E-SIGN CONSENT

GYMDESK E-SIGN CONSENT

Last updated: July 21, 2023

Martial Arts on Rails LLC d.b.a Gymdesk and its affiliates and third party service providers (hereafter, “Gymdesk”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services (as such term is defined in the Gymdesk Terms of Service, the terms of which are hereby incorporated as if fully recited herein). Your agreement to this E-Sign Consent confirms your ability and consent to receive Communications electronically from Gymdesk, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.

Electronic Delivery of Communications and Use of Electronic Signatures

Under this Consent, Gymdesk may provide all Communications electronically by email, by text message, or by making them accessible via Gymdesk websites or applications. Communications may include, but shall not be limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the Gymdesk Privacy Policy, and the Gymdesk User Agreement), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements and history. We may also use electronic signatures and obtain them from you.

Electronic Delivery of Communications and Use of Electronic Signatures by parties that are not Gymdesk (i.e., Third Party Users and Third Party Recipients)

Various persons and entities that are separate and apart from Gymdesk utilize the Services (including without limitation various persons and parties within the “Gym, Health & Fitness Clubs Industry” and any related industries such as martial arts schools which are collectively referred to as the “Third Party Users”) in order to deliver Communications to various parties, including but not limited to their representatives, vendors, agents, clients, and customers (collectively, “Third Party Recipients”). In the event that the Communications are between Third Party Users and Third Party Recipients, the below subject headings entitled “Paper Delivery Of Communications”, “Withdrawal of Consent to Electronic communications”, “Updating Your Email address” shall NOT apply, EXCEPT THAT all such Third Party Recipients hereby consent to receipt of Communications from Third Party Users, which may include, but shall not be limited to, (1) agreements and policies of the Third Party Users, (2) payment authorizations and transaction receipts or confirmations related to the Third Party Users, and (3) account statements and history related to the Third Party Users. Furthermore, all Third Party Users and Third Party Recipients hereby affirm and agree that but for the foregoing sentence, any terms and conditions governing Communications between Third Party Users and Third Party Recipients are strictly governed by the policies of the applicable Third Party Users.

Third Recipient Consent to Electronic Signature. You understand and agree that to the extent you utilize the Services to facilitate electronic signatures of various documents by “Third-Party Recipients” (as such term is defined in the E-SIGN CONSENT), Gymdesk is not guaranteeing the legality, enforceability, or binding nature of any such electronic signatures. In addition, you understand and agree that best practices dictate that to the extent you seek binding electronic signatures from any such Third Party Recipients, that your OWN terms and conditions for such Third Party Recipients provide a clear and concise statement of such Third Party Recipient’s consent to the use and deployment of any such electronic signatures, which may take the form of the following (it being understood that the following consent language is provided for example and informational purposes only and that Gymdesk is NOT providing any legal advice and that you understand and agree that it is your duty to have your own legal advisors review and/or modify such language):

“By selecting the form submit button, I agree that the signature and initials will be the electronic representation of my signature and initials for all purposes when I (or my agent) use them on documents, including legally binding contracts - just the same as a pen-and-paper signature or initial and in connection with the foregoing, I acknowledge, have read, and hereby agree to the terms set forth in the Martial Arts on Rails LLC d.b.a Gymdesk E-SIGN CONSENT, including the heading entitled Electronic Delivery of Communications and Use of Electronic Signatures (i.e., Third Party Users and Third Party Recipients).”

System Requirements

To access and retain the electronic Communications, you will need the following:

  • A computer or mobile device with Internet or mobile connectivity.
  • For desktop website-based Communications:
    • Recent web browser that includes 256-bit encryption;
    • The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and
    • Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version).
  • For application-based Communications:
    • A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
    • The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
  • Access to the email address used to create an account for Gymdesk Services.
  • Sufficient storage space to save Communications and/or a printer to print them.
  • If you use a spam filter that Gymdesk or re-routes emails from senders not listed in your email address book, you must add support@gymdesk.com to your email address book.

Paper Delivery of Communications

You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to Martial Arts on Rails LLC d.b.a Gymdesk, Gymdesk, 9901 Brodie Lane Ste 160 #1150 Austin, TX 78748, Attn: Customer Support - Legal (“Gymdesk Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications.

Withdrawal of Consent to Electronic Communications

You may withdraw your consent to receive electronic Communications at any time, by writing to the Gymdesk Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and Gymdesk will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).

Updating Your Email Address

You can change your email address by writing to the Gymdesk Address. You may also be able to change your email address yourself through the Services.