this Release shall be binding upon me and my respective heirs, executors, administrators and legal representatives. As used herein, the terms “Participant,” “I,” and “me” or “my” shall also refer to and include my legal guardian or other authorized representative that signs this Release on behalf of me. In the event that Participant is a minor, any person signing this Release on behalf of Participant hereby represents and warrants to MJP that he or she is in fact duly qualified at law to act for and bind Participant, and is authorized to do so. As used herein, the term “MJP” shall include its duly authorized directors, officers, employees and agents. This Release commences in effect as of the date shown below and shall continue in effect not only for the MJP Training referenced above, but for any and all future activities that I may engage under the supervision of MJP, or the supervision of an MJP authorized third party, regardless of whether such activities are conducted at the MJP Center or elsewhere, such that it shall not be necessary for me to execute a separate Release each time I engage the services of MJP, although I agree to do so if requested by MJP in the future.
Copyright. I hereby grant to MJP the non-exclusive and perpetual right to (a) interview, photograph, or otherwise capture the image of Participant, both in still and motion pictures, (b) record Participant’s voice, separately and in synchronization with images, by any means known or hereafter discovered, and (c) use and duplicate such photographs or other images, whether in print, videotape, digital, or other formats, and reproduce the voice of Participant, separately or together with such images for all purposes. All copies of Participant’s image, likeness, and voice created or recorded by MJP hereunder shall be the exclusive property of MJP. I agree that the copyright in any work captured by MJP hereunder shall be the exclusive property of MJP, with all such rights in and to said work having been transferred by me to MJP hereby.
Collection of Information. I understand that MJP may collect information from or about me including but not limited to, my name, image, birth date, contact information, physical characteristics and other information about my body, athletic performance, and physical condition. I acknowledge that MJP will store this data in the United States and may use the data for any lawful purpose, including but not limited to, designing and improving products, providing performance evaluations to me and my coaches, and better understanding the impacts of specific activities and products on athletic performance over time. MJP may also share the data it collects with affiliated companies and partners, including Nike, Inc.

IN WITNESS WHEREOF, this Release is executed to be effective as

MICHAEL JOHNSON PERFORMANCE, INC.:

Bryan McCall
Bryan Mcall

Signature of Adult Participant or Parent/Legal Guardian (if minor is under 18):

Clear

(draw your signature)

MJP COVID-19 WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION

I, , am executing the following COVID-19 Waiver and Release of Liability and Indemnification (this “Supplemental Release”) as a condition to act as a participant (“Participant”) in athletic training (“MJP Training”) and/or physical therapy services (“PT Services”), offered by Michael Johnson Performance, Inc. and/or MJP Physical Therapy, LLC (collectively referred to herein as “MJP”). This Supplemental Release is a supplement to and is a part of the Continuing Waiver and Release of Liability and Indemnification (the “Original Release”) executed by me in favor of MJP, and the Original Release remains in full force and effect as originally written. By signing below, I, as the Participant (or, if applicable, Participant’s legal guardian) expressly understand, assume and consent to all the terms, conditions and risks set forth herein.

1. Participant’s Compliance with COVID-19 Restrictions.

A) I have truthfully answered MJP’s COVID-19 screening questions, and specifically confirm that in the previous 14 days I have had no contact with someone with a confirmed diagnosis of COVID-19, is under investigation for COVID-19, or is ill with a respiratory illness. I confirm that I do not presently have any of the commonly recognized symptoms of COVID-19, including loss of taste or smell, diarrhea, muscle pain, headache, chills or repeated shaking within the last 48 hours, or fever in the last 72 hours. I confirm that I have not traveled internationally or to current “hotspots” within the United States as identified by MJP within the last 14 days.

B) At any time while present at the MJP Center, if I begin to experience ANY of the symptoms described above, I will notify MJP staff, leave the MJP Center and not return to the MJP Center until I have been symptom free for a period of at least 14 days.

C) While present at the MJP Center, I will comply with all MJP guidelines and specific COVID-19 policies and instructions from MJP staff, and I acknowledge and agree that I may be asked to leave the MJP Center, without refund, if I fail to do so.

