RTF Waiver, Terms of Use and Privacy Policy

Effective June 6, 2023

This Waiver, Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Run the Flex (2832909 Ontario Limited dba RTF (“RTF”)) website (www.runtheflex.com) ("Website”)), the app (“App”), RTF classes, workshops and events, both in-studio and via other means, (“Classes”), and the studio (“Facilities”). Collectively they are referred to as RTF.

The Website and App are designed to allow users to make class/program/series/subscription purchases and communicate with RTF.

Please read these Terms carefully before using the RTF Website, App, Classes and Facilities.

By using RTF, you consent to and agree to be bound by the Terms. RTF may change the Terms from time to time and will notify you by email or a notice on www.runtheflex.com of such changes. You may also examine the latest version of these documents available on runtheflex.com.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Waiver

You acknowledge and agree to the following terms:

It is your responsibility to consult with a physician prior to and regarding your participation in classes or events offered by RTF. You represent and warrant that you have no medical condition that would prevent your full participation in said classes, workshops, or events. You acknowledge and understand that the classes that you undertake require physical exertion, which may be strenuous, and that by participating in it you are exposed to certain risks.

RTF is not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by you directly or as a result of any class, workshop, activity, or event, caused in any manner whatsoever, including, but not limited to, the negligence of RTF.

In consideration of being accepted to participate in the classes and events run by RTF, you agree:

To freely accept and fully assume all such risks, damages and hazards and possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting from your participation in the classes, workshops, and events by RTF.

To forever release RTF from any and all liability for any and all claims, demands, and actions that may arise out of your participation in the classes, workshops, and events by RTF.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the RTF staff, you would be at physical risk participating in RTF’s classes, you understand and agree that you may be denied access to the classes and facilities until you furnish RTF with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing RTF’s concerns and stating that RTF concerns are unfounded. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using RTF's classes and facilities, and should not be participating in any classes.

By attending in person classes, events, activities, and other programs and/or entering RTF location/s, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at RTF location/s, and (b) covenant not to sue RTF, its instructors, clients, and employees for any such claim, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of RTF, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering an RTF location.

In addition, by booking and then attending in person classes, you also agree and consent to the following protocols as a condition of entry into any RTF location:

Valuables and Personal Property: You acknowledge that you have been urged to avoid bringing valuables into and unto the Facilities and that RTF shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.

You understand that as part of your participation in RTF, photos and videos may be taken for use in documenting the program. You grant permission to use such materials for the promotion of RTF and waive any moral rights to such materials. You also understand that no compensation, fee or royalty will be payable to you from such usage. You represent that it is not necessary for RTF to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.

I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM CONSENTING TO THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY ITS SUBMISSION TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE EXTENT ALLOWED BY LAW.

Terms of Use

Your RTF Account

You may create an RTF account ("Account") by providing personal information (as defined in the Privacy Policy) in accordance with the Privacy Policy.

You are responsible for verifying that all information accessed through your Account relates only to you and you will immediately notify RTF of any untrue, incorrect or incomplete information contained therein.

Account Deletion

You can delete your account at any time in the personal information section. If you delete your account, the email address used to create this account cannot be used again. You will no longer be able to access your deleted account.

Use of RTF

The RTF Website and App is intended only for Canadian residents who are at least 18 years of age. By using the RTF Website and App, you confirm that you are at least 18 years old and you agree to use the RTF Website and App in accordance with all applicable legislation and regulations.

Accuracy, Completeness and Timeliness of Information

All information provided by you through or in connection with RTF must be true, accurate, current and complete, and you must update such information, where applicable, without delay should there be a change in your information.

You will be responsible for any damages, loss or additional costs suffered by RTF due to their reliance on false, incorrect or incomplete information provided by you or for a failure by you to update your information in RTF.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Restrictions of Use

While using RTF, you agree not to: (i) interfere with the use of any other user of RTF; (ii) include any Content of RTF in or with any product or service that you create or distribute; (iii) use RTF to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of RTF, or cause injury to RTF, RTF's computer network or systems, or any other users' computer network or systems in any way; (iv) use RTF, including posting or transmitting any of its Content, for advertising or commercial purposes; (v) use RTF in any manner that impersonates or misrepresents affiliation, connection or association with any person or entity; (vi) post, promote or distribute information that is unlawful, obscene, defamatory, threatening, abusive, slanderous, hateful or embarrassing to any other person or entity; (vii) use RTF or its Content in any data matching or data mining, including the collection or use of information of other users without their prior consent; and (viii) use RTF to engage in any form of harassment or offensive behavior such as posting of material which contains libelous, slanderous, abusive or insulting statements, racist, pornographic, obscene, or otherwise offensive language, or that violates any law.

