Please read the content below then scroll to the bottom of the waiver to sign

CONSENT, RELEASE AND INDEMNITY AGREEMENT

Today’s Date:	Date of Birth:
Client or Parent/Guardian First Name:	Last Name:
Address:
Phone:	Email:

Minor Client Name: <CHILDFIRSTNAME> <CHILDLASTNAME> Date of Birth: <CHILDBIRTHDAY>

CHILLSCULPT, CHILLSKIN, WHOLE BODY CRYO AND LOCAL CRYO

ChillSculpt and ChillSkin treatments utilize the Pagani Cryo T- Shock device, using thermal shock to naturally destroy fat cells without any damage to the skin. The Cryo T-Shock breaks down fat cells, which your body naturally detoxifies from the treatment area through the bloodstream and then the lymphatic system in days and weeks following the treatment. Cryo T-Shock also helps reduce the appearance of cellulite, fine lines and wrinkles by stimulating collagen and elastin production while tightening muscles and skin. Cryo T-Shock is also beneficial for facial toning and lifting. Protocols will be discussed and or adjusted during consultation based on recommendations and clients’ needs.

The Cryo T-Shock should not be applied over inflamed, infected, or swollen areas of the skin, over/near cancerous areas or on clients undergoing active chemotherapy, used on clients who suffer from Liver or Kidney Disease, used on clients on dialysis, used on clients who are pregnant, used on clients who have had Botox treatments within 14 days or Filler treatments within 30 days, or used on clients who suffer from Severe Diabetes where sensation has been lost in the extremities.

I understand that results may vary depending on individual factors including but not limited to medical history, prior treatments of area being treated, skin type, patient compliance with pre/post care instructions and individual response to treatment. I understand that for purposes of fat/cellulite reduction/skin toning, I must maintain good dietary habits, have sufficient intake of water and participate in physical activity as well as comply with other items outlined during consultation.

I understand that any procedure involves risk. Risks may include redness, swelling, irritation, skin reaction, or increased heart rate. Some may experience delayed onset muscle soreness from treatments on the stomach due to unintentionally engaging the abdominals, which disappear later that same day.

Following any Cryo T-Shock Fat Freezing or Cellulite Reduction treatment the client understands that a 3 minute whole body Cryotherapy session or vigorous workout for at least thirty minutes is required the same day in order to facilitate lymphatic drainage and fat burning.

The benefits of whole body cryotherapy are vast and vary from person to person. Consult with your doctor or medical advisor if you have any questions as to whether Cryotherapy is right for you. Contraindications that will preclude you from participating in Cryotherapy include untreated 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, or history of syncope/fainting/passing out

I have been honest and forthright about my medical history, and am healthy to use the device. I do not fall into any category warned of in this disclosure.

EXTRA-CORPOREAL SHOCKWAVE THERAPY

Extracorporeal Shockwave Therapy is a series of high-energy percussions to the affected area. The shockwave is a physical sound wave "shock", not an electric one. Treatment produces an inflammatory response. The body responds by increasing metabolic activity around the site of pain which stimulates and accelerates the healing process (promotes the remodeling of dysfunctional collagenous tissues, such as tendinopathies, trigger points, muscle strains, etc.). Shockwaves break down scar tissue and/or calcification. Transmission of pain is diminished through neurological mechanisms (inhibition of nociceptors). Approximately 5000 shocks are administered per treatment area (the duration of which is approximately 12 minutes). Some patients and/or conditions require more shocks and duration, depending on severity and chronicity (how long the condition or injury has existed).

It is a short treatment (usually five to twenty minutes) that may be fairly uncomfortable. However, most people are able to easily tolerate it. However, if you cannot tolerate it, adjustments on the machine can decrease the pressure you feel. There may or may not be immediate pain, but some discomfort may be experienced 2-4 hours after the treatment. In some cases it can last up to 48 hours and in very rare cases, the pain lasted up to 5 days. Some bruising and swelling can occur. The shockwave will trigger an inflammatory response, which is the body's natural process of healing. For this reason, do not use anti-inflammatory medications. Do not use ice. The pain should subside within 24 hours. Use Tylenol if necessary, provided you have no trouble with this medication. We recommend decreased activity for 48 hours following the treatment. Although the short-term effects alone are exceptional, the long-term benefits of this treatment may take up to 3-4 months. If after this time there has not been any marked improvement, you should see your doctor for further treatment options. Extracorporeal Shockwave Therapy is contraindicated for those suffering from the following: coagulation disorders, thrombosis, heart or circulatory patients, those using anticoagulants, especially Marcumar, Heparin, and Coumadin, Tumor diseases, carcinoma, cancer patients, pregnancy, polyneuropathy in the case of diabetes mellitus, acute inflammations / pus focus in the target area, children in growth, or cortisone therapy up to 6 weeks before first treatment. Side effects of treatment include: (These side effects generally abate after 5 to 10 days.) swelling, reddening, hematomas, petechiae, bruising, pain, skin lesions (especially after previous cortisone therapy). Pain can increase temporarily. Bruising and or swelling are also possible. We want you to be informed of all aspects. By signing the below, you acknowledge that you understand and accept the risks, benefits and costs of shockwave therapy, and consent to having this therapy administered

