Member Agreement, Consent & Privacy Policy

Introduction and Acceptance

This Member Agreement, Consent & Privacy Policy (this "Agreement") is a binding agreement between you and WITFL Holdings, Inc. and its affiliates, including the World Indoor Track & Field League and the TrackFIT program (together, "TrackFIT," "we," "us" or "our"). It applies to your creation and use of a free TrackFIT member account and your access to the TrackFIT member platform, websites, dashboards, rankings, event listings, and TrackFIT TV content (together, the "Services").

By creating an account, checking the required acceptance box, completing verification, or otherwise using the Services, you agree to this Agreement in full. This Agreement includes the consent, privacy, media-release, and dispute-resolution terms below. Please read it carefully and keep a copy for your records.

Definitions

Account Holder means the individual who creates and controls a TrackFIT member account.

Member means any individual with a TrackFIT account, including an athlete, parent, coach, fan, or sponsor.

Athlete means a member whose participation, performance, results, or profile is recorded in the Services.

Minor means any individual under the age of eighteen (18), or any individual who is treated as a minor under the law of the individual's place of residence.

Parent or Guardian means a person with legal authority to consent on behalf of a Minor.

Member Content means information, images, selections, and preferences a member submits to the Services.

Performance Data means information described in Section 7, including movement, motion-signature, timing, and performance measurements produced through TrackFIT technology.

Eligibility and Account Creation

A TrackFIT member account is free to create. To create an account, you must provide accurate account information, including name, email address, date of birth, and state of residence, and you must select a member role.

You must be at least thirteen (13) years of age to create your own account. If you are between the ages of thirteen and seventeen, you may only hold an account with the consent of a Parent or Guardian, and by creating an account you represent that such consent has been obtained. TrackFIT does not knowingly permit children under the age of thirteen to create accounts.

You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your login credentials, and for all activity that occurs under your account. You agree to notify TrackFIT promptly of any unauthorized use of your account.

Parent/Guardian Consent for Minors

This Section applies whenever an account is created for, held by, or used to record the participation of a Minor. If you are the Parent or Guardian creating or authorizing the account, you represent and warrant that you are the parent or legal guardian of the Minor and that you have full authority to provide the consents in this Agreement on the Minor's behalf.

By accepting this Agreement, the Parent or Guardian consents to:

• The creation and maintenance of a TrackFIT member account associated with the Minor.
• TrackFIT's collection, use, storage and processing of the Minor's account information as described in this Agreement.
• The collection and use of the Minor's Performance Data if the Minor participates in a TrackFIT-powered event.
• The capture and use of the Minor's image, likeness and video as described in Section 10, subject to the privacy controls described in this Agreement.
• The display of permitted public information, such as rankings, consistent with Sections 9 and 12.

A Parent or Guardian may review the Minor's information, request correction or deletion, withdraw consent, or close the Minor's account at any time by contacting TrackFIT as described in Section 29. Withdrawal of consent will end further collection of the Minor's information and, at the Parent or Guardian's request, will result in deletion of the Minor's information except where retention is required by law or for the limited purposes described in Section 13.

The Parent or Guardian assumes responsibility for the Minor's use of the Services and agrees to the assumption of risk, release, and indemnification provisions of this Agreement on the Minor's behalf, to the fullest extent permitted by law.

Children's Privacy (COPPA)

TrackFIT complies with the Children's Online Privacy Protection Act (COPPA) and related regulations. TrackFIT does not knowingly collect personal information from children under the age of thirteen without verifiable parental consent, and the Services are not directed to children under thirteen for the purpose of independent account creation.

Where a Minor between thirteen and seventeen participates, the collection of that Minor's information is conditioned on the Parent or Guardian consent described in Section 4. A Parent or Guardian may at any time refuse to permit further collection or use of the Minor's information and may request its deletion.

If TrackFIT learns that it has collected personal information from a child under thirteen without the required verifiable parental consent, TrackFIT will take reasonable steps to delete that information promptly. If you believe a child under thirteen has provided information to TrackFIT, contact us using the information in Section 29.

Information We Collect

TrackFIT collects the following categories of information:

Account Information

Name, email address, date of birth, state of residence, member role, and, where provided, city, organization or school, and profile details.

Member Content

Profile photos, preferences, role selections, followed athletes or teams, and other information you choose to add to your account.

Event and Participation Information

Registrations, attendance, event history, and related records when you register for or participate in a TrackFIT event.

Performance Data

The movement, motion-signature and performance measurements described in Section 7.

Technical Information

Device, browser, IP address, and usage information collected automatically through cookies and similar technologies to operate and secure the Services.

