INTERPRETATION AND DEFINITIONS

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of this Privacy Policy:

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Fempress, Inc., 2150 S Canalport Ave. Ste 5C-6, Chicago, IL 60608.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account means a unique account created for You to access our Service or parts of our Service.

• Website refers to Fempress, accessible from www.fempressfit.com

• Service refers to the Website.

• Country refers to: Illinois, United States

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Personal Data is any information that relates to an identified or identifiable individual.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

COLLECTING AND USING YOUR PERSONAL DATA

TYPES OF DATA COLLECTED

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

THIRD-PARTY ANALYTICS SERVICES

We may use third-party web analytics tools on our Service, such as Google Analytics, Facebook and others. The vendors that administer these tools use automated technologies to collect data (such as identifiers associated with your device) to evaluate use of our Service. To learn more about Google Analytics, and how to opt out, please visit http://www.google.com/policies/privacy/partners/, or any other URL that Google may provide from time to time.

USE OF YOUR PERSONAL DATA

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

RETENTION OF YOUR PERSONAL DATA

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

DISCLOSURE OF YOUR PERSONAL DATA

BUSINESS TRANSACTIONS

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

LAW ENFORCEMENT

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

OTHER LEGAL REQUIREMENTS

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

SECURITY OF YOUR PERSONAL DATA

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

CALIFORNIA CONSUMER PRIVACY RIGHTS

This section provides additional details about the personal information we collect from California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For details about the personal information we have collected over the last 12 months, including the categories of sources, please refer to this Privacy Policy. We collect this information for the purposes described in this Privacy Policy. We share this information with the categories of third parties described in information sharing. Fempress does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). 

Subject to applicable law, you have certain choices regarding your personal information, as described below.

Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

Deletion: You have the right to request that we delete certain personal information we have collected from you.

Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.

Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

To submit a request, please email info@fempressfit.com

If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. To request this Statement in an alternative format, please contact info@fempressfit.com

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CLASSROOM POLICIES AND SAFETY RULES

• Our environment is safe, supportive, and nourishing. Please refrain from making any negative comments, or exhibiting any negative attitudes towards yourself, or other students. We hope that all students will openly encourage and compliment each other. Negative words or behavior will not be tolerated in our space.

• No pictures or videos may be taken in classes without instructor and participant permission. If any students agree to be photographed, or recorded by another student or visitor, such agreement is solely at their own discretion and risk. Fempress is not responsible for where those pictures or videos end up.

• Cell phones are allowed, but please step out of the classroom to make, or receive calls during class.

• Please abstain from loud, disruptive behavior such as loud laughing, excessive talking, or general goofing-off during our classes; as these behaviors can interfere with student learning.

• No refunds or credits will be issued to students who drop out of class at any time, or who miss any classes for any reason.

• We do not offer make-up classes.

• Students are expected to call the main number if they cannot attend class. Do NOT use text messaging to cancel a class or session. Email is only acceptable if canceling with 4 hours’ notice. A cancellation through our Mind and Body scheduling system is the only acceptable means of cancellation and should be done within 4 hours of the scheduled class time.

• Classes and prices are subject to change without notice.

• Each student gives Fempress the right and valid authorization to charge student’s credit card(s) for any fees incurred by Fempress due to student’s credit card being invalid, expiring, and/or for any charge backs. If student’s credit card expires and/or is invalid, student shall provide a valid credit card within 24 hours of Fempress’ request. Student is liable for any and all fees incurred by Fempress.

• We reserve the right to refuse service to anyone.

• Class Packs, Memberships, and Classes are non- transferable.

• We have implemented a new 4-hour cancellation policy: If you book a class, it is yours!

• You may cancel 4 hours beforehand. If you cancel, it will automatically go to the first person on the waiting list. If you cancel within the 4-hour period, you will lose your class credit. Please note: NO REFUNDS Class begins exactly on time so late-comers will not be permitted once class commences.

  Unlimited packages will be suspended for No-show and class cancellations ( limit 2) made in less than 4 hours before the scheduled class .

• Classes that end up with fewer than 2 students in attendance will be shortened by 15 minutes will be considered Open Practice time and will not include any additional curriculum. This Open Practice time will not include new material, moves, or instruction.

• No alcohol consumption is allowed before class. If you smell of alcohol, or are deemed to be acting erratically, you will be asked to sit the class out, or to leave, with no refund or credit given.

• No gum, candy, or other solid foods are allowed during class.

• Stay hydrated with frequent water intake before and after each class.

• Students will not come to class with oils or lotions applied to their skin; as this is a safety hazard to others sharing the equipment.

• Students shall not wear perfumes, or other types of scents to class; as other students may be allergic to these products.

• Students must remove all body jewelry on hands, wrists, feet, ankles, or midsection to avoid injury. Likewise, all piercings must be either removed, padded, or covered.

• Students will stop dancing at the first sign of fatigue, injury, or discomfort. Do not push yourself.

• These classes are not designed for pregnant women. You may not participate in classes if you are pregnant or trying to become pregnant. Please let us know immediately if you find out that you are pregnant.

• Students may not use the poles or other apparatus if an instructor is not in the room.

• Students will not attempt any moves that they have not been instructed on in Fempress classes.

• Students may not assist, or instruct other students about moves during class, or on Fempress premises.

• Students are responsible for notifying instructors of any injuries sustained during the week at the beginning of each class, and will immediately notify instructor of any injury or strain that may arise during class.

• Any students who have injuries or health conditions must obtain and submit a medical release form prior to starting, or continuing any class, activity, or program.

• Students MUST participate in the warm up activities at the beginning of each class.

• All valuables should either be left at home, locked in your car, or locked up in lockers—if available.

• All personal belongings must be kept out of the way when in the classroom—to avoid injury or mishap.

• Pole instructors and students aspiring to become instructors are welcome, but must disclose their status, and sign a non-compete contract.

• Any student who blatantly or repeatedly refuses to adhere to these policies will be asked to leave, will not be allowed to return, and will receive NO form of refund or credit.

COVID POLICY AND CLEANING 

Cleaning Protocols

Fempress will continue to maintain its high level of cleanliness. In addition, the studio will be cleaned before and after each class with rigorous cleaning protocols and EPA – registered disinfectants which are determined to be effective in killing the COVID-19 virus in less than one minute.

Modified Class Hours

Fempress will be modifying class times from 75 minutes to 60 minutes to accommodate cleaning protocols in between each class.

Prohibited Items

Students are not allowed to bring their own towels. Towels will be provided by Fempress and discarded between each class. Towels will be cleaned on a daily basis.

Sanitation

Students will be provided with hand sanitizer prior to each class and prior to entering the studio. The hand sanitizer kills up to 99.9% of germs and includes at least 60% ethyl alcohol. Students are also encouraged to bring their own hand sanitizer.

Students are required to use disinfectant wipes and/or sanitizer on poles and lyras before and after use in addition to Fempress’ cleaning protocols.

Health Check

Students are required to complete a COVID-19 waiver and release in the Fempress Fit App prior to attending class. In addition, students are required to have their temperature taken prior to entering the studio. Per CDC guidelines, students with a body temperature greater than 100.4 degrees, or local guidelines, will not be permitted entry into the club.

Students shall alert the studio if they test positive for COVID-19 within 14 days of their last visit to the studio. Fempress will notify any potentially exposed students if there is a confirmed case.

Students must wear a face covering when entering the building and the studio.

If students travel outside of Chicago, students shall be required to self-quarantine for 14 days in accordance with local health mandates.

CONTACT US

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@fempressfit.com