PRIVACY POLICY

Effective Date/Last Updated:  September 17, 2025 

The Bay Clubs Company, LLC and PRO Medical PC (“Bay Club”, “we”, or “us”) respect your privacy. This Privacy Notice (“Notice”) describes the processing of Personal Information (defined below) that is provided, collected, or disclosed while providing our club or amenity services to you (“Services”) and on the websites, applications, and online platforms that link to this Notice (collectively, “Sites”), including when you apply for a job with us. It also describes rights you may have under applicable laws. Please read this Notice carefully to understand our policies and practices regarding your Personal Information and how we will treat it. 

Personal Information We Collect 

We collect several categories of Personal Information about our members and other users of our Sites and Services. “Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you. The categories of Personal Information we collect may include: 

• Identifiers, such as your full name, email address, mailing address, telephone number or credit card number, and if you are a guest or become a member, a photo identification.  

• Protected class and demographic information, such as age, sex, gender, disability, marital status, veteran status, race, and ethnicity. 

• Commercial information, such as information about purchases or quotes, information about membership or our Services you have shown interest in, and other commercial information. 

• Device information, consisting of information from devices you connect to or use with our Sites, including your mobile device, connected devices, and wired and wireless sensors. The information we receive from these devices may include IP address and similar unique device identifiers.  

• Internet or other electronic network activity information, such as browsing history, search history, device and browser information, and information about your interactions with and use of our Sites. 

• Geolocation data, such as from devices you connect to or use with our Sites, including your mobile device, connected devices, and wired and wireless sensors, such as through the use of geolocation features in the devices, or by inference from other information we collect (for example, your IP address may indicate the general geographic region from which you are connecting to the Internet). 

• Professional or employment-related information, such as your job title, employer, and income. 

• Inferences drawn from the Personal Information we collect about you to create a profile about you reflecting your preferences. 

• Sensitive information, including dietary restrictions, general health information and history, and physical activity restrictions.    
• Communication Information. We may collect Personal Information contained within your communications with us via email, chat functionality, social media, telephone, or otherwise, and in certain cases we may use third-party service providers to do so. Where permitted by applicable law, we may collect and maintain records of calls and chats with our agents, representatives, or employees via message, chat, post, or similar functionality. 
• Employment information, if you apply for a job with us, including information related to your potential employment such as education and employment history, information included in your resume or application, and information from interviews you may have. 

How We Collect Personal Information 

We obtain the categories of Personal Information listed above from the following categories of sources: 

Personal Information You Provide to Us Directly 

We may receive Personal Information directly from you when you interact with our Sites, interact with us or otherwise provide us with your Personal Information. Personal Information is requested at various points on the Sites, or in-person if you visit one of our locations as a guest or member, including when you apply to join Bay Club, sign up for email alerts, use the “contact us” page, email us, establish a Web user profile, submit a résumé, utilize any of our Services, and at other times. For example, if you would like to join Bay Club, we will ask you for information such as name, a photo identification, address, telephone number, email address, and credit card number. We will also use your email address to send a confirmation and, if necessary, we might also use other information to contact you for help in processing the membership. We will also use your email address to notify you about special offers and promotions. We may also provide additional notices when collecting information from you about our collection, use and disclosure of that Personal Information.  These notices may supplement or clarify our privacy practices with respect to that Personal Information and may provide you with additional choices about how we use that Personal Information. 

Personal Information Collected from Third Parties 

We may collect your Personal Information from third party business partners such as social media sites, ad networks and analytics providers. We may also collect your Personal Information from others that refer you to our Services. 

Personal Information Automatically Obtained from Your Interactions with the Sites 

We use cookies and similar technologies to collect Personal Information automatically as you navigate our Sites. For additional information regarding our use of these technologies, see the Cookies and Tracking Technologies section below. 

How We Use Personal Information 

We may use or disclose the Personal Information we collect about you for one or more business purposes: 

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about membership or Services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your Personal Information to facilitate future renewals or orders, or process refunds. If you submit a review of our Services or your experience with the Bay Club or PRO Med we may post that submission on our Sites, without identifying you by your full name or address. 

• To provide, support, personalize and develop our Sites and Services. 

• To create, maintain, customize and secure your account and membership with us. 

