Howland Performance Website Privacy Policy

Effective Date: December 1, 2024 

Howland Performance, LLC and its affiliates and subsidiaries (“Company,” “we,” “us” or “our”) recognizes the importance of protecting the privacy of our online visitors. The following privacy policy (“Privacy Policy”) describes the way we handle information learned about you from your visits to all of the websites and mobile applications we operate (collectively, the “Site”).

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. By accessing the Site and/or submitting information to or through the Site, you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy.  

We also act as processors or service providers for our customers and maintain, store and/or process the personal information of our customer’s constituents and clients on our customers’ behalf when our customers use our products. Such information above is not subject to this Privacy Policy and is instead subject to the privacy policies of our customers. IF YOU USE THE SITE OR OUR SERVICES TO PARTICIPATE IN AN ACTIVITY OFFERED BY AN ORGANIZATION, PLEASE CONTACT THAT ORGANIZATION IF YOU HAVE ANY QUESTIONS OR REQUESTS RELATING TO YOUR PERSONAL INFORMATION.

Personal Information  

Company collects personally identifiable information from you, which may include: 

•    Name 
•    Address 
•    Telephone number 
•    Email address 
•    Organization/company name 
•    Organization/company website 
•    Account credentials (i.e., username and password) 
•    Financial information.

Additionally, we may collect any personal information you provide us in communications you send or provide when you interact with any communications tools on the Site.  

The information described above is collected and stored electronically when you access/visit the Site, purchase our products, use our products, request a demo of our products or sign up for a free trial, create an account with us, sign up to receive our newsletters and/or marketing communications, sign up for our webinars/events/forums or contact us.

Information Collected Automatically  

Information about your computer hardware and software may automatically be collected by Company when you use the Site. This information may include:  

•    IP address 
•    Browser type 
•    Type of operating system 
•    Device type 
•    Unique device identifier 
•    Internet service provider 
•    Language preference 
•    Access times and dates 
•    Geographic location  
•    Referring website addresses  
•    Browsing history 
•    Search queries 

    Other technical information such as protocol status and substatus, bytes sent and received, and server information 
    Actions you take while visiting the Site  

This information is used by us for our business purposes, including without limitation for the operation and improvement of the Site, for technical troubleshooting, to maintain quality of the Site and to provide general statistics regarding use of the Site.

Cookies and Other Information Collection Tools  

What are cookies? A cookie is a small file containing a string of characters that is sent to your computer when you visit a website or use an online service. When you visit the website or use the service again, the cookie allows that website or online service to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

Duration of Cookies. We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date.

What types of cookies do we use? Company uses:  

    Necessary Cookies. These cookies are necessary for you to browse the Site and use its features, such as accessing secure areas of the Site. Without these cookies, certain aspects of the Site may not be available to you. 
    Preferences Cookies. These cookies collect information about how you have used the Site in the past and allow the Site to remember the choices you have made. These cookies allow us to improve how the Site works for you and tailor the Site to your preferences.  
    Analytics Cookies. These cookies collect information about how you use the Site, such as which pages you most often visit on the Site, the time you spend on the Site, which links you click on, and any issues encountered. These cookies help us understand how visitors interact with the Site. All information collected is aggregated and do not identify you. 
    Marketing Cookies. These cookies track your online activity to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of the advertising campaigns. They also limit how many times you see a certain advertisement. We may share the information collected through these cookies with others, such as advertisers.

Why do we use them? Cookies help us improve the Site by providing us with information about which parts of the Site are most popular, what actions are taken by users and what content is viewed, enabling us to analyze technical and navigational information about the Site, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons, pixels and embedded scripts) to help improve your experience with the Site. For example, we use Google Analytics to help analyze how users use the Site. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site (including IP address) is transmitted to our data collection tool service providers. This information is then used by us to evaluate visitors’ use of the Site and to compile statistical reports on website activity for Company. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics opt-out browser add-on designed for this purpose. 

How do I control cookies? Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Site.  

Web Beacons and Pixels

A pixel is an HTML code snippet embedded in a website or email that collects information about user behaviors and interactions with the website or email.

We may utilize pixels both on certain aspects of the Site and in HTML-formatted email messages to you. Pixels may be used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Site usage and tracking the activities of users of the Site and email recipients. For instance, we may use pixels on the Site to enable us to create targeted advertisements and measure the effectiveness of our advertisements. For additional information on interest-based advertising, please see the Interest-Based Advertising section below.

Interest Based Advertising 

We may collect information about your online activities on our Site to provide you with advertising about products and services tailored to your individual interests. You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners may track your online activities over time and across websites, including our Site, by collecting information through automated means, including through the use of third-party cookies and web beacons. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Site and on third-party websites that participate in the ad networks.  

