Thank you for visiting www.Milehighrunclub.Com (the “site“). Please review these terms of service (the “terms” or “agreement”) carefully before using the site. The site is owned and operated by mile high run club llc (“mile high”, “we”, or “us”). This agreement sets forth the terms and conditions under which you may use and access this site or any services available through the site (the “services”) and applicable to any websites, mobile applications, and/or goods or services offered by mile high and its current and future affiliates, subsidiaries, successors, assigns. This agreement incorporates our privacy policy.

Please review this agreement carefully. By accessing this site and/or by checking the box on any of the pages whereby you register for any services, including registering for or purchasing mile high classes online, you are signifying your acceptance of, and hereby agree to the terms of this agreement. If you do not agree to these terms, you should refrain from viewing or using this site.

Each time you access this site, you are reaffirming your agreement to comply with the terms and conditions set forth in this agreement. If you do not agree with such terms and conditions, or do not have legal authority to bind the legal entity as provided above, you are not authorized to use this site.

Mile high reserves the right to revise this agreement at any time and upon such revisions will revise the last updated date at the bottom of this agreement. Therefore, you should read this agreement prior to each use of the site and should check the “last updated” date to ensure familiarity with the terms of this agreement. You may print a copy of this agreement for reference.

By this Agreement, you agree to give up (i) the right to sue for any injury or damages sustained through participating in any Mile High Run Club LLC activities and utilizing this Site, and (ii) other rights described more fully below.

You acknowledge that participation in Mile High Run Club LLC (the “Company”) classes, organized group runs, individual instruction, races, events, whether indoors or outdoors, and use of equipment at any of the Facilities (collectively, the “Activities”), is potentially hazardous, which could cause or otherwise lead to injury or death. You further acknowledge that the Activities require physical exertion, which may be strenuous, and you may be subject to, among other things, falls, contact with other participants, running and exercise related injuries, the effects of the weather, including high heat and/or humidity, wind, cold, wet or icy surfaces, falling tree branches or other overhead objects, traffic and the conditions of the road, failure of equipment, and any other risks, known and unknown and appreciated by me in connection with the Activities or at any facility where Activities take place (the “Facilities”, and each, a “Facility”).

In consideration of being allowed to participate and access the Company’s classes, any of the Activities and/or entering the Facilities, and utilizing this Site, in addition to the payment of any fee or charge, you fully, expressly and voluntarily on behalf of myself, heirs, executors, successors and assigns:

• (1) agree that it is your responsibility to consult with a physician regarding participation in the Activities prior to participation. You hereby confirm that you are in good health and have no disabilities, impairment, injury, disease or ailment preventing you from engaging in active exercise, strenuous physical activity and any of the Activities;
• (2) understand the risks from participating in the Activities or entering the Facilities and agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Activities and the Facilities; if you observe any unusual significant hazard during by presence in any Facility in participating in any of the Activities, you will remove yourself from participation and will promptly bring such conditions to the attention of an instructor or other representative of the Company;
• (3) waive, release and forever discharge the Company, its officers, agents, members, owners, instructors, representatives, insurers, sponsors and advertisers (collectively, the “Releasees”) from any and all responsibility, claims, rights, damages, causes of action and/or liability from injuries or damages, whether from the negligence of the Releasees or otherwise, to your person or property resulting from your participation in the Activities and/or use of, or entry into, the Facilities, and use of the Site;
• (4) agree to indemnify and hold the Releasees harmless against any and all claims, costs, demands, damages, rights of action, causes of action of any person or entity that may arise from injuries or damages sustained by you in connection with the Activities, the use of the Facilities, and use of this Site;
• (5) agree to comply with all rules established by the Company regarding the Activities, Facilities and this Site, and acknowledge that the Company and any of its employees, instructors or other authorized persons may deny or suspend your participation in any Activity or bar you from any Facility for any reason whatsoever;
• (6) agree that none of the Releasees are liable or responsible in any way for any personal item or other property that is damaged, lost or stolen at any of the Facilities or at any of the Activities;
• (7) agree that your acceptance of the terms herein apply to each time you participate in any of the Activities, enter a Facility and use this Site;
• (8) are eighteen (18) years of age or above; and
• (9) grant the Company, its representatives and agents the right to use any photographs, motion pictures, recordings, or any other record of your participation in the Activities for its record keeping, social media pages, and public relations efforts without remuneration.

YOU AGREE THAT YOU HAVE READ AND ACCEPT THIS LIABILITY WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Your privacy is important to us. This policy explains how we use your data and how we protect your privacy when you use our website and contact us by phone and email, as well as explaining our use of CCTV. As our services develop we will continue to update and review this policy to comply with both the law and customer feedback.