• To process your requests, purchases, transactions and payments and prevent transactional fraud. 

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. 

• To personalize your experience on our Sites and to deliver Services relevant to your interests, including targeted offers and ads through our Sites, third party sites and via email or text message (with your consent, where required by law). 

• To help maintain the safety, security and integrity of our Sites, databases and other technology assets, physical locations, Services, and our business. 

• For testing, research, analysis and product development, including to develop and improve our Sites and Services. 

• To respond to law enforcement requests and as required by applicable law, court order or governmental regulations. 

• To fulfill any other purpose for which you provide it, including purposes described when you provide the information or give you consent. 

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Bay Club’s or PRO Medical PC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about users of our Services and our members is among the assets transferred. 

If you are applying for employment with us, we also use Personal Information to process your job application, to verify the information you have provided in your application, conduct interviews, perform background and reference checks, to communicate with you and answer your questions, to confirm your eligibility for employment, and improve our recruiting processes. We may also save your Personal Information for future employment opportunities with us. 

How We Disclose Personal Information  

We may disclose aggregated information about our members, and information that does not identify any individual, without restriction.  

We may disclose your Personal Information with your consent or in the following circumstances: 

• Employees and Other Personnel. We may share Personal Information with our employees and personnel (such as contractors) who have a need to know the information for our business purposes. 
• Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, co-sponsored or co-branded promotions or events, and e-mail or mail direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such Services, we enter a contract that describes the purpose, and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. 
• Ad Tech Companies and Other Providers. We may share or make available limited Personal Information (such as mobile device identifiers) with ad tech companies and other online service providers. When we share your Personal Information in this context, we follow applicable legal requirements, which may require that we provide opt-out rights or other individual rights. 
• Business Partners. We may disclose Personal Information with trusted business partners. For example, we may disclose your Personal Information with a company whose products or services we think may be of interest to you or who we co-sponsor a promotion or service with.  
• Law Enforcement Agencies. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Bay Club, PRO Medical PC, or a third party, to protect us against liability, for the safety of our members, guests, the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security or integrity of our Sites and Services and any equipment used to make the Sites and Services available, or to comply with the law. 

• Third Parties Involved in Business Transfers. We may sell, transfer or otherwise share some or all of our assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets or similar transaction, or in the event of insolvency or bankruptcy.  You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your Personal Information differs materially from that set forth in this Notice. 

• Other Third Parties. We may disclose Personal Information to third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure). 

Cookies and Other Tracking Technologies  

We and our service providers may use cookies and similar technologies to collect usage and browser information about how you use our Sites. The technologies we use for this automatic data collection may include cookies and web beacons that permit us to verify system and server integrity and generate statistics around the popularity of certain content. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of our Sites, to enhance your experience through personalization, and to help us better understand the features of our Sites that you and other users are most interested in.  

Website Delivery and Appearance – We may use third-party providers to enable certain customer interaction opportunities, content delivery (like audio or video), or other service capabilities. Examples include, but are not limited to, the following functionality: 

• Content Delivery: We partner with service providers to host our Sites and deliver specific content in support of our Services. For example, we partner with companies like Vimeo to deliver specific content delivery like audio and video. For more information about how Vimeo collects and uses your data, visit Vimeo’s Privacy Policy. 

• Customer Interaction: We enhance our customer interactions by offering features like Google Maps to locate our clubs. Each of these offerings are governed by the terms, conditions, and policies of the underlying service provider. For example, please see Google Maps/Google Earth Terms of Service and Google’s Privacy Policy for more information on how that feature operates. 

• Chat-based Customer Support: We use a live chat feature powered by a third party (Salesforce) to enable live customer service and technical support via our Sites. When you engage in the live chat enabled by this service provider, we will automatically collect and share certain information (such as personal identifiers, usage information, and message content) with the vendor to provide the customer service and technical support enabled by the live chat tool. For more information on the specific information collected via this tool, and how this information is used and handled by Salesforce, please see Salesforce’s privacy policy here. 