2. Participant’s Assumption of Risk.

A) I represent that I am at least eighteen (18) years of age or older, or, if I am not 18 years of age, that this Supplemental Release has been countersigned on my behalf by my legal guardian. I hereby further state that I currently suffer from no physical or mental condition that would impair my ability to fully participate in MJP Training or PT Services.
B) I further understand and agree that participation in MJP Training or PT Services is voluntary, and that such participation at this time carries with it certain inherent and unavoidable risks, including (in addition to those risks specified in the Original Release) the risk of exposure to or infection with COVID-19, and the potential increased risk of injury caused by training with certain COVID-19 precautions, such as wearing a face-mask or long sleeve attire.

3. Indemnification. I hereby indemnify, release and discharge MJP and its owners, directors, officers, employees and agents from any liability, claims, losses, judgments, costs, or expenses arising directly or indirectly from my exposure to or infection with COVID-19 at the MJP Center while participating in MJP Training or PT Services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theories. I further indemnify, release, and forever discharge MJP from any liability, claims, losses, costs or expenses arising directly or indirectly from my use of the MJP Center or MJP Training or PT Services.

4. In Event of Future Closure of MJP Center. Participant acknowledges and agrees as follows: (i) conducting in-person athletic training during the COVID-19 pandemic is unpredictable, and includes the possibility that the MJP Center may, at times, reduce building capacity or close its doors as a result of COVID-19 (a “Closure”); (ii) in the event of a Closure or the should the MJP Center need to operate at a reduced capacity as a result of a mandate by government authorities or in the sole discretion of MJP to keep athletes and employees safe, MJP reserves the right to move training sessions purchased by Participant to outdoor or virtual/digital training via a digital training platform and/or virtual video coaching platform; and (iii) in the event of a Closure, or conversion of sessions to outdoor or virtual/digital training, Participant shall not be eligible for a refund of any amounts previously paid by Participant to MJP for training.
5. Acknowledgement of Supplemental Release Terms and Conditions. I acknowledge that this Supplemental Release shall be binding upon me and my respective heirs, executors, administrators and legal representatives. As used herein, the terms “Participant,” “I,” and “me” or “my” shall also refer to and include my legal guardian or other authorized representative that signs this Supplemental Release on behalf of me. In the event that Participant is a minor, any person signing this Supplemental Release on behalf of Participant hereby represents and warrants to MJP that he or she is in fact duly qualified at law to act for and bind Participant, and is authorized to do so. As used herein, the term “MJP” shall include both Michael Johnson Performance, Inc. and/or MJP Physical Therapy, LLC, as warranted by the context, and their respective duly authorized directors, officers, employees and agents, and the term “MJP Center” shall refer to the MJP training facility located at 6051 Alma Road, McKinney, Texas 75070. This Supplemental Release commences in effect as of the date shown below and shall continue in effect not only for the MJP Training or PT Services referenced above, but for any and all future activities that I may engage under the supervision of MJP, or the supervision of an MJP authorized third party, regardless of whether such activities are conducted at the MJP Center or elsewhere, such that it shall not be necessary for me to execute a separate Supplemental Release each time I engage the services of MJP, although I agree to do so if requested by MJP in the future.

IN WITNESS WHEREOF, this Supplemental Release is executed to be effective as of .

MICHAEL JOHNSON PERFORMANCE, INC.:

Bryan McCall

Signature of Adult Participant or Parent/Legal Guardian (if minor is under 18) below:

Participant Information:

First Name:	Last Name:	Birth Date:
Address:	City:	State:
Zip:	Email:	Phone:

Relationship to minor:

Full Name and Birth Date of family members under the age of 18

#1	First Name:	Last Name:	Birth Date:
#2	First Name:	Last Name:	Birth Date:
#3	First Name:	Last Name:	Birth Date:
#4	First Name:	Last Name:	Birth Date:
#5	First Name:	Last Name:	Birth Date:
#6	First Name:	Last Name:	Birth Date:
#7	First Name:	Last Name:	Birth Date:
#8	First Name:	Last Name:	Birth Date:
#9	First Name:	Last Name:	Birth Date:
#10	First Name:	Last Name:	Birth Date:

Put Your Legal Signature Below

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Date and Time Signed:

By checking this box I agree to have read and agree to the legal agreement above.

Send me emails about Account Management, Reminders, and Schedule Changes

Send a copy of this Personal Training Agreement to my email

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Our Privacy Policy

PLEASE NOTE THAT WAIVERKING, INC.’S (“WaiverKing”) PRIVACY POLICY HAS CHANGED EFFECTIVE May 25th, 2018.