Communications

Messages, support requests, and your contact and communication preferences.

Performance, Motion and Biometric-Derived Data

When an athlete participates in an event powered by TrackFIT 3D Intelligence™, TrackFIT captures and generates information about how the athlete moves and performs. This may include video and image capture of movement, timing and measurement data, markerless motion analysis, and the movement-signature output referred to as Motion DNA™ Signature Tracking, together with derived scores, reports and rankings ("Performance Data").

Performance Data is generated by TrackFIT technology from observation of athletic movement. Depending on how it is used and the law of your jurisdiction, certain elements of Performance Data may be considered biometric or biometric-derived information. Where such laws apply, TrackFIT collects, uses and retains this information only for the purposes described in this Agreement, including producing athlete reports, scores and rankings, operating and improving the Services, and supporting the athlete's development, and TrackFIT does not sell this information.

By accepting this Agreement, and where the athlete is a Minor by the Parent or Guardian accepting on the Minor's behalf, you consent to the capture, generation, use, storage and retention of Performance Data as described here. You may request deletion of Performance Data as described in Section 14, subject to the limited retention permitted by Section 13. TrackFIT retains all right, title and interest in the TrackFIT technology, methods, models and systems used to generate Performance Data, as described in Section 18.

How We Use Information

TrackFIT uses information to:

• Create, operate, secure and support member accounts and dashboards.
• Register members for events and manage participation.
• Generate athlete reports, scores, rankings and Performance Data.
• Personalize the member experience by role.
• Produce and deliver TrackFIT TV and related content, subject to Section 10.
• Communicate with members about accounts, events and opportunities.
• Maintain safety, prevent fraud and enforce this Agreement.
• Improve, develop and analyze the Services.
• Comply with legal obligations.

TrackFIT does not sell members' personal information, and does not sell the personal information of Minors.

Rankings and Public Display

TrackFIT operates rankings that may be visible to other members and, in some cases, to the public. Rankings are designed to present performance-based standing. Certain athlete information, such as public ranking position and a public name or display name, may appear in rankings and related displays.

Private reports, detailed Performance Data, contact details and protected information are not part of public rankings and are governed by the permission rules in Section 12. A member, or the Parent or Guardian of a Minor, may request adjustments to the public display of the athlete's information as described in Section 14, subject to the operational requirements of the rankings system.

Image, Video and Media Release

TrackFIT events, demonstrations and content production may involve the capture of photographs, video and audio that include members and athletes. By accepting this Agreement, and where the member is a Minor by the Parent or Guardian accepting on the Minor's behalf, you grant TrackFIT a non-exclusive, worldwide, royalty-free license to capture, record, reproduce, edit, publish and use such images, video, audio, name, likeness and performance for purposes of operating the Services, producing TrackFIT TV and related media, and promoting TrackFIT events, rankings and programs.

This media license does not require additional compensation. It does not transfer ownership of your identity to TrackFIT, and it does not authorize a use that is defamatory or unlawful. You may request that TrackFIT cease future use of newly created media featuring you, or the Minor, by contacting TrackFIT as described in Section 29; TrackFIT will make reasonable efforts to honor such requests on a going-forward basis, though previously published or distributed media may continue to exist.

Where a specific event requires a separate, event-level media release or waiver, that document will control for that event to the extent it conflicts with this Section.

How Information Is Shared

TrackFIT shares information only as described below:

• Service Providers. With vendors that host, process, secure or support the Services under obligations of confidentiality.
• Events and Hosts. With authorized event operators as necessary to conduct an event in which a member participates.
• Authorized Accounts. With coaches, parents or other accounts a member or a Minor's Parent or Guardian has authorized, consistent with Section 12.
• Public Rankings. As permitted public information under Section 9.
• Legal and Safety. When required by law, legal process, or to protect the rights, property or safety of members or others.
• Business Transfers. In connection with a merger, financing, acquisition or similar transaction, subject to this Agreement's protections.

TrackFIT does not sell members' personal information and does not share the personal information of Minors for third-party advertising.

Dashboards, Roles and Permissions

The Services present information through role-based dashboards. The information a member can see depends on the member's role and on the permissions and relationships connected to the account.

Public rankings and public profile information may be visible to members and followers. Full athlete reports, detailed Performance Data, Motion DNA history, contact details and other protected information are visible only to the athlete and to accounts the athlete, or the Parent or Guardian of a Minor, has expressly authorized. TrackFIT administration may access information as necessary to operate the Services, provide support, ensure safety and comply with law.

The connection of a coach, parent or other account to an athlete does not by itself grant access to protected information unless the required permission has been granted. A member or a Minor's Parent or Guardian may modify or revoke permissions as described in Section 14.

