MEMBERSHIP

AGREEMENT

As a convenience to me, I hereby authorize FITNESS SF to

initiate debit entries to my account as indicated, until revoked by
me in writing. I understand I must cancel prior to the 20th day of
the previous month to not owe for the following month. In the
event that a Member’s balance is unpaid on the following billing
cycle, the Member will be subject to a $10.00 late fee for each
unpaid monthly debit. Debits start on the 1st of each month after
the membership start date for checking/savings and debit
card/credit card accounts. Any changes made to the members
billing information must be made prior to the 20th of the
preceding month. To cancel this agreement, the account must
not have an outstanding balance. The member must then provide
written notice which states that you, the member, are canceling
this Agreement, or words of similar effect. Such notice shall be
emailed to cancel@fitnesssf.com or submitted through the
FITNESS SF Mobile App/Online Member Portal. You will receive
confirmation that your cancellation has been processed and is
complete. If you, the member, does not receive confirmation that
the account has been canceled, the account will remain active.
FITNESS SF does not accept cancellations in person, over the
phone or any other way than stated above.

This Agreement and all the terms and conditions contained

herein applies to the Member, the Member’s heirs, executors,
administrators, assigns and to the Gym (FITNESS SF), its
shareholders, directors, officers, agents and employees. Weight
training and related exercise activities are inherently dangerous
activities in which participants and other individuals are under
constant risk. The Member is fully aware of the potential dangers
incidental in engaging in the activity and instruction of Exercise
Activities such as weight lifting, bodybuilding, dancing, yoga,
swimming and any other exercise activity. In consideration of
permitting this Member to join this Gym or to participate in
Exercise Activity and/or instruction at these premises including
the entire indoor/outdoor area and parking area, the Member
agrees to voluntarily assume all liability and to indemnify the
Gym for any death, injury or damage suffered by any person,
including the Member, arising out of the Member’s activities at
the Gym even if the death, injury or damage is caused by the
Gym’s own passive or active negligence. THE MEMBER
ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT
AND UNDERSTAND THIS ENTIRE AGREEMENT. THE MEMBER
IS FULLY AWARE OF THE LEGAL CONSEQUENCES OF
SIGNING THIS AGREEMENT by PHYSICAL SIGNATURE,
electronic signature or electronic check box agreement. THE
MEMBER ACKNOWLEDGES THAT IF THEY ARE UNDER 18
YEARS OF AGE, THIS AGREEMENT IS SIGNED, EITHER
PHYSICALLY, ELECTRONICALLY OR BY ELECTRONIC CHECK
BOX, BY THEIR PARENT OR LEGAL GUARDIAN.

You, the Buyer, may cancel this Agreement at any time prior to
midnight of the 5th business day after the date of this
Agreement, excluding Sundays and holidays. To cancel this
agreement, the account must not have an outstanding balance.
The member must then provide written notice which states that
you, the member, are canceling this Agreement, or words of
similar effect. Such notice shall be emailed to
cancel@fitnesssf.com or submitted through the FITNESS SF
Mobile App/Online Member Portal.

MEMBERSHIP

Your membership permits you to use the Gym premises,

facilities, equipment and services (collectively called “Gym”
facilities) and limited by the type of membership as shown on the
Agreement. The Gym membership provides facilities for weight
lifting, cardio training, group exercise and other exercise
activities depending on location. Hours vary by location and are
subject to change. Amenities, services and parking vary per
location and are subject to change. A Month-to-Month
membership has no expiration date and requires a written notice
that you, the Buyer are canceling this Agreement, or words of
similar effect. Such notice shall be emailed to
cancel@fitnesssf.com or submitted through the FITNESS SF
Mobile App/Online Member Portal. Verbal, phone and in gym
cancellations are not accepted. Your membership is
nontransferable and does not give you any rights in the
management or operation of this Gym. The minimum age for
membership is 14 years old with a parent/guardian signature. We
reserve the right to terminate any membership at any time for
any reason.

