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

Hey — thanks for coming to climb with us. Before you touch a hold or a barbell, we need you to read through this. It's a legal document, so parts of it read like one, but here's the plain idea: bouldering and strength training are genuinely physical and carry real risk, we want you to go in with your eyes open, and in exchange for letting you take part, you're agreeing to give up your right to sue us for injuries caused by our ordinary negligence — the everyday kind of carelessness. Some claims can't be waived under Oregon law, and you keep those. Section 8 lists them.

This agreement covers your participation in any activity offered at Skyhook Bouldering, including bouldering and climbing, use of free weights and fitness equipment (including cable machines, system boards, and climbing training aids), classes, camps, competitions, open gym sessions, and youth programs, along with your use of the climbing, training, and fitness areas where those activities take place (collectively, the "Activities").

THE SHORT VERSION

Bouldering and strength training are a blast — and like any real physical activity, injuries happen. We lay out the specific risks in Section 2.
By signing, you're giving up your right to sue us for injuries caused by our ordinary negligence during the Activities (Section 8).
You're NOT giving up claims that Oregon law says can't be waived — for example, gross negligence or intentional harm, our failure to properly maintain or inspect safety equipment we provide, or negligent safety training of our staff. Section 8 has the full list.
We run security cameras, and we sometimes take photos/video for marketing (you can opt out — see Section 14).
Disputes go through mediation, then arbitration, before court — see Section 15 for what that means.
This summary is just a quick-reference; the full agreement below is what actually governs, so please read it too.

1. How Long This Agreement Lasts

This agreement kicks in the moment you sign it, and it stays in effect for every future visit, class, camp, or event at Skyhook Bouldering until you sign an updated version — you won't need to re-sign each visit. We'll ask you to sign an updated agreement at least once a year, and sooner if we add new kinds of activities or make material changes to this agreement. If you don't sign an updated version when we ask, you won't be able to keep participating. This agreement can only be changed in a writing signed by you and an authorized Skyhook Bouldering representative.

2. The Risks You're Agreeing To

We want you to go into this knowing exactly what you're signing up for. Bouldering and strength training each push your body in different ways, and each comes with real risk of injury. Some of these risks exist even when everyone — including us — is being careful. Others can arise from the ordinary negligence of other people, including other participants and the Released Parties (defined in Section 8). The risks include, but are not limited to:

Falls, including falls from height onto padded or unpadded surfaces, awkward or uncontrolled landings, landing between or off the edge of pads, and injuries from missed spots or crowded landing zones.
The possibility that climbing holds, volumes, or other equipment may shift, spin, loosen, or break during use. (Claims about how we maintain or inspect safety equipment we supply are handled differently — see Section 8.)
Weight-room and strength-training risks, including dropped or shifting free weights, strain or entrapment from machines and cables, muscle, tendon, or joint injuries from lifting, and injuries from inadequate or missed spotting.
Slips, trips, collisions, and impacts, including collisions with other climbers or falling/loose holds.
Cuts, scrapes, bruises, sprains, strains, dislocations, fractures, concussions, traumatic brain injuries, spinal injuries, and overuse injuries such as tendonitis or repetitive stress injuries.
Environmental conditions such as slippery or uneven surfaces, chalk dust, temperature, and humidity.
Actions or omissions of other participants, spectators, coaches, instructors, staff, volunteers, or third parties.
Physical exertion, dehydration, fatigue, allergic reactions, or a medical condition you haven't told us about, including exacerbation of a pre-existing condition.
Exposure to contagious illness in a shared public space.
Conditions in the climbing, training, and fitness areas, such as crowding, bags or equipment left in fall zones, and interactions with other people or service animals in those areas.

There may also be risks we haven't listed here because they're not presently known or reasonably foreseeable. By signing, you're confirming that you've read this list and understand these risks.

3. Security Cameras

We run security cameras throughout the facility for safety, security, and incident review. Security footage isn't used for marketing. By coming in, you're okay with being recorded for these purposes. (Marketing photos and video are separate — see Section 14.)

4. Climbing Assessment & Orientation

New participants complete a climber assessment so we can point you toward the right routes and access level, and everyone must watch our safety orientation video before climbing. We may update that video from time to time, and you agree to review updates as part of ongoing participation.

5. Please Do a Quick Safety Check

Take a look at the equipment, holds, and activity area before you dive in. If something looks off — including a hold that spins or feels loose — tell a staff member right away and hold off on that area until it's sorted out.

6. Are You Fit to Participate?

You're telling us that you (or your child) are physically able to take part safely, and that there's no medical condition that would make it unsafe to do so. If you have a known condition — heart disease, asthma, severe allergies, or similar — we'd encourage checking with a healthcare provider first. We're relying on your own judgment here, and on you telling us if something changes mid-session; please use the Medical Information section below to flag anything we should know.