Website Analytics – We use analytics services that use cookies and other technologies that collect your Personal Information, to assist us with analyzing our Site traffic and site usage to optimize, maintain, and secure our Sites and inform subsequent business decisions (including, e.g., advertising). These include, but are not limited to, the following third-party services:  

• Microsoft Advertising: We partner with Microsoft Advertising to capture how you use and interact with our Site through behavioral metrics to improve and market our products/services. Site usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of Services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement. 

• Google Analytics: To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data from sites or apps that use our services.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.  

• Pixels: We use Meta and Pinterest pixels to track user activity on our Sites and improve downstream offerings, including interest-based advertising for our services and those of our partners and service providers. 

Interest-Based Advertising – We may also allow or enable third parties to collect Personal Information to provide their interest-based advertising on behalf of our products and services, or their own. Interest-based advertising occurs when advertisements are shown to you based on information collected from your online interactions over time and across multiple websites, devices, or online services that you visit or use. Some companies may engage in cross-context behavioral advertising to predict your preferences and show you advertisements that are most likely to be of interest or relevant to you.  

We do not control these third parties’ collection or use of your information for these purposes, or the opt-out options they may individually offer you via their terms, conditions, and privacy policies. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Examples of the third-party service providers we engage to serve interest-based advertisements include Google Ads (including Google Dynamic Remarketing and Google Signals), Meta Ads (including Meta Pixels and Facebook advertising services), and Microsoft Advertising. It is in this context that we may provide advertising networks, data analytics providers, social networks, and video sharing platforms with Personal Information such as your IP address, device information, Internet and other electronic network activity information, and geolocation information in the last twelve months. 

Selling Personal Information – While we do not sell Personal Information in exchange for monetary consideration, we do disclose Personal Information for other benefits that could be deemed a “sale” under various data protection laws because it is sometimes broadly defined to include activities such as the delivery of interest-based advertising on websites or allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior.  

Cookie Choices – To manage your preferences with respect to these technologies, you can:  

• Change your cookie preferences by clicking the “Privacy Settings” link on our Sites or customizing your browser settings to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable certain cookies, please note that some parts of our Site may not function properly. These settings may be lost and require reconfiguration if you delete your cookies. 

• Block the collection and use of your information by online platforms and ad tech companies for the purpose of serving interest-based advertising by visiting the opt out pages of the self-regulatory programs of which those companies are members: National Advertising Initiative and Digital Advertising Alliance. Please note that even if you opt out of interest-based advertising, you may still see “contextual” ads which are based on the context of what you are looking at on the websites and pages you visit.  

• Review and execute any provider-specific instructions to customize your preferences or opt-out of certain processing, including interest-based advertising, by third-party service providers. For example, to opt-out of this type of advertising by Google, customize your ad preferences, or limit Google’s collection or use of your data, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Meta also offers an Ad Preferences center to customize your settings, as well as a Privacy Policy with additional information on how you can exercise your rights.  

How Long We Keep Personal Information 

We retain your Personal Information for as long as needed: (i) to provide our Services to you; (ii) fulfill the purposes outlined in this Notice; and (iii) to comply with our legal obligations, resolve disputes, and enforce any agreements. Criteria we will use to determine how long to retain your Personal Information include the nature and length of our relationship with you; our legal rights, obligations, and retention requirements; and if we have an ongoing business purpose for retaining your Personal Information, such as communicating with you about our Services. 

Links to Third-Party Websites 

We are not responsible for the practices employed by any websites or services linked to or from our Sites, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing Personal Information to third parties, since any Personal Information disclosed will be handled in accordance with the applicable third party’s privacy policy.  

In some cases, we offer links to social media platforms (like Facebook, Instagram, LinkedIn, and YouTube) that enable you to easily connect with us or share information on social media. Any content you post via these social media pages is subject to the terms of use and privacy policies for those platforms. 

International Use 

If you are visiting our Sites from outside of the United States, please note that our Sites are hosted in the United States. Where permitted by applicable law, we may transfer the Personal Information we collect about you to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country, as necessary for the purposes set out in this Notice.  

Children’s Information 

We do not knowingly collect Personal Information from children, as defined under applicable law, without prior verifiable parental consent, and we have no actual knowledge of selling such Personal Information of minors under 16 years of age. If we learn that we have collected Personal Information from a child,  we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with Personal Information, please email us at terms@bayclubs.com.   