PHYSICAL CONDITION

THE MEMBER REPRESENTS THAT THEY ARE IN GOOD

PHYSICAL CONDITION AND HAS NO MEDICAL REASONS,
IMPAIRMENT OR DISABILITY THAT MIGHT PREVENT THEM
FROM USING ALL GYM FACILITIES. THE MEMBER
ACKNOWLEDGES THAT THE GYM DID NOT GIVE HIM/HER
ANY MEDICAL ADVICE BEFORE JOINING WHICH MIGHT
RELATE TO A MEMBER’S PHYSICAL CONDITION OR THE
ABILITY TO USE THE GYM FACILITIES. IF THE MEMBER HAS
ANY HEALTH OR MEDICAL CONCERNS, NOW OR AFTER
JOINING, THE MEMBER SHOULD DISCUSS THEM WITH A
PHYSICIAN BEFORE USING THE GYM FACILITIES.

FINANCIAL

Prepaid dues, prepaid membership payments, personal

training and any other fees are non-refundable. A Month-to-
Month has no expiration date and the Member may cancel prior
to the 20th of the month prior to the next debit date, after the
initial debit. The Gym can sell memberships at different rates
and terms than your membership. The Member must pay their
dues even if he/she does not use the Gym facilities. FITNESS SF
reserves the right to use a 3rd party collection agency if the
Member’s dues are unpaid after 90 days.

DUES/FEES INCREASE

Unless the Member has a prepaid membership, the Gym may

increase the dues and fees at any time. The Gym will email the
Member written notice of the increase in the month before the
increase takes effect to the Member’s last known email address.
The Gym does not offer lifetime guaranteed rates on renewals or
monthly membership dues.

OFFICE AND BILLING PROCEDURES

 The Member should be aware of their Electronic Fund
Transfer (EFT) billing date (the day of each month when funds
will be drawn on the Member’s account).

Any changes made to the Member's billing information must

be made prior to the 20th of the month prior to the next bill date.

The Gym is not responsible for billing errors if the error is

brought to the Gym’s attention sixty (60) or more days after the
date the error was billed.

The Gym reserves the right to re-debit a declined account and

update banking or credit card account information provided by
the Member’s banking institution.

TAXES AND CHARGES

The Gym has the right but not the obligation to add to your
dues and fees any tax that the local, state and/or federal
government may impose or mandate including, but not limited to:
use charges, value added taxes, service charges, healthcare
taxes and or sales taxes. If the Member or Guest incurs any
charges for goods or use of the facilities, the Member or Guest
agrees to pay for them according to the gym rates and practices
in effect. If the Member or Guest damages equipment or
facilities, they will be responsible for the cost of repair.

FREEZE

Prepaid and Month-to-Month Memberships may be put on

“Freeze” for up to (3) three months during each calendar year by
completing and sending a "Freeze" request to
freeze@fitnesssf.com and paying a “Freeze” fee which is
required prior to beginning the “Freeze” period. During the
“Freeze” period, the Member can not use any of FITNESS SF's
Gym facilities. You will receive confirmation that your account is
frozen. If you do not receive confirmation, your freeze request
has not been completed. A “Freeze” must be completed prior to
the “Freeze” period.

TRANSFER
 Neither Member nor unauthorized agent will sell, assign or
transfer this Agreement, or his/her membership to the Gym, or
any other right or privilege herein or therein contained.

PERSONAL TRAINING

All personal training sessions and packages are purchased

from FITNESS SF and not one individual trainer. All prepaid
sessions are non-refundable and non-transferable. Scheduled
sessions require a 24-hour cancellation notice or they will be
charged. Prices are subject to change without notice and all sales
are final.

CANCELLATION/TERMINATION

To cancel this agreement, the account must not have an

outstanding balance. The member must then provide written
notice which states that you, the Buyer, are canceling this
Agreement, or words of similar effect. Such notice shall be
emailed to cancel@fitnesssf.com or submitted through the
FITNESS SF Mobile App/Online Member Portal. You will receive
confirmation that your cancellation has been processed and is
complete. If you, the member, does not receive confirmation that
the account has been canceled, the account will remain active.
FITNESS SF does not accept cancellations in person, over the
phone or any way other than by an email sent to
cancel@fitnesssf.com or submission through the FITNESS SF
Mobile App/Online Member Portal.