7. You're Choosing to Take These Risks On

Knowing what's in Section 2, you're choosing to participate anyway. You expressly assume and accept the risks described in Section 2 — known or not yet known — including risks that arise from the ordinary negligence of others. You confirm you're aware of your own skills and limitations, and that you're participating voluntarily.

8. Release of Liability — Please Read Carefully

In this agreement, the "Released Parties" means Skyhook Climbing Gym Incorporated, dba Skyhook Bouldering, and its owners, officers, directors, shareholders, managers, employees, coaches, instructors, volunteers, contractors, agents, affiliates, landlords, successors, and assigns.

BY SIGNING THIS AGREEMENT, YOU — FOR YOURSELF AND FOR YOUR HEIRS, ESTATE, PERSONAL REPRESENTATIVES, AND ANYONE CLAIMING THROUGH YOU — VOLUNTARILY RELEASE, WAIVE, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIM FOR INJURY, ILLNESS, DISABILITY, OR DEATH THAT ARISES OUT OF THE ACTIVITIES AND RESULTS FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING CLAIMS FOR INJURIES RESULTING FROM THE RISKS DESCRIBED IN SECTION 2.

In plain terms: if you're hurt during the Activities because we (or anyone else on the list above) made an ordinary mistake, you can't sue us for it.

What this release does NOT cover. Oregon law doesn't allow the following claims to be waived, and this release doesn't apply to them:

Claims for gross negligence, reckless conduct, willful misconduct, or intentional wrongdoing.
Claims for negligence per se (claims based on violating a safety statute or rule).
Claims relating to the maintenance or inspection of safety equipment we supply that's used in the Activities.
Claims relating to negligent safety-related training of our employees or agents whose conduct causes injury.
Claims relating to abuse of a child, or physical or sexual assault.
Claims relating to negligent hiring, training, credentialing, supervision, or retention of an employee or agent whose conduct causing the injury is grossly negligent, reckless, willful, or intentional.
Claims relating to the operation or use of any vehicle, including for transportation to or from Skyhook Bouldering.

If any part of this release is ever read as going further than Oregon law allows, it will be applied only as far as the law permits.

Signing below confirms you understand you're giving up claims based on our ordinary negligence

9. If Your Actions Cause a Claim Against Us

If someone other than you (or anyone claiming through you) brings a claim against the Released Parties arising from your conduct — for example, breaking our rules, damaging property, or injuring another person — you agree to cover the Released Parties' resulting losses, costs, and reasonable attorney fees, except to the extent those losses are caused by the Released Parties' own negligence or other fault. If you're signing for a minor, you personally agree to do the same for claims brought by others arising from the minor's conduct. This section never requires a parent or guardian to cover a claim brought by or for their own child, and it doesn't limit any other rights the Released Parties have under the law.

10. Legal Fees If We Ever End Up in Court

If either of us has to bring a claim (in arbitration or in court) to enforce this agreement, whoever wins is entitled to have the other side cover reasonable attorney fees and costs, to the extent the law allows.

11. Emergency Care & Medical Information

Skyhook Bouldering doesn't have medical staff or treatment on-site. If we think you (or your child) need medical attention, you're authorizing our staff and any emergency responders to give first aid, CPR, or use an AED, to administer emergency medication if noted on your medical information below, and to arrange transport to a medical facility if needed. You're also authorizing us to share relevant medical information with responders and to contact your emergency contact. We're not on the hook for the treatment itself, and any costs from it are on you.

12. Insurance

We recommend making sure you have coverage that would handle medical costs from an injury here — it's not required, but it's worth checking what your plan actually covers for sports and fitness activities.

13. Facility Rules

Please follow our posted Gym Rules & Etiquette, as we update them from time to time, and any staff instructions while on-site — these cover things like climbing courtesy, fall-zone awareness, weight-room housekeeping, and general conduct. Following them is a condition of participating. Skyhook Bouldering may ask a participant to stop an activity or leave the facility, with or without warning, for unsafe behavior or a rules violation.

14. Photos & Video

We may take photos or video of you (or your child) while you're here, and use them for things like our website, social media, or marketing — no extra pay involved. If you'd rather we didn't, tell the front desk and we can make a note on your account.

15. Governing Law & How Disputes Get Resolved

This agreement is governed by Oregon law. If a disagreement comes up that we can't resolve directly, we'll first try mediation. If that doesn't work, the dispute will be decided by binding arbitration in Multnomah County, Oregon, administered by a mutually agreed upon arbitrator, under its rules for consumer disputes then in effect. Skyhook Bouldering will pay all arbitration filing, administrative, and arbitrator fees above what you would have paid to file the same claim in court. Either of us may instead bring an individual claim in small claims court if it qualifies. Any dispute that isn't subject to arbitration will be heard in the state or federal courts located in Multnomah County, Oregon.

I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court.

SIgning below confirms that you understand the above.

