Please answer all questions, read and sign where indicated

Medical History Form + Informed Consent

Today’s Date:	Date of Birth:
First Name:	Last Name:
Address:	City:
Zip:	State:
Phone:	Email:
Facebook Profile Name:
Instagram Profile Name:

*What is your primary objective for cryotherapy?

What is your secondary objective for cryotherapy?

CRYOTHERAPY CONTRAINDICATIONS:
Below is a list of the absolute “Contraindications” that will preclude you from participating in cryotherapy. This list may not be all inclusive, as you may have other health conditions that make cryotherapy inappropriate for you. Consult with your doctor or medical advisor if you have any questions as to whether cryotherapy is right for you.

Uncontrolled High Blood Pressure
Heart attack (within previous 6 months) or conditions related to heart surgery
Congestive heart failure, COPD, chronic liver disease
Unstable Angina Pectoris (chest pain)
Pacemaker, Valvular or Ischemic Heart Disease
Peripheral Arterial Occlusive Disease
Deep Vein Thrombosis (DVT) or known circulatory dysfunction
Acute febrile illness (such as flu)
Acute kidney and urinary tract diseases
Severe Anemia
Cold Allergenic Phenomenon (known allergy to cold contactants)
Uncontrolled seizure disorders
Bacterial and viral infections of the skin, wound healing disorders (open sores or discharging wound/skin conditions)
Alcohol or drug related inebriation
Advanced Raynaud's disease
Polyneuropathies
Pregnancy
Vasculitis
Hyperhidrosis (heavy perspiration)
Uncontrolled Diabetes
A history of syncope/fainting/passing out
Poor circulation or Reynaud's disease

WAIVER OF LIABILITY, MEDICAL RELEASE AND INDEMNIFICATION AGREEMENT

*PLEASE READ CAREFULLY BEFORE SIGNING*

By signing this Waiver of Liability and Medical Release and Indemnification Agreement (this “Agreement”), and in consideration of being able to participate in cryotherapy at ChillRx Cryotherapy in Westfield NJ, (the “Facility”), I hereby agree and certify to [Strong Core LLC] (“Chill of Westfield NJ”)as follows:

The Facility is owned and operated solely by Chill of Westfield NJ.

PHYSICAL CAPABILITY. By signing this Agreement, I confirm that I am in good health, I do not have any of the Contraindications identified above, and I am not aware of any reason (medical, physical or otherwise) why I should not participate in cryotherapy. I understand that abnormal skin sensitivity to cold may be caused by certain foods, cosmetics, or medication, including but not limited to tranquilizers or blood pressure medication.

OVERVIEW OF CRYOTHERAPY SESSION AND USE OF EQUIPMENT. I understand that participation in a cryotherapy session involves exposure to extreme cold temperature for a short period of time (not to exceed three (3) minutes per session). I understand that a cryotherapy chamber technician (the “Technician”) will be present during my entire session and that I may not use any cryotherapy equipment without the Technician present. I agree to follow all instructions given to me by the Technician and to adhere to all of the rules and regulations prescribed by Chill of Westfield NJ from time to time. I understand that if I feel light-headed at any point during a cryotherapy session, I must notify the Technician immediately. I understand that I must wear gloves, a headband and socks pulled all of the way up during cryotherapy. I understand that if I experience any pain or physical discomfort at any point during a session, I am advised to terminate the session immediately and step out of the cryotherapy machine. When in the cryotherapy machine, I will avoid touching the sides of the machine. I acknowledge and agree that the cryotherapy process and all of the risks of participating in a cryotherapy session have sufficiently explained to me. Local cryotherapy involves exposure to extreme cold temperatures in a targeted fashion. I acknowledge that the practice of cryotherapy is not an exact science and no specific guarantees can or have been made concerning the expected result. I understand that some clients experience more change and improvement than others. In virtually all cases, multiple treatments are required in order to realize a difference and maintenance sessions are typically necessary. I also realize that the following risks and hazards may occur in connection with any particular treatment, including but not limited to: unsatisfactory results, allergic reaction, poor healing, discomfort, redness, scarring, infection, change in pigmentation, blistering, nerve damage, muscle damage and increased hair growth. I understand that even though precautions may be taken in my treatment, not all risks can be known in advance. Regardless of precautions taken, I acknowledge the possibility of adverse reaction and accept sole responsibility for any medical care that may become necessary.

ATTIRE DURING CRYOTHERAPY SESSION. During each cryotherapy session, I agree to wear the cotton socks, gloves and leather clogs provided by Chill of Westfield NJ. I agree to pulling the socks all of the way up. I agree to wearing 2 pairs of gloves if I have poor circulation in my hands or Reynaud's Disease. I understand that all metal from the exterior of my body shall be removed prior to a cryotherapy session, including all large earrings, necklaces, bracelets, rings, body piercings, etc., and that any clothing that I wear during any such session must be completely dry. I understand that no lotions, oils, perfumes or any alcohol based products should be used prior to a cryotherapy session, and that if exercise before a cryotherapy session, I must be completely dry before entering the cryotherapy machine.