RTF reserves the right to prevent or restrain any unauthorized or prohibited access or use of RTF, which includes but is not limited to, taking legal action, or barring or terminating your access to RTF without notice.

Modifications

Prices for our products and services are subject to change without notice.

RTF does not guarantee the availability of the RTF Website, App, Classes, Facilities or your Account and may terminate, change, suspend, deactivate or put an end to any aspect of the RTF Website, App, Classes, Facilities or your account at its discretion and without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Class Booking, Expiry, Cancellation and Refund Policy

All class purchases are non-refundable and non-transferrable.

Expiry of purchases depends on the class type.

Class package purchases are not applicable towards workshops or programs.

Please check class availability online or book in advance, as classes have capacity restrictions.

Taxes are not included in the list price.

There is a 14 day rolling booking window for drop-in classes. In other words, you may register for classes up to 14 days in advance.

There is a 1 month advance booking window for programs. In other words, you may register for programs up to 1 month in advance.

There is a 4 hour cancellation window for drop-in classes and pop-up classes.

24 hours notice is required for cancellation of private classes without penalty.

Programs are non-refundable but a credit will be held on file for up to 1 year.

No make-up credits are provided for missed program classes.

Reservation cut-off time: 5 minutes before class

Waitlist cut-off time: 5 minutes before class

Standby cut-off time: 5 minutes before class

Waitlist Auto-Fill Stops: 2 hours before class

Waitlist Removal Occurs: 15 minutes after class ends

No Show Window: 24 hours after the class

No Show Penalty Fee: loss of credit (monthly unlimited memberships exempt)

Late Cancel Penalty Fee: loss of credit (monthly unlimited memberships exempt)

Errors, Inaccuracies and Omissions

Occasionally there may be information that contains typographical errors, inaccuracies or omissions that may relate to class descriptions, pricing, promotions, offers, availability, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Website or App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or App, should be taken to indicate that all information in the Website or App has been modified or updated.

Intellectual Property Rights

Except as may be expressly authorized by RTF, intellectual property rights on documents or any other data contained in RTF as well as all components therein (images, illustrations, sounds, texts, graphic elements, maps, etc.) including software, technology, databases, product and information (collectively, the "Content") are the exclusive property of RTF or that of identified third parties and are protected by Canadian and worldwide intellectual property laws. RTF does not grant any licence or right other than the right to visit RTF. Reproduction of all or part of the Content is intended for informational purposes and personal use only. Any reproduction or use of copies for other purposes is expressly prohibited. Modification of all or part of the Content, or the use of modified versions of software with a view to obtaining unauthorized access to RTF through any means other than the interface provided by RTF is prohibited. The Content may not be used for promotional or selling purposes without the prior written consent of RTF.

Trademarks and logos used in association with products and services of RTF, the RTF Representatives or their partners, any licensor, service provider, content provider, or contractor of RTF or any third party (the "Marks") appearing on RTF are protected by Canadian and worldwide trademark laws. Any use, howsoever, of the Marks and/or logos and/or any other Content is subject to RTF's express authorization or that of the holder of the intellectual property rights in question. Other product, service and company names mentioned on RTF which do not belong to RTF are for identification purposes only and may be trademarks of their respective owners.

Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of RTF to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Websites or App or accessed through this Websites or App. You also may not engage in the mass downloading of files from this Websites and App; use the computer processing power of this Websites and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Websites and App.

Ownership of Data and Content

As between you and RTF, you own all Data and Content that you submit to RTF You grant RTF and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid-up and royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of RTF’s services permission to view your content for their personal, non-commercial purposes.

You represent and warrant to RTF that you have all rights necessary to grant the licenses in this section and that your provision of Data or Content through and in connection with the Services does not violate any applicable laws or rights of any third party. Notwithstanding the foregoing, in no event shall RTF be responsible for the accuracy or quality of any of your Data or Content.

Confidentiality and Privacy

You alone are responsible for keeping your log-in details secret, together with any use of RTF that could be made under your identity and/or with your password. Additionally, you agree to uphold the confidentiality of any information you access, while using RTF and especially undertake not to forward, communicate or disclose any confidential information you acquired concerning other persons by using RTF. Moreover, you hereby relieve RTF of any responsibility and agree to keep RTF free of any charge, accusation or similar in the case of an unauthorized transmission, communication or disclosure of this confidential information. RTF accepts no responsibility and cannot guarantee the confidentiality of information conveyed via the Internet, email and/or any other form of communications.

