The client expressly agrees that all weight training and/or cardio programs offered by trainer shall be undertaken by the client at his/ her sole risk. The Client understands and takes full responsibility for any and all injuries/damage(s) as a result of his/her own negligence, the negligence of others, or through no fault of the Client, Trainer, or anyone else, due to the nature of the activity. It is further agreed that Trainer shall not be liable for any injuries or damage to Client or Guest, nor to be subject to any claim, demand, injury or damages whatsoever, including but not limited to those damages resulting from acts of active or passive negligence on the part of Trainer, his/her successors or assigns. The Client agrees to indemnify and hold Trainer harmless for any loss caused by Client for which Trainer is accused or held liable including attorney’s fees and court costs.
This policy may change from time to time. Your continued use after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
We encourage you to read this whenever you visit our fitness clubs or Sites or use our Apps, since we may change this policy from time to time. A copy of the current policy is always posted at www.fitnesscomesfirst.net
In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself, except for our collection of "cookies" as described in Section 3.
We may collect personal information from you on our Site and Apps or through any other digital or personal communication with you. Information collected by us is voluntarily provided by you and may be integrated with other information you have provided to our franchisees upon signing up for a membership at an Fitness Comes First® club.
If you are an Fitness Comes First ® member, you may choose to integrate information from your membership account with the Site and our Apps, but you will have the opportunity to opt-in to that integration of information across different platforms. Our Site and the Apps may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Some of the information described below is mandatory for the performance of certain services, and if not entered, you may not be able to utilize or participate in some of our online services or features.
The information we may collect through your use of the Site may include, but is not limited to:
To fully utilize the products and services available through our Apps, you may choose to download separate applications, owned and operated by Fitness Comes First Inc., and may opt to have the information entered into those applications automatically integrate with the Fitness Comes First® App. We may also integrate the Apps with other applications or platforms. If you choose to integrate information collected by a separate application or entity, once integrated with the Apps, we will also have access to and the right to use the data provided to your Fitness Comes First® profile.
The information we may collect through your use of the Apps may depend on the version of the Apps or the country you are in, but this information may include, but is not limited to:
You may choose to log into your Fitness Comes First® account on the Site or through our Apps via certain social media networking services, such as Facebook and Twitter ("Social Media Accounts"). By integrating these Social Media Accounts into your account, we are able to offer you more personalized services, but may also collect certain personal information provided in your Social Media Accounts, such as your profile information, email address, profile picture and friend list. If you do not want us to have access to this information, do not utilize the Social Media Account sign-in feature.
Our Site and Apps are not designed for children and we do not knowingly collect information from any person under the age of 13. If you are under the age of 13, please do not submit any personal information to us through the Site or any Apps. If we learn we have collected or received personal information from a child under 13, we will delete that information.
We will use your personal information to provide the services we offer on the Site and through our Apps, including:
We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In order to operate the Site and Apps as one seamless experience, however, we must share your personal information with our parent company, subsidiaries, and affiliates to provide you with the integrated services offered through the Site and Apps. We may also share such information with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services they offer would be of interest to you. We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Site or Apps, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our franchisees, vendors, or other business partners may use this information for marketing and solicitation purposes.
Your fitness club visit data (for all Fitness Comes First® clubs that you visit), App data, and personal information may be made available to those clubs' franchisees, management and employees, or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal information, and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use through the Fitness Comes First® club system or Apps. Additionally, you may choose to share personal information from the Site or Apps with personal trainers or other Fitness Comes First® members to assist you in evaluating your activities and goals.
While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds. We may transfer to our online service providers personal information you provide to us so that these parties may store and process your personal information.
We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personally identifiable information.
Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.
We may also disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.
In addition, since member information on our Site and in our Apps is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.
A "cookie" is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Site or Apps by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these "cookies," but that limitation may also limit our ability to provide all the services or functionality of the Site or Apps. Some third party service providers may use "flash cookies," which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe's website.
In collecting and maintaining cookie-based information or other information collected directly from your mobile device, such as your geolocation, we are able to:
We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Fitness Comes First® product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with Fitness Comes First® products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google's Ads Settings.
We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may edit or deactivate your account information or account at any time by signing into your account on the Site or the Apps and navigating through your settings. You may request a copy of the personal information we have about you. You may send a request by letter to: Fitness Comes First, LLC, Attention: Data Protection Officer, 23392 Madero Suite J, Mission Viejo, California 92630 U.S.A., or to the contact information provided in our country-specific addenda.
Unless otherwise stated in an addendum, all communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.
You may opt out of certain collections of cookies or other web- or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant products or information regarding the Site and Apps. Currently, our servers do not respond to browser "do not track" signals. If you would like more information regarding online marketing practices and know your choices about not having this information used by our third party service providers, you may visit www.networkadvertising.org/choices.
To limit the integration of the Site and Apps with other related applications, you may disable the application through your setting preferences on the Apps or delete the applicable application from your mobile device. Deletion of the application may not delete information previously obtained through the related application.
To unsubscribe from our emails or other communication from us or a third party, you may follow the "unsubscribe" link at the bottom of the email or sign onto your account and change your email settings. To unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us at email@example.com
We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
For further information or enquiries regarding your personal information (including to request access to or correction of your personal information or to make a privacy complaint), please contact our Data Protection Officer at:
Fitness Comes First, LLC
Attention: Data Protection Officer
23392 Madero Suite J, Mission Viejo CA 55125 U.S.A.
If you have a complaint about how we have collected or handled your personal information, please contact our Data Protection Officer at the mail address set forth above.
California Civil Code Section § 1798.83 permits users of our Site or Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Data Protection Officer.