Last Updated, November 2023. RELEASE AND WAIVER OF LIABILITY AGREEMENT, Privacy Policy, Membership Terms & Conditions and Refund Policy. RELEASE AND WAIVER OF LIABILITY AGREEMENT Waiver & Consent I acknowledge that I have voluntarily applied to engage in weight training exercises and /or aerobic exercise at the Michelin Sports and Social Club of Waterville ("MSSC" or the "Club"). I AM AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY ENGAGING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I REPRESENT AND WARRANT TO THE MSSC THAT I AM IN GOOD PHYSICAL HEALTH AND ABLE TO ENGAGE IN SUCH PHYSICAL ACTIVITIES. I verify this statement by signing this waiver. THE FITNESS CENTER IS NOT MONITORED AND AS SUCH THE USE OF FREE WEIGHTS IS STRICTLY PROHIBITED UNLESS A SPOTTER IS PRESENT. I verify this statement by signing this waiver. In consideration of my being permitted to engage in such physical activities at the MSSC, I for myself my heirs, executors, administrators, and assigns, do hereby release and discharge the Michelin Sports and Social Club, it officers, directors, employees, agents, and representatives (collectively, “Releasee”) and against any and all actions, claims, costs and expenses and demands whatsoever (collectively “Lossees”), respect of death, injury, loss or damage to my person or property however caused out of my being permitted to engage in such physical activities at the MSSC, notwithstanding that same may have been contributed to or occasioned by the negligence of any of the aforesaid. I also agree to Indemnify and hold harmless each Releasee from any losses it may incur due to my engaging in physical activities at the MSSC. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE MSSC AND SIGN IT OF MY OWN FREE WILL. (Parent or legal guardian must sign if member is under 18 years of age). INFORMED CONSENT AGREEMENT. I declare that I intend to use some or all of the activities, facilities, programs and services offered by the Club and I understand that each person, (myself included), has a different capacity for participating in such activities, facilities, programs and services. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental or emotional) and the awareness, care and skill with which I conduct myself in that activity or program. I acknowledge that my choice to participate in any activity, service and program of the Club brings with it the assumption by me of those risks or results stemming from this/these choice(s) and the fitness, health, awareness, care and skill that I possess and use. I agree to adhere to all wellness center rules and regulations. In addition, I understand that I am free to withdraw from, reduce or modify my involvement in any program activity and I realize that I should do so upon recognition of any signs of adverse effects. I further understand that the activities, programs and services offered by the Club are sometimes conducted by personnel who may not be licensed, certified, or registered instructors or professionals. I accept the fact that the skills and competencies of some employees and/or volunteers will vary according to their training and experience and that no claim is made to offer assessment or treatment of any mental or physical disease or condition by those who are not duly licensed, certified or registered and employed by the Club to provide such professional services. In addition, I acknowledge that I have inquired about the nature of any activity, program or services that I am not completely familiar with and I have been informed of any inherent risks. CODE OF CONDUCT. I agree that as a member or visitor to the Club to follow all rules and code of conduct. I will maintain a respectful, safe, and inclusive environment for the equipment, personal hygiene, noise levels, and behaviors. PRIVACY POLICY. We collect certain information by automated means when you purchase a membership or visit the Club. We take your privacy very seriously and do share this information. The personal information we do collect is processed for the following purposes: 1. To offer secure and digital access to the Club. 2. To register and maintain an up-to-date online and offline account. 3. To process payments and credit card transactions 4. To provide information about Club updates, events, classes, services and other related news. 5. To operate, analyze and enhance your membership features. 6. To prevent fraud; enforce security; and member only Club use. We utilize Third-Party applications, plug-ins, APIs and employee information only what is necessary for the membership and mobile apps to function. We comply with all laws and Terms of Use of these platforms. If you link to a social media account, please read their privacy policies and cookies as we do not have control over their data collection and by visiting their websites, you are agreeing to their policies. Email and messaging, with your permission, your account will push notifications and email reminders related to your membership. By purchasing or using the Club's app you may receive email alerts. You may notify us directly in writing to opt-out or unsubscribe. Please see how to contact us on our website. We retain personal information for the duration of the relevant business relationship. RULES FOR SECURE GYM ACCESS (Wellyx APP): - Release and waiver of liability must be read, agreed to and signed - Only membership holders are permitted to use the facility after-hours (no guests without guest pass purchase) - Access is only available to MSSC Members and Associate Members age 16 or older (14 & 15 year-olds require an adult over the age of 18 with them at all times). Children 13 and under are not permitted at any time. - Violation of rules or misuse of the Secure Access or Wellyx App may result in deactivation, and will be dealt with by the MSSC Discipline Committee - Parking is never permitted in the fire lane outside the club. Regular parking lot must be used at all times - MSSC reserves the right at any time, under the boards sole discretion to suspend or cancel anyone's Secure Access.