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WAIVER AND RELEASE OF LIABILITY AND BODY MOUNTAIN MEMBERSHIP AGREEMENT This Waiver and Release of Liability and Body Mountain Membership Agreement (this “Agreement”) is entered into by the undersigned participant (“Participant,” “I,” “me,” or “my”) in favor of Body Mountain LLC, a Texas limited liability company located at 120 Express Street, Dallas, Texas 75207 (“Body Mountain”), and Dallas Beach LLC d/b/a Body Mountain Beach, also located at 120 Express Street, Dallas, Texas 75207 (“Body Mountain Beach”). Body Mountain and Body Mountain Beach, together with each of their respective parents, subsidiaries, and affiliates, and each of their owners, members, managers, officers, directors, employees, independent contractors, trainers, instructors, agents, attorneys, staff, volunteers, landlords, contractors, sponsors, insurers, representatives, predecessors, successors, and assigns, are collectively referred to in this Agreement as the “Released Parties.” This Agreement applies to, and covers, any and all use of Body Mountain’s gym and fitness facility and any and all use of the beach volleyball court(s) operated as Body Mountain Beach, regardless of which Released Party owns, leases, operates, or manages the specific premises or equipment used. In consideration of the risk of injury while participating in Personal Training, Group Training, Beach Volleyball (including open play, leagues, tournaments, clinics, pickup games, lessons, and any use of the beach volleyball court(s), sand, nets, poles, boundary lines, and related equipment), gym or fitness facility use, or Exercise of any kind — even if by myself at the facility, on the beach volleyball court, or if following an online training program away from the facility (collectively, the “Activity”) — and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge the Released Parties for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct or indirect result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. This release includes injury or damage, sickness, or illness (including any possible symptoms or infections of COVID-19 or any other communicable illness) sustained while and/or resulting from using any premises or facility — including the indoor gym and fitness facility and the outdoor beach volleyball court, sand, and surrounding grounds — or using any equipment, whether provided by the Released Parties or otherwise, including injuries or damages arising out of the negligence of the Released Parties, whether active or passive. My assumption of risk includes, but is not limited to, my use of any exercise equipment (mechanical or otherwise), fitness centers, gyms, sports fields, sport courts, beach volleyball courts and sand surfaces, homes, parks, trails, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. I assume the risk of my participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, jumping, aerobic activities, aquatic activities, stretching, tennis, basketball, volleyball (indoor and outdoor/beach), racquetball, or any other sporting or recreational endeavor. Beach Volleyball-Specific Risks. Without limiting the foregoing, I specifically acknowledge and assume the risks unique to beach volleyball and outdoor sand-court activity, including, but not limited to: uneven, shifting, loose, or unstable sand; buried or hidden objects, debris, rocks, glass, or holes within the sand; collisions or contact with other players, spectators, or with nets, poles, stakes, lines, or other court equipment; diving, jumping, sliding, or falling on sand or hard-packed surfaces; exposure to sun, heat, humidity, wind, rain, lightning, or other weather conditions; sunburn, heat exhaustion, heat stroke, dehydration, and other heat- or sun-related illness; insect and animal bites or stings; and hazards associated with outdoor walkways, parking areas, and grounds used to access the beach volleyball court. I understand that the beach volleyball court is an outdoor facility subject to conditions beyond the control of the Released Parties, and I voluntarily assume all such risks, whether or not the beach volleyball court is owned, leased, or operated by Body Mountain, Body Mountain Beach, or another Released Party. I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Released Parties or otherwise. RELEASE: I agree, on behalf of myself and all my personal representatives, heirs, executors, administrators, agents, and assigns, to release and discharge the Released Parties from any and all claims or causes of action (known or unknown) arising out of the negligence of the Released Parties, whether active or passive. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment, courts, nets, or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, court, premises, or facilities, (c) negligent instruction or supervision, including personal training, group training, or beach volleyball instruction, (d) negligent hiring or retention of employees or independent contractors, and/or (e) slipping, tripping, falling, or twisting or sinking in sand while on any portion of a premises, court, or grounds, or while traveling to or from personal training, group training, or beach volleyball, including injuries resulting from the Released Parties’ negligent inspection or maintenance of the facility, court, or premises. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S), INCLUDING THE BEACH VOLLEYBALL COURT AND SURROUNDING GROUNDS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM, AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless the Released Parties against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Released Parties incur any of these types of expenses, I agree to reimburse the Released Parties. I acknowledge that the Released Parties, and their directors, officers, volunteers, representatives, and agents, are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of the Released Parties. I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, sand, facilities, temperature, weather, sun exposure, lack of hydration, condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to participants, volunteers, spectators, coaches, event officials, and event monitors. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASED PARTIES, INCLUDING BODY MOUNTAIN LLC AND DALLAS BEACH LLC D/B/A BODY MOUNTAIN BEACH, AND ALL OF THEIR AFFILIATES, OWNERS, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY RELEASED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Released Parties. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment, courts, sand, nets, or facilities (including the beach volleyball court and related equipment) occurs as a result of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with such actions of neglect or recklessness. This Agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and the Released Parties agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. I understand and agree that all payments to Body Mountain and/or Body Mountain Beach are final and nonrefundable. I also agree and consent that any video or image taken of me at Body Mountain, at Body Mountain Beach, or at events hosted by either of them on any premises may be used for promotional purposes on social media or any media platform, for the purpose of promoting Body Mountain, Body Mountain Beach, their services, brand, facilities, trainers, or staff. I may request not to be filmed or photographed via email and will be released from any obligation to be filmed or photographed. Opting out of being filmed or photographed by emailed request does not affect, limit, or negate any other provision of this Agreement, and the Released Parties remain fully released from all liability as set forth in this Agreement regardless of whether I am filmed or photographed. Following such a request, the Released Parties will use reasonable efforts not to feature me in video or photographs taken in a group setting, but I acknowledge that I may still be captured incidentally or by accident, and the Released Parties shall have no liability whatsoever arising from any such incidental or accidental capture. Any photo or video footage of me obtained prior to my request to not be filmed or photographed may continue to be used by the Released Parties as described above, and I understand and agree that such existing footage will not be taken down or removed as a result of my request. I also agree to have my credit or debit card kept on file with Body Mountain and/or Body Mountain Beach. I agree to have my card on file charged for any services rendered or to be rendered that I have agreed to, either in person or as requested via text, email, or certified mail, or through the Mindbody software. I will provide 30 days’ written notice of any cancellation of any membership contracts I agree to. After providing written notice of cancellation, I will be charged once more, the full price of the membership I agreed to. In the event that any provision contained within this Waiver and Release of Liability and Body Mountain Membership Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement or the Activity shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and I consent to the personal jurisdiction of such courts. I, the undersigned Participant, affirm that I am 18 years of age or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract, and that I am signing it of my own free will.

