TERMS OF USE/ PRIVACY POLICY

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY TERMS AND CONDITIONS OF USE OWNERSHIP

Welcome to the ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY web site at http://www.epstacademy.com (‘Site’) which is owned by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. This Site is operated by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and materials on the Site are primarily owned by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@epstacademy.com.

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@epstacademy.com with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY website.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY at info@epstacademy.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

You agree that any Message whatsoever submitted by you becomes the property of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and may be used, copied, sub licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY sees fit.

UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY via this Site, these submissions become the property of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and may be used, copied, sub licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

LINKED SITES AND ADVERTISING

If ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY is connected with, operates or controls these web sites. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY does not endorse and takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.  ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to epstacademy.com.

TERMINATION

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY reserves the right to immediately terminate your use of, or access to, this Site at any time if ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY considers to be inappropriate or unacceptable.

If you believe that any material contained in this Site infringes your copyright, you should notify ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY of your copyright infringement claim in accordance with the following procedure. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Director of Legal Affairs, ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY e-mail: info@epstacademy.com.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent with subject ‘DMCA” to info@epstacademy.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

If your content has been removed from the Site in response to ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY at: info@epstacademy.com

Please include the following information:

Your name, address, telephone number and email address;

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;

A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Your written or electronic signature attesting to the above.

DISCLAIMER OF LIABILITY AND WARRANTIES

While ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

NO WARRANTY

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  .  YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

INDEMNITY

You agree to defend, indemnify and hold harmless ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.

GENERAL PROVISIONS

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by the email address you provide to ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

RESOLUTION OF DISPUTES

In the event a dispute arises between you and ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

BINDING ARBITRATION

All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action.  The arbitration shall be conducted in California, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

You agree that this Agreement and all incorporated agreements may be automatically assigned by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

DISCLOSURES

The services hereunder are offered by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY.

COPYRIGHTS (C) / TRADEMARKS (™)

(C) ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. All trademarks are owned by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY or are used under license. All rights reserved. All materials contained in ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.

REFUND/ CANCELLATION POLICY

All sales are final. In some cases missed sessions may be reschedule on one of the make-up Fridays. All make up sessions must be scheduled in advance and completed within the time frame of the current billing cycle.

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and its subsidiaries operating under the ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY brand (collectively, “ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY”) respect your privacy and use your personal data in an effort to fulfill our commitment to offering and providing an unparalleled member experience. This Privacy Policy (“Privacy Policy”) describes the privacy practices of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, including the types of personal data we collect from our members and guests through electronic or digital means, including our Wi-Fi access points, audio and video recordings and from https://www.epstacademy.com, social media pages located at Facebook: https://www.facebook.com/epstacademyhq; Twitter: https://twitter.com/epstacademyhq; Instagram: https://www.instagram.com/epstacademyhq/ and the downloadable ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY-branded mobile app (collectively, “Digital Properties”), how we use this personal data and with whom we share it. When we refer to personal data in this Privacy Policy, we mean any information relating to an identified or identifiable natural person.

By using the Digital Properties, you are acknowledging that you have read, understand and agreed to the terms and conditions of this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information, as described in this Privacy Policy.

Effective Date: This Privacy Policy was last updated on: August 12th, 2019

WHAT INFORMATION WE COLLECT

We may collect personal data from you when you access and use ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY locations and/or the Digital Properties. The personal data you provide directly to us through your interactions with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, and the Digital Properties will typically be apparent from the context in which you provide that information. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, may also automatically collect certain personal data and information from you while you are interacting with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and Digital Properties. In particular, we may collect information in connection with:

Contact Information: We collect your name and other contact information, such as e-mail address, mobile or other phone number, mailing address and postal code when you fill out a contact form, inquire about our business and membership opportunities, register to use ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY as a guest or with a trial membership, sign up for our mailing lists or enter any sweepstakes or contest we may offer.

Communications and Surveys: We will also collect any information you provide to us in your communications with us, including through emails you send us, exchanges with personnel at ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY through social media. On occasion, we will ask members and other individuals to provide feedback by completing a survey, and we will collect any information you choose to provide in completing a survey.