Provided that a digital advertising services company participates in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising, you may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website. To learn more, please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance at www.networkadvertising.org/choices. If we use such digital advertising service providers in our marketing efforts, opting-out using those tools does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time. 

How Information is Used  

We may use the information we collect for any of the following purposes: 

    to provide the Site to you and to improve the Site; 
    to provide, operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us; 
    to register your account; 
    to determine trends in consumption of our products and determine where our products may be in demand; 
    to provide you with information about products and services that we may provide that we think may be of interest to you; 
    to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of our advertising campaigns; 
    to provide you with updates about our products and services and with transactional information; 
    for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site; 
    for analytics purposes;  
    to fulfil your requests, such as those related to ordering and payment;  
    to communicate with you, including through the chat function on the Site; 
    to enforce our Privacy Policy or other applicable policies; 
    to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process; 
    to enforce our rights, protect our property or protect the rights, property or safety of others; 
    as needed to support external auditing, compliance and corporate governance functions. 

Sharing of Information  

    With Third Party Service Providers Performing Services on Our Behalf. We may share your personal information with our service providers to perform the functions for which we engage them. For example, we may use third parties to host the Site or assist us in providing functionality on the Site, provide analytics on the Site, provide a chat function on the Site, provide marketing and advertising services for us, to send out emails on our behalf or process payments. 
    With Our Affiliates and Subsidiaries. We may share your information with our family of brands and corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures or companies under common control) for our internal business purposes. However, if we do so, their use and disclosure of your personal information will be subject to this Privacy Policy. 
    For Legal Purposes. We also may share information that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose personal information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share personal information as required to pursue available remedies or limit damages we may sustain.  
    Changes of Control. We reserve the right to transfer or assign the information that we have collected from users in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. 

Company does not share your personal information with third parties for those third parties’ direct marketing purposes. 

Your Rights and Choices 

By providing your phone number and clicking submit online, you agree to our Privacy Policy and authorize us to make or initiate sales calls, text messages and prerecorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products, goods or services and you may elect to do business with us over the phone. Message & data rates may apply. 

You may opt out of receiving promotional e-mails and text messages from us by following the unsubscribe instructions provided in any such messages. Please note that if you opt out of receiving promotional messages from us, this does not impact other transactional and administrative messages which you will continue to receive (such as emails relating to billing and payment information or changes to this Privacy Policy). If you have registered for an account with us, you may delete the account at any time by contacting us at contact@howlandperformance.com. 

If you have an account with us, you may access or modify some of your information and/or modify your preferences through your account or by contacting us at contact@howlandperformance.com.


If you have reason to believe that we have not complied with our obligations under the Privacy Act in relation to your personal information, please contact us at legal@togetherwork.com. We will investigate all complaints and respond to you as soon as practicable. 

We are based in the U.S. If you are accessing the Site or we collect your information in the course of providing our products and services, the information may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of Australia. Your use of the Site or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.  

Links to External Websites / Online Services 

Our Site may contain links to third-party websites and/or online services. Any access to and use of such third-party websites and/or online services is not governed by this Privacy Policy, but is instead governed by the privacy policies of those third parties, and we are not responsible for the information practices of such third-party websites and/or online services. 

Some aspects of the Site may allow you to interface with social media, such as Facebook or Google Plus. We will attempt to identify these aspects of the Site to you, for example, by identifying them with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services. If you interface with the Site through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services. For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform. 

Security  

Company uses reasonable security measures designed to prevent unauthorized intrusion to the Site and the alteration, acquisition or misuse of personal information. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Site are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Site. In order to protect us, you and your data, we may suspend your use of the Site, without notice if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized access to such areas is prohibited. 

Do Not Track 

Our Site does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us. 

Children  

No parts of our Site are directed to or designed to attract anyone under the age of eighteen.  

Contact Information; Questions and Changes in Information 

If you have any questions regarding this Privacy Policy or to request changes to your personal information, please contact us at contact@howlandperformance.com. 

Notification of Changes 

Any changes to our Privacy Policy will be posted to this page so users are always aware of the information we collect and how we use it. Accordingly, please refer back to this Privacy Policy frequently as it may change. 


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Howland Performance Waiver & Release Agreement


Review Howland Performance Privacy Policy

Throughout this Waiver & Release Agreement, Howland Performance, LLC will be referred to as "The Company."