[date]

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:

Date and Time Signed:

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

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

Send a copy of this waiver to my email

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Effective date: August 6, 2026

Our Privacy Policy

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 through our software, WaiverKing acts as a data processor on behalf of the relevant business or service provider, which normally acts as the data controller. WaiverKing processes this information only as needed to provide its services, produce and transmit completed documents, and update the relevant service-provider account. Completed documents may be sent to and stored in the service provider's account, including its MINDBODY account where applicable. WaiverKing does not permanently store completed waiver documents on its systems. You should direct requests or questions about 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 process account data only as necessary to provide the requested service and update the relevant service-provider account.

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. WaiverKing does not permanently store completed waiver documents on its systems after processing and transmission, although the completed document 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. Service-provider protections. We take reasonable and appropriate steps to require third-party agents and service providers that process personal data on our behalf to protect that information, use it only for the purposes for which it was disclosed and process it in accordance with applicable data-protection laws and our contractual requirements.

3. International transfers of personal data

WaiverKing is based in the United States. When an individual uses WaiverKing's software, personal data may therefore be transferred to, temporarily processed in or accessed from the United States or another country outside the country in which it was originally collected.

WaiverKing processes account data, waiver data and related information on behalf of the business or service provider that requested the document. Completed documents may be transferred to and stored in that service provider's account, including its account with MINDBODY, Inc., where applicable.

Where applicable data-protection law restricts an international transfer of personal data, WaiverKing will use an appropriate lawful transfer mechanism. Depending on the circumstances, this may include:

a) an applicable adequacy decision;

b) standard contractual clauses approved by the European Commission;

c) the United Kingdom International Data Transfer Agreement;

d) the United Kingdom Addendum to the European Commission's Standard Contractual Clauses; or

e) another safeguard, transfer mechanism or exception permitted by applicable law.

The applicable international-transfer arrangements may also be addressed in WaiverKing's agreement or data-processing agreement with the relevant service provider.

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. Completed waiver documents are not permanently stored on WaiverKing's systems after they are processed and transmitted to the service provider.

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 an EU or United Kingdom supervisory authority. If you think that our processing of your personal data infringes data-protection laws, you may lodge a complaint with the supervisory authority responsible for data protection where you are located, where you work or where the alleged infringement occurred. If you are located in the European Union, you may complain to the competent supervisory authority in the relevant EU member state. If you are located in the United Kingdom, you may complain to the UK Information Commissioner's Office (ICO). Information about making a complaint to the ICO is available at https://ico.org.uk/make-a-complaint/.

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 at privacy@waiverking.com, by telephone at +1 (888) 211-6693, or by mail at:

WaiverKing, Inc.
1990 N. California Blvd.
8th Floor, Suite 8
Walnut Creek, CA 94596
USA

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. 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.

11. Our details

11.1. This website and software is owned and operated by WaiverKing, Inc.

11.2. We are registered in the State of California under registration number C3518177. Our company address is:

WaiverKing, Inc.
1990 N. California Blvd.
8th Floor, Suite 8
Walnut Creek, CA 94596
USA

11.3. You can contact us:

a) by mail at the company address above;

b) using our website contact form;

c) by telephone at +1 (888) 211-6693; or

d) by email at privacy@waiverking.com.

12. Data protection officer

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

13. United Kingdom data protection representative

WaiverKing, Inc. has appointed VeraSafe United Kingdom Ltd. as its representative in the United Kingdom pursuant to Article 27 of the UK GDPR. If you are located in the United Kingdom, you may contact VeraSafe in addition to or instead of WaiverKing, only on matters related to our processing of personal data.

You may contact VeraSafe using its data-protection representative contact form, by telephone at +44 (20) 4532 2003, or by mail at:

VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
United Kingdom

You may also contact WaiverKing directly at privacy@waiverking.com or +1 (888) 211-6693.

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