RTF shall not, except in accordance with the Privacy Policy, freely use your personal information without having obtained your consent. All information about you that RTF collects via RTF is subject to the Privacy Policy.

Notices and Reminders

You agree that RTF may use SMS messages, email, and other messaging services or applications to provide you with important notices and reminders. If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices and reminders to you in the following ways: (i) a notice on RTF, (ii) an email sent to an address you provided, or (iii) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

Third-Party Software

RTF uses certain third-party software applications in order to provide its scheduling, payment, sign-up and other operational needs. RTF shall not be responsible for any errors, faults or other issues caused by such software applications.

WARRANTY DISCLAIMER

RTF, as well as any personal information accessed through RTF, or any other Content made available on or through RTF, is provided on an "as is" and "as available" basis. To the greatest extent allowed by law, RTF specifically renounces all expressed, implied or collateral warranties and conditions of any kind including, but not limited to, any warranty of merchantability, fitness for a particular purpose or non-infringement.

RTF does not warrant the accuracy or completeness of any personal information accessed through RTF or any other Content on RTF. As RTF is updated from time to time, information contained therein may not be up to date and may contain errors when you access RTF.

RTF does not guarantee that RTF will meet your requirements or that it will be continuous, timely, secure or error-free. RTF further does not guarantee that messages or requests will be delivered, that defects will be corrected or that RTF is free of viruses or other harmful elements.

You bear the entire risk of using RTF and any Content which is available in RTF. You must verify any information or other Content before relying on it. To clarify, all risk associated with using or relying upon on any information or Content of RTF, rests on you.

Additionally, you agree that none of the RTF staff, contractors, shareholders, nor the RTF Representatives will be responsible or liable, directly or indirectly, in any way for any loss or damage sustained due to, or in connection with, your using or relying upon any information or Content of RTF.

LIABILITY

NONE OF RTF, NOR ANY OF RTF'S ASSOCIATED ENTITIES, INCLUDING CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (THE "RTF REPRESENTATIVES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHICH INCLUDES BUT IS NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES WHICH WERE CAUSED BY THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF RTF AS WELL AS ANY WEBSITES AND APPS AND THE INFORMATION CONTAINED THEREIN LINKED TO RTF, OR THE PERSONAL INFORMATION WHICH CAN BE ACCESSED ON RTF OR LINKED SITES AND APPS, WHETHER FOUNDED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RTF, NOR ANY RTF REPRESENTATIVES, OR ANY OTHER PARTY WHO CREATED, PRODUCED OR DELIVERED RTF BE LIABLE TO YOU IN ANY WAY FOR ANY DESIGN MADE OR ACTION OR INACTION BY YOU IN RELYING UPON THE INFORMATION WHICH CAN BE ACCESSED OR CONTENT PROVIDED THROUGH RTF.

RTF EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY ITS SERVICE PROVIDER, MARIANA TEK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RTF OR MARIANA TEK PARTIES' AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO SUCH LIABILITY. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO YOU, RTF, MARIANA TEK AND THE MARIANA TEK PARTIES.

IN NO EVENT WILL RTF HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Indemnification

You will defend, indemnify and hold harmless RTF and the RTF Representatives, as well as third parties that are mentioned in RTF, from and against any and all claims, actions or demands, including but not limited to reasonable legal and accounting fees, which arise from or are related to: (a) you breaching these Terms; (b) you accessing, using or relying upon RTF including your personal information which can be accessed through RTF as well as the Content of RTF; (c) you violating any rights in the Marks, intellectual property or privacy rights of any person; or (d) any breach of videos recorded as part of RTF security monitoring, operations or promotions.

Safety Measures

Commercially reasonable safety measures have been used in ensuring that the personal information provided to RTF by you is protected from all forms of error, loss or unauthorized access. Additionally, you must take all the necessary personal protection measures to maintain the highest level of security when visiting RTF. For example, RTF advises the use of a personal email address that only you have access to.

RTF further advises you not to access RTF or your Account information in public areas with unsecured Internet networks (e.g. coffee shops, public transit, airports, etc.), or in any geographic location where personal information protection cannot be assured, as this poses a risk of disturbance, theft and other unauthorized access by third parties, which risk is undertaken entirely by you.

You must notify RTF by emailing hello@runtheflex.com immediately of any suspected or actual security or confidentiality breach which involves personal information of which you become aware. Additionally, RTF and you will cooperate fully with one another to (i) protect your personal information; (ii) consider the risk of harm caused by the suspected or actual security or confidentiality breach; and (iii) notify any regulatory bodies, if required. At their respective own expense, RTF and you must take all reasonable steps to cure the breach or violation that is caused by that party's acts or omissions.

