WAIVER AND RELEASE OF LIABILITY

Fitset, Inc. (hereinafter called Fitset Ninja) located at: 8516 106a Ave NW, Edmonton, AB T5H 0S4 and 3691 19 St NE, Calgary, AB.

*Express assumption of risk: I, the undersigned, ("I", "Me" or "Participant") am aware that there are significant risks involved in all aspects of physical training and obstacle course use. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I assume full responsibility, on behalf of myself and any minor for which I am responsible (the "Minor"), for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, class or open gym session while at Fitset Ninja.

I, acknowledge that I have no physical impairments or illnesses that will endanger myself or others.

*RELEASE: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am, or Minor is, willingly and voluntarily participating in the activities available at Fitset Ninja or Fitset Ninja's mobile obstacle course, I, the undersigned hereby waives, releases and irrevocably discharges Fitset Ninja, their principals, officers, directors, agents, suppliers, landlords, employees, volunteers and any other representatives (collectively, the "Released Parties") from any and all liability, claims, demands, actions or rights of action, or losses, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the Released Parties.

*This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

*If I am signing on behalf of a minor child, I also give full permission for any person connected with Fitset Ninja to administer first aid deemed necessary for myself and/or the child, and in case of serious illness or injury, I give permission to call for medial and or surgical care for myself and/or the child and to transport myself and/or the child to a medical facility deemed necessary for the well-being of myself or the child. I represent and warrant that I have the authority to give such permission in respect of the Minor.

*I hereby grant Fitset Ninja, its assigns, licensees and legal representatives the irrevocable right to use my name or the Minor's name/photograph/image/audio recording/video recording/ and likeness ("My Image") in all forms and manner including but not limited to publication on Internet Web Sites, broadcasts and any other publications as released to or by Fitset Ninja. I understand that Fitset Ninja cannot control unauthorized use of My or Minor's Image by persons not associated with Fitset Ninja once My or Minor's Image has been published. I hereby forever waive any right to inspect or approve any publication of My or Minor's Image by Fitset Ninja. I also agree to receiving notifications, newsletters and other promotional information from Fitset Ninja and it's event sponsors, and understand that I can opt out at any time in the future.

*I have carefully reviewed and understand the above provisions and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this Waiver & Release.

INDEMNIFICATION: The Participant recognizes that there is risk involved in the types of activities offered by Fitset Ninja. Therefore, the Participant accepts financial responsibility for any injury that the Participant or the Minor may cause either to him/herself or to any other participant and/or Minor due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Fitset Ninja, the Released Parties from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional acts or omission while participating in activities offered by Fitset Ninja.

I have read and understand the foregoing assumption of risk, and release of liability and I understand that by signing this form I am waiving valuable legal rights.

FITSET NINJA
CODE OF CONDUCT WITH DISCIPLINARY PROCEDURES

"Participants" refers to: athletes, parents/guardians, coaches/staff, spectators, and volunteers

CODE OF CONDUCT
All Participants are required to:

a) Refrain from the following behaviour:
i. Bullying
a. Offensive behaviour and/or abusive treatment of a Participant that typically, but not always, involves an abuse of power. 'Bullying' includes spreading malicious rumours, gossip or innuendos with the intent of causing harm or suffering to a Participant; excluding or isolating a Participant socially with the intent of causing them harm or suffering; making offensive jokes or derogatory comments to a Participant or to others; yelling, verbally berating or using profanity; assigning unreasonable duties or workload which are unfavourable to a Participant; and cyber-bullying

ii. Discrimination
a. Differential treatment of an individual based on one or more prohibited grounds which include race, citizenship, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, or disability

iii. Harassment
a. A course of vexatious comment or conduct against a Participant or group, which is known or ought reasonably to be known to be unwelcome. Harassment includes written or verbal abuse, threats, or outbursts
b. Persistent unwelcome remarks, jokes, comments, innuendo, or taunts
c. Racial harassment, which is racial slurs, jokes, name calling, or insulting behaviour or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin
d. Leering or other suggestive or obscene gestures
e. Condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions
f. Practical jokes which endanger a person's safety, or may negatively affect performance
g. Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing
h. Deliberately excluding or socially isolating a person from a group or team
i. Persistent sexual flirtations, advances, requests, or invitations
j. Physical or sexual assault
k. Contributing to a poisoned sport environment

iv. Hazing
a. Any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking individual by a more senior individual, which does not contribute to either individual's positive development, but is required to be accepted as part of a team or group, regardless of the junior-ranking individual's willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member based on class, number of years with the group, or ability

b) Maintain and enhance the dignity and self-esteem of other Participants by:
i. Treating each other with fairness, honesty, respect and integrity;
ii. Focusing comments or criticism appropriately and avoiding public criticism of athletes, coaches, officials, organizers, volunteers, employees, or other Participants;
iii. Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct; and
iv. Ensuring adherence to the rules of the sport and the spirit of those rules.

