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WAIVER OF LIABLITY AND RELEASE AGREEMENT

In consideration of the undersigned client’s (“Client”) participation in Radi8 Hot Yoga, LLC’s (dba Radi8) (“Radi8”) yoga, hot yoga, and other similar physical fitness programs (collectively, the “Hot Yoga Programs”), Client agrees to pay any and all fees charged by Radi8 for those Hot Yoga Programs and enter into this Waiver of Liability and Release Agreement (the “Agreement”), covering the entirety of their participations in the Hot Yoga Programs, whether held at Radi8’s studios located in Phoenix, Scottsdale, or at any other location, Client agrees, warrants, and covenants as follows:

1. Risks of the Hot Yoga Programs and Client Acknowledgments.

(a) Client acknowledges that they are aware of the inherent risks to their person (including the risk of significant injuries or death) or property through their participation in the Hot Yoga Programs. Client understands that the risks associated with the Hot Yoga Programs can result in falls, broken bones, torn muscles or ligaments, heart attacks, seizures, dehydration leading to nausea or vomiting, general illness, and other similar injuries including, but not limited to, injuries that can lead to disability, paralysis, and possibly death. These injuries may arise from a variety of circumstances including, but not limited to, the use or misuse of Radi8’s equipment or facilities, from the activity itself, from the acts of Client or others (including Radi8 or its agents), or from the unavailability of emergency medical care. Client further understands that they will be participating in the Hot Yoga Programs in a heated enclosed space and contact with other clients, the instructors, or with man-made or natural obstacles is likely to occur.

(b) Client also understands that the floors of Radi8’s facility will often be very wet and slippery because of the Hot Yoga Programs, and Client agrees that they will always use caution while at Radi8 including, but not limited to entering the studio, walking around the studio, leaving the matt during class, exiting the studio, and using the bathrooms and other Radi8 facilities. Client understands that if they get off the yoga mat during class there is a risk of slipping and falling resulting in general injury, disability, paralysis, and possibly death.

(c) Client attests and verifies that they are physically fit, and Client has sufficiently prepared for the Hot Yoga Programs in whatever manner they deem appropriate.

2. Assumption of the Risk. Client agrees that they are participating in the Hot Yoga Programs of their own free will. Client understands that their decision to participate in the Hot Yoga Programs is entirely voluntary and is not a requirement. Client assumes the full responsibility for all risks that may arise out of or result from their participations in the Hot Yoga Programs. Client understands that the Hot Yoga Programs involve strenuous and potentially hazardous athletic activities, and Client knowingly, voluntarily, and fully assumes the risks of their participation in the Hot Yoga Programs and all injuries that result from that participation including, but not limited to, those set forth in Section 1 above.

3. Releases and Waivers of Liability. Client agrees, on their own behalf and on behalf of Client’s beneficiaries, heirs, estate, successors, and assigns, to indemnify, hold harmless, and fully release Radi8, and its owners, managers, members, employees, instructors, agents, volunteers, assigns, or insurers (collectively, the “Released Parties”) against any lawsuits, demands, claims (including, but not limited to, tort or contractual claims), costs, or expenses (including attorneys’ fees and legal costs) arising from or in any manner related to this Agreement, Client’s participation in the Hot Yoga Programs, or Client’s relationship with Radi8 (including, but not limited to, claims related to damage or loss of property, bodily injuries, medical treatment, or death) (collectively, the “Released Claims”), whether or not those Released Claims are foreseeable or contributed to by the negligent acts or omissions of the Released Parties or others. Client also waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release will not extend to claims, material or otherwise, that the Client giving the release does not know or suspect to exist at the time they signed the release. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HOT YOGA PROGRAMS AND AGREES THAT THE RELEASED PARTIES WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR CONSEQUENTIAL, INDIRECT, GENERAL, SPECIAL, OR SIMILAR DAMAGES ARISING OUT OF ANY INJURY SUFFERED BY CLIENT THROUGH THEIR PARTICIPATION IN THE HOT YOGA PROGRAMS. CLIENT FURTHER UNDERSTANDS THAT THIS RELEASE COVERS CLAIMS BASED ON RADI8’S OWN NEGLIGENCE, ALL TORT CLAIMS, AND ANY OTHER CLAIM AGAINST RADI8 WHATSOEVER.