Mile High Run Club understands the importance of your privacy, and we want you to be as comfortable as possible visiting our site and using our services. This privacy policy governs the manner in which Mile High Run Club collects, uses, maintains and discloses information collected from users of milehighrunclub.com. This privacy policy applies to the website, mobile app, and all products and services offered by Mile High Run Club. We hope this will help you make an informed decision about sharing personal information with us. Please read this privacy policy before using the site, the mobile app, or submitting any personal information. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

What is personal data?

Personal data is data related to a living individual who can be identified from that data. This can also include special categories of personal data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and genetic data, biometric data, health data and data concerning a person’s sex life or sexual orientation) and personal data relating to criminal convictions and offenses.

Who is responsible for the processing of your personal data?

The Mile High Run Club entity responsible for the processing of your personal data will depend on how you interact with Mile High Run Club (whether via our website or mobile app or other communications channels, or at our physical sites: Mile High Run Club NoHo, Mile High Run Club NoMad, Mile High Run Club UES). The relevant Mile High Run Club entity is referred to as “Mile High Run Club”, “our”, “we” or “us” in this privacy policy.

Our Website

We may collect personal identification information in a variety of ways, including, but not limited to, when users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our website. Users may be asked for, as appropriate:

• Name

• Email address

• Mailing address

• Telephone number

• Credit card information

• Emergency contact information

Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, but this may prevent them from engaging in certain website related activities.

We may also collect non-personal identification information about users whenever they interact with our website. Non-personal identification information may include the browser name, the type of computer and technical information about users’ means of connection to our website, such as the operating system and the internet service providers utilized and other similar information.

Where we do collect your personal data, this information is required for us to validate who you are, to deal with your queries effectively and to ensure that we can monitor usage of our sites as you sign up for classes.

If you register to attend one of our classes, we will also collect information relating to your health status and any physical impairments that may impact how you can use our services. This is to ensure that we take your health record into account and can enable you to consider whether it is safe for you to attend our classes.

Contacting us by telephone and email

Contacting us by telephone

We do not record telephone conversations or calls that you make to us. During calls, we may however collect the following information:

• Name

• Contact details

• Your Mile High Run Club account email address

• Payment information

We process this information because it is necessary for the performance of our transaction with you, and to enable us to deliver services to you which you have requested and/or resolve any queries that you might raise when you call.

Contacting us by email

Our email correspondence may be kept as a record of your contact with us, and to enable us to respond to any queries that you may have.

CCTV

CCTV is installed at some of our sites, to monitor building security and assist in crime prevention and detection.

We operate our CCTV in accordance with the guidance issued by the local data protection authority. Mile High Run Club collects this data as part of its role as a service provider to you, and to ensure the health and safety of our staff and visitors to our sites.

We will not hold images for longer than necessary and will dispose of them securely.

How and why we use your information

We collect and process personal information about visitors to our website, clients, customers and users of/visitors to our sites. We do this in order to deliver services to you, deliver merchandise to you when you make a purchase, process payments that you make to Mile High Run Club and learn how to offer you a better product.

We may collect and use your personal information for the following purposes, all of which is for our legitimate interest of delivering services and products to you:

• To improve customer service – Information you provide helps us respond to your customer service requests and support your needs more efficiently.

• To personalize the user experience – We may use information in the aggregate to understand how our users as a group use the services and resources provided on our website.

• To improve our website – We may use feedback you provide to improve our products and services.

• To process payments – We may use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

• To run a promotion, contest, survey or other feature – To send users information which is relevant to services that they have purchased from us.

• To send periodic emails – We may use the email address to send users information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. We may also send emails to users that may include company news, updates, related product or service information, sales and promotions, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 13.

Cookies

Our website may use “cookies” to enhance user experience. Users’ web browsers place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the website may not function properly or optimally.To find out more about cookies, you can visit: www.allaboutcookies.org. Links to Third-Party Sites and Social Media

We may include links to third-party sites. Mile High Run Club does not control these third-party sites, and we encourage you to read the privacy policy of every site you visit.

Social Networks and Third-Party Plug-ins

Our website may include plugins from social networks or other third parties. An example of a plugin is the Facebook “Like” button. Where legally permitted, these plugins may communicate with and send information to the party that provided the plugin, even if you do not click on the plugin. This information may include your IP address, information about your browser and device, and the address of the web page you are visiting on our site. Loading, using or clicking the plugins may also place, read and transmit cookies. These cookies may contain a unique identifier the social network or third party assigns to you. The loading, functionality and your use of the plugins are governed by the privacy policy and terms of the party that provided the plugin

Who we share with?