Data Storage, Retention and Security

TrackFIT stores member and athlete information using its account platform and connected systems and applies reasonable administrative, technical and physical safeguards designed to protect information against unauthorized access, use or disclosure. No system is perfectly secure, and TrackFIT cannot guarantee absolute security.

TrackFIT retains information for as long as an account is active and as needed to provide the Services, and thereafter only as necessary to comply with legal obligations, resolve disputes, enforce agreements, maintain historical event and ranking records, and support safety. When information is deleted at a member's or Parent or Guardian's request, TrackFIT will remove or de-identify it except where limited retention is required for these purposes.

Information may be stored and processed in the United States. By using the Services, you understand that information may be handled in the United States under United States law.

Your Privacy Rights and Choices

Subject to applicable law, you may:

• Access and review the information in your account.
• Request correction of inaccurate information.
• Request deletion of your information or a Minor's information.
• Withdraw consent, including Parent or Guardian consent for a Minor.
• Adjust profile visibility and account permissions.
• Opt out of non-essential communications.
• Close your account or a Minor's account.

To exercise these choices, use your account settings where available or contact TrackFIT as described in Section 29. TrackFIT will respond consistent with applicable law. Some requests are subject to the limited retention described in Section 13, and closing an account may end access to the Services and associated information.

State Privacy Rights

Depending on your state of residence, you may have additional rights regarding your personal information, which may include the right to know or access the categories and specific pieces of personal information collected, the right to request correction or deletion, the right to opt out of certain processing, and the right not to receive discriminatory treatment for exercising these rights.

TrackFIT does not sell personal information and does not share personal information for cross-context behavioral advertising as those terms are defined under applicable state privacy laws. To exercise state privacy rights, contact TrackFIT as described in Section 29. TrackFIT may need to verify your identity, or a Parent or Guardian's authority, before fulfilling a request.

Account Roles and Free Membership

A TrackFIT member account is free to create and provides access to role-based member content, rankings, event listings and TrackFIT TV. Selecting a role, such as athlete, parent, coach, fan or sponsor, personalizes the content and tools a member sees and does not by itself create any paid obligation.

Certain features, programs, certifications, events or products may require separate registration, agreements or payment. Those separate terms will be presented at the time and will govern the applicable feature. A verified athlete profile, TrackFIT ID, reports and ranking history are created through participation in a TrackFIT-powered event and are not obtained solely by creating a free account.

Acceptable Use

You agree not to:

• Provide false information or impersonate another person.
• Create an account for a Minor without authority to do so.
• Access or attempt to access another member's protected information without authorization.
• Interfere with, disrupt or attempt to compromise the Services or their security.
• Copy, scrape, reverse engineer or misuse TrackFIT technology, rankings logic, reports or content.
• Use the Services for unlawful, harmful, harassing or infringing purposes.
• Misuse athlete information or protected information obtained through the Services.

TrackFIT may suspend or terminate accounts that violate this Section, as described in Section 28.

Intellectual Property

All TrackFIT systems, including TrackFIT 3D Intelligence™, Motion DNA™ Signature Tracking, TrackFIT Reports, rankings, scoring systems, methodologies, software, models, training materials, event systems, branding, media and related intellectual property, are and remain the exclusive property of TrackFIT and its related entities. This includes the patent-pending and patented technology underlying the Services.

Creating an account or using the Services does not grant you any ownership, license or right in TrackFIT's technology or intellectual property, other than a limited, revocable, non-transferable right to use the Services for their intended purpose. Member Content remains yours; by submitting it, you grant TrackFIT a license to use it as necessary to operate and provide the Services and, for images and media, as described in Section 10.

Third-Party Services

The Services rely on and may link to third-party platforms and providers, including the systems used to host the member platform, process account verification, deliver video content and send communications. Your use of those services may be subject to their own terms and privacy policies. TrackFIT is not responsible for the practices of third parties, and their inclusion does not imply endorsement.

Communications and Consent to Contact

By creating an account, you agree that TrackFIT may contact you regarding your account, security, events, and the Services, including by email. With your consent where required, TrackFIT may also send informational or promotional communications, which you may decline or unsubscribe from at any time.

Certain transactional communications, such as verification, security and essential account notices, are necessary to provide the Services and cannot be declined while you maintain an account. Where a Minor's account is involved, TrackFIT may direct certain communications to the Parent or Guardian.

Assumption of Risk

Athletic activity, event participation, training, measurement, demonstrations, travel and related activities involve inherent risks, including risk of injury. To the fullest extent permitted by law, you voluntarily assume the risks associated with participation in TrackFIT activities and events, and where the participant is a Minor, the Parent or Guardian assumes such risks on the Minor's behalf.