4. Medical Verification and Agreement to Withdraw if Necessary. Client acknowledges and agrees that Client’s medical doctor has verified their physical condition and advised Client that they are medically able to participate in the Hot Yoga Programs. Client acknowledges that the Hot Yoga Programs involve extreme physical exertion and endurance, and that Client will monitor themselves throughout the Hot Yoga Programs and will withdraw from the Hot Yoga Programs if Client believes that continuing will present a risk of injury to Client or others. Client also agrees to notify Radi8 staff immediately if they feel ill or sick in any way so Radi8 may take the appropriate action to assist the Client.

5. Standard of Care. Client understands and acknowledges that they will receive instruction in yoga theory and exercise only, and they agree not to hold Radi8 and its owners, managers, members, employees, instructors, agents, volunteers, assigns, or insurers to any higher standard of care than that applicable to yoga theory and instruction.

6. Agreement to Follow Instructions. Client agrees to follow all instructions given to them by Radi8’s staff and instructors as to when, where, and how to perform the Hot Yoga Programs and it is understood that any deviation by Client from such instruction is at their own risk. Client understands that at the instructor’s discretion they could be asked to leave any class if they are found to be disruptive to others. Client understands that as part of the Hot Yoga Programs, the instructors may adjust their posture or poses during the practice. Of course, these adjustments will necessitate physical contact between the instructor and the Client, and Client consents to such contact. If Client does not want adjustments made to their posture or poses during practice, it is the obligation of the Client to inform the instructor before class begins.

7. Special Instructions for use of Cold Tub. Client agrees to shower before any use of Radi8’s cold tub. Neither Radi8 nor its staff will attend the cold tub while in use by Client. The cold tub manufacturer warns not to exceed 3 minutes in the tub per session, which is Radi8’s policy. Client therefore agrees to limit use of the cold tub to 3 minutes per session with no more than 20 minutes per appointment. Client understands that using the cold tub could lead to injury, drowning, or death. There is also a risk to the client of slipping on the wet floor while getting in and out of the cold tub. Client therefore agrees that use of the cold tub is entirely at their own risk consistent with these terms, and further agrees to be cautious and careful while using the cold tub.

8. Consent for Emergency Treatment. Client consents to emergency medical treatment in the Hot Yoga Programs when, in the reasonable judgment of the on-site personnel, Client requires medical care. Client further consents to medical treatment for emergencies that occur during or are related to their participation in the Hot Yoga Programs where they are unable to consent to such treatment. Client agrees that they assume all liability for all medical expenses incurred because of training for, participation in, or injuries suffered during the Hot Yoga Programs, including, but not limited to, ambulance transport, hospital stays, and physician and pharmaceutical goods and services.

9. Pregnancy. CLIENT EXPRESSLY AGREES NOT TO ATTEND THE HOT YOGA PROGRAMS UNTIL THEY HAVE DISCUSSED THE RISKS ASSOCIATED WITH THAT PARTICIPATION WITH THEIR OBSTETRICIAN AND HAVE OBTAINED THAT MEDICAL PROVIDER’S CONSENT TO PARTICIPATE. CLIENT AGREES TO FOLLOW THEIR DOCTOR’S RECOMMENDATIONS WITH RESPECT TO PARTICIPATION IN THE HOT YOGA PROGRAMS WITH THE UNDERSTANDING THAT THEIR PARTICIPATION WILL INVOLVE STRENUOUS EXERCISE IN A CLOSED ROOM HEATED AT TIMES TO OVER ONE HUNDRED AND FIVE (105) DEGREES FAHRENHEIT.