Like virtually every company, we do use third party companies to provide some parts of our service, so when you are making payments for example, you will need to give your payment details to our payments provider. Rest assured the people we work with are trusted by millions and have excellent safeguards themselves.

We may also have to disclose your personal details if required by law.

If we do share your information with other organizations, we will have sharing protocols in place to ensure the organization’s compliance with local data protection laws.

We will not use your personal information for third party marketing purposes without your prior express consent.

We do not sell, trade, or rent users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information (i.e. in an anonymized form) regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Please note that the privacy practices set forth in this privacy policy are for this website only. If you navigate to other websites, please review the privacy policies posted at those sites.

How we store information?

We take our data protection responsibility very seriously and adopt and maintain high standards in respect of handling personal information. Your personal information will only be collected if it is necessary and proportionate to do so.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website.

Sensitive and private data exchanged between our website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

With regard to disposal of your information, we will not hold your information for longer than we need to and when we dispose of it we will destroy paper and electronic copies in a secure way.

Your Rights

If you wish to see a copy of the personal data we hold about you then you can ask us at any time and we will respond within the time periods detailed in local data protection laws.

Under certain circumstances, you also have the right to:

• Right to access – You are entitled to access the personal data that we handle. You are also entitled to receive certain information about what we do with the personal data. Such information is provided in this document.

• Right to rectification – Under certain circumstances, you are entitled to correct inaccurate personal data concerning you and to have incomplete personal data completed. Please note that we might not be able to correct inaccurate personal data provided by you.

• Right to erasure – Under certain circumstances, you are entitled to have your personal data erased. This is the so-called “right to be forgotten”.

• Right to restriction of processing – Under certain circumstances, you are entitled to restrict how we use your personal data.

• Right to data portability – You are entitled to receive your personal data (or have your personal data directly transmitted to another data controller) in a structured, commonly used and machine-readable format from us.

Where we process your personal information because we have your consent to do so you may withdraw your consent at any time.

You can make a request in relation to any of the rights set out here by contacting Mile High Run Club and using the contact details in the “Who is responsible for the processing of your personal data?” section above. Alternatively, you can contact us using the details set out in the “Contacting us” section below.

Finally, you also have the right to lodge a complaint with the applicable data protection supervisory authority.

Changes to this Privacy Policy

Mile High Run Club has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

• (1) You may reserve classes online up to two weeks in advance but not later than one hour prior to class times.
• (2) All classes and training programs are non-transferable and non-refundable (except as described in (iii) immediately below).
• (3) Reservations must be cancelled 6 hours before the scheduled class in order to avoid a 100% cancellation fee or refund, as applicable. Cancellations may be made online by logging into your Account, by e-mailing us at info@milehighrunclub.com or over the phone by calling 212 466-6472 and speaking with a representative at the Mile High Run Club studio.
• (4) You must be physically present at the class location five (5) minutes before the class you are registered for starts, otherwise you will not be let in. This is for your safety as our coaches provide a 5 minute warm up at the start of every class. Additionally, late arrivals dilute the experience for runners who arrived and were in the class on time.

Classes purchased directly from www.milehighrunclub.com expire on date noted upon class purchase/first use.

• (1) You must use the specific treadmill you reserved online. However, We may require you to use another treadmill during the applicable class.
• (2) We are not responsible for any lost or stolen articles.
• (3) Towels are required during classes at our studio. We provide towels for classes at the studio. Please place used towels in towel bins after your training session.
• (4) Do not leave any items (trash, used towels, empty water bottles, personal items etc.) on the treadmill after class. Please dispose of all trash in the receptacles located throughout the studio.
• (5) Do not place any open liquid containers on any part of the treadmill. The use of water bottles with closable tops is acceptable, and must be closed when not drinking from such bottles.
• (6) Bath towels are available and are provided ONLY at the front desk .

• (1) All injuries or other physical issues that may impair, or cause you further injury, must be reported to the instructor prior to each class.
• (2) Consult with your physician before beginning any exercise program, especially if any of the following pertain to you: history of heart disease, high blood pressure, diabetes, chronic respiratory disease, elevated cholesterol, smoke cigarettes, or experience any other chronic disease or physical impairments.
• (3) Pregnant women should consult their physician before beginning an exercise program.
• (4) If you experience dizziness, chest pains, nausea or any other abnormal symptoms while utilizing the treadmill, stop immediately and advise your instructor.
• (5) Always use the emergency safety lanyard supplied with the treadmill. It can be clipped to an article of clothing while exercising. This is for your safety in case an emergency arises.
• (6) Always press the stop button to end training session. Stop the treadmill completely before getting off.
• (7) Keep all loose clothing and towels away from the treadmill running surface. It is also important that shoelaces do not extend past the bottom of the sole of the shoe.
• (8) Do not operate heart rate monitor transmitter in conjunction with an electrical heart pacemaker.
• (9) Use common sense – if you are not able to keep up with the regimen in the class, go at a pace in which you are able to participate, or if you otherwise feel uncomfortable physically – inform the instructor if you are having any issues.