General

You agree that by using RTF, any disputes which may arise due to your use of RTF shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada. In an attempt to avoid the exercise of these laws, you agree not to raise conflict of laws principles and you expressly agree to the exclusive jurisdiction of the courts of Ontario. The headings are for convenience only and have no legal or contractual consequence. The use of terms such as "including" or "include" means "including, without limitation" or "include, without limitation", respectively.

Privacy Policy

Welcome

This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide to RTF. Please be sure to read this entire Privacy Policy before using or submitting information to RTF. RTF is intended for use by residents of Canada.

Your Responsibility

You are responsible for keeping your information safe. Be responsible and cautious whenever you offer your personal information. You should ensure that whenever you disclose personal information, that information is used in an appropriate manner and stored safely.

Account Information

If you register with the RTF Website or App, you will have a username and password. You agree to provide true, accurate and complete information about yourself. You are responsible for managing your Account, including but not limited to maintaining the confidentiality of passwords, usernames, and/or any of your Account information. You are also responsible for maintaining and promptly updating your Account information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your password, username, or on your Account.

Your Consent

By using RTF, you agree with the terms of this Privacy Policy. Whenever you submit information to RTF, you consent to the collection, use, and disclosure of that information, personal or otherwise, in accordance with this Privacy Policy.

You can withdraw your consent for the use of personal information by deleting your account. Personal information you have provided to RTF before removing consent will still be used for aggregate reports but this information will not identify you personally. If you withdraw your consent for use of personal information you have provided to RTF in the form of security monitoring video, the video will be retained and destroyed according to the security vendor’s data retention and destruction policies. If you would like additional information about this, please contact hello@runtheflex.com.

Please be advised that RTF protects your personal information and abides by the Personal Information Protection and Electronic Documents Act (Canada) (also known as PIPEDA), which requires that consent be obtained in all instances where personal information is requested.

What is "Personal Information"?

Simply stated, personal information is factual information that can identify you that is not already available in a public directory, such as a telephone book, or on your business card. Examples of personal information include full name, medical records and ID numbers (driver's license, health card, etc.), ethnic origin, or blood type.

Privacy of Minors

If you are under 18, you may register in person only with the involvement of a parent or guardian. RTF does not accept the online registration of minors without consent and agreement to the RTF terms by a parent or guardian; please do not attempt to register on the Websites or App if you are under the age of 18.

A parent or guardian must agree to these Terms on behalf of a minor before the minor shall be permitted to participate in a class.

If RTF discovers that personal information has been submitted by a minor without a parent or guardian agreeing to these Terms, RTF reserves the right to delete such information. RTF does not seek or share personal information from minors throughout the Websites or App.

Personal Information Collection

We may ask for personal information about you including:

Personal information, such as name, physical address, email address, phone number, and date of birth.

Payment information, including credit or debit card numbers, and other payment details.

Credentials, including any usernames, passwords, and profile details you create to use the Website or App.

From time to time we may ask you for other information such as general demographic questions or your interests. As well, RTF has systems in place that monitor activities and behaviours on the Facilities via video and still images and these systems are recording what happens on the Facilities. We only collect personal information if we ask you, and obtain your consent to its use, or if your consent is implied through your conduct with us since the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information, or if our collection, use and disclosure of the personal information is required or authorized by law to be done without your consent. Consent for capture of your personal information in the form of video recorded by our security monitoring system is considered to be implied because you are in the Facilities.

We do not collect any personal information unless you provide it to us. If you do not want us to collect your personal information, please do not provide it. If you do not want your personal information to be captured by our security monitoring system, do not use our Facilities.

Passive Information Collection

As you navigate through our Website or App, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection. We use Internet Protocol (IP) addresses on RTF. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet; it is generally considered to be non-personal information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer or device to use in connecting to RTF, and administer and improve RTF.

A "cookie" is information that RTF sends to your Web browser that helps RTF remember information about you and your preferences. "Session" cookies are temporary bits of information that are erased upon closing your Web browser window or otherwise turning your computer or device off. Session cookies are used to improve navigation on Websites and apps and to collect aggregate statistical information. RTF uses session cookies. "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer or device and stay there unless you delete the cookie. Persistent cookies store information on your computer or device for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of RTF visitors find most valuable, and customizing RTF based on your preferences. RTF uses persistent cookies. "Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell RTF server information such as the IP address and browser type related to the visitor's computer. We use Internet tags at RTF. Tags have been placed both on online advertisements that bring people to RTF and on different pages of RTF. These tags indicate how many times a page is opened and which information is consulted. We do not collect or seek personal information through these tags. "Navigational data" ("log files", "server logs", and "clickstream" data) are used for system management, to improve the Content of RTF for market research purposes, and to communicate information to visitors. RTF uses navigational data.