10. Minors. If the Client is under eighteen (18) years of age, they agree to disclose that information to Radi8. In addition to the minor Client’s signature, their parent and/or legal guardian must also sign and date this Agreement and agree to be bound by its terms and conditions.

11. Client Payments and Deposits. All payments or deposits paid by the Client to Radi8 are non-refundable. This includes all deposits and payments related to or arising from the Client’s participation in the Hot Yoga Programs, yoga school or other education programs, and any retreat organized or held by Radi8 regardless of location. This section applies not only to the Hot Yoga Programs, but also yoga school or other education programs, and any retreat that Client participates in organized or held by Radi8.

12. Auto-Pay. All autopay contracts entered into by Client must be canceled 24 hours before the date of the credit card processing. Client must cancel this service by sending an email with the request to karma@radi8love.com.

13. Retail Sales; Returns and Exchanges. Radi8 offers for sale yoga clothes, mat, and other equipment and items related to yoga. With respect to client’s purchases of retail items from Radi8, Clients are prohibited from using more than one coupon or discount code for each purchase. Full priced items may be returned and fully refunded within 1 week of purchase if they have not been used and client presents proof of purchase. Tags must still be on the item or present to be attached. Unlike full priced items, sale items cannot be returned for any reason unless a size exchange is available, and an equal exchange can be made.

14. Lost or Stolen Property. Client agrees to hold Radi8 harmless for all lost or stolen property that may occur at Radi8 or anywhere in or near its facilities including, but not limited to, the front desk, retail area, yoga studio, locker rooms, bathrooms, and the parking lot.

15. Photograph and Video Release. For advertising and marketing purposes, Client understands and agrees that Radi8 may photograph or video the Hot Yoga Programs that they participate in. By entering into this Agreement, Client consents to the recording by Radi8 of photographs and/or videos of Client in the context of their participation in the Hot Yoga Programs. Client also gives their consent for the photos and/or videos to be used by Radi8 for advertising or marketing purposes including, but not limited to, on Radi8’s website, print media, and social media networks such as: Facebook, Instagram, LinkedIn, Yelp, Twitter, and other similar outlets. Client understands and agrees that these photos and/or videos may be stored on Radi8’s computer systems, but that they will have no access to the photos and/or videos. Client waives all rights to, and interest in, the photos and/or videos.

16. Entire Agreement; No Modification. This Agreement constitutes the entire agreement related to the subject matter discussed and supersedes any prior or contemporaneous agreements or understandings with respect to the subject matter discussed. This Agreement may not be amended or modified, by course of conduct or otherwise.

17. Governing Law. This Agreement, and any dispute related to or arising out of this Agreement, the Hot Yoga Programs, or the Client’s relationship with Radi8, are governed by and construed in accordance with Arizona law, without reference to its conflict of law principles.

18. Disputes. Any dispute related to or arising out of this Agreement, the Hot Yoga Programs, or the Client’s relationship with Radi8 will be determined exclusively by AAA binding arbitration under the applicable commercial rules upon the written request of any party to the AAA. The parties will agree to a single arbitrator, and the decision of the arbitrator is final and may be entered in any court of competent jurisdiction for enforcement. Under no circumstances may the arbitrator amend any provision of this Agreement or make any award of punitive damages. The arbitrator will apply Arizona law to any dispute consistent with this Agreement., and the arbitration must take place in Maricopa County. The prevailing party in any arbitration is entitled to an award of its reasonable attorneys’ fees and costs. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT IN AGREEING TO THE ARBITRATION OF ANY AND ALL DISPUTES WITH RADI8 AS SET FORTH IN THIS AGREEMENT, THEY ARE WAIVING ANY RIGHT TO A TRIAL OR TRIAL BY JURY.

19. Severability. In the event that any term or provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, all other terms and provisions of the Agreement will nevertheless remain in full force and effect, so long as the economic or legal substance of the transactions contemplated by the Agreement are not affected in any manner that is materially adverse to any party. Upon such determination that any term or other provision of the Agreement is illegal, unenforceable, or void, the parties will negotiate in good faith to modify the Agreement to affect the original intent of the parties as closely as possible so that the transactions contemplated hereby are consummated as contemplated to the greatest extent possible.

