WavVis Terms of Use

Effective Date: August 25, 2024

These Terms of Use (“Terms”) govern your use of the WavVis websites, any mobile application WavVis offers, or any other Internet site or service on which these Terms are presented (collectively, the “Services”). WavVis, Inc. ( “WavVis,” “we,” “us,” or “our”) offers the Services to you, subject to and conditioned on your acceptance of these Terms and theWavVis Privacy Policy, which is found at https://www.WavVis.com/ privacy (“Privacy Policy”).

By accessing, registering for, browsing, clicking a box to signify your consent, or otherwise using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are under 18, you represent that a parent, guardian, or school administrator has agreed to these Terms of Service on your behalf and consents to WavVis’s data collection practices as described under the Privacy Policy. WavVis may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and WavVis. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH WavVis, YOU MAY NOT USE THE SERVICES.

1. Eligibility for Use of the Services

Any information you provide to WavVis will be stored and managed as provided in our Privacy Policy and is subject to applicable United States laws and regulations. You must be at least 14 years old to use the Services.

2. Acknowledgment of Risks Associated with Fitness Activities

The fitness, strength and conditioning, nutrition information and recommendations provided by the Services are not intended as a substitute for medical advice from your health care provider. WavVis is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress and injury, and you acknowledge and agree to assume this entire risk in purchasing and using the Services. You further acknowledge that the Services and training recommendations are intended for an individual user based on specific input regarding that user and are not intended for the use of anyone besides that specific user.

You represent and warrant that you have consulted a licensed physician or doctor before using any of the Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of the Services.

3. Registration and Accounts on the Services

Some portions of the Services may permit or require you to create an account to participate or to secure additional benefits. You may register for one of the following types of accounts:

● Administrative Account: Administrative Accounts allow supervising parties, and affiliated organizations to create and monitor fitness programs in connection with group fitness activities.

● Associated User Account: Associated User Accounts allow group members to participate in fitness programs created and/or monitored by Administrative Account users.

● Personal Account: Personal Accounts allow individuals that are not affiliated with a group to use the Services for their individual benefit.

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph. You also agree to promptly notify us at sport@wavvis.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.

We may suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

4. Purchases Through the Services

Certain features or functionality of the Services may allow you to purchase products or services. You agree to pay for all products and services provided through WavVis that are ordered through your account. You authorize WavVis to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing WavVis with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting.

All purchases made directly through a WavVis representative or through WavVis' website are final. Please note that if you purchase a subscription through the Apple iTunes Store or the Google Play Store, the sale is final and WavVis cannot provide a refund. Your purchase will be subject to Apple or Google’s applicable payment policy.

You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Services or any products WavVis may supply.

5. Disclaimer of Warranties

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WAVVIS APP ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. WAVVIS, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE SERVICES, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND WAVVIS WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR

OPINIONS EXPRESSED ON THE SERVICES, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION

PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS

UNLESS OTHERWISE SPECIFIED IN WRITING. WAVVIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WAVVIS APP

BY USING THIS WAVVIS APP, YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST WAVVIS FOR INJURIES OR DAMAGES THAT MAY OCCUR THROUGH USE OF THE WAVVIS APP'S SERVICES, WORKOUTS, OR OTHER CONTENT.

6. User Conduct and Usage Restrictions

By using or accessing the Services, you represent, warrant and agree that you will not:

● do anything that could disable, overburden or impair the proper working of the Services, including any interference with the servers or networks used to make the Services available or any violation of the requirements, procedures, policies, or regulations of such networks;

● restrict or inhibit any person from rightfully using the Services;

● transmit, post to, or make available through the Services any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

● use any robot, spider, scraper or other automated means to access any portion of the Services;

● reverse engineer, decompile, or disassemble any portion of the Services;

● send spam or any other unauthorized advertisements or solicitations through or using the Services;

● use an iFrame or offer web search functionality on the Services;

● harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Services;

● solicit private information (including social security numbers, credit card numbers and passwords) from users of the Services;

● impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Services, or stating or implying that we endorse any statement you make;

● transmit, post to, or make available through the Services any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that WavVis may consider offensive;

● transmit, post to, or make available through the Services any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);

● transmit, post to, or make available through the Services any false, misleading or fraudulent information;

● intimidate, harass, or violate the rights of any user or other person;

● otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose WavVis or users of the Services to harm or liability; or ● attempt, encourage or facilitate any of the above.