NO REPRESENTATIONS. I understand that no representations or claims are made as to the therapeutic nature or other benefits of cryotherapy, and that cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from participating in cryotherapy are guaranteed.

ASSUMPTION OF RISK; WAIVER OF LIABILITY. I acknowledge that Chill of Westfield NJ has urged me to obtain a physical examination from my physician or medical provider prior to participating in cryotherapy. I further acknowledge that my participation in a cryotherapy session and my use of the cryotherapy equipment and the facilities at Chill of Westfield NJ involve risk of injury to me, inclusive of major injury, disability and death, and I understand and voluntarily accept full responsibility for the risk of injury, disability, death or other loss arising out of or related to my participation in a cryotherapy session and my use of the cryotherapy equipment and the facilities at Chill of Westfield NJ, however caused. In consideration of my participation in a cryotherapy session and my use of the cryotherapy equipment and the facilities at Chill of Westfield NJ, and in recognition of the possible dangers connected with such activities, I hereby knowingly and voluntarily waive any right or cause of action of any kind whatsoever that could arise as the result thereof. I further understand and acknowledge that ChillRx of Westfield NJ does not manufacture any equipment or products available at Chill of Westfield NJ, but rather leases or purchases such equipment and products, and, therefore, I agree that neither ChillRx of Westfield NJ, nor the Franchisor, nor any of the other Released Parties (as defined below), shall be held liable for any defects in such equipment or products.

INDEMNIFICATION; WAIVER AND RELEASE OF LIABILITY. I HEREBY AGREE THAT CHILL of Westfield NJ AND THE FRANCHISOR, AND EACH OF THEIR AGENTS, EMPLOYEES, OWNERS, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, INDEPENDENT CONTRACTORS, PARENTS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE LIABLE FOR: (A) ANY INJURY TO ME, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, DISABILITY, DEATH, ECONOMIC LOSS OR ANY DAMAGE TO ME RESULTING FROM THE ACTIVE OR PASSIVE NEGLIGENT CONDUCT OR OMISSION OF CHILL of Westfield NJ, THE FRANCHISOR OR ANY OF THE OTHER RELEASED PARTIES, WHETHER OR NOT RELATED TO MY PARTICIPATION IN A CRYOTHERAPY SESSION OR MY USE OF THE CRYOTHERAPY EQUIPMENT OR THE FACILITY, OR (B) ANY LOSS OF PROPERTY OR PROPERTY DAMAGE, INCLUDING ANY LOSS OR DAMAGE RESULTING FROM THE ACTIVE OR PASSIVE NEGLIGENT CONDUCT OR OMISSION OF CHILL of Westfield NJ, THE FRANCHISOR OR ANY OF THE OTHER RELEASED PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY FOREVER WAIVE, RELEASE AND DISCHARGE CHILL of Westfield NJ, THE FRANCHISOR OR EACH OF THE OTHER RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN A CRYOTHERAPY SESSION OR MY USE OF THE CRYOTHERAPY EQUIPMENT OR THE FACILITY (COLLECTIVELY, THE “CLAIMS”), AND HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHILL of Westfield NJ, THE FRANCHISOR AND EACH OF THE OTHER RELEASED PARTIES FROM AND AGAINST ALL SUCH CLAIMS. I HEREBY WAIVE, RELEASE AND DISCHARGE ANY RIGHTS THAT I MAY OTHERWISE HAVE TO SUE CHILL of Westfield NJ, THE FRANCHISOR OR ANY OF THE OTHER RELEASED PARTIES. I have read and fully understand the foregoing waiver and release of liability and my indemnification obligations as set forth herein. I understand the legal consequences of the waiver and release, as a full release of liability for injury, loss of property and/or property damage, and am fully aware that I have given up substantial rights by signing this Agreement. I agree that this Agreement, including this Section 7, cannot be modified orally. I acknowledge and agree that I am signing this Agreement voluntarily without any inducement, assurance, or guarantee being made to me by Chill of Westfield NJ and/or any person or entity on its behalf, and that I intend for my signature on this Agreement to operate as a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of [New Jersey].

BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER; DISPUTE RESOLUTION. As used in this contract, "Dispute" means any dispute, claim, demand, action, proceeding, or other controversy between me and Chill of Westfield NJ, me and the Franchisor, and/or me and any of the other Released Parties, arising out of, relating to, or concerning this Agreement, my participation in a cryotherapy session, and/or my use of the cryotherapy equipment and/or the Facility, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), state or federal statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law. INFORMAL NEGOTIATION OF DISPUTES. Chill of Westfield NJ and I agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless Chill of Westfield NJ and I otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which Chill of Westfield NJ or I mails a notice of the Dispute ("Notice of Dispute") as specified below. Chill of Westfield NJ and I agree that neither will commence arbitration before the end of the time for informal negotiation. NOTICE OF DISPUTE. If I give a Notice of Dispute to Chill of Westfield NJ, I must send such notice to Chill of Westfield NJ by Certified Mail at the following address: 327 South Avenue West, Westfield, NJ 07090, which Notice of Dispute shall contain a written statement setting forth: (a) my name, address, and contact information; (b) the facts giving rise to the Dispute; and (c) the relief I am seeking. BINDING ARBITRATION. Chill of Westfield NJ and I agree that in the event that any Dispute is not resolved by informal negotiation as set forth above, any effort to resolve the Dispute will be conducted exclusively by binding arbitration. I understand and acknowledge that, by agreeing to binding arbitration, I am giving up the right to litigate (or participate in litigation as a party or class member) any Dispute in a court before a judge or jury. Instead, I understand and agree that all Disputes will be resolved before a neutral arbitrator, whose decision will be binding and final, except for a limited right of appeal under the United States Arbitration Act (9 U.S.C. §§ 1, et. seq.). Any court with jurisdiction over the parties may enforce the arbitrator's award. Neither an arbitrator nor the court can award either party any indirect, special, incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages. CLASS ACTION WAIVER. Chill of Westfield NJ and I agree that any proceedings to resolve or litigate any Dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither Chill of Westfield NJ nor I will seek to have any Dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which Chill of Westfield NJ or I acts or proposes to act in a representative capacity. Chill of Westfield NJ and I further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of Chill of Westfield NJ and all other parties to any such arbitration or proceeding. Nothing in this clause limits Chill of Westfield NJ from seeking injunctive relief from a court of competent jurisdiction in aid of arbitration.

GOVERNING LAW; JURISDICTION; VENUE. Except to the extent governed by the United States Arbitration Act (9 U.S.C. §§ 1, et. seq.), this Agreement shall be governed by, and interpreted and construed under, the laws of the State of New Jersey, which laws shall prevail in the event of any conflict of law. In the event that the arbitration clause set forth above is inapplicable or unenforceable, and subject to Chill of Westfield NJ’s right to obtain injunctive relief in any court of competent jurisdiction, the following provision shall govern: Chill of Westfield NJ and I expressly agree that the [Superior Court of the State of New Jersey] shall be the exclusive venue and exclusive proper forum in which to adjudicate any case, dispute or controversy arising out of or related to this Agreement, my participation in a cryotherapy session, and/or my use of the cryotherapy equipment and the Facilities. Without limiting the generality of the foregoing, the parties waive all questions of jurisdiction or venue for the purpose of carrying out this provision. If any clause or provision set forth in this Agreement shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision of this Agreement, which shall remain in full force and effect. In any successful action by Chill of Westfield NJ to enforce this contract, Chill of Westfield NJ shall be entitled to recover all reasonable attorney's fees and expenses incurred by it in such action.

ENTIRE AGREEMENT; SEVERABILITY. I hereby acknowledge that neither Chill of Westfield NJ, nor the Franchisor, nor any other person or entity, has made any written or oral representations, promises, or warranties that I have relied upon in entering into this Agreement, except as expressly set forth herein. This agreement contains the entire agreement between Chill of Westfield NJ and I, and replaces and supersedes any and all prior and/or written agreements. The terms of this Agreement shall continue from this date forward and shall apply each time I participate in a cryotherapy session at Chill of Westfield NJ, without the need for me to re-execute this Agreement. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.

Contraindications for Infrared Sauna and Chill Slim Pod Use:

If you have any questions regarding your current medical conditions and the use of the ChillRx Clearlight Infrared Sauna and/or Chill Slim Pod please consult your medical doctor before use. Utilizing an infrared sauna to treat any disease is neither implied nor should be inferred. In the rare event that you experience pain and/or discomfort while in the sauna or Chill Slim Pod immediately discontinue use.

Seek permission from your doctor prior to use if you have any of the following conditions:

Taking medications, you are under 12 years old, you are over the age of 70, you have a cardiovascular or any kind of chronic condition.

Far infrared sauna and Chill Slim Pod use is contraindicated for people with following conditions:

Pregnancy, Epilepsy, Active Cancer, Broken bones or slipped disc, Infectious or contagious skin conditions, skin lesions, open abrasions and areas of inflammation or persistent erythema, Pacemakes or defibrillator, Hemophilia, Fever, Insensitivity to Heat, Alcohol / Alcohol Abuse, Uncontrolled High Blood Pressure

Contraindications for NormaTec Dynamic Compression

If you have any of these health conditions, please advise the ChillRx technician before using NormaTec that you have a contraindication to its usage.