INFRARED SAUNA AND CHILL SLIM POD CONTRAINDICATIONS

If you have any questions regarding your current medical conditions and the use of the ChillRx Clearlight Far Infrared Sauna and/or Chill Slim Pod, please consult your medical doctor before use. Infrared Saunas creating a cure for or treating any disease is neither implied nor should it 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 for the following: taking medications, under 12 years old, you are over the age of 70, cardiovascular conditions, or chronic conditions. 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, Pacemakers or defibrillator, Hemophilia, Fever, Insensitivity to Heat, or Alcohol / Alcohol Abuse, Uncontrolled High Blood Pressure.

RAPID REBOOT PNEUMATIC COMPRESSION CONTRAINDICATIONS

Rapid Reboot dynamic compression technology is indicated for the temporary relief of minor muscle aches and pains and for the temporary increase in circulation to the treated areas in people who are in good health. The Rapid Reboot Compression Therapy System stimulates kneading and stroking of tissues by using an inflatable garment.

Please talk to your doctor first about the benefits of intermittent pneumatic compression for your specific needs. While Rapid Reboot is safe to use for a variety of applications, please consult your doctor if you know or suspect you may have the following: lesions or tumors in the treatment area, deep vein thrombosis (DVT), pulmonary embolism (blood clot) or edema, thrombophlebitis, inflammation of the skin (eg erysipelas, cellulitis), ischemic vascular disease, severe peripheral neuropathy, or related issues and complications, bone fractures or dislocation in the treatment area.

Acknowledgement:
I understand each person has a different response to each of the treatments detailed above. The risks, benefits, and possible results of each have been explained to me. I have been provided the opportunity to ask questions and received satisfactory responses. I agree to have my photograph taken to document my results and will not be used for marketing unless agreed upon (see below).
Initial

1. 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. 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.

2. ATTIRE DURING WHOLE BODY CRYOTHERAPY SESSIONS. During each whole body cryotherapy session, I agree to wear the cotton socks, gloves and leather clogs provided by Chill Montclair Inc. I understand that all metal from the exterior of my body shall be removed prior to a 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 session, and that if exercise before a session, I must be completely dry before using any machine or process.

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

4. ASSUMPTION OF RISK; WAIVER OF LIABILITY. I acknowledge that Chill Montclair Inc. dba as ChillRx Cryotherapy Montclair has urged me to obtain a physical examination from my physician or medical provider prior to participating. I further acknowledge that my participation in a session and my use of the equipment, the companion therapies, and the facilities at Chill Montclair Inc. 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 session and my use of the Equipment, all companion therapies, and the facilities at Chill Montclair Inc. however caused. In consideration of my participation in a Session and my use of the Equipment and the facilities at Chill Montclair Inc. 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 Chill Montclair Inc. does not manufacture any equipment or products available at Chill Montclair Inc. but rather leases or purchases such equipment and products, and, therefore, I agree that neither Chill Montclair Inc. 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.

5. INDEMNIFICATION; WAIVER AND RELEASE OF LIABILITY. I HEREBY AGREE THAT CHILL MONTCLAIR INC AND THE FRANCHISOR, AND EACH OF THEIR AGENTS, EMPLOYEES, OWNERS, MEMBERS, OFFICERS, 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 MONTCLAIR INC, THE FRANCHISOR OR ANY OF THE OTHER RELEASED PARTIES, WHETHER OR NOT RELATED TO MY PARTICIPATION IN A TREATMENT OR SESSION OR MY USE OF THE 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 MONTCLAIR INC, THE FRANCHISOR OR ANY OF THE OTHER RELEASED PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY FOREVER WAIVE, RELEASE AND DISCHARGE CHILL MONTCLAIR INC, 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 TREATMENT OR SESSION, WHETHER DETAILED ABOVE OR NOT, OR MY USE OF THE EQUIPMENT OR THE FACILITY (COLLECTIVELY, THE “CLAIMS”), AND HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHILL MONTCLAIR INC, 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 MONTCLAIR INC, 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 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 Montclair Inc 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.

