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Studio Registration & Membership Enrolment

Client Name:

*Emergency Contact: Phone:

All clients must observe the following studio rules, designed for safety and enjoyment of the program

All clients/members are required schedule their classes in advance and to check-in at the front desk each time upon entrance to the facility. Anyone who shows up after the warm-up period of the session will not be admitted to the session.

Proof of Age: Persons may be required to provide valid proof of age prior to purchasing a membership or personalized training services. In some circumstances parental/guardian consent may be required.

Lost or Stolen Items: Fit Body Fitness Training is not responsible for the loss, theft, or damage to personal property.

Footwear: Athletic footwear must be worn in exercise areas at all times. NO STREET SHOES OR SANDALS ARE PERMITTED. In order to keep our flooring protected, we ask that you

For your safety and protection of the studio floors, no gum, food, or beverages (including water) allowed on the studio exercise areas. Water is allowed in the entryway or off-matt areas of the studio.

You must report any injuries, illnesses, or other health concerns that could impact your session to your trainer(s) in each session. If a trainer feels that you are overextending yourself, lifting too heavy, not using correct form, etc. you must comply with safety concerns. Your trainer may encourage you to work to your personal capacity; however you are never obligated to work outside of your personal comfort/safety zone.
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Meal Plan (80% of Overall Results)
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Meal Plan Support, Recipes, Menus, etc. are provided when you begin your program. In order to receive meal plan updates, all meals must have a photo food journal updated each day, weekly weigh-ins with measurements in FitClients, and weekly progress photos in FitClients

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Training Plan (20% of Overall Results)
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Training sessions five (5) days per week, scheduled in advance. You should plan to show up for at least 4 sessions per week. Additional targeted sessions are available. Fitness Assessments available as you progress, testing is optional but no additional charges. Fitness Assessments will allow for progressively advanced training exercises (optional).

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of the State of Queensland, Australia.

Automatic Payment Authorization

Client hereby authorises Fit Body Fitness Training to charge my credit card, debit card or checking account immediately and then, at the end of the seven day trial period, charge my credit card, debit card, or checking account on a monthly basis in the amount corresponding to my selected program until I cancel pursuant to the terms of the cancellation policy of this Agreement.

Fit Body Fitness Training requires 28 day notification to stop automatic debiting. Notification must be in a consultation appointment in order to fill out paperwork to stop automatic debiting. The next regularly scheduled payment falling within 28 days after written notification is submitted may be processed in part or in full for said month determined by account reconciliation and further payments will be terminated for the next scheduled payment date thereafter.

Should the Payor fail to provide sufficient funds for the monthly processing transaction, a $30.00 Non-Sufficient Funds fee shall be applied to the Payor’saccount. Fit Body Fitness Training shall not be authorised to automatically debit this amount from the Payor’s account. The Payor shall be responsible for fulfilling this obligation at the site of Fit Body Fitness Training.

At the conclusion of this agreement all training and service programs will automatically renew under similar terms and fees. Although fees regularly increase for training and related services, YOUR fees will never increase so long as your enrollment remains uninterrupted.

Facility Usage:

Failure of a client/member to use Fit Body Fitness Training facilities / training programs does not relieve the member/client/buyer of member’s/client’s/buyer’s obligation to make monthly payments as outlined in the Agreement For

Personal Training & Fitness Services.

48 Hour Cooling Off Period:

If you change your mind and wish to cancel this agreement, you must notify us in writing within the first 48 hours that you do not wish to proceed with your membership.

Subsequent to receiving writen notice from you within the 48 hour period Fit Body Fitness Training :

will refund your fees within 21 days of getting your notice
may charge a fee for any fitness service that you used before you cancelled
may also charge an administration fee.

The maximum administration fee is $75 or 10% of the membership fee, whichever is less.

Getting permanently sick or injured

You can cancel your agreement because of a permanent sickness or injury. Your sickness or injury must be so serious that you can’t keep using the gym’s services.