You acknowledge that this privacy policy is a part of our website’s Terms of Service, and by accessing or using our website, you agree to be bound by all of its terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, AS UPDATED, PLEASE IMMEDIATELY STOP ACCESSING THE WEBSITE.

This document explains how we use your personal data.

When you sign up to use this service provider’s services, you do so through software provided by us, WaiverKing.

We are committed to ensuring the privacy of all users of our software and services and other visitors to our website. In this policy we explain how we hold, process and retain your personal data.

In respect to the account data, waiver data, and payment data (as defined below) that you provide to us, we are acting as a data processor on behalf of the service provider, who will be acting as the data controller in respect to such data. We will never store or control this data. You should direct any requests or queries you have regarding this data to the data controller, your service provider.

1. How we use your personal data

1.1. This section provides you with information about:

a) what personal data we hold and process;

b) in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;

c) the purposes for which we may process your personal data; and

d) the legal grounds on which we process your data.

Members and end users of our services

1.2. Account data. We may process information about you that you provide to us when you first sign up with a service provider ("account data"). This account data may include your name, address, telephone number, email address, date of birth, gender, employment details, and a photograph of you. We may use this data to create your account with the service provider when you sign up. This account data may be updated each time you complete a document through our software. We do not process your account data in any other way, or have access to it in any way.

The legal basis for this processing is our legitimate interests in providing our services to our clients, and ensuring that your account is updated each time that you complete a document through our software.

1.3. Waiver data. If you are using our software in order to sign documents such as a waiver, health form, contract, or questionnaire, we may process information that you put into such documents (“waiver data”). This waiver data may include your name, signature, date of birth, email address, information about your health and medical history, and any other information that you are required or requested to put into the document.

Once you have completed the document, we will process it, convert the document into a different format, and send it to your account with the service provider in order for it to be stored. We will never store your data permanently on our systems (although it may be stored in your account with your service provider).

The purpose for our processing your data in this way is to maintain and administer a complete and accurate record of the documents that you have signed and completed for your service provider. The legal basis for our processing your waiver data (to the extent that such waiver data does not class as a special category of personal data), will be our legitimate interests in providing our services to our clients who have asked you to complete the document in question, in order to ensure that a complete and accurate record of your signing and completing the documents is maintained and administered.

1.4. Sensitive Personal Data. During the course of using our software and services and providing us with information in order for us to provide our services to you, you may provide us with sensitive information about yourself (“sensitive data”). This sensitive data may include your health and medical history. We may use this data for providing our services to you. However, we will only process this sensitive data if you consent to us doing so.

[The consent to use this information needs to be provided by the parent for children under the age of 13. Anyone over the age of 13 can provide consent for use of their data under GDPR]

We comply with the requirements of the Children’s Online Privacy Protection Act. You must be at least 18 years old to have our permission to use the WaiverKing website. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to this privacy policy.

Other processing that we may carry out

1.5. Website data. We may process data about your use of our website and services ("website data"). The website data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the website data is our analytics tracking system. This website data may be processed for the purposes of analyzing the use of the website and services.

The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

We may also process this data for the purposes of diagnosing any issues we detect in relation to the use of our products or services. This data may be collected by our error-tracking software which is provided by Rollbar. We always try to ensure that any such data is anonymized so that you cannot be identified before it is stored in our records.

The legal basis for this processing is our legitimate interests in monitoring and improving our products and services.

1.6. Enquiry data. We may process information contained in any enquiry you submit to us regarding our products or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you.

The legal basis for this processing is our legitimate interests, namely dealing with and responding to your enquiry appropriately.

1.7. Notification data. We may process information that you provide to us for the purpose of subscribing to our blog and press releases ("notification data"). The notification data may be processed for the purposes of sending you newsletters.

Where you are a corporate customer, the legal basis for this processing is our legitimate interests, namely the marketing of relevant products and services to you.

1.8. Correspondence data. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

1.9. Payment data. We do not process payment information relating to goods and services that you purchase from the service provider. However, we do capture certain data relating to your payments and use them to update your account with the service provider ("payment data"). The payment data may include your contact details, your card details and the transaction details. The payment data may be processed for the purposes of updating your account with the service provider. The legal basis for this processing is our legitimate interests, namely our interest in the proper administration of our software and ensuring your account with the service provider is updated.

