ONLINE PROGRAMS:

INFORMED CONSENT, WAIVER AND RELEASE AGREEMENT

IMPORTANT: THIS IS A LEGAL DOCUMENT. PLEASE IT READ CAREFULLY. BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Ascend 21 Day CHallenge ONLINE is an online program. You will receive an immediate email with your workout plan, meal plan recipes, and Access to the Members Only Group in the Community.

I acknowledge that I have voluntarily chosen to participate in the online fitness and nutrition activities offered by Ascend Fitness Inc.. I understand that I am am following any fitness or nutrition guidelines at my own risk. I understand the possible strenuous nature of the activities and in particular, I understand that strength, flexibility and aerobic exercise, including the use of exercise equipment, is a potentially hazardous activity with certain risks, some of which include but are not limited to, abnormal blood pressure; muscle or joint soreness; soft tissue injuries; broken bones, back, neck knee and foot injuries; fainting; heart attack; and/or death. I understand that I can refuse participation in any activity at any time, or chose to stop an activity at any time. I understand that this exercise program does not provide any form of medical treatment.

 I hereby certify that I am fit to participate in any and all such fitness activities. I acknowledge and represent that I have either had a physical examination and been given my physician’s permission to participate in exercise activity and use equipment, or that I have decided to participate in exercise activity and use equipment without the approval of my physician and do hereby assume all responsibility of any nature and kind whatsoever for my participation and activities and utilization of equipment in the exercise activities. If I am under a doctor’s care for diabetes, hypertension, heart disease, seizures, arthritis, recent injury or surgery, of if I am pregnant, or if there are other possible prohibitions to exercise, I represent that I have consulted my doctor before commencing this exercise activity. To promote the safety of my participation, and the other participant’s, in the exercise activities I will report any unusual symptoms I may experience during exercise to Ascend Fitness Inc.. Such symptoms may include, but are not limited to, joint pain, irregular heart rhythm, dizziness, tightness or pressure in my chest, and shortness of breath. I understand that I may feel some muscle soreness or discomfort after some of the exercises.

I am aware that the scheduling or content of training workout may be changed on occasion due to circumstances beyond the control of staff.

 I understand that registration payments are non-refundable.  Payment for class is required upon registration. 

I have had the opportunity to ask questions or seek independent legal advice with respect to this document. Having read and understood this Informed Consent, Waiver, and Release Agreement, I assume all risks for my health and well being and hold Ascend Fitness Inc., it’s fitness coaches, employees and staff, or any persons involved with this program or testing procedures harmless from any liability. I agree that Ascend Fitness Inc., it’s fitness coaches, staff, and employees, shall not be liable for any direct, indirect, general, special, incidental or consequential damages whatsoever, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, including, but not limited to, damages incurred for personal injury, harm or death, suffered by me that arise out of, or are in any way related to my participation in the exercise activities offered by Ascend Fitness Inc.. I, for myself, my heirs, executors, administrators and assigns or anyone else who may claim on my behalf, hereby release and forever discharge Ascend Fitness Inc., it’s fitness coaches, staff, and employees, from any and all liability for any loss, damage, injury, harm or expense that I may suffer as a result of participating in the exercise activities offered by Ascend Fitness Inc. due to any cause whatsoever. I understand and agree that if any portion of this document is severed or rendered inoperable, the liability of the Ascend Fitness Inc., it’s fitness coaches, staff, and employees shall in no circumstances exceed the amount paid by me for the services rendered, or if no amount was paid directly by the me, five dollars ($5.00) CAD. I understand and agree that this informed consent, waiver and release, agreement applies to all exercise activities offered by Ascend Fitness Inc. that I participate in, whether occurring at present or in the future.

SHORT TERM/ TRIAL/ CHALLENGE TERMS + CONDITIONS

Commitment and Attitude
I have volunteered to participate in a program of physical exercise and nutrition coaching under the direction of Ascend Fitness Inc. Training may include, but is not limited to, weight and/or resistance training, cardiovascular training and floor mat exercises.

Ascend Fitness Inc. agrees to instruct, assist and train me.