You will need to:

write to us as early as you can
give us a medical certificate to confirm the problem specifying that you are incapacitated and unable to continue to participate in the program for the specified duration of your agreed term of membership.
should a short term medical certificate be issued, your membership will be suspended until such date as medical clearance is given or assumed following the expiry of the medical certificate provided.

Fit Body Fitness Training:

must refund your fees within 21 days of getting your notice
may charge a fee for any fitness service that you used before you cancelled
may also charge an administration fee.

The maximum administration fee is $75 or 10% of the membership fee, whichever is less.

Regular 1:1 Personal Training Fees

PT : FULL MONTY $150 pwk (inclusive group training)

PT : Lean & Tone $100 pwk

PT : Fat Loss $100 pwk

Membership Fee Structure:

3 x WEEK Group Training $50 pwk

Unlimited Group Training $65 pwk

or otherwise agreed upon through packaging and discounted offerings.

Refunds:

The member/client/buyer acknowledges and agrees that Fit Body Fitness Training has earned the membership fee and monthly payments as outlined in this agreement and that notwithstanding any voluntary withdrawal or proper cancellation, suspension of membership or service program or the failure of the client/member to take advantage of the privileges of services/membership for any reason whatsoever. The member shall not be at any time entitled to a refund of all or any part of monies paid and shall remain liable for any part thereof not yet paid at anytime in accordance with any and all program details represented in this agreement.

Client’s Default

Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Fit Body Fitness Training shall have all rights and remedies available to it, including termination of this Agreement and institution of legal and collections action for all applicable damages pursuant to this Agreement. If Fit Body Fitness Training delays or refrains from exercising any rights under this Agreement, Fit Body Fitness Training does not waive or lose those rights. If Fit Body Fitness Training accepts late or partial payments from Client, Fit Body Fitness Training does not waive the right to receive full and timely payments and other charges due under this Agreement.

ASSUMPTION OF THE RISK:

The Client is aware that weight and/or cardiovascular training and similar physical activities can potentially be a hazardous activity and may pose potentially serious risks of injuries/ death to their participants. The Client is voluntarily participating in these activities with the knowledge of the  danger(s) involved, and hereby agrees to accept any and all risks of injury or death.

RELEASE:

As consideration for being permitted by Trainer to participate in these physical activities and to use the Training Facilities, I, the Client, hereby agree that I, my assignees, heirs, distributes, guardians, and legal representative(s) will not make a claim against, sue, or attach the property of any Fit Body Fitness Training or Training Facility, its employee(s) or owner, for injury or damage resulting from the negligence or other acts, howsoever caused, by any employee, agent or assistant of Fit Body Fitness Training or any of its affiliated organizations as a result of my participation in a weight and/or cardio training program. I, the Client, hereby release Fit BodyFitness Training, Trainer and Training Facility from all actions, claims, or demands that I, my  assignees, heirs, distributes, guardians, and legal representative(s) now have or may hereafter have for injury or damage resulting from my participation in a weight and/or cardiotraining program. I, the Client, understand that I am personally responsible for my actions while participating in my assigned workout program, and I waive responsibility of Fit Body Fitness Training, Trainer and Training Facility if I should incur any injury as a result of my own negligence. I understand that Fit Body Fitness Training may assign me a new trainer at any time.

LIABILITY WAIVER:

The Client expressly agrees that all weight training and/or cardio programs offered by trainer shall be undertaken by the Client at his or her sole risk. The Client understands and takes full responsibility for any and all injuries/damage(s) as a result of his/her own negligence, the negligence of others, or through no fault of the Client, Trainer, Fit Body Fitness Training or anyone else, due to the nature of the activity. It is further agreed that Trainer shall not be liable for any injuries or damage to Client or guest, nor be subject to any claim, demand, injury or damages whatsoever, including but not limited to those damages resulting from acts of active or passive negligence on the part of Trainer, his/her successors or assigns. The Client agrees to indemnify and hold Fit Body Fitness Training and trainer harmless for any loss caused by Client for which Trainer is accused or held liable including attorney’s fees and court costs.

