Studio Liability Release

STUDIO 6 FITNESS AND INFECTIOUS DISEASE RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

1. I, the undersigned, acknowledge the inherent risks involved when using any type of fitness equipment at Studio 6 Fitness and in all other sports and training sessions relating therein. Accordingly, as consideration in exchange for being allowed to participate in any fitness activities at Studio 6 Fitness, I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction or negligence of others, the rules of play, or the condition of the premises or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Studio 6 Fitness. I agree that prior to participating in any activity at Studio 6 Fitness, I will inspect the studio and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise the staff or another official of Studio 6 Fitness of this unsafe condition and will not participate until this condition is corrected. I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
2. I, the undersigned, acknowledge Studio 6 Fitness takes all reasonable measures to disinfect and clean the premise and its equipment daily to ensure a clean and healthy environment for its clients. During a widespread outbreak of a bacterial or viral disease, including but not limited to SARS, Ebola and COVID-19, I expressly assume the risk of all harm, injury, or illness including death, to myself or others with whom I have close contact and release and forever discharge and hold harmless Studio 6 Fitness from all liability or claim for harm, injury, or illness and death arising out of or resulting from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of JCE Group LLC., dba Studio 6 Fitness.
3. I release, waive, discharge, and agree not to sue Studio 6 Fitness, its parent company, JCE Group LLC., and any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners, contractors and employees (collectively “releases’) from demands, losses, or damages on account of any bodily injury, death, or property damage, caused or alleged to be caused in whole or in part by releases or any other party’s actions, inaction, or otherwise including any negligence or gross negligence. I also agree to indemnify releases from all third-party claims caused in whole or in part by my participation in any of the events or activities conducted by, on the premises of, provided via virtual media, or for the benefits of JCE Group LLC., dba Studio 6 Fitness.
4. I consent to emergency medical care and transportation to obtain treatment in the event of injury to me as Studio 6 Fitness may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
5. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Texas. Any provision or portion of this Waiver, Release and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. If said provision or portion, as well as the remaining provisions or portions hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.

I have read the Waiver, Release and Indemnity Agreement and understand that by signing below, I have given up substantial rights.

Studio 6 Fitness Publicity Release Waiver

Clients are advised that Studio 6 Fitness may photograph, record, and/or videotape its clients while at Studio 6 Fitness and at activities outside the studio where Studio 6 Fitness has agreed to sponsor events such as happy hours, parties, conferences, etc.

Studio 6 Fitness may reproduce, transmit, perform, display, distribute, edit, create derivatives of, and otherwise use, and permit others to use, all photographs, recordings, videos, livestream or virtual productions, writings, statements, and quotations of or by its clients (the “materials”), in any and all media, for any purpose in Studio 6 Fitness’s sole discretion, and without further consent from or payment to its clients. Clients may not use any “materials” for personal promotion or monetary gain.

First Time Clients, Late Arrival Policy

We understand delays happen, but your safety and understanding of the equipment is critical. If you do not arrive 10 minutes early to receive a comprehensive introduction of the equipment, the workout and communicate any pre-existing injuries, you will not be allowed in class. However, the session will be saved in your account for future use. We apologize for any inconveniences.

Privacy

JCE Group, LLC., dba Studio 6 Fitness, including its successors and assigns, understands how important privacy is to our users. This Privacy Policy will tell you what information we collect through your use of the Studio 6 Fitness website, mobile applications, and any services provided under a separate Terms of Service or Trainer Certification Agreement (a “Separate Agreement”) (collectively, the “Services”). It will explain the choices you have about how your personal information is used and how we protect that information. We urge you to read this Privacy Policy carefully.

This Privacy Policy applies to the Services, including all Services provided under a Separate Agreement, and specifically incorporates the JCE Group LLC. Terms and Conditions, located here.

By making use of the Services, you agree to this Privacy Policy and the Terms and Conditions.

Information Collected

The following are examples of types of information we may collect:

• Information you provide to us, including:
  • Name
  • Address
  • Telephone Number
  • Email Address
  • Fitness goals
• Information about your use of the website and other web browsing, including information collected with the use of cookies and web beacons, as well as analytics data including:
  • Pages visited
  • Duration of visits
  • Landing and exit pages
  • Geographic location
  • IP address
  • Browser technology
    
• Additional information about your use of the Services, including:
  • Classes scheduled
  • Classes attended
  • Workouts performed
• Information provided by third-party partners, including:
  • Information from third-party facilities and trainers regarding class attendance and workouts
  • Information from third-party service providers, including third-party call centers
  • Information from third-party analytics and advertising services
    
    

How Information Is Used

We may use information that we collect, alone, or in combination with information provided by third parties, to:

• Provide you with Services
• Improve our Services
• Respond to inquiries you send to us
• Enhance your experience with the Services
• Obtain feedback from you about JCE Group, LLC., and our Services
• Provide you with solicited news and updates
• For marketing and promotional purposes
  
  

Cookies

We use cookies and web beacons to collect information about your use of the website and Services. A cookie is a small piece of information sent by a website that is stored on your computer hard disk by your computer’s browser. A web beacon is an embedded image on a website that monitors a user’s activity.