Without limiting any of the foregoing, you may only use the Services for personal noncommercial and lawful purposes. You may not exploit any aspect of the Services for any commercial purpose without prior written and signed authorization from WavVis. You must comply with all state, local, national and international laws, rules and regulations that apply to the Services, your use of the Services, and any products or services you learn about on the Services or access through the Services, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.

7. WavVis’ Proprietary Rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by WavVis or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Software, in whole or in part.

Subject to your compliance with these Terms, WavVis grants you a personal, nontransferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by WavVis for use in accessing the Services.

8. User Content

“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Services by you or other users of the Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.

You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, rearrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the Services and carrying on the business of WavVis. You further acknowledge and agree that third parties who provide services to WavVis may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with WavVis.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "User Content License").

By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.

You further acknowledge that aspects of the Services may be public and accessible by anyone who visits or uses the Services. In addition to the rights granted to us and our service providers, your use of the Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.

9. Right to Remove User Content or Block Access

WavVis generally does not monitor, approve or have any control over any User Content. Nevertheless, WavVis or its designees, at WavVis’ discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable. WavVis may also block your access to the Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate information you provide to WavVis; (c) we believe that your actions may cause financial loss or legal liability for you, WavVis users or us; or (d) we believe that blocking access is a reasonable business practice under the circumstances.

We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Services.

10. Use of Customer Marks for Marketing Purposes

By agreeing to these Terms, you grant WavVis, Inc. (“WavVis”) a non-exclusive, worldwide, royalty-free, perpetual license to use your name, trademarks, service marks, logos, or brand features ("Customer Marks") in our promotional materials, including marketing and advertising materials, presentations, case studies, and on our website, to identify you as a customer of WavVis. This may include, but is not limited to, the use of your Customer Marks in print, online, and in social media. You confirm that you own or have obtained all necessary rights and permissions to grant this license for the use of your Customer Marks. WavVis agrees to use the Customer Marks in accordance with any brand guidelines you may provide and will not alter or modify them without your prior consent. You may revoke this license at any time by providing written notice to WavVis, upon which we will cease the use of your Customer Marks in new promotional materials within a reasonable time frame.

11. Third Party Content and Links

WavVis may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by WavVis of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against WavVis also may post or otherwise provide access to websites, materials, or content of third parties (“Third Party Content”) as a service to those that might be interested in this information. WavVis does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. WavVis is not responsible for updating or reviewing Third Party Content. You access and use Third Party Content at your own risk.

You agree that WavVis is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any Third Party Content. You agree to not use any Third Party Content in a manner that would infringe or violate the rights of any other party and that WavVis is in no way responsible for any such use by you.

12. Access to the Services

You may use the Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. WavVis does not guarantee availability of any aspect of the Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Services (including reducing available storage capacity, if any, and removing any of the content contained in the Services) at any time without notice.

You agree that we may terminate your use of the Services if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of WavVis or any third party, or for any other reason with or without notice to you.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WavVis,

OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE

LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND

EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE,

INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES

RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM

(a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF

PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED

ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d)

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e)

ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON

WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER

OR NOT WavVis IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WavVis

WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY

YOU, NOT TO EXCEED FIFTY U.S. DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE

REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

14. Indemnification

You agree to release, discharge, defend, indemnify and hold harmless WavVis, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Services, including any User Content (defined below) that you provide and your violation of any of these Terms.

15. Copyrights and Claims of IP Infringement

WavVis and its licensors retain full ownership, rights and protection in all material contained on the Services (including all digital images, software, HTML code and other code, or business methods), including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Services without the prior consent of WavVis or the copyright owner.

WavVis respects the intellectual property rights of all third parties. If you are the owner of a United States copyright and you believe that your work has been copied on the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:

(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(D) your address, telephone number, and email address;

(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached by:

Email: sport@wavvis.com

Mail: 1136 larrabe st. West Hollywood , CA 90069 apt. 426 WavVis, Inc.