1.10. Other processing activities. In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2. Providing your personal data to others

2.1. To our clients and partner service providers. The only third parties that we will disclose your personal data to are our clients (your service provider) who is the data controller in respect to the account data, waiver data, and payment data that we collect about you, and MINDBODY Inc. (“MINDBODY”), who provide software services to service providers in conjunction with the WaiverKing software. Your accounts are created by WaiverKing in the MINDBODY software on behalf of our clients.

2.2. Our insurers/professional advisers. We may disclose your personal data to our insurers, legal counsel, and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.

2.3. Where we provide your personal data to any third party. Where we share your personal data with any of the third parties referred to above, we will ensure this processing is protected by appropriate safeguards including a suitable data processing agreement with that third party.

2.4. To comply with legal obligations. In addition to the specific disclosures of personal data detailed above, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation we have to comply with, or in order to protect your vital interests or the vital interests of another individual. This may include disclosing your personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

2.5. We take reasonable and appropriate steps to ensure that third-party agents and service providers process your personal data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances and pursuant to applicable laws, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of your personal data that we transfer to them.

3. Transfers of your personal data outside of the European Economic Area

As further detailed below, we may transfer your personal data to our servers based in the US, as we are part of the Privacy Shield. Otherwise, where your personal data is transferred outside of the EEA, we will ensure that either (a) The European Commission has made an "adequacy decision" with respect to the data protection laws of the country to which it is transferred, or (b) we have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data. In all cases, transfers outside of the EEA will be protected by appropriate safeguards.

4. Retaining and deleting personal data

4.1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Details about members of our clients (your service provider) and end users of our services, including the account data, waiver data and sensitive personal data, will not be stored by WaiverKing.

4.2. Unless we contact you and obtain your consent for us to retain your personal data for a longer period, we will retain and delete your personal data as follows:

a) Website data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

b) Enquiry data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

c) Notification data (other than Notification data that is also Contact data) will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

d) Correspondence data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

4.3. We may retain your personal data where such retention is advisory and/or necessary for compliance with a legal obligation to which we are subject (such as with regard to applicable statutes of limitations, litigation or regulatory investigations), or in order to protect your vital interests or the vital interests of another natural person.

5. Your rights

5.1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

a) your request not being found to be unfounded or excessive, in which case a charge may apply; and

b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a notarized photocopy of your driver’s license and/or passport and an original copy of a utility bill showing your current address).

5.2. We may withhold personal information that you request to the extent permitted by law.

5.3. You may instruct us at any time not to process your personal information for marketing purposes.

5.4. In practice, you will usually expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

5.5. Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies.

5.6. Your right to correct. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies corrected. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.

5.7. Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: (1) it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; (2) you withdraw your consent to any processing which requires consent; (3) the processing is for direct marketing purposes; and/or (4) the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for establishing, exercising or defending legal claims.

5.8. Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. These circumstances include the following: (1) you do not think that the personal data we hold about you is accurate; (2) your data is being processed unlawfully, but you do not want your data to be erased; (3) it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and/or (4)you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

5.9. Your right to object to processing. You can object to us processing your personal data where our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim.

5.10. Your right to object to direct marketing. You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose.

5.11. Your right to data portability. Where you have given us consent to process your personal data, or where we are processing your personal data for the performance of a contract, you have a legal right to receive a copy of the personal data we hold about you in a structured, commonly used and computer readable format. When a data request is made of us we will make available all applicable personal data to you in a computer readable format and will transmit your personal data to the appropriate third party pursuant to your instruction. We will not process your data in this way if we believe that it may pose a threat to the security of the data.

5.12. Your right to object for statistical purposes. You can object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest.

5.13. Automated data processing. To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and computer-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others.

5.14. Complaints to a supervisory authority pursuant to the GDPR. If you think that our processing of your personal data infringes data protection laws, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. This provision is only applicable if you are subject to the protections of the GDPR.

5.15. Complaints if you are not subject to the protections of the GDPR. If you think that our processing of your personal data infringes data protection laws you may contact us via email at privacy@waiverking.com or mail at: WaiverKing, Inc. 340 S Lemon Ave # 2018 Walnut, California 91789.