Membership and Facility Usage Information: If you are a member and/or client, we will collect information about how you use and interact with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and the Digital Properties, including the clubs and times you check in to, workouts you log, classes you book or add to your schedule, and information provided when you purchase or schedule personal training sessions and/or recovery treatments.

Demographic and Fitness Information: We will collect certain demographic information, including your date of birth, age, and gender identity when you join or visit ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY. In addition, as a ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY member and/or client, we may collect certain personal data that you provide regarding your fitness and health, including height, weight, measurements, body fat, performance metrics current and past injuries and surgeries, nutritional information and fitness goals, during the course of your membership such as when you complete a fitness assessment or participate in personal training or recovery treatments and may also gather information about you that is developed by our personnel, such as training session logs and notes taken by personal trainers and other ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY staff.

Digital Account Registration: If you are a member and/or client and establish an account on the Digital Properties we will collect your username, password, and membership number, as well as any other information you provide in connection with your Digital Properties account and account preferences. If you have established a Digital Properties account, you may log in to it in order to review and update your information and preferences.

Transaction Information: Information related to your purchase(s) of goods and services with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information.

Social Media and Third-Party Apps: If you link your social media profiles and accounts to the Digital Properties, or otherwise interact with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY through social media networks (e.g., by clicking a Facebook “like” button) or “check in” to a club through social media, information may be made available to, and collected by ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY through those social media profiles and accounts. In addition, if you elect to connect any third-party fitness devices or apps to the Digital Properties in order to utilize certain features and functionalities, we may collect information about you from such third-party apps.

Usage Information: We may automatically collect certain information about how you use and interact with the Digital Properties and ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY clubs, such as the time and duration of your visit, search query terms you may enter, and the Digital Property pages, features and content you access and how you interact with those pages, features and contents.

Technical Information: When you use the Digital Properties, we may automatically collect information about your Internet connection, browser, or computer/device, including IP address or device ID, browser type, operating system information, time zone, clickstream information, page response times, and download errors.

HOW WE USER YOUR PERSONAL DATA

We use your personal data to provide you with the services, products and information you request, administer your membership and respond to your inquiries and questions, deliver a more relevant and curated experience with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY locations and Digital Properties, and to satisfy our other business purposes and needs. We use your personal data for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal data about you. In particular, we may use your personal data in connection with:

Membership Administration: We process your personal data as necessary to perform our contractual relationship with you as a client, member, or recipient of certain ancillary services such as personal training, including by providing you with administrative and operational communications, announcements and information such as information regarding changes to club hours, billing notifications and appointment reminders. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to communicate you in relation to administering your membership and/or appointments.

Promotional and Marketing Communications: We use your personal data to provide special offers, promotions and information about ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY and our service offerings to you. We may also use your personal data to determine if you are eligible for certain offers. We may also send you newsletters and information about products, services and promotions of our business partners and affiliates that we think you may find interesting.

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have established an account on the Digital Properties, you can also unsubscribe at any time by logging in and adjusting your communications preferences. Although we strive to update our email list as frequently as possible, you might receive another promotional email before we are able to remove you from our lists. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership and/or appointments.

Personalized Experience: If you are a member, we may use your personal data to deliver a more relevant and curated experience to you, including by recommending services or content we think you will enjoy. As part of our effort to provide a personalized experience, we may combine personal data collected through the Digital Properties with other information that we have collected from you in the course of your relationship with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY.

Business Purposes: We use personal data for our legitimate business purposes, including: to operate, evaluate and improve our business and services; develop new businesses, services and solutions; perform market research; advertise and market our business, services and solutions; determine the effectiveness of our advertising and marketing; analyze our businesses, services, solutions and Digital Properties; and improve our security administration of the Digital Properties. This may include aggregating information regarding you across our entire user base or part of our user base.

We may also use your personal data to protect us against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by a law that applies to us.

If we plan to use the Personal Data that you provide to use for other purposes, we will provide an additional privacy notice to you to describe the purposes for which we will use the Personal Data and, as may be required by applicable law, our legal basis for doing so.