I, the undersigned, acknowledge that there are inherent risks associated with the use of The Company's facilities, participation in The Company's activities and services, and the

use of any equipment or materials provided by The Company. These activities and services encompass, but are not limited to, [fitness classes, sports coaching, sports games,

facility rental, workshops, educational programs, birthday parties, consulting services, etc.]. Accordingly, as consideration in exchange for being allowed to participate in any

activities provided by The Company, I agree to the following:


1. Acknowledgment of Understanding: I, the undersigned, acknowledge that I have read, understood, and agree to all of the terms and conditions set forth in this

Waiver & Release Agreement. I understand that this Waiver & Release Agreement releases The Company from liability for any injuries or damages that may occur during

my participation in any activities at The Company.

2. Obligation to Inspect Facility/Equipment and Report Unsafe Conditions: I, the undersigned, agree that prior to participating in any activity at The Company, I

will inspect the facilities and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise

the Staff or another official of The Company of this unsafe condition and will not participate until this condition is corrected.

3. Recognition of Inherent Risks: I, the undersigned, acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may

include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or

negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably

foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at The Company.

4. Assumption of Liability for Inherent Risks: I, the undersigned, agree to assume all the foregoing risks and accept full responsibility for my own damages following

such injury, permanent disability, or death.

5. Release and Covenant Not to Sue: I, the undersigned, release, waive, discharge, and agree not to sue The Company, its parent company, and any subsidiaries and

all its respective agents, affiliates, associates, officers, directors, owners, employees, interns, and volunteers (collectively "Releasees") from demands, losses, or damages

on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by Releasees or any other party's actions, inactions, or

otherwise.

6. Indemnification: I, the undersigned, shall defend, indemnify, and hold The Company and Releasees harmless from and against any and all liability, loss, expenses,

including reasonable attorney's fees, claims from injury or damages to the extent that the same are caused by or result from the negligence or the intentional acts or

omissions of third parties or of an individual or group renting space from the facility, it's officers, agents, or employees.

7. Emergency and Medical Care Consent: I, the undersigned, consent to emergency medical care and transportation in order to obtain treatment in the event of

injury to me as The Company may deem appropriate. This Waiver & Release Agreement extends to any liability arising out of or in any way connected with the medical

treatment and transportation provided in the event of an emergency.

8. Assumption of Risk and Waiver of Liability Relating to Coronavirus (COVID-19): I, the undersigned, acknowledge the contagious nature of COVID-19 and

voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending activities at The Company and that such exposure or infection may result in

personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Company may result from the

actions, omissions, or negligence of myself and others, including, but not limited to, The Company's employees, volunteers, and program participants and their families. I

voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and

death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at The Company or participation in

The Company's programming ("Claims"). On my behalf I hereby release, covenant not to sue, discharge, and hold harmless The Company, its employees, agents, and

representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand

and agree that this release includes any Claims based on the actions, omissions, or negligence of The Company, its employees, agents, and representatives, whether a

COVID-19 infection occurs before, during, or after participation in any Company program.

9. Governing Law and Severability: This Waiver & Release Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. If any

provision of this Waiver & Release Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force

and effect.

10. Minors and Guardianship: If the participant is under the age of 18, this Waiver & Release Agreement must be signed by a parent or legal guardian of the

participant. The parent or legal guardian acknowledges that they have read, understood, and agreed to the terms of this Waiver & Release Agreement on behalf of

themselves and the participant. The parent or legal guardian further acknowledges that by signing below, they are assuming all inherent risks associated with the

participant's use of The Company's facilities, participation in The Company's activities and services, and the use of any equipment or materials provided by The Company.

11. Medical History Disclosure: I understand the importance of disclosing any relevant medical history or limitations that could impact my safety during activities at The

Company. I agree to disclose any such information to The Company staff before participating in any activities.

12. Adherence to Rules and Instructions: I agree to follow all safety rules and instructions provided by The Company staff. I understand that failure to follow these

rules could increase my risk of injury.

13. Updates and Amendments: The Company reserves the right to update or amend this Waiver & Release Agreement at any time. Any such updates or amendments

will be posted on The Company's website and will be effective immediately upon posting. Your continued participation in activities at The Company constitutes your

acceptance of any such updates or amendments.

14. Photographic Release: I grant The Company the irrevocable right and permission to use my photograph, likeness, image, and/or voice in any and all media, now or

hereafter known, for any purpose whatsoever, including, but not limited to, advertising, promotional materials, and website content.

15. Safety Acknowledgment: I acknowledge that I have received safety instructions from The Company staff and agree to follow all safety rules and instructions

during my participation in activities at The Company. I understand that failure to follow these rules could increase my risk of injury.

16. Binding Effect: This Waiver & Release Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and

assigns.


I, the undersigned, acknowledge that I have read and understand this entire Waiver & Release Agreement. I agree to its terms for myself and if applicable, any of my minor

children or dependents participating in this activity. I understand that by signing below, I am giving up substantial rights on behalf of my child(ren) and myself.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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