Athlete Waiver
agreement
Run Club, LLC, (“PACE”) is the owner of the fitness facility located at 225 Louisiana St, Buffalo, NY 14204, (“Premises”), and is willing to permit the undersigned, to use the Premises in accordance with the terms and conditions of this agreement (the “Agreement”).
In consideration of being provided access to and the use of the Premises, the undersigned hereby stipulates and agrees:
1. Use of Premises: That I may only use the Premises and the equipment therein in accordance with this Agreement and the rules and regulations of the PACE. I further agree that I am responsible for the proper use and care of the Premises and any of PACE's property thereon, and that I may be liable for the replacement cost of any property which is damaged, destroyed or lost resulting from the misuse, improper use, or unauthorized use of same.
2. Assumption of Risk: Exercising my own free choice to participate voluntarily, I hereby assume all responsibility for any and all risk of damage or injury that may occur, resulting from arising out of, or in connection with my participation in any activities, programs and/or events on the Premises, and/or my use of PACE's equipment (collectively, the “Activities”). I acknowledge and fully understand that I will be engaging in Activities that carry a risk of serious injury, including the possibility of permanent disability or death, and/or severe social and economic losses which may result from not only my own actions, inactions or negligence, but from the actions, inactions or negligence of others, or the rules of play. By engaging in physical training and Activities either on the Premises or offsite, I acknowledge that I understand the inherent risks and possible lack of supervision when engaging in such Activities.
3. Release from Liability: I hereby agree, on behalf of myself, my heirs, my next of kin, my personal representatives, and/or assigns, to assume all the foregoing risks and hazards incidental to the Activities and accept personal responsibility for any damages following such injury, permanent disability or death. I covenant not to sue or bring any action against PACE, its affiliated entities and each of their directors, officers, members, managers, employees, coaches, agents, sponsors, associated personnel, and the owners and lessors of Premises used to conduct any Activities (collectively, the "Releasees"), and hereby release and discharge each of the Releasees from any and all liability, demands, losses, claims or damages, including without limitation any injury, including death or damage to, loss or theft of property, on account of my participation in the Activities and any and all liability, demands, losses, claims or damages caused or alleged to be caused in whole or in part by the action, inaction or negligence of the Releasees or otherwise.
4. Indemnification: I agree to indemnify, defend and hold harmless PACE and the Releasees from any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of use of the Premises or participation in any Activities either on the Premises or offsite.
5. Survival: If any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
6. Acknowledgements: I understand that PACE has rules and standards of conduct regarding the Activities and agree to abide by these rules and standards and customary terms and conditions for participation in the Activities for the safety of all participants, staff, guests and employees. I understand that each participant has given up substantial rights by signing this Agreement and acknowledge freely and voluntarily that by signing this Agreement, my signature signifies a complete assumption of the inherent risks of participating in or observing Activities to the greatest extent allowed by law in the State of New York. I acknowledge that I have read the foregoing and agree to its terms.
7. Photograph Release: I hereby consent to the use of photographs, or any other form of media taken of me on the Premises or in my performance of Activities, for the promotion of PACE in any and all advertisements, instructional materials, social media and/or promotions of any kind.
8. Refund/ Cancellation: I acknowledge that if I request to cancel my membership on the date that payment has been processed or after the date payment was processed, I will not be entitled to a full refund due to various processing fees. I agree to alert PACE of any changes to my membership at least 30 days before payment is due.
9. COVID-19: I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the Centers for Disease Control and Prevention (the “CDC”), and other public health authorities still recommend practicing social distancing.
I further acknowledge that PACE has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that PACE cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PACE's staff, and other clients and their families.
I voluntarily seek services provided by PACE and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while at the Premises and in my performance of Activities.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last fourteen (14 ) days.
* I have not traveled to a highly impacted area within the United States of America in the last fourteen (14) days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold PACE harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of PACE, or that may otherwise arise in any way in connection with any services received from PACE. I understand that this Agreement discharges PACE from any liability or claim that I, my heirs, or any personal representatives may have against PACE with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from PACE. This Agreement extends to PACE and the Premises together with all owners, partners, and employees.
© 2024 PACE BUFFALO
BFLO Run Club LLC (Pace) values its users' privacy. This Privacy Policy ("Policy") will help
you understand how we collect and use personal information from those who visit our website
or make use of our online facilities and services, and what we will and will not do with the
information we collect. Our Policy has been designed and created to ensure those affiliated
with BFLO Run Club LLC of our commitment and realization of our obligation not only to
meet, but to exceed, most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you want to make
sure that you are up to date with the latest changes, we advise you to frequently visit this page.
If at any point in time BFLO Run Club LLC decides to make use of any personally
identifiable information on file, in a manner vastly different from that which was stated when
this information was initially collected, the user or users shall be promptly notified by email.
Users at that time shall have the option as to whether to permit the use of their information in
this separate manner.
This Policy applies to BFLO Run Club LLC, and it governs any and all data collection and
usage by us. Through the use of pacebuffalo.com, you are therefore consenting to the data
collection procedures expressed in this Policy.
Please note that this Policy does not govern the collection and use of information by
companies that BFLO Run Club LLC does not control, nor by individuals not employed or
managed by us. If you visit a website that we mention or link to, be sure to review its privacy
policy before providing the site with information. It is highly recommended and suggested that
you review the privacy policies and statements of any website you choose to use or frequent to
better understand the way in which websites garner, make use of and share the information
collected.
Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if
you elect not to do so, we reserve the right not to register you as a user or provide you with
any products or services. This website collects various types of information, such as:
·
Voluntarily provided information which may include your name, address, email
address, billing and/or credit card information etc. which may be used when you
purchase products and/or services and to deliver the services you have requested.