STATEMENT OF HEALTH:

I, the Client, hereby certify that I know of no medical problem (except those  noted herein) that would increase my risk of illness and injury as a result of participation in a regular weight and/or cardio training program. I understand that I have been advised to consult a physician prior to commencement of my weight and/or cardio training program to ensure my state of wellness to participate in such strenuous activities. Furthermore, I understand my trainer does not hold him/herself out to be a licensed physician. Where injury or illness occurs I will obtain a medical clearance certificate/letter from my Physician clearing me for participation physical exercise.

AGREEMENT CANCELLATION POLICY:

Clients must give written notice of cancellation or suspension by Email: info@FitBodyFitnessTraining.com and by telephone: 1300 766 510 at least 28 days from the next debit date. If for any reason you require to cancel the monthly or 12 month contracts before its expiration date, the following must happen; the above request process has been followed and you have booked and attended a final consultation.  Pre-pay contracts are non-refundable.  12 Month agreements can only be cancelled after a minimum of 3 months has passed.

AGREEMENT SUSPENSION POLICY:

Clients must give at least 14 days notice for a suspension of membership request. Suspension of membership will be granted on terms established as necessary for medical grounds, substantiated and supported by a Medical Certificate for the period of suspension requested. Suspension of membership is not available throughout the Christmas - New year period inclusive of the full months of December and January inclusive. Any business closure, rescheduling throughout the duration of the Christmas period is considered to be inclusive in Membership and Training Dues. Suspensions remain subject to approval at the discretion of management. A maximum term of 4 weeks suspension applies in any given 12 month period.

REFUND POLICY:

No Refund will be given if you have simply changed your mind.

Fit Body Fitness Training reserves the right to change membership options and rates at any time, notice will be given.

SESSION CREDITS:

We understand you may not always be able to stick to your regular routine, therefore if you cannot make a session we will credit you a session at the end of your commitment agreement. Alternatively you can make this session up the following week.

SESSION CANCELLATION POLICY:

We require at least 12 hours notice for the cancellation of all personal training sessions. Fit Body Fitness Training reserves the right to charge up to full price for all cancelled sessions under the 12 hour time notice. Exceptions will be considered based on the situation. We have a group of trainers that are in high demand, therefore if you cannot make your session please let us know as that may open up an opportunity for another client to train. When only 1 person turns up for a specialised pt session the session will run as a 30min session.

SESSION NO SHOW POLICY:

No notice given or failure to show up for a booked personal training session will automatically incur the full charge of the session booked. Fit Body Fitness Training reserves the right to make exceptions based on the situation and at our discretion.

SESSION GUARANTEE: 

The Fit Body Fitness Training $50 Guarantee to you. At Fit Body Fitness Training we pride ourselves on providing the best level of service and training experience, every single time you train with one of our team. Therefore if you train with one of the Fit Body Fitness Training team and are not entirely satisfied with your workout, give us your feedback from the session (as this will help us to build each trainer to be the best they can be) then of course, you will NOT BE BILLED for that session.  In addition to this, we will give you a fresh, crisp $50 NOTE for your troubles. Yes, it’s that simple! Why do we give this outrageous guarantee? Quite simply, we really believe in what we do at Fit Body Fitness Training, and our priority is giving you the VERY BEST workout every session that you have with us.

RESULTS GUARANTEE:

If you do not get results in the first 30 days we will give you your money back!

We believe in our training methods so much that we guarantee you will get results.

Details on commitment sheet – must be signed and followed.

Due to the nature of our programs, with a mixture of distance and in-person training, 30 Day Guarantee applies from date of purchase of program not physical in-person commencement / attendance date.

No Refund will be given if you have simply changed your mind.

OUR 12 MONTH FIT FOR LIFE GUARANTEE:

Once you have completed 12 months of training with us you are eligible for our fit for life guarantee. This means that if for any reason you stop training with us and get yourself out of shape and out of routine, we will give you a free month of group training. This is designed to get you back in the shape we left you in before you stopped training. That’s how much we care about your long term health and results.