The Gym may, at its sole discretion, may terminate the

membership if the monthly EFT payments are interrupted or
discontinued for any reason; if the Member fails to follow any of
the Gym policies and rules or violates any part of this Agreement;
or if the Member’s conduct is improper or harmful to the best
interest of the Gym. The Member is liable for all financial
obligations to that date. The Gym also reserves the right to
terminate your membership for any reason without refund not
stated in this Agreement nor as prohibited by law. The Member
may not be allowed to use the Gym facilities after such
cancellation.
 A Member’s heirs or representatives have the right to cancel
this contract in the event of death of a Member. If the Member
becomes disabled and unable to receive all services as
contracted due to disability, the Member shall have an option to
extend the duration of the contract for a period equal to the
duration of the disability up to a maximum of six months. The
Member agrees that in the event they claim disability, the
Member shall submit copies of the Member’s physician’s
applicable records which precludes the Member from using the
facilities or services of the Gym and the condition is verified by a
physician legally authorized to practice medicine.

LIABILITY FOR PROPERTY

The Gym is not liable to you or your guest for articles,

including automobiles or their contents, that are damaged, lost
or stolen while in or about the Gym premises including parking
lots. If you or your guest(s) cause any damage to the Gym
facilities, you are liable to the Gym for the cost of repair or
replacement.

GYM CLOSURE

The entire Gym may be temporarily closed for holidays and for
periods of up to two weeks each year for maintenance purposes
without extensions to your membership. Should the facilities be
unavailable for use at any other time, due to damage by acts of
God, catastrophe, accident or other reason beyond the control of
the Gym, the membership term will be extended for a period
equal to the time of such unavailability. Specific areas may be
closed for maintenance or remodeling purposes from time to
time for up to 60 days without extensions or compensation to
your membership.

THE GENERAL RULES

The Member agrees to abide by all rules and regulations of

FITNESS SF as it appears in this Agreement now in effect or to
become effective at a future date. All signs posted in the gym or
on the premises shall be considered a part of the rules and
regulations.
 Members are to always check-in at the Front Desk upon arrival
or after returning to the Gym.

Members are expected to leave the premises by closing time.

No loud or abusive language permitted. No aggressive

behavior is allowed.

No alcohol, smoking, vaping or drugs are allowed on the

premises.

No sale, distribution or promotion of prescription or non-

prescription drugs.

No personal notice, advertising or other literature, either

posted or for distribution is allowed. .

No adjustments to the television, radios, heater, air

conditioner, fans or other equipment.

Members must wipe down equipment after use and re-rack

their weights.

Cups, papers, bottles, and trash must be disposed of in the

proper receptacles provided.

Excessive smells are not allowed. Body odor, perfume etc.

Children under 14 are not allowed in the Gym.

There is a 30-minute limit on the cardio machines if others are

waiting.

Equipment is to be shared at all times. This includes “Super

Setting.”

Cell phone use must be non-disruptive to other members.

Members are not allowed to train or give instruction to other

members.

Anyone using or in any FITNESS SF facility must identify

themselves if asked by staff.
 No inappropriate behavior is allowed, which may result in
immediate termination without refund.

FLOOR RULES

Members must wear appropriate exercise wear and clean

athletic shoes. Swimsuits, underwear, open toed shoes, street
clothes, offensive attire and jeans are not allowed.

No food or drinks are allowed on the exercise floor.

No hard or black soled exercise shoes are allowed on the

group exercise floor.

Members must replace all free weights on appropriate racks

after use. Free weights are to be lowered carefully to the floor
upon completion of the exercise. Abuse of any equipment will not
be tolerated. Machines or bars may not be overloaded.

Members must use safety belts and/or stops whenever they are
provided on any exercise equipment.

LOCKER RULES

Items may never be stored in day-use lockers overnight. THE

GYM WILL CUT LOCKS OFF AND DONATE ANY CONTENTS TO
CHARITY.

Storage lockers can be rented, subject to availability.

Do not leave valuables in lockers or vehicles.

PARKING

Complimentary parking is not available at all locations at all

times. FITNESS SF is not responsible for lost or stolen items in
your vehicle. FITNESS SF is not responsible for damage to your
vehicle. All members and guests must register their vehicle and
prominently display a FITNESS SF parking sticker on their
vehicle if they wish to use FITNESS SF parking spaces.