Data Security 

 We have implemented commercially reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Despite these efforts to store Personal Information in a secure environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. 

California Residents 

This section provides additional information regarding our practices pursuant to the California Consumer Privacy Act of 2018 and its implementing regulations, as amended by the California Privacy Rights Act (“CCPA”), where “Personal Information” has the definition set forth in the CCPA. 

Please see the chart below for detailed information about the categories of Personal Information we have collected from California residents during the twelve months preceding the date on which this Notice was last updated and the categories of third parties to whom we Sell or Share Personal Information (as those terms are defined in the CCPA). For each category of Personal Information set forth in the chart below, the categories of third parties to whom we disclose it for a business or commercial purpose are set forth in the How We Disclose Personal Information section above.  

California Shine the Light – Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of Personal Information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please contact us at terms@bayclub.com. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year. 

Exercising Your Privacy Rights 

Depending on where you live, you may have the following rights with respect to your Personal Information under applicable data protection laws: 

• Access – The right to request access to and obtain a copy of any Personal Information we may have about you. 

• Deletion – The right to delete your Personal Information that we have collected or obtained, subject to certain exceptions. 

• Correction – The right to request that we correct inaccuracies in your Personal Information, subject to certain exceptions. 

• Opt Out of Certain Processing – You may have the right to: (a) opt out of the processing of your Personal Information for purposes of targeted or cross-context behavioral advertising, (b) opt out of the sale  of your Personal Information; and (c) limit the use of your Sensitive Personal Information (if applicable). We do not collect or process sensitive Personal Information outside of purposes permitted by law (such as section 7027(m) under the California Consumer Privacy Act Regulations), so we do not offer the option to limit its use. 

• Automated Decision-Making – The right to know when you are subject to automated decision-making, the Personal Information used to render the decision, the principal factors and parameters involved in the decision, and human review or correction of the decision (or its underlying data, where appropriate). You may also have the right, depending on your location, to consent or opt out of (a) this automated decision-making or (b) any profiling in furtherance of decisions that produce legal or similarly significant effects. We do not profile you or other individuals in a manner that would result in legal or similarly significant effects, or engage in automated decision-making, so we do not offer an opt out of such activity. 

• Lodge a Complaint – The right to lodge a complaint with a regulatory agency if you believe we have violated any of the rights afforded to you under applicable data protection laws. We encourage you to first reach out to us so we have an opportunity to address your concerns directly before you do so. 

To opt out of marketing emails, please email us at terms@bayclubs.com or by following the instructions included in the email correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law.   

To exercise any of the privacy rights afforded to you under applicable data protection laws, please submit a request to us by either: 

• Calling us at (888) 646-4660; or 

• Emailing us at terms@bayclubs.com  

You may also initiate any opt outs by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC). We honor Opt-Out Preference Signals, including GPC. If you choose to use an Opt-Out Preference Signal, you will need to turn it on for each supported browser or browser extension you use. 

You will not be discriminated against in any way by virtue of your exercise of the rights listed in this Notice which means we will not deny any Services to you, provide different prices or rates for Services to you, or provide a different level or quality of Services to you.   

Only you, or an authorized agent that you authorize to act on your behalf, may make a request related to your Personal Information. We may need to verify your identity before fulfilling certain requests, and if we cannot verify your identity, we may request additional information from you. If you are an authorized agent making certain requests on behalf of another person, we will also need to verify your identity, which may require proof of your written authorization or evidence of power of attorney. We endeavor to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your requests unless they are excessive or repetitive. If we determine that a request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We may deny certain requests, or only fulfill some in part, as permitted or required by law. If you are not satisfied with the resolution of your request and you are afforded a right to appeal such decision, you will be notified of our appeal process in our response to your request. 

Changes to this Notice 

Please note that we may modify or update this Notice from time to time, so please review it periodically. If we make material changes to how we treat Personal Information, we will notify you according to applicable law. Unless otherwise indicated, any changes to this Notice will apply immediately upon posting to our Sites. You are responsible for periodically visiting our Sites and this Notice to check for any changes.   