6. ENTIRE AGREEMENT; SEVERABILITY. I hereby acknowledge that neither Chill Montclair Inc. 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 Montclair Inc. 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 any and all sessions at Chill Montclair Inc., 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.

BY SIGNING THIS WAIVER OF LIABILITY AND MEDICAL RELEASE AND INDEMNIFICATION AGREEMENT (THIS “AGREEMENT”), AND IN CONSIDERATION OF BEING ABLE TO PARTICIPATE AT CHILL MONTCLAIR INC. DBA CHILLRx CRYOTHERAPY MONTCLAIR, A CHILLRX™ FRANCHISED BUSINESS, LOCATED AT 50 UPPER MONTCLAIR PLAZA, MONTCLAIR, NJ 07043 (THE “FACILITY”), I HEREBY AGREE AND CERTIFY TO CHILLRX FRANCHISING, LLC (THE “FRANCHISOR”) AND CHILL MONTCLAIR INC. I UNDERSTAND THAT CHILL MONTCLAIR INC. IS A LICENSED FRANCHISEE OF THE FRANCHISOR, AND THAT THE FRANCHISOR DOES NOT OWN OR OPERATE THE FACILITY. THE FACILITY IS OWNED AND OPERATED SOLELY BY CHILL MONTCLAIR INC. I ACKNOWLEDGE AND CERTIFY THAT I, , HAVE READ AND UNDERSTAND THE "CONSENT, RELEASE AND INDEMNITY AGREEMENT" FOR THIS TREATMENT, AND THAT I AM SIGNING IT VOLUNTARILY. SHOULD ANY PAIN OR DISCOMFORT OCCUR I WILL IMMEDIATELY NOTIFY THE CHILL MONTCLAIR INC. WELLNESS STAFF. I UNDERSTAND THAT I MUST BE ATLEAST 18 YRS OLD TO PARTICIPATE IN THIS TREATMENT. I UNDERSTAND THAT ALL SALES ARE FINAL AND REFUNDS ARE NOT PREMITTED.

Print Name:
Signature:

Clear

(draw your signature)

DATE:

PHOTO RELEASE

I may choose to give permission for photographs and other audio-visual and graphic materials to be used for marketing, education-promotion purposes. Photographs or accompanying material will not contain my name or any other identifying information. I am aware that I will not be identified in the photos. ChillRx Cryotherapy Montclair agrees to get client approval prior to using any photographs or videos.

Yes, I agree to the above Photo Release.
No, I prefer to opt out.
Initial

CONSENT - COVID-19

Today’s Date:

I, , understand that I am opting to receive one or more services at Chill Montclair Inc., dba as ChillRx Cryotherapy Montclair.

I also understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. I further understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact and accordingly, federal and state health agencies recommend social distancing and other measures to minimize spread.

I recognize that the owner and staff at ChillRx Cryotherapy are closely monitoring this situation and have put in place reasonable measures targeted to reduce the spread of COVID-19. Given the nature of the virus, however, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with services at ChillRx Cryotherapy.

Accordingly, I acknowledge and assume the risk of becoming infected with COVID-19 by using ChillRx Cryotherapy’s services, and I give my express permission for the ChillRx Cryotherapy staff to provide me with these services.

I understand that possible exposure to COVID-19 while at ChillRx Cryotherapy may result in any of the following: a positive COVID-19 diagnosis, extended quarantine/self-isolation, additional tests, hospitalization that may require medical therapy, intensive care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death.

I understand that COVID-19 may cause additional risks, some or many of which may not currently be known at this time, in addition to the risks described in this Consent.

I understand that the staff at ChillRx Cryotherapy have asked or will ask me about my current and prior health status regarding illness and Covid19 exposure. I have been truthful and forthcoming with my answers and do not know of any risks that I am exposing the ChillRx Cryotherapy staff or other clients to.

I understand all the potential risks, including, but not limited to the potential short-term and long-term complications related to COVID-19, and I would like to proceed with the services I desire. I acknowledge that I have been offered a copy of this consent form. This consent form will be binding for all future services that I receive at ChillRx Cryotherapy.

I UNDERSTAND THE EXPLANATION AND HAVE NO FURTHER QUESTIONS AND AGREE WITH THE ABOVE.

Client Name:
Signature of Client Below:

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

First Name:	Last Name:	Birth Date:
Address:	City:	State:
Zip:	Email:	Phone:

Relationship to minor:

Full Name and Birth Date of family members under the age of 18

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

Put Your Legal Signature Below

Clear

Date and Time Signed:

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

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

Send a copy of this Agreement to my email

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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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