ARBITRATION OF DISPUTES
 IF THERE IS A DISPUTE OVER A MINIMUM OF $1000
BETWEEN THE GYM AND THE MEMBER, BOTH PARTIES
AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION
BEFORE THE AMERICAN ARBITRATION ASSOCIATION AT ITS
OFFICE NEAREST TO THE GYM JOINED. THE ARBITRATION
WILL BE CONDUCTED UNDER THE ASSOCIATIONS
COMMERCIAL RULES OF ARBITRATION. THIS MEANS THAT
NEITHER THE MEMBER NOR THE GYM CAN SUE ONE
ANOTHER IN COURT OVER SUCH DISPUTES. THE MEMBER
AND THE GYM AGREE TO HAVE A NEUTRAL ARBITRATOR
DECIDE DISPUTES, NOT A JURY OR A JUDGE. EACH PARTY
AGREES TO WAIVE THE RIGHT TO A JURY TRIAL AND TO
APPELLATE REVIEW. THE ARBITRATOR MAY CONTINUE IN
THE MEMBER’S ABSENCE IF, AFTER DUE NOTICE, THE
MEMBER FAILS TO APPEAR. THE DISPUTE WILL COVER ANY
ASPECT ARISING FROM OR RELATING TO THE MEMBERSHIP
AND THIS AGREEMENT WHICH INCLUDES WITHOUT
LIMITATION, FINANCIAL OBLIGATIONS, FACILITIES,
REPRESENTATIONS AND INJURIES.

ENTIRE AGREEMENT CLAUSE

The Member acknowledges that neither the Gym nor anyone

else has made any representations or promises upon which
he/she relied that are not stated in this Agreement. This
document contains the entire agreement between the Member
and the Gym and replaces any oral or other written agreement. If
a court of law declares any part of this Agreement invalid, it will
not invalidate the remaining parts, which continue to be
unaffected. If the Gym does not enforce any right in this
Agreement for any reason, the Gym does not waive its right to
enforce it later.

SMS Terms & Conditions

Location on website: https://fitnesssf.com/sms-terms-

conditions/

FITNESS SF SMS Program

Please read these terms and conditions carefully. By

signing up for the FITNESS SF text messaging program
(the “SMS Program”), you expressly consent to receive
non-marketing and marketing text messages from
Jackovics Enterprises, Inc., and the family of companies
operating under the FITNESS SF brand (collectively
referred to herein as “FITNESS SF,” “we,” or “us”),
including text messages made with an automatic telephone
dialing system. You may opt-out of these communications
at any time, as described below. Consent to receive text
messages is not a condition of purchase.

By signing up for the SMS Program, you also accept and agree
to be bound by the FITNESS SF Terms of Service, and agree that
the collection and processing of your personal data will be in
compliance with the FITNESS SF Privacy Policy.

SMS Program Description & Frequency

By signing up for the SMS Program, you consent to receive

recurring and single FITNESS SF text messages to your mobile
phone or device regarding various promotions, alerts and events,
which may be generated using automated technology. These
messages may include informational messages, such as billing
notices, notices relating to our services and facilities (including
locker room closures and similar notices) and similar
information, as well as promotional messages about our offers,
promotions, contests and sweepstakes. You will receive a
maximum of 2 promotional messages per week. You will receive
recurring informational messages (including billing notices) as
necessary to keep you informed regarding our facilities and
services and to provide you with our services. Consent to these
terms is not a condition to purchase.

Cost

Message and data rates may apply to each FITNESS SF text

message you receive. All charges are billed by and payable to
your mobile service provider. FITNESS SF does not charge you a
separate fee for sending or receiving text messages to or from
52989 in connection with our SMS Program.
 How to Opt-In

You may sign up to receive FITNESS SF text messages

through the SMS Program by:

Texting SUBSCRIBE to 52989;

Checking a box in the FITNESS SF mobile applications or on

our website; or

Signing up at one of our locations.

How to Opt-Out

To opt-out of the SMS Program and stop receiving text

messages from FITNESS SF, text STOP to 52989. You will
then receive confirmation of your opt-out from the SMS
Program.

Support and Help

Text HELP to 52989 with questions or for more

information about our SMS Program. You may also call
FITNESS SF at 415-348-6377 or email us at info@fitnesssf.com.

Supported Carriers

Supported carriers include AT&T, Sprint/Boost/Virgin, T-

Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina
West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular,
ACS/Alaska, Advantage Cellular (DTC Wireless), Aio
Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network
International (ATN), Bandwidth, Bluegrass Cellular, Buffalo
Wireless, CableVision, Cellular Network Partnership (PIONEER),
Cellular One of East Central Illinois, Chariton Valley Cellular,
Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral
Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless),
Duet IP (Maximum Communications New Core Wireless),
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone),
GCI Communications Corp, Golden State Cellular, i Wireless
(IOWA Wireless), Illinois Valley Cellular (IV Cellular),
Immix(Keystone Wireless), Inland Cellular Telephone Company,
Leaco, Mosaic (Consolidated or CTC Telecom), MTA
Communications, MTPCS (Cellular One Nation), Nex-Tech
Wireless, Northwest Missouri Cellular Limited, Panhandle
Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt
Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush
Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT
Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular,
Union Telephone Company(Union Wireless), United Wireless,
Viaero Wireless, West Central Wireless (5 Star Wireless).