Contact Us 

We welcome your questions, comments and concerns about privacy. Please email us at terms@bayclubs.com with your questions about our practices or feedback. You also may write to us at: 

The Bay Club Company 

1620 Montgomery St., Suite 250 

San Francisco, CA 94111 

MY HEALTH MY DATA PRIVACY NOTICE 

Effective Date/Last Updated:  September 17, 2025 

The Bay Clubs Company, LLC and PRO Medical PC have (“Company”, “we”, “us”)  prepared this Washington State Consumer Health Data Privacy Policy to supplement our  Privacy Policy (“Privacy Policy”) and applies to the extent you are a resident of the state of Washington from whom we collect “consumer health data” (“CHD”), as defined by the Washington State My Health My Data Act (“MHMDA”), or to personal data we collect in Washington, to the extent such data is CHD. 

Consumer Health Data We May Collect 

As described in the Personal Information We Collect section of our Privacy Policy, the data we collect varies and depends, among other things, how you interact with us, whether you are an employee, whether you are an employee, and applicable law. Because MHMDA defines CHD very broadly, some of the categories of data we collect could also be considered CHD under that law even though we do not use it to identify health conditions or status and only collect such information if you choose to provide it to us. We only collect and use the below information to provide the goods and services you request and provide you with information and access to our clubs, membership programs, events, and activities. 

Below are examples of the categories of data we collect that could be deemed CHD: 

• Information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments. For example, we may collect such information as part of a fitness assessment or health history, PAR-Q form, conversation with trainers or other staff, collected as part of an incident report or statements made to staff members, or provided by you as part of the purchase of a service or product.  

• Bodily functions, vital signs, symptoms or measurements related to your physical or mental health status (for example, your height and weight, fitness and exercise activity data, lab results and metabolic conditions). 

• Location information that could reasonably indicate your attempt to acquire or receive health services or supplies. For example, if you are at one of our health clubs or on this website (“Website”) and our mobile applications (“App”), and search for a club location where you can purchase or obtain health products, or services, we may collect location data that could be deemed to reveal health-related information. 

• Information that could be related to reproductive or sexual health information such as information about products you purchase, or your participation in certain classes, programs, and activities. For example, we may collect information about vitamins and supplements that you purchase or classes that you sign up for that may indicate pregnancy status or other information related to your reproductive or sexual health information. 

• Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your search queries on this website (“Website”) and our mobile applications (“App”), which may include queries concerning nutrition, wellness, fitness, or other health-related products or services. 

We collect other non-health information as described in our Privacy Policy in order to provide our Website and the App (collectively, the “Services”) or operate our business such as information about products or services you have purchased, images, or voice recordings which we do not process to associate or identify you with information that could be deemed CHD. 

Sources of Consumer Health Data 

To the extent any of the information we collect constitutes CHD, we collect personal data (which may include CHD as described above) directly from you through interactions with club staff or collected on forms and paperwork, from your interactions with our site and applications, products and services, and from third parties. For example, if you choose to connect and integrate our products and services with third-party applications so that we can provide you with products and services that you request, those third-party applications may disclose personal data (which may include CHD as described above) to us. 

Why We Collect and Use Consumer Health Data 

To the extent we collect and use CHD, we do so for the purposes described in the Purposes for Collection and Use of Information section of our Privacy Policy. More specifically, we collect and use information that could be considered CHD: 

• As reasonably necessary to provide you with the products or services you have requested or authorized. This may include delivering and operating the products and services and their features, responding to your communications, personalization of certain product or service features, ensuring the secure and reliable operation of the products and the systems that support them, troubleshooting and improving the products, and other essential business operations that support the provision of the products or services (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development). 

• For any purpose for which you consent or direct us to collect or use it. 

We may use CHD for other purposes for which we will give you choices and/or obtain your consent as required by law. See the Your access to and choices regarding your personal information section of the Privacy Policy and the How to Exercise Your MHMDA Rights section below for more details on the rights and choices you may have. 

Our Disclosure of Consumer Health Data 

We may disclose each of the categories of data that could be considered CHD described above for the purposes described below: 

• To the extent necessary to provide a product or service that you have requested or as reasonably necessary to complete any transaction or provide any product or service you have requested or authorized, as described above. 