In addition, BFLO Run Club LLC may have the occasion to collect non-personal anonymous
demographic information, such as age, gender, household income, political affiliation, race
and religion, as well as the type of browser you are using, IP address, or type of operating
system, which will assist us in providing and maintaining superior quality service.
Please rest assured that this site will only collect personal information that you knowingly and
willingly provide to us by way of surveys, completed membership forms, and emails. It is the
intent of this site to use personal information only for the purpose for which it was requested,
and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when
we have your consent to do so;
·
To contact you to fill out surveys or participate in other types of market research, when
we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time
we retain said information will be determined based upon the following criteria: the length of
time your personal information remains relevant; the length of time it is reasonable to keep
records to demonstrate that we have fulfilled our duties and obligations; any limitation periods
within which claims might be made; any retention periods prescribed by law or recommended
by regulators, professional bodies or associations; the type of contract we have with you, the
existence of your consent, and our legitimate interest in keeping such information as stated in
this Policy.
Use of Information Collected
BFLO Run Club LLC does not now, nor will it in the future, sell, rent or lease any of its
customer lists and/or names to any third parties.
BFLO Run Club LLC may collect and may make use of personal information to assist in the
operation of our website and to ensure delivery of the services you need and request. At times,
we may find it necessary to use personally identifiable information as a means to keep you
informed of other possible products and/or services that may be available to you from
pacebuffalo.com
BFLO Run Club LLC may also be in contact with you with regards to completing surveys
and/or research questionnaires related to your opinion of current or potential future services
that may be offered.
BFLO Run Club LLC uses various third-party social media features including but not limited
to Facebook, Instagram and other interactive programs. These may collect your IP address and
require cookies to work properly. These services are governed by the privacy policies of the
providers and are not within BFLO Run Club LLC's control.
Disclosure of Information
BFLO Run Club LLC may not use or disclose the information provided by you except under
the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot
reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of BFLO
Run Club LLC.
Non-Marketing Purposes
BFLO Run Club LLC greatly respects your privacy. We do maintain and reserve the right to
contact you if needed for non-marketing purposes (such as bug alerts, security breaches,
account issues, and/or changes in BFLO Run Club LLC products and services). In certain
circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
BFLO Run Club LLC's website is not directed to, and does not knowingly collect personal
identifiable information from, children under the age of thirteen (13). If it is determined that
such information has been inadvertently collected on anyone under the age of thirteen (13), we
shall immediately take the necessary steps to ensure that such information is deleted from our
system's database, or in the alternative, that verifiable parental consent is obtained for the use
and storage of such information. Anyone under the age of thirteen (13) must seek and obtain
parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications
from us by way of email or newsletters. To discontinue or unsubscribe from our website please
send an email that you wish to unsubscribe to info@pacebuffalo.com. If you wish to
unsubscribe or opt-out from any third-party websites, you must go to that specific website to
unsubscribe or opt-out. BFLO Run Club LLC will continue to adhere to this Policy with
respect to any personal information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. BFLO Run Club LLC does not
claim nor accept responsibility for any privacy policies, practices and/or procedures of other
such websites. Therefore, we encourage all users and visitors to be aware when they leave our
website and to read the privacy statements of every website that collects personally
identifiable information. This Privacy Policy Agreement applies only and solely to the
information collected by our website.
Notice to European Union Users
BFLO Run Club LLC's operations are located primarily in the United States. If you provide
information to us, the information will be transferred out of the European Union (EU) and sent
to the United States. (The adequacy decision on the EU-US Privacy became operational on
August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose
personal data is transferred to the United States for commercial purposes. It allows the free
transfer of data to companies that are certified in the US under the Privacy Shield.) By
providing personal information to us, you are consenting to its storage and use as described in
this Policy.
Security
BFLO Run Club LLC takes precautions to protect your information. When you submit
sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (e.g. credit card information), that information is
encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon
in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect
your information offline. Only employees who need the information to perform a specific job
(for example, billing or customer service) are granted access to personally identifiable
information. The computers and servers in which we store personally identifiable information
are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized
access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private
communications to build users' trust and confidence in the internet and website use by
providing simple and secure access and communication of credit card and personal
information.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within the
Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then
you should refrain from further use of our sites. In addition, your continued use of our website
following the posting of any updates or changes to our terms and conditions shall mean that
you agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our
website, please feel free to contact us at the following email, telephone number or mailing
address.
Email: info@pacebuffalo.com
Telephone Number: 7169463672
Mailing Address:
BFLO Run Club LLC
225 Louisiana St
Buffalo, New York
14204
GDPR Disclosure:
If you answered "yes" to the question Does your website comply with the General Data Protection Regulation
("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance.
Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements
such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing
agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR
compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol
in place to handle a potential data breach. For more details on how to make sure your company is fully compliant
with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way
responsible for determining whether or not your company is in fact compliant with GDPR and takes no
responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in
relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not
knowingly collect personal identifiable information from them or allow others to do the same through your site.
If this is not true for your website or online service and you do collect such information (or allow others to do so),
please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid
violations which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as:
(i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting
personal information on your site or service — for example, plug-ins or ad networks; (ii) include a prominent link
to your privacy policy anywhere you collect personal information from children; (iii) include a description of
parental rights (e.g. that you won't require a child to disclose more information than is reasonably necessary, that
they can review their child's personal information, direct you to delete it, and refuse to allow any further
collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct
notice" of your information practices before collecting information from their children; and (v) obtain the parents'
"verifiable consent" before collecting, using or disclosing personal information from a child. For more
information on the definition of these terms and how to make sure your website or online service is fully
compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-onlineprivacy-
protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for
determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the
use you make of this Privacy Policy or for any potential liability your company may face in relation to any
COPPA compliance issues.