5.16. Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

5.17. Exercising your rights. You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified above.

5.18. Point of Contact Data. PARAGRAPHS 5.1 – 5.17 SHALL NOT APPLY TO ACCOUNT DATA, WAIVER DATA, OR PAYMENT DATA OBTAINED OR PROCESSED BY WAIVERKING. IN RESPECT OF SUCH DATA:

a) WAIVERKING IS ACTING AS A PROCESSOR OF THAT DATA AND THE MAIN CONTRACTOR IS THE CONTROLLER;

b) YOU SHOULD CONTACT THE SERVICE PROVIDER TO EXERCISE THE RIGHTS SET OUT IN THIS PARAGRAPH 5

6. Links To Other Websites. Except as otherwise discussed in this privacy policy, this document only addresses the use and disclosure of information we collect from you. Other websites accessible through our website have their own privacy policies and data collection, use, and disclosure practices. Please consult each website’s privacy policy. We are not responsible for the policies or practices of third parties, including any third-party site or other products and services used in connection with WaiverKing’s services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as, Apple, Google, Microsoft, or any other operating system provider, wireless service provider or device manufacturer, including any personal data you disclose to other organizations through or in connection with WaiverKing’s services.

7. Security of Your Information. The security of personal data is a high priority at WaiverKing. We seek to use reasonable technical, administrative and physical safeguards to protect personal data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

8. IP Addresses and Cookies. Cookies are very small text files that are stored on your computer when you visit some websites.

We use cookies to help identify your computer, including where available, your IP address, operating system and browser type, for system administration so we can keep your activity secure, tailor your user experience and remember your preferences. This is statistical data and does not identify any individual. You are always free to decline our cookies if your browser permits, but some parts of our website may not work properly.

9. Your California Privacy Rights: Notice to California Customers and Opt-Out Information. Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personal data, as defined under California law, during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, you must supply appropriate evidence of your identity and attest to the fact that you are a California resident and provide a current California address for our response. You may request the information by writing to privacy@waiverking.com

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. California residents are entitled to know how WaiverKing, Inc. responds to “Do Not Track” signals. How browsers communicate the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed by the appropriate technology communities. For this reason, we do not respond to Do Not Track signals currently. To opt out of direct advertising on our website, please send a request to the address above. The effect of an opt-out will be to stop direct advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics, and internal online services operation purposes).

10. Privacy Shield Framework

10.1. WaiverKing Inc. complies with the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. WaiverKing has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

10.2. In compliance with the Privacy Shield Principles, WaiverKing commits to resolve complaints about our collection or use of your personal information. Any individual(s) with inquiries or complaints regarding our Privacy Shield policy should contact us at: privacy@waiverking.com

10.3. WaiverKing Inc. has further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services (JAMS), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain situations, you may also have the right to pursue binding arbitration under the Privacy Shield Framework.

10.4. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with WaiverKing Inc. and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see U.S. Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).

10.5. For purposes of enforcing compliance with the Privacy Shield, WaiverKing is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission.

10.6. WaiverKing Inc. is controlled and operated by us from the United States. Except where you are a resident of a Member State of the EU, in which case paragraphs 2 and 3 above will apply, your personal data may be stored and processed in any country in which we engage service providers, and by using WaiverKing’s services you understand that your information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal data. Regardless of where your information is processed, we apply the same protections described in this policy.

11. Changes to the privacy policy. We reserve the right to change this policy at any time, without prior notice to you. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address provided by you or posting the revised policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address and/or review the WaiverKing website and this policy periodically, and be aware of any modifications. Your continued use of the WaiverKing website after such modifications will constitute your: (a) acknowledgment of the modified policy; and (b) agreement to abide and be bound by the modified policy.

12. Our details

12.1. This website and software is owned and operated by WaiverKing Inc.

12.2. We are registered in the state of California under registration number C3518177, and our registered office is at 340 S Lemon Avenue, # 2018 Walnut, California 91789.

12.3. You can contact us:

a) by mail, using the postal address given above;

b) using our website contact form;

c) by telephone, on the contact number published on our website from time to time; or

d) by email, using the email address published on our website from time to time.

13. Data protection officer

Our data protection officer may be contacted via email: privacy@waiverking.com, or telephone: +1 (888) 211-6693.

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