Waiver of Liability
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
In this Release Agreement, the term “the Program” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: exercise relating to build the cardio respiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), mountain biking skill, nutrition guidance and may cause changes to body composition (increasing muscle mass and bone density and decreasing body fat) with the purpose of improving my performance while mountain biking. Methods of exercise may include, but not limited to, activities such as walking, running, bicycle riding, rowing machine, weight lifting, weight machines, resistance bands and other equipment to improve muscular strength, aerobic endurance, as well as flexibility exercises to improve joint range of motion.
Description and Assumption of Potential Risks:
I am voluntarily undertaking the Program and understand that assessments of exercise technique, mountain biking skill and performance will be delivered remotely, via online methods including, but not limited to, tele-conference, phone, personal training app, e-mail, text/video messaging may be delivered in-person or remotely.
I understand the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, and engaging in high intensity exercise may lead to musculoskeletal strains, pain and injury.
I am aware that Mountain Biking involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terra in; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, ladders, berms and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for mountain biking; travel on highways and backcountry roads; encounters with domestic and wild animals including, but not limited to dogs, bears and cougars; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE
I am aware of inherent limitations of following the Program remotely delivered through the online methods previously mentioned. The RELEASEES will not be physically present to correct exercise technique, inspect any exercise equipment that I chose to use for defects or malfunctions, nor provide First Aid/CPR in the case of injury or medical emergency.
I agree to wear an appropriate certified helmet designed for mountain biking and other physical protection (knee, elbow, chest, back padding, neck brace) that are in good physical conditioning at all times while participating in mountain biking events. I understand that if I do not comply with the preceding sentence that I am knowing accepting an increased risk of personal injury. I further agree that my bike is serviced by a qualified mechanic and is in exemplary working order whenever I am participating in any mountain biking training activities.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PHYSICAL TRAINING AND MOUNTAIN BIKING. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
By selecting, Yes, I consent, I am consenting to the use of my name, portrait, picture or photograph, or presence in a video, as part of the Releasee's undertakings. I understand that my name or image may be published or otherwise used at any time and on any medium (including electronic, print and other media). I agree that I shall have no claim against the releases or against anyone accessing media on which my name or image appears.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to provide me the Program, my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in mountain biking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE PHYSICAL TRAINING AND MOUNTAIN BIKING REFERRED TO ABOVE; OR DUE TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE PROGRAM, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Program;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Program;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province or territory where the Activities take place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta, Canada and shall be within the exclusive jurisdiction of the Province of Alberta, Canada.
6. I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form, PAR-Q).
7. I state that I will obtain a physician’s permission to engage in the Program if the RELEASEES deem my health status not acceptable to participate prior to or at anytime during the Program
I understand that RELEASEES shall not be liable for any damages arising from personal injuries sustained while travelling to and during any physical training program and do so at my own risk.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Program, other than what is set forth in this Release Agreement.
BY CHECKING THE BOX AGREEING TO THE TERMS & CONDITIONS OF THIS WAIVER, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Terms & Conditions
Purchasing a Training Plan, Subscription or Teleconference Call
Upon purchase of a training plan, coaching plan and/or teleconference call you will receive immediate email confirmation and receipt sent to the email with which you purchased the plan. You will receive a second email within 48 hours of your purchase containing a link to your training plan and/or a follow up to schedule your teleconference call. Please contact firstname.lastname@example.org with questions.
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Athlete is responsible for monitoring and maintaining his/her physical and emotional health and well-being at all times. Because some or all Training will be performed without a Alpine MTB Training coach or staff member present, it is imperative that Athlete monitor fatigue levels, muscle and musculoskeletal stress warning signs and observe sound nutrition and hydration programs at all times. Athlete is encouraged to (i) undergo routine and consistent physical examinations to maintain a high-level preventative health program during the Training; (ii) use a heart rate monitor during all Training sessions if necessary; (iii) closely monitor the perceived level of exertion at all times during Training; (iv) create a Training journal or Training log of all sessions. Alpine MTB Training reserves the right, in its sole discretion, to suspend or terminate any and all Training if it determines Athlete is not in good or satisfactory physical or emotional condition to undergo the Training.
All Training Fees and Success Fees shall be subject to applicable taxes. The Training Fees, Facility Fees paid in advance and Success Fees are non-refundable. Failure by Athlete to timely pay the Training Fee, Success Fee or any facility fee is considered to be a breach of this Agreement.
