Privacy Policy

PRIVACY POLICY  ("Agreement") and the Privacy Policy (“Privacy Policy”) constitute a binding agreement between you ("Customer" or "you") and Annex Athletic Club, LLC,  a Florida limited liability company ("Company" or “us/we”). This Agreement governs your use of the Company website located at www.annexathleticclub.com  (the “Site”), the Company mobile application (“Application”), and the Company Offerings described below (the Site, Application, and subscription, collectively referred to as the “Services”). Please read this Agreement carefully.

BY PAYING MEMBERSHIP OR OTHER FEES, CLICKING THE "AGREE" BUTTON, OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

To register with and use the Services, you must be 18 years or older and/or be of legal age in your jurisdiction of residence, or be between the age of 13 and 17 and obtain the express permission of your parent or legal guardian. If you are under the age of 13, you are not permitted to use any of the Services or submit any personally identifiable information to the Company.

Privacy Policy

By agreeing to this Agreement, you agree to the terms of our Privacy Policy, which is incorporated herein by reference. Before using the Services (described but not limited to the below), please read through this Agreement and Privacy Policy carefully. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy.

Collection and Use of Your Information

You acknowledge that when you use the Services, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to using the Services or certain of its features or functionality. All information we collect through or in connection with the Services is subject to our Privacy Policy. By using, and providing information to the Company through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Except for (i) personally identifiable information such as names, addresses, and financial information and (ii) information you submit in relation to an employment application, by submitting unsolicited information and content through the Services, you grant Company and each of its respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, fully-paid and royalty free license (with the right to sublicense) to store, use, copy, reproduce, modify, publicly perform, display, distribute, adapt, and create derivate works of, and to promote, market, and exploit such submission. By sending any unsolicited submission to us, you waive the right to make any claim against Company, its parents or affiliates related to use of the submission, including any claim of “moral rights” or attribution.

By uploading or submitting any content you represent and warrant that you own or have the necessary rights or licenses to submit such content. You also represent and warrant that any uploaded material does not:

• infringe any copyright or other intellectual property or other rights of any other person or entity;

• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or our Privacy Policy;

• promote any illegal activity, or advocate, promote, or assist any unlawful act;

• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;

• give the impression that the content emanates from or is endorsed by Company or any other person or entity, if this is not the case.

We, in our sole discretion, reserve the right to monitor, remove, or edit any user content for any or no reason at any time. We may disclose your identity or other information about you to any third party who claims that user content submitted by you violates their legal rights, including intellectual property or privacy rights. We may take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Services. We have the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or any other information of anyone posting materials on or through the Services. 

YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY IN RESPONSE TO AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR AS A CONSEQUENCE OF COMPANY’S ACTIVITIES INTENDED TO COMPLY WITH LAW OR REGULATIONS.

Third-Party Materials 

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Mobile Networks

If you access the Services through a mobile network, or signup to receive text messages, your mobile network provider’s messaging, data, and other rates and fees may apply. We shall have no responsibility or liability for any data fees you incur through your use of the Services. Some features of the Services may be restricted by or may be incompatible with your mobile network or device.

Notice About Fitness Content

1. Health Warning. The health and fitness content provided through the Services is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. We strongly recommend that you consult with your physician before beginning any exercise program. It is your responsibility to evaluate your own medical and physical condition to determine whether to participate in an exercise program. Always check your surroundings before exercising. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services.

2. Assumption of Risk. You understand and expressly agree that there are risks inherent in physical activity and your use of the Services may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for your use of the Services, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to your use of the Services. You further agree that Company, and its respective affiliated companies, parents, subsidiaries, and franchisees, together with officers, directors, shareholders, employees, agents, and independent contractors of all such entities (collectively, the “Released Parties”) will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to you, your spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the Released Parties or anyone acting on their behalf, whether related to exercise or not.

Release; Indemnification

To the fullest extent permitted by law, you hereby forever release, waive and discharge each member of the Released Parties from any and all claims, demands, injuries, damages, actions or causes of action related to your use of the Services, any content you submit, post to, or transmit through the Services, or your breach or alleged breach of this Agreement (collectively, “Claims”) against any member of the Release Parties, or anyone acting on their behalf. Further, you hereby agree to defend, indemnify and hold harmless each member of the Released Parties from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising from or related to any such Claims. If you live in a jurisdiction that does not allow for the waiver of liability, the above waiver of liability does not apply to you.

Miscellaneous

1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

2. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Tampa and Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

3. Geographic Restrictions. The Software and Services are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Software and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Software and Services from outside the United States, you are responsible for compliance with local laws.

4. Arbitration. The Parties agree that any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof, or arising out of or relating to the Agreement, or the termination thereof, including any claims under federal, state, or local law, shall be resolved by binding arbitration administered by a single arbitrator of the American Arbitration Association (“AAA”). The seat of any such arbitration will be Hillsborough County, Florida, or a location determined by the mutual written consent of both Parties. The Parties agree that any award rendered by the arbitrator shall be final and binding, and that judgment upon the award may be entered in any court having jurisdiction thereof. The Parties agree that any such arbitration shall be conducted pursuant to the then current Streamlined Commercial Arbitration Rules, and judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. In the event of a dispute between the Parties, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs incurred prior to and during any litigation or arbitration proceedings including interest from the date said fees and costs were advanced by the prevailing Party at the rate of ten percent (10%) per annum.

5. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. 

6. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 

Term and Termination

The term of Agreement commences when you acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or Company as set forth in this Section. Company may terminate this Agreement at any time without notice, including if Company ceases to support the Services, which Company may do in its sole discretion, or upon the Customers failure to pay the Fees. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination, all rights granted to you under this Agreement will also terminate. Termination of this Agreement will not limit any of Company's rights or remedies at law or in equity.

Changes to Terms

We reserve the right to modify or amend this Agreement without notice at any time. The latest Agreement will be accessible through the Application and posted on the Site, and you should always review this Agreement prior to using the Services to ensure that you have a current understanding of this Agreement under which you are permitted to access the Services. If we make material modifications or amendments to this Agreement, we will notify you by reasonable means which could include notification through the Services or by direct communication to you via email or your account. Use by you of the Services following any modifications or amendments to this Agreement shall signify your acceptance of such modifications or amendments.