In order to access some features of the Site, you may be asked to register an account with Mile High (an “Account”), which may include providing personal information. You may never use another person's Account for you to register for classes or other Services for yourself. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. Please note, We may suspend or terminate your Account for any reason at any time.

The content on the Site, including, but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein, including, but not limited to Mile High Run Club ("Marks") and Mile High’s training programs, methods and classes developed by Mile High, including, but not limited to, the programs named “The Dash 28", "Dash Flow", "Dash Core", "High 45", and “The Distance”, are proprietary to, and owned by, Mile High (the“Methods”, and collectively with the Content and the Marks, the “Intellectual Property”), are owned by, or licensed to, Mile High and are protected by applicable law. Nothing contained in this Agreement should be understood as granting you a license to use any such Intellectual Property Content on the Site is provided to you as is for informational purposes and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mile High or the owners of licensed intellectual property, as applicable. Mile High reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Mile High.

You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

This Agreement shall be governed in all respects by the substantive laws of the State of New York without regard for conflict of law principles and any cause of action shall only be brought in a court of competent jurisdiction within and/or servicing New York County, New York. Each Party hereby expressly consents to, submits to and acknowledges the personal jurisdiction of the federal and state courts within and/or servicing New York County, New York in connection with this Agreement.

Mile High reserves the right to suspend or revoke your access to the Site and any Services at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Notwithstanding the suspension, revocation or termination of your access to the Site or Services, your responsibilities hereunder and consents shall continue to be in full force and effect and not be terminated, including, but not limited to, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Mile High classes via your mobile phone, (ii) the ability to receive and reply to Mile High messages, (iii) the ability to browse the Site from your mobile phone and (iv) the ability to access certain of the Sites features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Mile High and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Our Site may contain links to third-party sites that are not owned or controlled by Mile High. Accordingly, Mile High has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

While individuals between the ages of 14 and 18 may participate in classes and certain other Services, as applicable, they may not purchase any class or other Service unless such minor's parent or legal guardian consents in writing to the purchase, the minor's participation in the classes, and the liability waiver. Accordingly, please contact us at info@milehighrunclub.com to coordinate the purchase and participation of a minor in classes and other Services, and the parent or legal guardian's written consent. All purchases by minors without the foregoing consents are null and void.

You expressly acknowledge and agree that use of the content and use of the services received through this site are at user’s sole discretion and risk. The content and services are provided on an “as is,” “where is,” and “as available” basis. Mile high expressly disclaims to the user all warranties and representations of any kind, whether express or implied, oral or written, including, but not limited to the implied warranties of merchantability, reasonable care, security, quality, timeliness, availability, completeness, reliability, accuracy, fitness for a particular purpose, title and/or non-infringement, in respect of the site and/or the services we make no warranty that the content and services will meet user’s requirements, or that access to the site, services, and the content will be uninterrupted, timely, secure, virus free or error free.

In no event shall mile high or any of its related persons be liable for any damages, whether direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from the use or the inability to use the site, messages received or transactions entered into through the site or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible proper

In addition to the indemnification obligations described in the section titled “RISKS OF PARTICIPATION; LIABILITY WAIVER FOR ACTIVITIES”, you agree to defend, indemnify and hold harmless Mile High and the other Releasees from and against any and all claims demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) assessed or incurred by Mile High, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms of Service; (ii) your breach of your obligations under these Terms of Service; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

This Agreement constitutes the entire agreement between Mile High and you with respect to your use of the Site and use of the Services, including purchasing and participating in classes, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. These Terms of Service, together with our Privacy Policy, and any other legal notices published by Mile High on the Site, shall constitute the entire agreement between you and Mile High concerning the Site and, purchases and use of Services through the Site, as applicable. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mile High’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Mile High to another entity. You may not assign, transfer or sublicense this Agreement to any third party individual or entity, and any attempt to do so in violation of this section shall be null and void

If you have any questions about these Terms of Service, the practices of Mile High or its Services or this Site, or if you see anything on the Site that you think is inappropriate, please let us know by email or by sending your comments or requests to:

• Mile High Run Club, LLC
• 28 East 4th Street
• New York, NY 10003
• Attn: Website Manager
• 212 466-6472
• info@milehighrunclub.com

These Terms of Service have been last updated and effective as of January 1, 2020.