ACTIVITY WAIVER, RELEASE, AND INDEMNITY AGREEMENT

In consideration of being permitted to participate in activities and events hosted, sponsored, managed or run by Captain Athletic Club, whether or not on Captain Athletic Club owned or leased property (collectively, the "Activities”), I do hereby agree to waive, release, and indemnify, hold harmless and forever discharge Captain Athletic Club and its affiliates, agents, employees, officers, members, directors, successors and assigns (collectively, “Releasees”), from any and all responsibilities or liabilities, including those caused by negligent acts or omissions of Releasees (as hereinafter defined), resulting from, arising out of, or in any way connected with my participation in the Activities.

I understand that my participation in the Activities is completely voluntary and such Activities are provided for my convenience and enjoyment. By participating in the Activities I represent that I have not been instructed by a medical professional to refrain from participating in such activity or that my participation would cause harm to myself or others. I understand that participation in the Activities could be dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death and that I am assuming any and all risk, associated with, related to, or arising out of my participation in the Activities. On behalf of myself, my heirs, executors, and assigns, I understand that I am hereby waiving any and all claims for damages, injuries and death that I may have against Releasees as a result of my participation in the Activities.

This Waiver, Release, and Indemnity Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Waiver, Release, and Indemnity Agreement. The provisions of this Waiver, Release, and Indemnity Agreement may not be waived, altered, amended or repealed, in whole or in part, without the written consent of all parties.

The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the Activities, whether by agreement, by operation of law, or otherwise.

This Waiver, Release, and Indemnity Agreement shall be governed by, and construed in accordance with the laws of the City of Vienna, Austria without taking into account conflicts of laws principles.

If a court of competent jurisdiction holds any part of this Waiver, Release, and Indemnity Agreement to be invalid, it shall not affect the other provisions of this Waiver, Release, and Indemnity Agreement.

I have read, understand and fully agree to the terms of this Waiver, Release, and Indemnity Agreement. I understand and confirm that by becoming a member of Captain Athletic Club you agree to this Waiver, Release, and Indemnity Agreement and with that I have given up considerable future legal rights. I have agreed to this Waiver, Release, and Indemnity Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.

PRIVACY POLICY

At captain.ac, accessible from www.captain.ac, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by captain.ac and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in captain.ac. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you apply to become a member, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

• Provide, operate, and maintain our website

• Improve, personalize, and expand our website

• Understand and analyze how you use our website

• Develop new products, services, features, and functionality

• Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes

• Send you emails

• Find and prevent fraud

Log Files

captain.ac follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of captain.ac.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on captain.ac, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that captain.ac has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

captain.ac's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children's Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

captain.ac does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

LEGAL

THE INFORMATION AND CONTENT PROVIDED AND SHARED IN THE CAPTAIN ATHLETIC CLUB ONLINE GROUPS AND CHANNELS IS FOR INFORMATIONAL & COMMUNITY PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION OR CONTENT IN THE GROUPS TO MAKE HEALTH, WELLNESS, FINANCIAL, BUSINESS, LEGAL, OR ANY OTHER DECISIONS WITHOUT FIRST CONSULTING A PROFESSIONAL. ALL SUCH DECISIONS ARE MADE AT YOUR OWN DISCRETION AND ELECTION. CAPTAIN ATHLETIC CLUB IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

ALTHOUGH CAPTAIN ATHLETIC CLUB ENGAGES MEMBERS AND PARTNERS TO LEAD GROUPS, WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, OR QUALITY OF THE CONTENT OF THE GROUPS, AND WE DO NOT ENDORSE OR WARRANT THE CONTENT PROVIDED BY MEMBERS, PARTNERS OR MODERATORS IN ANY WAY. CAPTAIN ATHLETIC CLUB HAS THE RIGHT TO REMOVE MEMBERS, PARTNERS OR LEADERS FROM THE GROUP AT ANY TIME.

MUCH OF THE CONTENT IN THE CAPTAIN ATHLETIC CLUB ONLINE GROUPS AND CHANNELS IS POSTED BY USERS AND MEMBERS OF OUR COMMUNITY, AND NOT BY CAPTAIN ATHLETIC CLUB. YOU ACKNOWLEDGE THAT THIS CONTENT DOES NOT NECESSARILY REPRESENT THE VIEWS OF CAPTAIN ATHLETIC CLUB, OUR AFFILIATES OR OUR SUPPLIERS. WE DO NOT ENDORSE OR WARRANT ANY CONTENT PROVIDED BY USERS AND MEMBERS OF OUR COMMUNITY. CAPTAIN ATHLETIC CLUB IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SUCH THIRD-PARTY CONTENT.

THE CONTENT AND GROUPS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NOTHING HEREIN SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.