We may make use of both session and persistent cookies. Session cookies exist for only so long as your web browser remains open. Persistent cookies last from visit to visit, and do not go away when you close your browser. Managing cookie preferences differs from browser to browser so please refer to your browser for further information. If you would like to disable cookies and web beacons from JCE Group, LLC., please use the help function in your web browser to restrict cookies from our website. However, if you block cookies from JCE Group, LLC., you will not be able to make use of the Services.

How Information is Shared

We may share your information within JCE Group, LLC., and its affiliates and subsidiaries. We may also share your information with third parties with whom we have a relationship, either for the purpose of managing the website or Services, or so that the third-party can directly market their products or services to you.

JCE Group, LLC., contractors sometimes have limited access to your information while providing products or services to JCE Group, LLC. These contractors include vendors and suppliers that provide us with technology, services, data analysis, research, advertising, and marketing assistance and/or content for the operation and maintenance of the JCE Group, LLC., website. We contractually require that our operations and maintenance contractors: 1) protect the privacy of your information consistent with this Privacy Policy and 2) not use or disclose your information for any purpose other than providing the limited service or function for JCE Group, LLC.

Additionally, in the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, JCE Group, LLC., reserves the right to transfer information to the new party in control or the party acquiring assets. In the event of such a change, your information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section below that discusses “Changes.”

How Information Is Protected

We take reasonable security measures consistent with federal and state law to protect the security of your Personal Information, including the use of encryption or Secure Socket Layers connections for the transmission of any Personal Information, as defined in Massachusetts regulation 201 CMR 17.02, through the website or Services. In so much as personal email is generally not encrypted, we request that no Personal Information be sent to us via email.

We will retain your Personal Information as long as an account is active or as needed to provide you Services. You may, at any time, instruct us to remove Personal Information, but you should be aware that it is not technologically possible to remove every record of the information you have provided to JCE Group, LLC. from our servers. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

User Preferences and Opt-Out Choices

Email, Direct Mail, Telemarketing, and Third-Party Sharing

To opt out of:

• Receiving promotional or marketing emails from JCE Group, LLC., at a specific email address
• Receiving direct mail
• Receiving telemarketing calls
• Disclosure of information to third parties for marketing purposes
  

You may:

• Use the unsubscribe link in the footer of any email sent by JCE Group, LLC.
• Contact us by mail at the address below.

Interest-Based or Online Behavioral Advertising (OBA)

Internet based advertising uses information about you collected from various online sources (including mobile applications) to provide relevant, targeted advertising likely to be of interest to you. If you would like to opt-out of online behavioral advertising, please click here. Please note that you will be opted out of all interest-based advertising from all business members of the Network Advertising Initiative. If you opt-out, you may continue to see or receive online advertising from JCE Group, LLC.; however, these ads may not be as relevant to you.

Social Network Advertising and Facebook.com Website Custom Audience Ads (WCA)

Facebook Web Custom Audience is a specific Interest-Based Ads program that matches people that have shown interest in JCE Group, LLC., through our website with their Facebook user profile so that we may deliver relevant, interest-based ads on Facebook.com. You can opt-out of this program and all Interest-based advertising through the links provided above.

Do Not Track (DNT)

JCE Group, LLC., does not currently have the capabilities to recognize the various Do Not Track signals from different web browsers. Users may manage their preferences for tracking across sites in the Online Behavioral Advertising section above. For more information on Do Not Track please visit https://www.allaboutdnt.org/.

Children Under 13

The Children’s Online Privacy Protection Act imposes requirements on websites that collect Personal Information about children under 13. Our policy is not to collect any Personal Information on any person under 13, and use of the website or Services by children under the age of 13 is a violation of the Terms of Use.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third-parties or corporate affiliates for those third-parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of Personal Information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such Personal Information. If you are a California resident and want a copy of this notice, please submit a written request to the address below. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow 30 days for a response.

Contact

For questions or concerns about this Privacy Policy or the information we maintain, or to instruct us to remove Personal Information, you may contact:

JCE Group, LLC.
11909 Preston Road, Suite 1412
Dallas, TX 75230
tech@studio6fitness.com

Changes We reserve the right to change or modify this Privacy Policy at any time and any changes will be effective upon being posted unless we advise otherwise. We encourage you to periodically review the JCE Group, LLC., website for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us, do not solicit our Services, and that you do not use the JCE Group, LLC., website.