Use and Disclosure of Information

We need to know your personal data to perform the functions of Website and App, to provide you the Classes and services you request, and to maintain the security and safety of the Facilities. We use personal data collected for purposes described in this Privacy Notice or otherwise disclosed to you.

Except as otherwise stated, we may use your information to improve the Content and function of RTF, to customize RTF to your preferences, to communicate information to you, to provide support to you and for the purposes specified in this Privacy Policy. If you provide personal information to RTF, we may combine such information with other actively collected information unless we specify otherwise at the point of collection.

We use your information to administer and build your account with us, to inform you of information, products or services that we believe will be of interest to you, or as required or authorized by law. We also use the information collected to monitor and improve our programs and operations. We use video monitoring to ensure the safety and security of those using the Facilities. We may copy, distribute, display, transmit, prepare derivative works from or otherwise use the information only in accordance with this Privacy Policy and with any applicable laws.

In addition, we will make full use of all information acquired through RTF that is not deemed to be personal information.

We may disclose your personal information to our affiliates that agree to treat it in accordance with this Privacy Policy. In addition, we may disclose your personal information to third parties, but only:

to contractors we use to support our business (e.g., fulfillment services, hosting services, technical support, delivery services, and financial institutions), in which case we will require such third parties to agree to treat it in accordance with this Privacy Policy;

to businesses we work with to provide our services (e.g. Mariana Tek, a business that provides our App and class booking software, and other applications integrated with RTF) in which case we require such businesses to agree to treat it in accordance with this Privacy Policy;

to support the safety and security of those who use our Facilities or

where required by applicable laws, court orders, or government regulations.

The following are examples of how RTF might use the personal information collected through the Websites and App:

* If you purchase a RTF program, sign up for an RTF class, or purchase RTF merchandise, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

* If you indicate that you are interested in receiving RTF related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Websites and App:

* Aggregate data could be analyzed to describe the collective characteristics and behaviours of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall RTF experience.

You can help RTF maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. RTF will never share telephone numbers, email addresses, or any personal data with third parties.

RTF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

Retention of Personal Information

We retain personal information for as long as necessary to provide the Website, App, Classes, Facilities and fulfill the services you have requested, or for other essential purposes such as ensuring the safety and security of our customers, staff, contractors and other people on our complying with legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. Personal information you have provided to RTF in the form of security monitoring video will be retained and destroyed according to the security vendor’s data retention and destruction policies.

Access and Correction

To keep your personal information accurate, current, and complete, please use the Website or App functionality or contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via RTF.

Security

We take reasonable steps to protect your personal information as you transmit your information from your computer or device to RTF and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, email sent to or from RTF may not be secure, and you should therefore take special care in deciding what information you send to us via email. Moreover, when using passwords or other special access features, on RTF, it is your responsibility to safeguard them.

Links to Other Websites

RTF may contain links or references to other sites or apps. Access to these sites or apps from RTF is not an approval or an endorsement by RTF of the contents of the third party websites or apps. RTF has no control of such websites and apps and shall not be responsible for any content, advertisement, products, services or any other information or data available on or from such websites. Please be aware that we do not control other sites and that, in any case, this Privacy Policy does not apply to those sites. We encourage you to read the privacy policy of every site you visit.

Social Media

RTF may contain social media tools (e.g. Facebook "like" button, etc.). By clicking on these tools, you are sharing information on those sites. Those sites may have different privacy policies than this one. You should be aware of these policies before you use these tools.

How to Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of RTF, please contact us as follows:

hello@runtheflex.com

416-960-1783

Run the Flex

893 Yonge Street, Unit 200

M4W 2H2

Toronto, ON

Changes to These Terms

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website and App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or App following the posting of any changes constitutes acceptance of those changes.

This Privacy Policy was last updated on June 6, 2023.

Consent

I acknowledge having read and understood these Terms and I agree voluntarily to their content and scope. I agree that these Terms are binding upon my heirs, executors, administrators, representatives, and myself.

Additionally, I assume any and all liability related to the use I make of RTF and explicitly agree that none of RTF nor the RTF Representatives shall be held liable in this respect. I freely provide my informed consent to the collection, communication and/or use of my personal information by RTF for the purposes which are stated in these Terms.

I accept that my consent will be valid for the duration of the necessary use of my personal information to that end.