20. Interpretation. When permitted by the context, each pronoun used in the Agreement includes the same noun in other numbers. As used in the Agreement, the words “include” and “including”, and their variants will not be deemed to be terms of limitation but will instead be deemed to be followed by the words “without limitation.”

21. Notices. All notices, consents, waivers, and other communications required or permitted by the Agreement will be in writing and deemed given to Radi8 when sent by email to karma@radi8love.com, and the Client by email to their addresses on file with Radi8.

22. Construction; Legal Counsel. Each party agrees and acknowledges that he, she, or it was represented by legal counsel (or had the opportunity to be represented by legal counsel) in connection with the negotiation, execution, and delivery of this Agreement and that such party and their legal counsel have reviewed and revised this Agreement, or have had an opportunity to do so, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.

23. Waiver of Terms. Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision by either party will not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement.

24. Binding Nature of Agreement. This Agreement is binding on and inures to the benefit of the parties and their parents, subsidiaries, affiliates, officers, directors, managers, members, employees, agents, attorneys, successors, assigns, heirs, beneficiaries, personal representatives, and insurers.

25. Parent or Guardian Certification. If Client is under age eighteen (18) his/her parent or guardian must sign this Agreement. Client’s Parent or Guardian’s signature below certifies that Client’s son/daughter/ward has permission to participate in the Hot Yoga Programs. Client’s Parent/Guardian has read and understands this Agreement and by signing intentionally and voluntarily agrees to its terms and conditions. Client’s Parent/Guardian further certifies that such son/daughter/ward is in good physical condition and can safely participate in the Hot Yoga Programs. Client’s Parent/Guardian expressly authorizes emergency medical treatment for such son/daughter/ward and agrees to assume all financial responsibility for any such treatment.

CLIENT WARRANTS THAT ALL STATEMENTS MADE IN THIS AGREEMENT ARE TRUE AND CORRECT AND UNDERSTANDS THAT THE RELEASED PARTIES HAVE RELIED ON THEM IN ALLOWING CLIENT TO PARTICIPATE IN THE HOT YOGA PROGRAMS. CLIENT HAS READ THE AGREEMENT CAREFULLY AND INTENTIONALLY AND VOLUNTARILY SIGNS THE AGREEMENT. CLIENT AGREES THAT THEY ARE ASSUMING THE RISK OF THE HOT YOGA PROGRAMS AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES WHATSOEVER IN CONNECTION WITH CLIENT’S PARTICIPATION IN THE HOT YOGA PROGRAMS.

Radi8 Hot Yoga, LLC

Arcadia Location: Desert Ridge Location:

Christina Biagoli-Chapman Christina Biagoli-Chapman

3950 E. Indian School Rd, Ste 110 21001 N. Tatum Blvd., Ste 18-1060

Phoenix, AZ 85018 Phoenix, AZ 85050

(602) 888-2288 (602) 805-8888

karma@radi8love.com karma@radi8love.com

Emergency Contact Information
Name:
Relationship:
Phone:

Adult Student and/or Parent/Legal Guardian of Minor Student:

First Name:		Last Name:		Birth Date:
Zip:		Email:		Phone:

Relationship to minor:

Minor students under the age of 18

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

Date and Time Signed:

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

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Our Privacy Policy

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

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

This document explains how we use your personal data.

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

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

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

1. How we use your personal data

1.1. This section provides you with information about:

a) what personal data we hold and process;

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

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

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

Members and end users of our services

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

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

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

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

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

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

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

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

Other processing that we may carry out

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

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

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

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

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

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

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

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

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

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

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

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

2. Providing your personal data to others

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

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

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

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

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

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

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

4. Retaining and deleting personal data

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

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

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

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

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

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

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

5. Your rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10. Privacy Shield Framework

10.1. WaiverKing Inc. complies with the EU-U.S. 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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