• If we are involved in a merger, asset sale, financing, corporate divesture, reorganization, or acquisition of all or some portion of our business to another company or if we undergo liquidation or bankruptcy proceedings, we may disclose your information in connection with such transaction or proceeding before and or after the transaction closes or the proceedings are completed. 

• For any purpose for which you consent or direct us to disclose it. 

If you make a purchase or payment for a membership, product, or service, we will disclose information about the transaction as necessary to process the payment, including protection against fraud. And we may disclose data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process. 

Third Parties To Whom We Disclose Consumer Health Data 

As necessary for the purposes described above to provide the products and services that you request from us, we disclose information that could be considered CHD with the following categories of third parties: 

• Service providers. Vendors, service providers, or contractors (“processors”) that provide services on our behalf may access information that might be considered CHD for the purposes described above. For example, companies that provide customer service support, technical services, or assist in protecting and securing our systems and services may need access to data to provide those functions on our behalf. 

• Financial institutions & payment processors. When you make a purchase, sign up for a membership, or enter into a financial transaction, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services. 

• Parties to a corporate transaction. We may disclose information that might be considered CHD as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets. 

• Affiliates. To the extent that we disclose data across our subsidiaries, affiliates, and related companies including PRO Medical PC and its affiliates, we do so to facilitate the provision of goods or services you may have requested from us. If you would like to request a full list of our specific affiliates, please email us at terms@bayclubs.com. 

• With third parties for legal or security reasons. As described in our Privacy Policy, we disclose data to third parties (including law enforcement or other government agencies) when we believe doing so is necessary to comply with applicable law or respond to valid legal process. 

• Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers. 

• Other users and individuals. If you use our services to interact with other users of the service or other recipients of communications, we may disclose data, including information that might be considered CHD, as directed by you and your interactions in order to provide the services or product you request. 

• The public. You may select options available through our services to publicly display and disclose certain information, demographic data, content, or geolocation data, which may include information that might be considered CHD. 

How to Exercise Your MHMDA Rights 

MHMDA provides certain rights with respect to CHD, including rights to confirm collection of, access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights using the methods described in the Your Privacy Rights and How To Exercise Them regarding your personal information section of the Privacy Policy. And if you want to access or control CHD that we process that is not available via those methods, you can contact us using the contact information in the Contact Us section of the Privacy Policy or by using our Request Portal. 

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting us at bayclub@bayclubs.com. If your appeal is unsuccessful, you can raise a concern or file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint. 

TERMS OF USE 

Last Updated: September 17, 2025 

The Bay Clubs Company, LLC and PRO Medical PC (“Bay Club,” “we,” “our,” or “us”) makes their websites and mobile applications that link to these Terms of Use (the “Site”) available to you (“User”, “you”, or “your”) subject to these Terms of Use (“Terms”). By accessing or using the Site in any way, you agree to be bound by these Terms. If you do not accept any of these Terms and/or you do not comply with its provisions, you may not use the Site. Additional terms and conditions may apply. 

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes. 

 1. USE OF OUR SITE 

• 1.1 Bay Club’s Rights in and to Bay Club Materials. The Site, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by Bay Club or any subcontractor engaged by Bay Club in connection with this Site or otherwise relate to this Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “Bay Club Materials”) shall at all times remain the exclusive property of Bay Club and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license. 
• 1.2 Grant of License. Subject to your compliance with these Terms and subject to additional terms of any third-party licenses applicable to our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site. We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to our Site. Any use of our Site that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use our Site. You are not acquiring any rights in or to the Bay Club Materials other than a non-exclusive right to access and use this Site solely in accordance with the terms of these Terms.   
• 1.3 Modification. We may discontinue or alter any aspect of our Site, restrict the time our Site or website is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Site without prior notice or liability to you. Your only remedy is to discontinue using our Site if you do not want a modification we make to our Site. 
• 1.4 Removal of Access. Your access to our Site is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Site or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of these Terms or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Site; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.  
• 1.5 Defects and Availability. We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages (such as lost income, opportunities or any other consequential or indirect damages) that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Site. We do not represent, warrant, or guarantee that our Site will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Site being unavailable. 
• 1.6 Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Site is based; (3) use our Site or Bay Club Materials to develop a competing service; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (5) decrypt, transfer, create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device; (6) use or merge our Site or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (8) use our Site for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Site for any reason; (11) use any Bay Club Materials made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (12) introduce into our Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site, or perform any such actions; (13) introduce into our Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (14) delete, modify, hack, or attempt to change or alter our Site, Bay Club Materials, or notices on our Site; (15) connect to or access any Bay Club computer system or network other than our Site; or (16) impersonate any other person or entity to use or gain access to our Site. 
• 1.7 Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. 
• 1.8 Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.   