16. Signing Electronically

You can sign this agreement electronically or on paper — your choice. Checking the box below means you agree to sign electronically and that your electronic signature has the same effect as a handwritten one. If you'd rather sign on paper, don't check the box; just ask staff for a paper copy. Even after signing electronically, you can request a paper copy of this agreement in writing, at no cost, and you won't need any special software to view it. You can withdraw your consent to electronic records at any time by telling us in writing — no fee or penalty. Please keep your email address current with us so we can reach you about updates to this agreement.

By signing below you agree to this electronic signature being the binding just as your physical one.

17. If One Part of This Doesn't Hold Up

If a court or arbitrator finds any part of this agreement unenforceable, or broader than Oregon law allows, that part will be enforced to the fullest extent the law permits, and the rest of the agreement still stands.

18. The Whole Agreement

This document is the complete agreement between us about these activities, and it replaces any earlier conversations or agreements on the same topic, including any earlier waiver you signed with Skyhook Bouldering. An earlier waiver still applies to anything that happened before you signed this one.

19. For Parents and Guardians Signing for a Minor

If the participant is under 18, this agreement must be signed by their parent or legal guardian — no one else may sign on a minor's behalf, including another relative, a family friend, or an older sibling. By signing, you confirm you are the participant's parent or legal guardian. As Oregon law allows, you're releasing the Released Parties from claims for the minor's injuries caused by ordinary negligence during the Activities, on the same terms and with the same exceptions as Section 8. You're also consenting to the minor's participation and agreeing, for yourself and on the minor's behalf, to the rest of this agreement.

Parents and guardians are expected to be present and actively supervising during a minor's activities, unless the minor is 16 or 17 and you've completed Skyhook Bouldering's separate unsupervised-participation authorization for staffed hours. Skyhook Bouldering may revoke that authorization at any time for safety or policy reasons.

If a participant under 18 is legally emancipated, please bring documentation (such as a certified copy of the court's emancipation judgment) to the front desk. Management will review it before the participant may sign for themselves.

20. Your Acknowledgment

By signing below, you confirm that you've read and understood this agreement; that you know you're giving up the right to sue the Released Parties for injuries caused by their ordinary negligence, except for the claims listed in Section 8 that Oregon law doesn't allow to be waived; that you understand the arbitration requirement (Section 15); and that you're signing freely and voluntarily. If you're signing for a minor, you're also confirming Section 19 above.

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 waiver to my email

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Effective date: August 6, 2026

Our Privacy Policy

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

This document explains how we use your personal data.

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

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

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

1. How we use your personal data

1.1. This section provides you with information about:

a) what personal data we hold and process;

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

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

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

Members and end users of our services

1.2. Account data. We may process information about you that you provide to us when you first sign up with a service provider ("account data"). This account data may include your name, address, telephone number, email address, date of birth, gender, employment details, and a photograph of you. We may use this data to create your account with the service provider when you sign up. This account data may be updated each time you complete a document through our software. We process account data only as necessary to provide the requested service and update the relevant service-provider account.

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

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

Once you have completed the document, we will process it, convert the document into a different format, and send it to your account with the service provider in order for it to be stored. WaiverKing does not permanently store completed waiver documents on its systems after processing and transmission, although the completed document may be stored in your account with your service provider.

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

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

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

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

Other processing that we may carry out

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

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

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

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

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

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

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

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

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

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

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

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

2. Providing your personal data to others

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

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

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

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

2.5. Service-provider protections. We take reasonable and appropriate steps to require third-party agents and service providers that process personal data on our behalf to protect that information, use it only for the purposes for which it was disclosed and process it in accordance with applicable data-protection laws and our contractual requirements.

3. International transfers of personal data

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

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

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

a) an applicable adequacy decision;

b) standard contractual clauses approved by the European Commission;

c) the United Kingdom International Data Transfer Agreement;

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

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

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

4. Retaining and deleting personal data

4.1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Completed waiver documents are not permanently stored on WaiverKing's systems after they are processed and transmitted to the service provider.

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

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

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

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

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

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

5. Your rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.15. Complaints if you are not subject to the protections of the GDPR. If you think that our processing of your personal data infringes data-protection laws, you may contact us at privacy@waiverking.com, by telephone at +1 (888) 211-6693, or by mail at:

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

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

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

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

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

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

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

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

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

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

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

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

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

10. Changes to the privacy policy. We reserve the right to change this policy at any time, without prior notice to you. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address provided by you or posting the revised policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address and/or review the WaiverKing website and this policy periodically, and be aware of any modifications. Your continued use of the WaiverKing website after such modifications will constitute your: (a) acknowledgment of the modified policy; and (b) agreement to abide and be bound by the modified policy.

11. Our details

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

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

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

11.3. You can contact us:

a) by mail at the company address above;

b) using our website contact form;

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

d) by email at privacy@waiverking.com.

12. Data protection officer

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

13. United Kingdom data protection representative

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

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

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

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

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