3946 N Miami Avenue
Miami, Fl 33127

GUEST PARTICIPATION
RELEASE AND AUTHORIZATION

Name:	DOB:	Date:
Cell Phone:	Home Phone:	Email:
Address:
City:	State:	Zip:

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>

Minor DOB:
<CHILDBIRTHDAY>

This GUEST PARTICIPATION RELEASE AND AUTHORIZATION (the “Agreement”) is effective as of the date signed below, by and between GPY DESIGN DISTRICT LLC, d/b/a 54D, including its agents, attorneys, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries, employees, and independent contractors (“54D” or “the Company” or “Releasees”), and the person identified in the “Name” block, above (the “Recipient”; also referred to as “I” or “me”; sometimes, “you”). Recipient desires to participate in use of 54D premises as a guest of a current 54D Enrollee, namely:

for the purpose of experiencing the 54D exercise program. The 54D program may include intense physical effort and stress on my body and physiognomy, including more intense exercise/training than I am accustomed to or have experienced previously (the “Activities”; sometimes, the “Services” or use of the “Facilities”). I confirm that my physical and medical condition is adequate to meet the Activities. 54D has agreed to allow Recipient access to 54D temporarily, for the day only, for the Activity, provided that Recipient executes this Release.

1. Terms and Conditions. As lawful consideration for being permitted by 54D to participate in the Activity, I agree to all the terms and conditions set forth in this Release. I acknowledge my participation in the Activities is subject to all current company policies, rules, terms, conditions and limitations

2. Risk of Injury/Release. I understand and expressly agree that the Activities involve the risk of injury (physical or mental) to me. whether caused by me or not. You understand that these risks are inherent in physical activity and can range from minor injuries to major injuries, including death. In consideration of my participation in the Activities, I understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to the Activities. I further agree that 54D, its affiliated companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents, and independent contractors of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss, or any damage to me, my spouse or domestic partner, guests, unborn children, heirs, or relatives resulting from the negligent conduct or omission of 54D or anyone acting on its behalf, whether related to physical conditioning or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive, and discharge 54D from any and all claims, demands, injuries, damages, actions, or causes of action related to the Activities (collectively, “Claims”) against 54D or anyone acting on its behalf, and hereby agree to defend, indemnify, and hold harmless 54D and anyone acting on its behalf from and against any such Claims. I further understand and acknowledge that 54D does not manufacture fitness or other equipment or products available in its facilities and therefore 54D will not be held liable for defective equipment or products.

3. Hold Harmless. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the Activities.

4. Integration. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns.

5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

6. Jurisdiction and Venue. Any disputes arising under, connected with, or related to this Agreement shall be brought in State or Federal court in/encompassing Leon County, Florida. Trial shall be by judge alone, and I WAIVE ANY RIGHT TO JURY TRIAL of any matter pertaining to this Agreement.

7. Non-Discrimination. It is the policy of 54D not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age, or disability

8. Privacy. 54D may collect, use, and disclose certain personal information of members in accordance with their Privacy Policy, attached hereto and part of this Agreement. 54D may contact you from time to time by telephone, email, text message, or other means with information and offers related to your enrollment which may be of interest to you. If you do not wish to receive such messages, you can opt out at any time.

9. Equipment. 54D reserves the right at any time to remove, discontinue, repair, or replace the equipment available to you without any effect on this Agreement. 54D also reserves the right to make changes to the Facilities, the type or quantity of equipment, programs, or Services, and to alter the hours of operation or of scheduled classes in 54D’s sole discretion. You indemnify 54D for any damage caused to the Facilities or to the equipment.

10. Rules and Regulations. You agree to follow 54D’s policies and rules of general applicability with respect to the Activities, including policies and rules regarding Services and the Facilities, as they may be amended from time to time and posted or otherwise disseminated, and without notice, in 54D’s sole discretion. Such rules shall be considered a part of this Agreement.

11. No Liability for Property. 54D is not liable to you for any personal property that is damaged, lost, or stolen while on or around 54D’s premises, including, but not limited to, a vehicle or its contents or any property left in a locker. You acknowledge that the use of lockers does not constitute in any way a deposit of belongings into the care or custody of 54D, and that 54D is not responsible for any property placed in lockers or left on site. 54D assumes no responsibility for the damage or loss of objects, values or property of any kind. If you cause any damage to 54D’s facilities, you are liable to 54D for its cost of repair or replacement.

12. Dress Code. 54D seeks to provide a safe and comfortable environment for all members. 54D management and staff may enforce, and you agree to abide by, a dress code in all areas of the club. Clothing that may be perceived as intimidating, revealing, or offensive, as well as clothing that may present a safety hazard or damage equipment, is prohibited.