2. CONTENT AND DATA on our Site 

• 2.1 Bay Club Content. Our Site may include or provide access to information, photos, videos, text, graphics, and other material or information provided by us or third parties (collectively, the “Bay Club Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You are not acquiring any rights in or to the Bay Club Content other than a non-exclusive right to access and use the Bay Club Content solely in accordance with the terms of these Terms and solely in connection with your use of our Site. You understand and agree that Bay Club’s rights in any Bay Club Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Bay Club Content.  
• 2.2 Feedback. We welcome your comments, feedback, information, or materials regarding our Site (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback. 
• 2.3 Links; Third Party Materials. Our Site may include links to other websites or resources on the Internet, or utilize our Site or content of third parties (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of Third Party Materials. 
• 2.4 Ownership of Intellectual Property. As between you and Bay Club, Bay Club exclusively owns all right, title and interest in and to our Site, Bay Club Content, Bay Club Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Bay Club IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Bay Club IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Bay Club IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Bay Club’ right, title and interest in the Bay Club IP. Bay Club is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Bay Club IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Site, and which shall automatically terminate upon expiration or termination of these Terms. Any unauthorized use of any Bay Club IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.  

3. REPRESENTATIONS 

• 3.1 Your Representations. You hereby represent and warrant that: (1) you have the power and authority to enter into and perform your obligations under these Terms; (2) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of our Site, your Feedback, or any part thereof; (3) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (4) your access to and use of our Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (5) you will immediately notify us in the event that you learn or suspect that the information you provided to us has been disclosed or otherwise made known to any other person; and (6) you will not use our Site in order to gain competitive intelligence about us, our Site, or to otherwise compete with us. 
• 3.2 Feedback Representations. In the event you provide any Feedback via our Site, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to these Terms; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate. 

4. Disclaimers of Warranty 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE (INCLUDING THE BAY CLUB MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED, THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. BAY CLUB WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.   

ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

INDEMNITY; LIMITATION OF LIABILITY 

• 5.1 Indemnity. You agree to defend, indemnify, and hold harmless BAY CLUB, OUR AFFILIATES, AND ALL OF THEIR officers, members, managers, employees, and agents (COLLECTIVELY, “RELEASED PARTIES”) from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our SITE, (b) your violation of these Terms, (C) your violation of any law or the rights of any third party, and (D) your negligence or willful misconduct.  
• 5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS FOR THE USE OF ANY OR ALL PARTS OF OUR SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD). 

6. MISCELLANEOUS  

• 6.1 Governing Law. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California without reference to its conflicts or choice of law principles. Any court proceeding will take place in San Francisco, California and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco, California. You irrevocably submit and consent to the personal jurisdiction of such courts. 
• 6.2 Term. These Terms are effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate these Terms at any time by immediately discontinuing all access to our Site. Termination or cancellation of these Terms will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate these Terms at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to our Site or any part thereof.  
• 6.3 Terms Applicable to New Jersey Consumers.  No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  Bay Club reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence. 
• 6.4 Independent Contractors. You understand and expressly agree that you and Bay Club are independent contractors and not agents or employees of the other party. Neither you nor Bay Club has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.  
• 6.5 Equitable Relief. You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.  
• 6.6 Entire Agreement. These Terms constitute the entire agreement between you and Bay Club with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update these Terms from time to time, and will post the updated Terms to our Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of our Site will constitute your agreement to any new provisions within the revised Terms. 
• 6.7 Waiver; Severability. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of our right to enforce them. If any term or provision of these Terms will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of these Terms.  
• 6.8 Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms. We may assign these Terms or delegate or subcontract our obligations under these Terms at any time.  
• 6.9 Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period. 
• 6.10 Contact Us. If you have any questions, please contact us at terms@bayclub.com.