HOW WE SHARE YOUR PERSONAL DATA

Except as described in this Privacy Policy or in other situations where we have otherwise provided you with prior notice and, to the extent required by applicable law, obtained your consent, ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY does not sell, rent or otherwise share your name, e-mail address, or any other identifiable personal data to third parties. We may, however, share your personal data for the following reasons and with the following persons:

Service Providers: We may share personal data with other affiliates, companies and individuals who perform services or functions on our behalf, including providers who help ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY maintain the Digital Properties, send postal mail and e-mail, manage and update member lists and records, analyze data, provide marketing assistance and facilitate customer service. We take steps to ensure that all service providers access and use your personal data only to perform their functions, but may not use it for other purposes. However, in certain instances service providers may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.

Affiliates: We may share your personal data with other ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY entities and affiliated companies for our legitimate business purposes, such as administering our databases, providing you with services and products you have requested and otherwise administering your membership and/or appointments, providing services to and on behalf of affiliated ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY companies, and sending you information you have requested or we think you may like about our affiliate’s services, products or solutions.

Compliance and Protection: We may disclose your personal data as required or permitted by law or legal process, including to respond to a court order or a request from a governmental or law enforcement agency; in connection with an investigation of suspected or actual fraudulent or illegal activity; to enforce or apply our membership agreement, terms of use or other agreements we may have with you; and where we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or otherwise protect the rights, property, or safety of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, its affiliates, our users, members or employees, or others.

Corporate Transactions: In the event of a reorganization, merger, sale, dissolution or liquidation of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY or any of its affiliates or assets, we may transfer any and all personal data we have to the relevant third party or affiliate in connection with any sale or transfer of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, or any of its affiliates or assets, including in connection with a merger, reorganization, dissolution or liquidation.

Aggregated Information: We may also share aggregated statistical data with our business partners and prospective business partners that includes your demographic or other information such as how you interact with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY but does not identify you. We reserve the right to provide any and all such aggregated and de-identified data to third parties.

Social Media and Third Party Apps: We may share information with social networks when you interact with the Digital Properties (e.g., a clicking a Facebook “like” button) or connect your social media accounts to the Digital Properties. If you elect to connect any third-party apps to the Digital Properties, your information may also be shared with these third parties. Please see the “Links to Third-Party Sites” section below, as we do not control these third parties or their privacy practices.

TEXT MESSAGES

In certain instances, the Digital Properties may allow you to elect to communicate with ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY by using text message, including in connection with scheduling a visit to one of our ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY locations. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY or receiving any goods or services from ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY.

You may opt out from receiving text message at any time by either replying STOP or CANCEL to a text you have from ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.

COOKIES POLICY

We collect certain information by automated means when you visit the Digital Properties, through various means such as “cookies,” “web beacons” and IP addresses, as described below. A “cookie” is a small text file that a website saves on your computer or mobile device when you visit the site. We use cookies to tell us whether you have visited us before or if you are a new visitor. We also use cookies to help us identify site features in which you may have the greatest interest. Cookies may also enhance your online experience by saving your preferences while you are visiting a particular site. Web beacons” (also known as Internet tags, pixel tags and clear GIFs) allow third parties to obtain information such as IP address, the URL of the page on which the beacon appears, timestamps, browser type, and the information in cookies set by the third party. The Digital Properties use the following types of cookies and web beacons:

Strictly Necessary: These cookies are necessary for the Digital Properties to operate properly and facilitate your use of its features. Without these cookies, certain services cannot be provided. These cookies help us understand information, such as your session ID and other server authentication information. This category of cookies should not be disabled. If you use your browser settings to block them, we cannot guarantee how the Digital Properties will perform during your visit. Examples of our strictly necessary cookies include:

• Healcode by Mindbody: Healcode allows site users to purchase ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY services via https://www.epstacademy.com. These cookies allow the browser remember items in the shopping cart and other preferences.

Performance and Analytics: These cookies collect information about how you interact with the Digital Properties, such as what pages you visit and if any errors have occurred. Information is used to improve how the Digital Properties function. These cookies don’t collect information that identifies you, but generate statistical data about your use of our Digital Properties. Examples of our analytics cookies include:

• Analytics Software: We and our third party tracking-utility partners use log files on our services to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use third party partners such as Google Analytics, which uses cookies and other, similar technologies to collect and analyze information about use of our services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We also use this information to track and aggregate other information to analyze trends, administer our websites, track users’ movements around our services and to gather demographic information about our user base in the aggregate.