13. Physical Condition; No Medical Advice. You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services or the Facilities. You acknowledge that 54D did not give you medical advice before you joined, and cannot give you medical advice after you join. 54D not give members advice relating to their physical condition or ability to use the Facilities. 54D has advised you that if you have or develop any health or medical concerns now or after you join, you should discuss them with your doctor before engaging in the Services or using (or continuing to use) the Facilities. You assume any medical, rehabilitation, surgery, medication, or any other expenses that may arise from the Services or use of the Facilities. If you are enrolling a minor, you represent that the above statements are true with respect to the minor (subject to the limitation on waiver set forth below).

14. Minors. You represent with respect to any minor enrolled by you that you are the parent or guardian of the minor. You further grant consent for the minor to utilize the Activities. You further acknowledge (whether as parent, natural guardian, or guardian by operation of law) the following notice provided pursuant to section 744.301, Florida Statutes):

NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Any waiver in this Agreement, to the extent applied to a minor, shall be construed to waive no more than allowed under section 744.301(3), Florida Statutes.

15. Appearance Release. For good and valuable consideration, including, without limitation, permission to engage in the Activities, the receipt and legal sufficiency of which is hereby acknowledged, I hereby the Company to film, videotape, photograph and/or record me at various locations and irrevocably grant and authorize the Company to use such film, videotape, photography, and/or recording, and my name and likeness (“Profile”), in and in connection with advertising and marketing of any kind (“Marketing”), which may be distributed, transmitted, exhibited, and otherwise exploited, in whole or in part, alone or in conjunction with other material, in perpetuity, throughout the world, in any and all manner of media now known or hereafter devised including, without limitation, Internet social media, phone texting, emails, all forms of television (cable, broadcast, satellite, free, pay, pay-per-view, linear, VOD, or otherwise) home video devices, audio-only recordings, etc. I acknowledge that the Company shall exclusively own any and all rights in my Profile and the Marketing and all elements thereof including, without limitation, all rights of copyright, throughout the world, in perpetuity, as a work-for-hire, including the right to register the copyright and secure all renewals and extensions. In the event the work-for-hire doctrine does not apply, then I hereby assign to the Company all rights in and the results and proceeds of the Marketing and any and all rights of copyright related thereto. I release the Company from any and all claims I have or may have in the future known or unknown claims (and waive such claims) related to the Marketing including, without limitation, claims of invasion of privacy, violation of right of publicity, defamation, false light, or other similar claims and waive any and all equitable or injunctive relief related to the Marketing. The Company shall not be obligated to make any payment to me or on my behalf for the use of my Profile in the Marketing. I acknowledge that my appearance is not governed under the provisions of any collective bargaining agreement. This grant is irrevocable so that the Company may proceed in reliance thereon. This Appearance Release contains the entire understanding of the parties, may not be changed or terminated except by an instrument signed by Producer and me.

16. Confidentiality. You agree not to reproduce, for any reason, financial, accounting, legal, research and development information, technical knowledge, sports, nutrition, concepts, designs, processes, techniques, equipment, ideas, writings, notes, plans of business, marketing, products, services, projects or any other information, in whatever form, that is provided or allowed to be accessed in relation to the Activities, unless previously authorized in writing by 54D.

17. Entire Agreement/Modifications. This Agreement (including any Attachments) contains their entire agreement as to the subject matter, that any and all prior oral or written statements, representations, and covenants are merged into this Agreement, and that any other agreements not expressly stated herein are void and have no further force and effect. This Agreement may not be amended or modified except by a subsequent, written agreement signed by both Parties.

18. Titles of Clauses. The titles of the clauses are solely for the purpose of easy identification of the same; they will not determine in any way the content or interpretation of the clauses that follow them.

19. Read and Reviewed. You declare that prior to signing this Agreement you reach and reviewed this Agreement in its entirety (and any Attachments), as well as any and all statutes referenced in this Contract.

20. Severability. You agree that if any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid, or unenforceable, such illegal, invalid, or unenforceable provision shall be severed from the Agreement, and the remainder of this Agreement shall not be affected thereby but shall remain in full force and effect.

21. No Implied Waiver. If 54D does not enforce any right in this Agreement for any reason, 54D does not waive its right to enforce it later.

22. Dispute Resolution/Applicable Law/Exclusive Venue. In the unlikely event that 54D is unable to resolve a complaint you may have to your satisfaction, you agree to resolve such dispute through binding arbitration or small claims court rather than a court of general jurisdiction. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this Agreement, you acknowledge and agree that you and 54D are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This Dispute Resolution provision shall apply to this Agreement and any other agreements or polices at issue between you and 54D, including, without limitation, the Privacy Policy. You further agree that the terms, interpretation, effect, and enforcement of this Agreement shall be governed by the law of the State of Florida and that exclusive venue of any dispute (whether in arbitration or small claims court) shall be in Miami-Dade County.

23. Counterparts. This Agreement may be executed in one or more counterparts, including electronically via photocopy, facsimile, pdf file or other similar electronic means, all of which taken together shall constitute one instrument, and any such counterpart shall have the same force and effect as if bearing an original or electronic signature.

24. EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING CALLS & TEXTS: By signing below, I authorize The Company and or its service providers, including without limit any third-party vendor used to send text messages, to deliver, or cause to be delivered to me, at the telephone numbers provided by me in this agreement, telemarketing calls, informational calls, telemarketing texts, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. I acknowledge that I am not required to execute or sign this consent, directly or indirectly, as a condition of purchasing or accessing the Activities or any goods or services.

[Signature]:

Clear

(draw your signature)

[Print Name]:

I HAVE READ THE FOREGOING AGREEMENT, FULLY UNDERSTAND IT, AND AGREE TO THE TERMS SET FORTH HEREIN.

[Signature]:

Clear

(draw your signature)

[Print Name]:
[Date]:

Attachment A
54D Privacy Policy

This Privacy Policy was last revised on January 22, 2019.

GPY Design District LLC, d/b/a 54D (“54D,” “we,” or “us”) knows that you care how information about you is used and shared. This Privacy Policy explains the manner in which 54D may collect, use, and disclose personal information which you provide to us while utilizing the Services or using the Facilities, or while using the 54D website (the “Site”). Security for all personal information is extremely important to us. We store your personal information securely and use encryption and/or other special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, 54D cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. By visiting this Site or otherwise providing us with your personal information pursuant to the Enrollment Agreement, you agree to be bound by the terms of this policy. Capitalized terms that are not defined in this Privacy Policy are defined in our Enrollment Agreement.

Information We Collect

User-Provided Information: We collect personal information that you provide to us or that is otherwise provided to us on your behalf. 54D uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We cannot, however, ensure or warrant the security of any information you transmit to 54D and you do so at your own risk. Once we receive your transmission of information, 54D makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of 54D’s distributors, such as social networks. 54D is not responsible for the functionality or security measures of any third party.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from 54D, at all times.

You may choose to provide certain personal information to access or use certain features or services of the Site or the Services, such as making a purchase, joining one of our clubs, paying your fees, requesting information, filling out an employment, logging into certain exercise equipment consoles using your member number, or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card or banking information, enrollment and account information, workout information, machine usage and input information, or other information. You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the Site or the Services.

By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes.

We may periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new 54D products and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law. You may stop receiving marketing communications from us at any time by following the instructions included in the message you received. We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.

Cookies Information: When you use the Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets 54D help you log in faster and enhance your navigation through the Site. A cookie may also convey anonymous information about how you use the Site to us. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled. We do not currently respond to “Do-Not-Track” signals or mechanisms.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any web page. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Site, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make 54D better for our users.

The information collected may depend upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our Site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.

How We Use/Share Your Information

Personally Identifiable Information: 54D may share your personally identifiable information with third parties solely for the purpose of providing the Site to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of 54D (for instance, on servers or databases co-located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.

54D may disclose information about you to select business partners to provide you with advertising and promotional information and opportunities that we think may be of interest to you. We do not give our partners an independent right to share this information.

Any personal information or content that you voluntarily disclose for posting to the Site, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. You may change your privacy settings on the Site with the features provided by the Application and/or the social networking site or by contacting us. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other Users have copied or saved that information.

Except as otherwise described in this Privacy Policy, 54D will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of 54D, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain 54D services.

54D may allow third-party ad servers or ad networks to serve advertisements on the Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the 54D Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. 54D does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks 54D to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies. The 54D Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, 54D will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Site, in which case 54D may not be able to provide certain Services to you. You also have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. To request access or to amend your personal information, please visit our Facilities and see management.

Children’s Privacy
Protecting the privacy of children is especially important. This is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians. 54D does not accept members under the age of 18 and does not knowingly collect information from anyone under the age of 18. If you believe that we might have any information from or about anyone under 18, please contact us.

Links to Other Web Sites
We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by 54D in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

International Visitors
FOR VISITORS USING THE SITE FROM OUTSIDE THE UNITED STATED, ANY DATA YOU SUBMIT TO THE SITE WILL BE TRANSFERRED TO THE UNITED STATES FOR USE BY 54D AND/OR ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED IN THIS POLICY. BY USING THE SITE YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFER OF INFORMATION OR DATA TO THE UNITED STATES.

If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices about the personal information we collect from you on this Site. Users in the European Union may have the choice:

to be provided with a copy of your personal data held by us;

• to request the rectification or erasure of your personal data held by us;
• to request that we cease processing your data;
• to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
• to request that your data be transferred to you or a third party.

We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.

To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us.

TERMS OF USE
Your use of this Site and any issues relating to this policy are subject to 54D’s then-current Terms of Use, which are located on our Site.

PRIVACY POLICY UPDATES/CHANGES
54D reserves the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email or your account. Your use of the Site or any 54D Services or Facilities following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this policy.

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

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

Clear

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

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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