This assumption of risk is in addition to, and does not replace, any separate waiver, release or consent that TrackFIT or an event host may require for a specific event.

Disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, TrackFIT disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

TrackFIT does not warrant that the Services, rankings, reports or Performance Data will be uninterrupted, error-free, or that they will produce any particular athletic, recruiting, scholarship, competitive or other outcome. Rankings, scores and reports are informational and reflect the design and limits of the TrackFIT system.

Limitation of Liability

To the fullest extent permitted by law, TrackFIT and its owners, officers, directors, employees, contractors, affiliates and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to the Services or this Agreement, whether based in contract, tort or any other theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, TrackFIT's total aggregate liability arising out of or relating to the Services or this Agreement will not exceed one hundred U.S. dollars (US$100.00), given that member accounts are provided free of charge. Some jurisdictions do not allow certain limitations, and in those jurisdictions the limitations apply to the greatest extent permitted by law.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless TrackFIT and its owners, officers, directors, employees, contractors, affiliates and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your Member Content, your violation of this Agreement, or your violation of any law or the rights of another. Where the account involves a Minor, the Parent or Guardian accepts this obligation with respect to the Minor's use of the Services.

Dispute Resolution and Arbitration

Please read this Section carefully. It affects how disputes are resolved and may require individual arbitration.

Most concerns can be resolved informally. Before starting any formal proceeding, you agree to contact TrackFIT as described in Section 29 and to attempt to resolve the dispute in good faith for at least thirty (30) days.

Except for disputes that qualify for small-claims court and claims seeking injunctive relief for intellectual-property or misuse matters, any dispute arising out of or relating to this Agreement or the Services that is not resolved informally will be resolved by binding individual arbitration administered under established consumer arbitration rules, rather than in court, except where prohibited by law. The arbitration will take place in Clark County, Nevada, or another mutually agreed or legally required location, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. To the fullest extent permitted by law, disputes will be conducted only on an individual basis and not as a class, collective or representative action. Where a Minor is involved, this Section applies to the Parent or Guardian acting on the Minor's behalf, to the extent enforceable under applicable law.

Governing Law

This Agreement is governed by the laws of the State of Nevada, without regard to its conflict-of-law principles. Subject to Section 25, any legal action relating to this Agreement that is not subject to arbitration must be brought in a court of competent jurisdiction located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.

Changes to This Agreement

TrackFIT may update this Agreement from time to time. When it does, TrackFIT will revise the version and date shown above and, where appropriate, provide additional notice. Material changes affecting the treatment of a Minor's information or requiring new consent will be handled consistent with applicable law.

Your continued use of the Services after an update becomes effective constitutes acceptance of the revised Agreement. If you do not agree to an update, you may close your account.

Termination

You may close your account, or a Minor's account, at any time. It means, if you request account closure, TrackFIT will end your access to the Services and handle your information as described in Sections 13 and 14.

TrackFIT may suspend, restrict or terminate an account that violates this Agreement, creates a safety concern, misuses protected information or technology, or is required to be closed by law. Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and governing law, survive termination.

Contact

For questions about this Agreement, to exercise privacy rights, to withdraw consent, or to request access, correction or deletion of information, contact TrackFIT through the account and support channels provided in the Services, including the account support page and the contact options published on the TrackFIT websites at worlditfl.com and trackfit.tv.

A Parent or Guardian may use these same channels to review, correct, delete, or withdraw consent for a Minor's information, and TrackFIT may verify the Parent or Guardian's identity and authority before acting on such a request.

Electronic Records and Signature

You agree that TrackFIT may maintain the electronic record of your account creation, the required acceptance checkbox, the email associated with your account, the submission timestamp, and the version of this Agreement accepted, as your electronic record of acceptance.

You agree that your electronic acceptance is intended to have the same legal effect as a handwritten signature and that this Agreement, and other records relating to the Services, may be provided and maintained electronically. Where a Parent or Guardian accepts on behalf of a Minor, the Parent or Guardian represents that the Parent or Guardian is authorized to do so.

Final Acknowledgment

By creating a TrackFIT member account, checking the required acceptance box, and completing verification, you confirm that you have read, understood and voluntarily accepted this Member Agreement, Consent & Privacy Policy in full, including the consent, media-release, privacy, assumption-of-risk, limitation-of-liability, and dispute-resolution provisions. If you are accepting on behalf of a Minor, you confirm that you are the Parent or Guardian with authority to do so and that you accept this Agreement on the Minor's behalf.