Targeting and Advertising: These help customize the content and information you receive on the site and to help deliver ads that we believe are relevant to your interests. Advertising cookies may be placed on the Digital Properties by a third party with our consent, which then enables us to determine whether or not to show you an ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY ad when you are browsing other sites. Third-party cookies we have allowed to be placed on the Digital Properties for advertising purposes are listed below. Please visit the relevant third party’s site for more information on these cookies and how you can opt out of them.

• Facebook Pixel: Facebook Pixel tracks conversions from Facebook ads, optimize ads based on collected data, build targeted audiences for future ads, and remarket to qualified leads—based on action taken on the ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY website.

Your Choices: In addition to visiting the third-party sites above, you can manage cookies through your web browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. Please note, however, that if you disable cookies you may not be able to take full advantage of all features and functionalities of the Digital Properties.

In addition to the browser-based controls, you can manage third party cookies by visiting http://aboutads.info/choices/ and http://youronlinechoices.eu/

PROTECTION AND RETENTION OF PERSONAL DATA

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY maintains technical and organizational safeguards to ensure an appropriate level of security and confidentiality for your personal data, in accordance with our policies and any applicable laws. We keep your personal data for the time period necessary to achieve the purposes outlined in this Privacy Policy, taking into account any record retention requirements under any applicable laws.

CALIFORNIA: INFORMATION FOR RESIDENTS

If you are a California resident, you have a right to request a notice describing the categories of personal data we share with third parties for their direct marketing purposes and the names and address of the third parties to which we have disclosed personal data about you for their own direct marketing purposes within the past year. You may make one request per calendar year, and the information may be provided in a standardized format which is not specific to you individually. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You are entitled to receive You may request this information in writing by contacting us at: info@epstacademy.com with the subject line: California Privacy Rights. Please allow up to thirty (30) days for a response.

ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY does not currently allow third parties to collect personally identifiable information about your online activities over time and across different websites when that individual uses the Digital Properties and therefore does not respond to web browser “do not track” signals.

PRIVACY OF MINORS

If you are under 18, you may register and use ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY’s Digital Properties only with the involvement and consent of a parent or legal guardian. If ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY discovers that personal information has been submitted by a minor without a signed Waiver of Liability & Release of Claims (request at info@epstacademy.com with the subject line: Waiver of Liability & Release of Claims) signed by a parent or legal guardian, ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY reserves the right to delete such information. ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY does not knowingly collect, store or share personal information from minors on any of its Digital Properties.

LINKS TO THIRD-PARTY SITES

The Digital Properties may contain links to or otherwise enable you to connect with other sites, social media platforms or apps such as Facebook, Instagram, twitter, YouTube and Apple (collectively “Third- Party Sites”). We do not control Third-Party Sites and are not responsible for the privacy practices, contents or nature of any Third-Party Site. If you choose to use any Third-Party Site, any personal data collected by such site or app will be controlled by the privacy policy of that third party. We strongly encourage you to read the privacy polices of Third-Party Sites, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR PERSONAL DATA FROM ANY THIRD-PARTY SITES.

UPDATES TO OUR PRIVACY POLICY

We may periodically update this Privacy Policy, in our discretion, to reflect change in our privacy practices, the Digital Properties and applicable law. We will make any changes to this Privacy Policy by posting the revised policy to this page, and such changes will be effective from the date specified in the “Effective Date” section at the top of this Privacy Policy. You should check this page from time to time to ensure you are happy with our current Privacy Policy, and your continued use of the Digital Properties constitutes your acceptance of any changes and agreement to be bound by the modified Privacy Policy.

CONTACT ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY

If you have questions regarding our Privacy Policy, please contact us at info@epstacademy.com. For general questions regarding ELITE PERFORMANCE SPORTS AND TRAINING ACADEMY, our clubs or the Digital Properties please visit https://www.epstacademy.com/contact-us. Your feedback is always welcome and appreciate