No License and Proprietary Rights
(a) Training Plans and Materials. All Plans and Training materials provided by Alpine MTB Training to Athlete, including but not limited to any printed or typewritten spreadsheets, correspondence, emails, booklets, manuals, pamphlets, brochures, handouts, nutrition information, audio visual data, film, video, DVD’s, power point presentations, fact sheets, systems, programs, computer software (in objective code and source code form), data or information developed or provided by Alpine MTB Training as well as any know-how, methodologies, equipment, or processes used by Alpine MTB Training to provide the Training Services to Athlete hereunder, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Training Materials”) shall remain the sole and exclusive property of Alpine MTB Training. To the extent, if any, that ownership of the Training Materials does not automatically vest in Alpine MTB Training by virtue of this Agreement or otherwise, Athlete hereby transfers and assigns to Alpine MTB Training all rights, title and interest which Athlete may have in and to the Training Materials.
(b) Proprietary Rights of Alpine MTB Training. Except as provided in this Section 5, nothing in this Agreement shall be construed to grant Athlete any ownership right in or license to, the Training Materials. Alpine MTB Training hereby grants to Athlete a limited and non-exclusive right to use the Training Materials to perform the Training. Athlete may only reproduce the Plan only to the extent as is absolutely necessary for Training sessions and any reproductions must be kept within Athlete’s personal control at all times. Athlete agrees he or she will not transmit, reproduce, distribute, display, make available, share or otherwise disseminate Training Materials to other persons or entities and will maintain the Training Materials and afford the Training Materials the same type and level of protection as he or she would to his or her own protected personal information.
Each party hereto agrees that during the course of this Agreement, information that is confidential or proprietary may not be disclosed by the other party, including, but not limited to, the terms of this Agreement, specific Training information, technical information, trademarks, trade names, inventions, copyright, equipment design, Training strategies, race strategies, know-how, trade secrets, marketing strategies, financial information, business information, personal health information, information from other Alpine MTB Training athletes, employee information, source code, algorithms, software data, and in the case of Alpine MTB Training, the Training Materials, or other confidential information (hereinafter “Confidential Information”). Confidential Information shall not include information that the receiving party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party, (b) was known to the receiving party as of the time of its disclosure, (c) is independently developed by the receiving party or (d) is subsequently learned from a third party not under a confidentiality obligation to the providing party.
(a) Non-disclosure. During the Term of this Agreement and following expiration or termination of this Agreement indefinitely, Athlete covenants and agrees he or she (a) will receive and hold all Confidential Information in trust and in strictest confidence, (b) will protect the Confidential Information from disclosure and will in no event take any action causing, or fail to take any action reasonably necessary to prevent, any Confidential Information to lose its character as Confidential Information, (c) will not, directly or indirectly, use (except for Athlete’s own personal Training hereunder) or assist others to use any Confidential Information to the detriment of Alpine MTB Training, its business, goodwill, reputation or its interests, and (d) except as required by Athlete’s personal use and by his or her duties in the course of providing information to his or her physician will not, directly or indirectly, copy, duplicate, replicate, transform, modify, decompile or alter the Confidential Information or otherwise disclose or disseminate the Confidential Information to any third party without the prior written consent of Alpine MTB Training, which consent may be withheld in Alpine MTB Training’ absolute discretion. All Training Materials shall be returned immediately to Alpine MTB Training on the date of termination or expiration of this Agreement or on Alpine MTB Training’s request at any time. The provisions of this Section 7 shall survive the date of termination or expiration of this Agreement indefinitely.
(b) Noncompetition. Athlete covenants and agrees he or she will not use and will not assist others in using the Training Materials or any portion thereof to directly or indirectly, engage in, or have any interest in any other entity or person, whether as a debt or equity holder, employee, officer, director, member, manager, partner, agent, security holder, consultant or otherwise, that, directly or indirectly, is engaged in training for the sport of mountain biking in any geographic area in which Alpine MTB Training is directly or indirectly, engaged in the business of mountain bike training. The parties hereto agree Alpine MTB Training is engaged in the sport of mountain bike training in Canada, the United States and countries abroad.
(c) Covenants Reasonable. Athlete acknowledges and agrees that the covenants provided for in this Article 7 are reasonable and necessary in terms of scope, duration, area, line of business and all other matters to protect Alpine MTB Training’ legitimate business interests, which include, among others, business interests in protecting (a) valuable confidential business information and the Confidential Information, (b) substantial relationships with athletes throughout Canada and abroad, and (c) the goodwill associated with Alpine MTB Training’ business and the Alpine MTB Training Tradename.