ACCEPTANCE OF MEMBERSHIP OR PARTICIPATION IN OUR PROGRAMS, WORKSHOPS, TRAINING OR EVENTS ARE SUBJECT TO PHOTOGRAPHY AND VIDEO RECORDING FOR PROMOTIONAL AND MARKETING PURPOSES. BY ACCEPTANCE AND ENROLMENT IN OUR PROGRAMS YOU HEREBY GIVE PERMISSION FOR YOUR PHOTO OR VIDEO TO BE USED FOR MARKETING AND PROMOTIONAL PURPOSES.

Client Consent

Client consents to and releases each of Fit Body Fitness Training and Dynamic Business & Training Soltutions Pty Ltd from any liability resulting from Fit Body Fitness Training, or Dynamic Business & Training Solutions Pty Ltd’s use of Client’s name and likeness in advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

Arbitration and Attorney’s Fees

Any controversy between the parties arising out of this Agreement that cannot be resolved shall be arbitrated in the State of Queensland. The costs of the arbitration, including, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment. For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.

TERMS AND CONDITIONS

Fit Body Fitness Training reserves the right to update and alter any terms and conditions without notice.

By signing this Agreement, Client acknowledges that Client has read, understood, and agreed with all terms and conditions on both the front and reverse sides of this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Fit Body Fitness Training, an independently owned and operated facility or Dynamic Business & Training Solutions Pty Ltd.

Dynamic Business and Training Solutions Pty Ltd trading as Fit Body Fitness Training has made no express or implied warranties or representations other than those expressly set forth in this Agreement.

Business Name: Fit Body Fitness Training

Location: 6/108 Anzac Avenue, Hillcrest,Queensland, 4118, Australia.

Phone: +61 0419 970 394

I certify that I have fully read and understand the terms of this Agreement and will comply with the contents herein.

Package Selection

Regular 1:1 Personal Training Fees

PT : Starting Fat Loss Program $150 pwk (inclusive group training)

PT : The Lean Muscle Program $150 pwk (inclusive group training)

PT : Metabolic Repair Program $150 pwk (inclusive group training)

PT : Final Fat Loss Program $150 pwk (inclusive group training)

Group Fitness Membership Fee Structure:

3 x WEEK Group Training $50 pwk

Unlimited Group Training $65 pwk

Specialised Program

Bullet Proof Gut Program

Habit Transformation Program

The Real Detox Program

Junior Athlete Program

Bring a Friend Promotion

Little Black Dress Project

Fit For Photos - 9 Week Challenge

Build A Bigger Booty Challenge

5 Day Challenge

7 Day Challenge

14 Day Challenge

21 Day Challenge

28 Day Challenge

30 Day Challenge

6 Week Challenge

12 Week Challenge

* POA = Price on Application

CONSULTS

$176 - Customised Nutrition Program

$176 - Customised Training Program

EXISTING CLIENT

PARQ and Personal Details Update

Continuing Client Package Renewal (Granfathered Rates)

BILLING INFORMATION

Card Type: AMEX MasterCard Visa

Full name exactly as it appears on card:

Credit Card #: Expiration Date: CVC Code:

PAR-Q

Physical Activity Readiness Questionaire

	Do you have high cholesterol?
	Do you have a heart condition?
	Do you have a bone or joint problem?
	Do you have high blood pressure?
	Are you over 65 years of age?
	Are you accustomed to vigorous exercise?
	Do you have any other medical conditions?
	Do you ever feel weak, fatigued or sluggish?
	How many meals do you eat per day?
	Do you know how many calories you eat per day?
	Do you eat breakfast?
	Are you taking any supplements?
	Do you crave sugary foods?
	Do you need several cups of coffee per day?
	Do you experience digestive difficulties?
	Would a structured nutrition plan benefit you?
	How long have you been exercising?
	Have you reached and maintained you goals?
	Are you happy with your general health?
	Are you happy with the way you look?
	How serious are you about achieving your goals? Reason for Visiting

Name of Adult Participant and/or Parent or Legal Guardian of Minor:

First Name:	Last Name:	Birth Date:
Address:	City:	State:
Postal code:	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:

Date and Time Signed:

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

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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. 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 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 cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.

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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