Regarding T-Mobile specifically, T-Mobile is not liable for

delayed or undelivered messages.

Your Mobile Number

By signing up for the SMS Program, you represent that the

telephone number you provide to us is your own and agree that
you are responsible for notifying us if this number changes.

Consent to Electronic Communications and Notices

You may communicate with and receive notices from FITNESS

SF, via mail, telephone, text messages or our website. You agree
that such notices, including any electronic notices, shall have
legal effect and shall satisfy any requirement that notices be
provided in writing. You may have the right to withdraw your
consent to receive certain electronic communications, and, when
required by law, we will provide you with paper copies upon
request. If you do not agree or withdraw your consent, some or
all of our products or services may not be available to you.

FITNESS SF

Privacy Policy

Jackovics Enterprises, Inc., and the family of companies

operating under the FITNESS SF brand (referred to herein as
“FITNESS SF,” “we,” or “us”) are providing this notice (this
“Policy”) to describe our collection, use, disclosure, retention,
and protection of your personal information in connection with
use of the FITNESS SF website and mobile applications,
including any content or information provided as part of these
services (collectively referred to herein as the “Services”). We
created this Policy to give you confidence as you visit and use the
Services, and to demonstrate our commitment to fair information
practices and the protection of privacy. By accessing,
browsing, downloading, using or registering for our
Services, you are accepting the terms of this Policy and
our Terms of Service, and you are consenting to our
collection, use, disclosure, retention, and protection of
your personal information as described in this Policy. If
you do not provide the information we require, we may not be
able to provide all of our Services to you.Personal Information

“Personal information” is information that can be associated

with a specific person and could be used to identify that specific
person whether from that data or from that data and other
information that we have or are likely to have access to. We do
not consider personal information to include information that has
been made anonymous or aggregated so that it can no longer be
used to identify a specific person, whether in combination with
other information or otherwise.

Effective Date and Changes to PolicyThis Policy is effective

as of January 22, 2018, and will remain in effect except with
respect to any of its provisions that are changed in the future, in
which case the changes will become effective on the date they
are posted on the Services or we otherwise notify you of the
changes. We reserve the right to change this Policy at any time.
Changes, modifications, additions, or deletions will be effective
immediately upon their posting to the Services. Your continued
use of the Services after we post any such modifications will
constitute your acknowledgment of the modified policy and your
agreement to abide and be bound by the modified policy.

Information We May Collect

We collect, process and retain personal information from you and

any devices (including mobile devices) you may use when you use
our Services, including when you inquire about or register for a
free trial or membership, complete online surveys, or provide us
with information on a web form, update or add information to
your account, subscribe to our mailing lists, link your social
media profiles and accounts to the Services, or otherwise
correspond with us regarding the Services.

We may collect two basic types of information through the

Services: “personal information” and “non-personal
information.” The personal information we collect includes the
following:

Identifying information such as your name, address, telephone

number, email address and other contact information;

Information that you provide, or that is connected to your

membership, including your username, password, membership
number and photos used for your profile, health related
information, training data (including without limitation, calories
burned, distance traveled and heart rate), workout routines, text,
audio, images, videos, and any information you authorize us to
import or export to or from select social networking and other
websites operated by third parties;

Financial information (such as credit card numbers, bank

information, billing address, and goods and services you
purchase from us);

Other information that we are required or authorized by

applicable law to collect and process in order to authenticate or
identify your, or to verify information we have collected;

Information we receive from the devices you use (such as

device IDs, device type, etc.);

Information about how you use the Services, and other

products and services we provide, such as classes or training
sessions you book through the Services; and

Geographic information and computer and connection

information, such as statistics on your page views, traffic to and
from the Services, and referral URL and location data, if enabled
(including without limitation, GPS coordinates traveled, cellular
tower identifications, Wi-Fi access points, altitude and any other
information provided by your mobile device or computer).