c) Refrain from:
i. the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
ii. consuming alcohol, tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or events of FITSET NINJA
iii. intentionally causing property damage, including damage arising from the intentional misuse of equipment
iv. the inappropriate use of cameras, cell phones, tablets or any other recording device in change rooms or bathrooms
v. engaging in deliberate cheating which is intended to manipulate the outcome of a competition
vi. violating this Code outside of FITSET NINJA's events/facilities; especially while wearing FITSET NINJA apparel

In addition to the above, coaches, volunteers and staff are required to:
a) Avoid any behaviour that abuses the power imbalance inherent in their position
b) Prepare athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm athletes
c) Provide athletes (and the parents/guardians of minor athletes) with the information necessary to be involved in the decisions that affect the athlete
d) Under no circumstances provide, promote, or condone the use of drugs (other than properly prescribed medications) or prohibited substances or prohibited methods and, in the case of minors, alcohol, cannabis, and/or tobacco
e) Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the athlete
f) Dress professionally and use appropriate language
g) Adhere to their employment contract (when applicable) and the human resources policies of FITSET NINJA (when applicable)

In addition to the above, parents/guardians and spectators are required to:
a) Encourage athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
b) Never ridicule a Participant for making a mistake during a session or competition
c) Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm
d) Respect and show appreciation to all athletes, coaches, staff and volunteers

DISCIPLINE PROCEDURE
A Participant who violates the Code of Conduct may be subject to discipline. Participants can report potential violations of the Code of Conduct to the Fitset Ninja Management Team who will review the report and determine if sanctions should be applied. The Fitset Ninja Management Team will determine the discipline level at their discretion and may apply multiple sanctions. Multiple sanctions, over time, can lead to expulsion from FITSET NINJA.

DISCIPLINARY SANCTIONS MATRIX:
--------------------------------------------------------------------------------
ATHLETES:
- Level 1: a) review/read the Code | b) verbal apology
- Level 2: a) written apology | b) discussion with parents | c) removal from session
- Level 3: a) suspension | b) removal from future competition(s) | c) expulsion

COACHES, VOLUNTEERS, AND STAFF:
- Level 1: a) verbal apology | b) discussion with supervisor
- Level 2: a) written apology | b) written reprimand | c) removal from session
- Level 3: a) suspension | b) removal from position | c) dismissal for cause

PARENTS/GUARDIANS AND SPECTATORS:
- Level 1: a) verbal apology | b) discussion with staff
- Level 2: a) written apology | b) written reprimand | c) removal from session
- Level 3: a) suspension from attending future sessions/competitions | b) expulsion of athlete

Last updated September 26, 2025

This privacy notice for Fitset Inc. (doing business as Fitset Ninja) ("Fitset Ninja," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Visit our website at fitsetninja.com, or any website of ours that links to this privacy notice
Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at hello@fitsetninja.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Fitset Ninja and the Services, the choices you make, and the products and features you use. Click here to learn more.

Do we process any sensitive personal information? We do not process sensitive personal information.

Do you receive any information from third parties? We do not receive any information from third parties.

How do you process my information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Fitset Ninja does with any information we collect? Click here to review the notice in full.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
names
phone numbers
email addresses
mailing addresses
Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Squareup. You may find their privacy notice link(s) here: https://squareup.com/ca/en/legal/general/privacy-no-account.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.

To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below).
To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. Click here to learn more.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
For investigations and fraud detection and prevention
For business transactions provided certain conditions are met
If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
For identifying injured, ill, or deceased persons and communicating with next of kin
If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
If the collection is solely for journalistic, artistic, or literary purposes
If the information is publicly available and is specified by the regulations

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with are as follows:
Data Analytics Services
Payment Processors
We also may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your 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.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 1 year.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at hello@fitsetninja.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at hello@fitsetninja.com.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at hello@fitsetninja.com or by post to:

Fitset Inc.
11511 120 ST
Edmonton, Alberta T5G 2Y4
Canada

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.