Acute pulmonary edema, acute infection, episodes of pulmonary embolism, acute thrombophletibits, DVT, Blood clots, lesions or tumors in the treatment area, bone fractures or dislocation in the treatment area.

Contraindications for Celluma LED and Bioptron Hyperpolarized Light Treatment:

There are certain contraindications to receiving Celluma LED and/or Bioptron light treatments, including Epilepsy, Multiple Sclerosis, open wounds, pregnancy or trying to become pregnant, porphyria, lupus, photosensitive eczema, hypomelanism, skin cancer, retinal abnormalities. Please let the technician know if you have any of these health conditions as they are significant contraindications for Celluma use.

There are also certain medications which are light sensitive contraindications:

Thorazine, Chlorpromazine HcL, Sonazine within the last 8 days, Grifulvin V, Fulvicin P/G, Gris-Peg within the past 5 days, Accutane within the last 6 months. Tetracycline’s (Antibiotic) also known as Retin-A, Renova, Atralin more than once a day, Methotrexate (Anti-Arthritis & Anti-Cancer) within the past 3 days, Amiodarone (Anti-Arrythmic), also known as Amiodarone Codarone x, Pacerone only with physician’s approval. Herbal supplements like St. Johns Worts.

I understand that reactions are rare, but may include nausea, dizziness, weakness, and possible skin reactions including redness and/or other irritations. I understand that I can stop the treatment at any time if I have an adverse reaction.

Red Light Therapy is a 15 minute infrared light therapy that contains NO Ultraviolet light. Red Light therapy is not meant to diagnose, treat, cure or prevent any disease. All clients are required to wear protective eyewear during Red Light therapy treatments. Maximum usage is once in any given 24 hour period. Results of red light therapy vary across individuals and no specific results are offered or implied.

Contraindications for Red Light Therapy:

**certain medications, food or cosmetics may increase your sensitivity to red light. If you take photosensitivizing medications, cosmetics or food, consult with your physician prior to red light therapy.

**medical conditions or allergies that prohibit your use of Red light therapy

**pregnancy

**failure to wear FDA certified protective eyewear

**lotions or other products that may cause your skin to be more sensitive to this unique type of light

Massage Chair Therapy is a 15 minute experience in our automated massage chair.

Contraindications for Massage Chair Therapy:

If you have any medical conditions including, but not limited to the conditions below, consultation with a physician or massage therapist is recommended prior to use of the massage chair.

1. If you are sick or have an infection--massage increases circulation, which may increase the severity of the infection.

2. Varicose veins--massage administered directly over varicose veins may worsen condition.

3. Hypertension-- massage chair can increase blood pressure so do not use if you have uncontrolled high blood pressure.

4. Blood clots or the tendency toward them. Massage can dislodge blood clots so you cannot use if you have this tendency or condition.

5. Osteoporosis -- avoid massage

6. Tendency towards fractures, and/or muscle, tendon, or ligament injuries.

Please never leave the massage chair unattended with children are present. Improper adjustments and/or the improper use of this massage chair can cause serious bodily injury. Unauthorized use is strictly forbidden and may result in serious injury or death.

I confirm that I do not have any of the listed contraindications to the Whole Body Cryotherapy, Infrared Sauna, Local Cryotherapy, Red Light therapy, Cryo Facial, Celluma, Bioptron, Massage Chair or Pneumatic Compression. I understand that I take full responsibility for my own health and well-being and have been fully instructed on proper use of these therapies. I have read the above disclaimer and confirm that I am not currently suffering from any of the above mentioned contraindications. By signing below I agree to release ChillRx Cryotherapy from any liability in connection with the use of the Whole Body Cryotherapy, Infrared Sauna, Chill Slim Pod, Red Light Therapy, Local Cryotherapy, CryoFacial, Bioptron, Celluma, Bioptron, Massage Chair and Pneumatic Compression therapies.

In consideration for being permitted by ChillRx Cryotherapy to participate in any Whole Body Cryotherapy, Infrared Sauna,Chill Slim Pod, Red Light Therapy Local Cryotherapy, CryoFacial, Bioptron, Celluma , Massage Chair and/or Pneumatic Compression I hereby waive any and all claims for damages from personal injury or death, which may occur as a result of my participation.

IN SIGNING THIS AGREEMENT, I acknowledge and agree that I have completely read this Agreement and understand each and every provision of this Agreement has been satisfactorily explained to me, that I am at least eighteen (18) years of age and fully competent, and that I am executing this Agreement voluntarily and on my own free will.

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:

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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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