PRIVACY POLICY
Protecting your private information is our priority. This Privacy Policy ("Policy") applies to ELEV8 Climbing and Fitness and any subsidiaries and affiliates ("ELEV8", "we", "us" or "our") belonging to ELEV8 Climbing and Fitness, and describes the collection, use and disclosure of information and data we collect about users of the facility. By accessing the facility, you agree that your personal information will be handled as described in this Policy and consent to the data practices described within this Policy. Your use of our facility, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The ELEV8 Terms and Conditions are incorporated by reference into this Policy.

COLLECTION OF YOUR PERSONAL INFORMATION
We collect information about you directly from you (both online and in store) and from third parties, as well as automatically through your use of our facility. In order to better provide you with products and services offered on our facility, ELEV8 may collect personally identifiable information, including but not limited to: your first and last name, mailing address, email address, phone number, and password. If you purchase products or services from ELEV8, we collect billing and credit card information and purchase history. This information is used to complete the purchase transaction. We also may collect information about your workout preferences, such as your preferred climbing route difficulties, and your fitness apparel sizes, including shoe size preferences. If you provide this information directly to one of our gym employees, we may associate this information with your account (e.g., if you sign up for a class while you are in the gym). ELEV8 may also collect anonymous demographic information, which is not unique to you, including but not limited to, your: age and gender. Please keep in mind that any information you disclose through public message boards belonging to ELEV8 may be collected and/or used by ELEV8 or others.
You may be required to provide certain personal information to us when you elect to use certain products or services available on the facility. These may include: (a) registering for an account on our facility; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services at our facility. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

INFORMATION WE COLLECT FROM THIRD PARTIES
To create an account and use the facility, ELEV8 requires emergency contact information for customers. When a customer creates an online account with ELEV8, ELEV8 will collect the name and phone number of their emergency contact. ELEV8 customers and members also may provide ELEV8 information about their friends, e.g., so that ELEV8 can invite others to try classes.

USE OF YOUR PERSONAL INFORMATION
ELEV8 collects and uses your personal information for the following purposes and as otherwise permitted by law: (1) provide and communicate services offered by ELEV8 to you, (2) customer service purposes including responding to inquiries and comments and fulfilling purchases, (3) offer personalized information, content, services and offers, (4) marketing and promotional services including offers, specials, promotions, newsletters, emails, and third-party products and services, (5) to contact you, (6) assist in marketing and advertising on third-party websites and social media/networking platforms, (7) conduct surveys and questionnaires, (8) business purposes including the sale and restructuring of ELEV8, (9) comply with all applicable laws and protect ELEV8 and others and (10) research and analytical purposes to better understand how users access and interact with the facility and to modify and improve the facility.

SHARING INFORMATION WITH THIRD PARTIES
ELEV8 may share data and your personal information with affiliates, partners, or service providers to help perform statistical analysis, send you email or postal mail, provide customer support, arrange for deliveries and other business related purposes including in the event ELEV8 merges with another company or sells some or all of its assets to another company.
ELEV8 may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on ELEV8 or the facility, (2) protect and defend the rights or property of ELEV8, (3) protect ELEV8 or others, and/or (4) act under exigent circumstances to protect the personal safety of users of ELEV8, or the public.

E-MAIL COMMUNICATIONS
From time to time, ELEV8 may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from ELEV8, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

EXTERNAL DATA STORAGE SITES
ELEV8 may store your data on servers provided by third-party hosting vendors with whom we have contracted.

CHANGES TO THIS STATEMENT
ELEV8 may update this Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. ELEV8 will post such revised Policy on the facility. Your use of the facility constitutes your agreement to any revised Policy terms.

CONTACT INFORMATION
ELEV8 welcomes your questions or comments regarding this Statement of Privacy. If you believe that ELEV8 has not adhered to this Statement, please contact ELEV8 at: info@elev8climbing.com
Effective as of July 5, 2021

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Mojo Filter, LLC
dba ELEV8 Climbing and Fitness
777 Boyd Ave. 
​Traverse City, MI  49686

THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS


Review ELEV8 Climbing and Fitness Privacy Policy

PLEASE READ CAREFULLY BEFORE SIGNING

This Agreement must be signed by all visitors of Mojo Filter, LLC, a Michigan limited liability company doing business as ELEV8 Climbing and Fitness (collectively referred to herein with Mojo Filter, LLC’s employees, owners, officers, directors, agents, independent contractors and assigns as “ELEV8”). If the visitor is a minor, it must be signed by his or her parent or legal guardian, who signs for himself or herself and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in ELEV8 Activities (see below) and other persons that enter an ELEV8 facility or take part in an ELEV8 activity.

