Liability & Privacy | Owen Training

OWEN PERSONAL TRAINING LLC

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND RELEASE AGREEMENT

This Waiver of Liability, Assumption of Risk, and Release Agreement (“Agreement”) is entered into and effective as of the date signed below by and between Owen Personal Training LLC, a California limited liability company (“Trainer” or “Gym”), located in El Dorado County, California, and the undersigned participant or parent/legal guardian of a minor participant (“Client” or “Parent/Guardian”).

1. Acknowledgment and Assumption of Risk

I understand that participation in personal training, exercise programming, or any use of the facilities and equipment at Owen Personal Training LLC involves inherent risks. These risks may include, but are not limited to, muscle strains, sprains, tears, broken bones, cardiovascular events, and other physical injuries, which may result from normal use, misuse, or malfunction of equipment, environmental conditions, or participation in physical activities.

I voluntarily and knowingly assume all risks, known and unknown, related to my participation in any and all activities offered by Owen Personal Training LLC, whether occurring on-site or off-site.

If signing on behalf of a minor child, I assume full responsibility for said risks on their behalf.

2. Release of Liability

To the fullest extent permitted under California law, I, for myself (and on behalf of my child if applicable), my heirs, personal representatives, assigns, and estate, release, waive, discharge, and covenant not to sue Owen Personal Training LLC, its owners, officers, employees, agents, contractors, landlords, successors, and assigns (“Released Parties”) for any and all claims or causes of action, including but not limited to those for personal injury, property damage, wrongful death, or other loss, arising out of or related to participation in activities or use of any facilities, equipment, or services provided by Owen Personal Training LLC.

This release does not apply to claims arising from the gross negligence, willful misconduct, or reckless behavior of the Released Parties, as defined under California Civil Code §1668.

3. Indemnification

I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, demands, costs, damages, judgments, or liabilities (including reasonable attorney’s fees and litigation costs) arising out of or related to my participation (or my minor child’s participation) in any program or use of Owen Personal Training LLC’s services or property.

4. Medical Treatment and Emergency Consent

In the event of a medical emergency, I authorize Owen Personal Training LLC personnel to secure emergency medical care for me (or my minor child). I understand and agree that I am solely responsible for any and all medical costs incurred.

5. Media Consent

I consent to the use of my (or my minor child’s) image, name, and/or voice in photographs, videos, and other media recorded during activities with Owen Personal Training LLC for marketing, educational, or promotional purposes, including on social media, websites, and printed materials.

If I do not consent, I understand I must notify Owen Personal Training LLC in writing prior to participation.

6. Dispute Resolution and Venue

Any claim or dispute arising out of or related to this Agreement or participation in activities at Owen Personal Training LLC shall be first attempted to be resolved through mediation. If mediation fails, the matter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, to be held in El Dorado County, California.

7. Governing Law and Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of California and applicable local ordinances of El Dorado County. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8. Acknowledgment of Understanding

I have read this Agreement carefully. I understand that by signing this document, I am waiving certain legal rights, including the right to sue under certain circumstances. I sign this voluntarily and without any inducement.

Terms of Service for Owen Training App & Website

Last updated: November 20, 2025

Owen Training (“we,” “us,” or “our”) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile application (“App”) and website (“Site”). By using our App or Site, you consent to the practices described in this Privacy Policy.

1. Information We Collect

a. Personal Information You Provide

We may collect personal information you provide voluntarily, including but not limited to:

Name, email address, phone number
Payment information (processed securely through third-party providers)
Class bookings, memberships, or program registrations
Communication through forms, messaging features, or customer support inquiries

b. Automatically Collected Information

We may automatically collect certain information when you use our App or Site, including:

Device type, operating system, browser type, IP address
App and Site usage data, such as features accessed and session duration
General location information (city-level, not precise GPS)
Cookies, pixels, and other tracking technologies

c. Third-Party Information

We may receive information about you from third-party services that help us operate our App or Site, such as payment processors, analytics providers, or advertising networks.

2. How We Use Your Information

We use your information for purposes including, but not limited to:

Creating and managing your account and memberships
Processing payments, subscriptions, and refunds
Booking classes and accessing programs
Sending notifications, updates, and marketing communications
Improving the functionality, performance, and user experience of our App and Site
Providing customer support
Compliance with legal obligations

3. How We Share Your Information

We do not sell your personal information. We may share your information with:

Service providers and partners (e.g., payment processors, booking platforms, analytics providers) who perform services on our behalf
Legal authorities if required by law or to protect our rights, property, or safety
Business transfers in the event of a merger, acquisition, or sale of assets

All third parties are contractually obligated to protect your information and use it only for the purposes for which it was shared.

4. Cookies and Tracking

Our Site may use cookies, web beacons, pixels, or similar technologies to:

Enhance user experience
Analyze usage trends
Provide personalized content or marketing

You can control cookie preferences in your browser settings. Disabling cookies may limit certain Site functionality.

5. Data Security

We implement reasonable administrative, technical, and physical measures to protect your information. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your information.

6. Your Rights

You have the following rights regarding your personal information:

Access, update, or correct your information
Opt out of marketing communications
Request deletion of your account and personal information (subject to retention for legal obligations)

To exercise your rights, contact us at [insert gym email].

7. Children’s Privacy

The App and Site are not intended for children under 13. We do not knowingly collect information from children under 13 without parental consent. If we learn we have collected personal information from a child under 13, we will delete it promptly.

8. Legal Disclaimer & Limitation of Liability

By using our App or Site, you agree that:

Owen Training is not liable for any damages resulting from your use of the App or Site, including indirect, incidental, or consequential damages.
You are responsible for maintaining the confidentiality of your account credentials.
We are not responsible for the actions of other users, third-party websites, or service providers.

9. Changes to This Privacy Policy

We may update this Privacy Policy at any time. Changes will be effective immediately upon posting. The “Last Updated” date at the top reflects the most recent update. We encourage you to review this page periodically.

10. Contact Us

For questions, concerns, or requests regarding this Privacy Policy, contact us at: Owentrainingedh@gmail.com

Privacy Policy for Owen Training App & Website