I realize that a large portion of my success will be based on my commitment to follow instructions and my attitude towards the fitness program. Ascend Fitness Inc. is proud to guarantee results. After following our program for a (including attending all workouts, adhering to nutrition guidelines and completing coach ‘homework’) if you can honestly say you do not feel or look better than you did when you started, we will refund your entire package.

Payment Policy
Sessions will be pre-paid and payment will be due at the time of booking the initial appointment. We accept Visa, MasterCard, or Pre-Authorized Payment. Cash is only accepted for payment of your entire package. Trial programs and packages are non-refundable but can be transferred to another person or to another program option BEFORE the trial program begins. .All services are subject to applicable taxes.

Late, absent, cancellation policy
Our primary goal is to provide the best possible service to our clients.

Ascend Fitness Inc. works on an appointment-based schedule to allow you the private and individualized time required for your Training and coaching session.

Sessions will be based on a 30-minute time frame. Please arrive 15 minutes prior to in-person personal training sessions to warm up. If you are late for a session it will still end at the scheduled time.

Cancellations must be made at least 24 hours before the scheduled appointment. Cancellations made less than 24 hours before the appointment will result in the client being charged for the session. Should the client wish to reschedule an appointment, a minimum of 24 hours notice is required. We will do our best to accommodate requests for rescheduling appointments but cannot guarantee that a trainer will be available.

A NO SHOW fee of $20 will be charged to reschedule Whole You Orientation, Foundations and Coaching Sessions not attended or cancelled without 24 hours notice.

Injuries
Ascend Fitness Inc. is a team of Kinesiologists and personal trainers who are experienced at working with clients with various injuries. We are committed to you reaching your goals, and sometimes that means that we need to modify your workout plan. We will work with you and your other healthcare team to develop a program to help you in your recovery.

PRIVACY POLICY

INTRODUCTION

ASCEND FITNESS + LIFESTYLE (referred to as “Company”, “we”, “our” or “us” in this privacy notice) respects your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can find the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. 1. IMPORTANT INFORMATION AND WHO WE ARE
   2. THE DATA WE COLLECT ABOUT YOU
   3. HOW IS YOUR PERSONAL DATA COLLECTED#3
   4. HOW WE USE YOUR PERSONAL DATA
   5. DISCLOSURES OF YOUR PERSONAL DATA
   6. DATA SECURITY
   7. DATA RETENTION
   8. YOUR LEGAL RIGHTS
   9. GLOSSARY

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how we collect, store, use, transfer and or share (“process” or “use”) your personal data when you enquire with us, register with us, apply for a job with us, contact us, purchase or make payments for any of our products or services, sign up to receive information from us, take part in one of our competitions, promotions or surveys, or visit our websites (“Sites”) (regardless of where you visit them from). If you do not agree with the data practices described in this privacy notice, you should not use our Site or engage with us as described above.

Our Sites are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER

Company is the controller and responsible for your personal data.

CONTACT DETAILS

You can write to us at: Ascend Fitness+ Lifestyle, Attn: Data Protection Officer, 102-45610 Yale Road. Chilliwack, BC, V2P 2N2

You can email us at: [email protected]

THIRD-PARTY LINKS

Our Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Sites, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may process different kinds of personal data about you which we have grouped together follows:

• • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Sites and Apps.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Sites, Apps, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties.

We also process Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our Sites;
    • subscribe to our services or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our Sites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
      1. analytics providers
      2. advertising networks; and
      3. search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly availably sources.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

1. 1. Where we need to perform the contract we are about to enter into or have entered into with you.
   2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
   3. Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by unsubscribing.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. By accepting and agreeing to our Privacy Notice you are giving your express consent for us to send you marketing communications.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside the Company for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

COOKIES POLICY

We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website ““ for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of Sites to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit
www.allaboutcookies.org.
If you do not wish to accept cookies from our Sites, please leave our Sites immediately and then delete and block all cookies from our Sites.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

1. 1. External Third Parties as set out in the Glossary.
   2. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

8. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• • Request access to your personal data
  • Request correction of your personal data
  • Request erasure of your personal data
  • Object to processing of your personal data
  • Request restriction of processing your personal data
  • Request transfer of your personal data
  • Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

EXTERNAL THIRD PARTIES

• • Service providers who provide IT and system administration services.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.