We also may collect a limited amount of fitness, physical

activity and health related information from you if you create an
account with us or join a FITNESS SF location. This information
(such as whether you are pregnant, suffer from a heart condition,
dizziness, high blood pressure, and knee or back problems) helps
you determine your eligibility to participate in our training
programs. If you participate in our virtual training, coaching or
training programs we may also obtain certain measurements,
height, weight and age from you. Your calories burned, distance
traveled and heart rate may be obtained from your mobile
device. We also may receive your health, fitness and medical
data from the Apple HealthKit API, Samsung Health API, InBody,
Physmodo Maps or any other data source you choose to
participate in and share data with FITNESS SF.If you give us
personal information about someone else, you must do so only
with their explicit and prior consent. You have to inform them
how we collect, use, disclose, and retain their personal
information according to this Policy.
Non-personal information is aggregated information,
demographic information, IP addresses and any other
information that does not reveal your specific identity. This non-
personal information may include “clickstream data” (server
address, domain name). We may use clickstream data for traffic
analysis or e-commerce analysis of our website, to determine
which features of our Site are most or least effective or useful to
you. We may also use cookies, web beacons, unique identifiers
and similar technologies to gather information about your use of
our Services, the other goods and services we provide and
enhance your experience. The click stream data may also contain
a “Do Not Track” signal or mechanism. The Services does not
respond to “Do Not Track” signals or mechanisms. Our business
partners may use cookies on our Services. We have no access to
or control over these cookies once our business partners have
been given permission to set cookies. This Policy covers the use
of cookies by us only and does not cover the use of cookies by
any advertisers or business partners.How We Use Your
Information

We will primarily use the personal information you provide and

any non-personal information we receive from you to provide,
promote and improve our products and services, including the
Services, to contact you about your membership (or interest in a
membership) and our other goods and services, to provide you
customer service, and to detect, prevent, mitigate and
investigate fraudulent or illegal activities. We may use and retain
your personal information as follows:

Provide, improve, and personalize our Services

Provide access to and use of the products, information and

services you request.

Give you access to your membership information, transaction

history, internal messages and other features.

Customize, measure, and improve our products and services.

Provide other services requested by you as described when we

collect the information. We may use the information we have
collected about an individual through the Services with
information collected offline, whether provided by the individual
to a staff member or personal trainer, or when completing
questionnaires about the individual’s health or fitness goals, to
provide such individuals with a tailored experience.

We may use geo-location information to provide you with

location based services (such as search results, and other
personalized content).

In the event of a merger, reorganization, sale or other transfer

of all or any part of FITNESS SF, we may transfer any and all
personal information we have collected in connection with such
transaction, the transferee and its affiliates may use your
personal information under the terms of their own privacy
policies, which may differ from this Policy.

Contact you about your membership and provide you

customer service

Contact you to notify you regarding your membership,

troubleshoot problems with your account, resolve a dispute,
collect fees or monies owed, poll your opinions through surveys
or questionnaires, or as otherwise necessary to provide you
customer service and communicate promotions about our goods
and services.

Contact you as necessary to enforce our Terms of Service,

applicable laws, and any agreement we may have with you.

For these purposes we may contact you via email, telephone,

and postal mail.

Prevent, detect, mitigate, and investigate fraudulent or

illegal activities

Prevent, detect, mitigate, and investigate fraud, security

breaches, potentially prohibited or illegal activities

Enforce this Policy, our Terms of Service or other policies.

We retain your personal information as long as it is necessary

and relevant for our operations. In addition, we may retain
personal information from terminated memberships and
prospective members to comply with national laws, prevent
fraud, collect any fees owed, resolve disputes, troubleshoot
problems, assist with any investigations, enforce our Terms of
Service and take other actions permitted or required by
applicable national laws. After it is no longer necessary for us to
retain your personal information, we dispose of it in a secure
manner according to our data retention and deletion policies.