In consideration of the services of ELEV8, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:

ACTIVITIES: This Agreement applies to facilities operated by ELEV8, other facilities that ELEV8 uses for its activities, and any outdoor or remote locations where ELEV8 is conducting activities. Activities of ELEV8 (“ELEV8 Activities”) include but are not limited to the following: the use of roped (top rope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing of equipment from ELEV8, and other activities and use of facilities and equipment at an ELEV8 gym or elsewhere.

RISKS: I recognize and understand that there are risks, hazards and danger in ELEV8 Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in ELEV8 Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose handholds or loose rock, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other visitors, participants and staff; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by ELEV8 through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. These and other risks are inherent in a visit to an ELEV8 facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in ELEV8 Activities. Participation in ELEV8 Activities is voluntary and visitors may withdraw from participation at any time.


 ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly assume all risks associated with ELEV8 Activities, inherent and otherwise, and whether or not described above. If the visitor is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in the ELEV8 Activities nevertheless.


RELEASE OF LIABILITY AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge and indemnify (that is, defend and pay, including costs and attorneys fees) Mojo Filter, LLC, lessees and owners of the properties on which ELEV8 Activities are conducted, and their respective members, owners, managers, directors and staff (“Released Parties”) with respect to any damages, claims, liability, or causes of action arising out of my or the minor child’s visit to ELEV8 facilities, or other site where ELEV8 Activities take place, the use of its facilities and equipment and participation in ELEV8 Activities. I understand that any instruction received at ELEV8, whether formal or otherwise, does not protect me from risks, and that the deployment of stated instruction material requires my own discretion and assumption of personal responsibility. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor’s, families, arising out of my, or the minor visitor’s, visit to the gyms or other ELEV8 activity site, the use of its facilities and equipment and participation in ELEV8 Activities. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released Party.


 OTHER:

1. I, or the minor visitor, am capable of participating in ELEV8 Activities and have no mental or physical condition that would cause me or the minor visitor to be a danger to ourselves or others.

2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that ELEV8 is not liable for any lost or stolen equipment or personal items brought to ELEV8 facilities or other ELEV8 Activity site.

3. I understand that in order to participate in ELEV8 Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional and/or certification program ELEV8 requires for the particular activity; and I, or the minor, must read and abide by all of ELEV8’s rules, warnings, and regulations. ELEV8 has no duty to monitor my visit to ELEV8 whether or not I participate in ELEV8 Activities.

4. In the event of an accident, I authorize ELEV8 to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of ELEV8, medical care is needed and/or I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of ELEV8, and to indemnify and hold ELEV8 harmless from any consequences resulting from such care.

5. ELEV8 is hereby authorized to take photos and video of me or the minor in connection with participation in ELEV8 Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.

6. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

7. I understand that this Agreement constitutes the entire agreement between ELEV8 and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all ELEV8 Activities including use of any of ELEV8’s facilities, equipment and parking areas.

8. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.

9. This Agreement shall be construed in accordance with the laws (but not the conflict of law provisions which might invoke the laws of another jurisdiction) of the State of Michigan and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the minor visitor hereby submit to the exclusive jurisdiction of the courts of Traverse City, Michigan. I voluntarily waive any right I or the minor child may have to a jury trial in any action under this Agreement.


I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, and our respective heirs, assigns, and administrators.

Today's Date: November 15, 2024



First Participant or Spectator's Name

First Name*

Last Name*

Phone*
First Participant or Spectator's Date of Birth*
First Participant or Spectator's Signature*
Second Participant or Spectator's Name

First Name*

Last Name*
Second Participant or Spectator's Date of Birth*
Third Participant or Spectator's Name

First Name*

Last Name*
Third Participant or Spectator's Date of Birth*
Fourth Participant or Spectator's Name

First Name*

Last Name*
Fourth Participant or Spectator's Date of Birth*
Fifth Participant or Spectator's Name

First Name*

Last Name*
Fifth Participant or Spectator's Date of Birth*
Sixth Participant or Spectator's Name

First Name*

Last Name*
Sixth Participant or Spectator's Date of Birth*
Seventh Participant or Spectator's Name

First Name*

Last Name*
Seventh Participant or Spectator's Date of Birth*
Eighth Participant or Spectator's Name

First Name*

Last Name*
Eighth Participant or Spectator's Date of Birth*
Ninth Participant or Spectator's Name

First Name*

Last Name*
Ninth Participant or Spectator's Date of Birth*
Tenth Participant or Spectator's Name

First Name*

Last Name*
Tenth Participant or Spectator's Date of Birth*
Participant or Spectator's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Last Name*

Phone*
Parent or Guardian's 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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