____________

16. Trademark Information

All trademarks, service marks and trade names of WavVis, its partners and licensors (including without limitation: WavVis, the WavVis logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of WavVis or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without WavVis’ prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a

“hot” link on or to any other website unless establishment of such a link is approved in advance by WavVis.

17. Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy, which is incorporated into these Terms by reference. For more information, see the full Privacy Policy at https://www.WavVis.com/privacy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by WavVis and its affiliates or business partners.

18. Notices

WavVis may deliver notice to you under these Terms by means of electronic mail, a general notice on the Services, or by written communication delivered by first class U.S. mail.

You may give notice to WavVis at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

1136 larrabe st. West Hollywood , CA 90069 apt. 426 WavVis, Inc.

______

19. Updates to these Terms

We reserve the right to update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of these Terms. We encourage you to check this page periodically for any updates. If you continue use of the Services following the posting of an updated version of these Terms, we will treat your continued use as acceptance of the updated version.

20. General Provisions

● These Terms and your use of the Services are governed by the internal substantive laws of the State of California, without regard to conflict of law principles.

● You expressly agree that, any and all disputes, controversies and/or claims arising out of, relating to, or resulting from performance under any terms, provisions or conditions of any dispute relating to your use of the Services (“Legal Action), it shall be submitted to binding arbitration. Such arbitration shall comply with and be governed by the provisions of the American Arbitration Association (“AAA”). The arbitration shall be held at the AAA office in Los Angeles, California, U.S.A, Los Angeles County. The arbitration proceedings shall be kept private and confidential and both parties agree not to disclose any aspect of the proceedings without the prior written consent of the other party. The arbitration proceedings shall be conducted in the English language. The neutral arbitrator selected in a manner consistent with the rules of the AAA shall have the power to award specific performance or injunctive relief. The arbitration award shall be final and binding upon the parties, and judgment thereon may be entered in any court in the world having jurisdiction thereon.

● If a court of competent jurisdiction holds any term, covenant or restriction of these Terms to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.

● The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.

● No waiver of any provision of these Terms will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. YOU AGREE THAT ANY AND ALL

DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN

CONNECTION WITH THESE TERMS OR THE SERVICES MUST BE

BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

● WavVis will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, pandemic, or war.

● WavVis retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in these Terms or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the Services or by any other means.

21. SPECIFIC INFORMATION AND ADDITIONAL TERMS FOR COACHES AND SUPERVISING PARTIES:

COACHES, SUPERVISING PARTIES, OTHER ADMINISTRATIVE ACCOUNT

HOLDERS, AND AFFILIATED ORGANIZATIONS ("THE RESPONSIBLE PARTIES")

MUST OBTAIN CORRECT PARENTAL CONSENT AS REQUIRED BY THEIR

ORGANIZATIONAL POLICY (INCLUDING FOR COPPA AND THE FAMILY

EDUCATIONAL RIGHTS AND PRIVACY ACT) AND MUST COMPLY WITH THE PRIVACY LAWS OF THEIR JURISDICTION, BEFORE ADDING ASSOCIATED USERS TO THE SERVICES.

a. Responsible Parties agree to hold WavVis harmless from any liability from and indemnify against any losses, claims, damages, awards, penalties, or injuries from group participants (the “Associated Users”) while using WavVis’ fitness programs, whether or not the programs have been modified by a Responsible Party or Associated User. The Responsible Parties acknowledge that all participation in WavVis’ fitness programs by Associated Users, including all associated exercises, movements, methods, practices, volumes, and intensities contained therein, is done under the guidance and supervision of, and at the risk to the Responsible Parties. The Responsible Parties represent and warrant that the equipment and space used for any Associated User’s participation in WavVis’ programs are well-maintained, suitable for fitness programs, and comply with all applicable safety regulations.

b. The Responsible Parties further warrant that all participating Associated Users, and their legal guardians, if the participating Associated Users are under the age of 18, have agreed to use WavVis’ programs and products in adherence with these Terms.

c. The Responsible Parties warrant that they are authorized to enter into such an

agreement and agree that they shall be responsible for any Associated Users’ participation in WavVis’ fitness programs, and for any associated personal injury or property damage.

​​WavVis Terms of Use