Disclosing Information to Third Parties

We do not sell, trade or otherwise transfer your personal

information to third parties without informing you in advance.
Notwithstanding any other provision of this Policy, we will not
share any of your personal health related information, including
your data from the Apple HealthKit API, Samsung Health API,
InBody, Physmodo Maps or any other data source you choose to
participate in and share with FITNESS SF with others for
marketing and advertising purposes. We provide some of our
services through contractual arrangements with affiliates,
service providers, partners and other third parties (collectively,
“service partners”). Our service partners may use your personal
information to operate our Services and to deliver their services
(such as to facilitate the processing of payment cards when you
pay within our Services with a credit card). These service
partners will only use your data for the purpose of carrying out
the work as agreed with us and will be required to keep the
information confidential. We will encourage our service partners
to adopt and post privacy policies. However, the use of your
personal information by our service partners is governed by the
privacy policies of those service partners and is not subject to
our control. The Services may now or in the future include
interactive forums, chat rooms, message boards, and news
groups for the posting and exchange of information, ideas and
opinions. Additionally, you may through the Services post
information to third party services. Please remember that any
information that is disclosed in these areas becomes public
information and you should exercise caution when deciding to
disclose personal information.Notwithstanding any other
provision of this Policy to the contrary, we reserve the right to
disclose your personal information to others as we believe is
appropriate (a) under applicable law; (b) to comply with legal
process; (c) to respond to governmental requests; (d) to enforce
our Terms of Service; (e) to protect our operations or those of our
partners; (f) to protect the rights, privacy, safety or property of
FITNESS SF, our partners, you or others; and (g) to permit us to
pursue available remedies or limit the damages we may
sustain.Protection of Your InformationWe use reasonable
organizational, technical and administrative measures to protect
personal information under our control. Security measures and
tools, such as firewalls, are in place to help protect against loss,
misuse and alteration of the information under our control.
Unfortunately, no data transmission over the Internet or data
storage system can be guaranteed to be 100% secure. By using
the Services, you expressly acknowledge and agree that we do
not make assurances about, or guarantee the security of, any
data provided to or received by us through the Services and that
any personal information, non-personal information, or other
data or information received from you through the Services is
provided to us at your own risk, which you expressly assume. The
Services are controlled and operated by us from inside the
United States, and are not intended to subject us or any of our
partners to the laws or jurisdiction of any state, country or
territory other than that of the United States. By using the
Services and submitting any personal information, visitors from
outside acknowledge that the Services are subject to United
States law and consent to the transfer of personal information to
the United States, which may provide a different level of data
security than in their country of residence, and waive any claims
that may arise under their own national laws. Notice
Concerning ChildrenOur websites and mobile applications are
general audience websites and mobile applications. We do not
direct any of our content specifically at children under 13 years
of age. We understand and are committed to respecting the
sensitive nature of children’s privacy online. If we learn or have
reason to suspect that a user is under age 13, we will promptly
delete any personal information in that user’s account. FITNESS
SF offers membership to individuals who are at least 18 years of
age, and, with the written consent of a parent or guardian, to
individuals who are at least 14 years of age.Disclaimers

All the information on the Services is published in good faith

and for general information purposes only. We do not make
any warranties about the completeness, reliability and accuracy
of this information. Any action you take upon the information
found through our Services is strictly at your own risk and we
will not be liable for any losses and damages in connection with
the use of our Services.

You must promptly notify us if your username or password is

lost, stolen, or used without permission.

Through our Services you can visit other websites by following

hyperlinks to these sites. While we strive to provide only links to
useful and ethical websites, we have no control over the content
and nature of these sites and the links to other websites do not
imply a recommendation for all the content found on these
sites.

You can verify your contact information is accurate, complete,

and current and modify your privacy preferences (including
opting-out of receiving certain types of communications) by
logging in to your account and going to your account preferences
page. For other personal information we will use commercially
reasonable efforts to provide you with access so you can request
that we correct data that is inaccurate or delete data if we are
not required to retain it by law or for legitimate business
purposes. We may decline to process requests that we deem are
unreasonable, repetitive, require technical modifications,
jeopardize the privacy of others, are impractical or for which
access is not otherwise required by applicable law.

Please also be aware that when you leave our website, other sites
may have different privacy policies and terms which are
beyond our control. This Policy does not extend to anything that
is inherent in the operation of the Internet, and therefore beyond
our control, and is not to be applied in any manner contrary to
applicable law or governmental regulation. This Policy only
applies to information collected through the Services. This Policy
does not apply to any information we may collect from you in any
place other than the Services.

Questions or CommentsIf you have any questions or

comments relating to our Services or this Policy, send an email to
info@FITNESSSF.com. You may also contact us by writing to 150
Nellen Avenue, #250, Corte Madera, CA 94925. If you are a
California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs by contacting them by mail at
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834,
or by telephone at (800) 952-5210.