This Sweat Tracker Coaching Services Agreement (the "Agreement") is entered into by and between Sweat Tracker, Inc, a Delaware corporation ("Us" or "We"), and the recreational athlete identified below ("You").
Sweat Tracker Coaching Services
You hereby subscribe to receive Sweat Tracker coaching services.
Upon acceptance by Sweat Tracker of this Agreement, and subject to payment of applicable fees, our coaches will provide structured training to prepare for your upcoming race(s). Since results vary from individual to individual and are dependent upon many factors, we cannot and do not promise or guarantee that our coaching services will meet your expectations or produce any level of results, improvements or benefits. If you are dissatisfied with our coaching services for any reason, your sole and exclusive remedy is to terminate this Agreement. Our coaching services are personal to you and may not be transferred or assigned.
Termination: You may terminate this Agreement for any reason by notifying Us via email thirty (30) days prior to requested termination date. Thereafter, you will not be subject to any further service fees. We reserve the right at any time to terminate this Agreement for Your failure to comply with this Agreement including but not limited to Your failure to pay any service fees, or failure to comply with any of our rules and regulations, or for conduct we determine to be improper or contrary to our best interests.
Assumption of Risk, Release, Waiver and Indemnity: You acknowledge and agree for Yourself (which for purposes of this Agreement includes Your personal representatives, executors, administrators, successors, assigns, heirs, and next of kin) that:
(1) You are qualified, in good health, and in proper physical condition to participate in the physical and athletic activities, exercises, training, and programs for which our Services are provided (collectively, the "Athletic Activities");
(2) The Athletic Activities naturally involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage, as well as other risks and social and economic losses or any other damage, either not known to You or not readily foreseeable at this time (collectively, the "Risks");
(3) The Risks may be caused by Your own actions or inactions, or the actions or inactions of others, including those who own or maintain the Third Party Facilities (as defined below);
(4) Sweat Tracker is not providing any physical facilities (e.g., indoor or outdoor running tracks), clothing, shoes, training devices or equipment of any kind relating to Athletic Activities, and all Athletic Activities will take place at indoor or outdoor, public or private, physical facilities that are owned by third parties (the "Third Party Facilities"), and we cannot and do not make any representation or warranty regarding the Third Party Facilities, including but not limited to their condition, accessibility, safety, or suitability for the Athletic Activities;
(5) You accept the condition of such Third Party Facilities, "AS IS, WHERE IS" and You agree to abide by all rules and regulations, public or private, that apply to the use of Third Party Facilities;
(6) You understand and voluntarily accept and assume all Risks and responsibility for all Injuries, whether physical or mental, including but not limited to, injuries to Yourself or Your guests, arising out of or in connection with the Athletic Activities and/or Your use of Third Party Facilities (collectively, the "Injuries"), including but not limited to the following:
Any accidental or "slip and fall" Injuries;
Injuries arising from participation in supervised or unsupervised activities and programs, including but not limited to those sponsored or endorsed by us;
Injuries or medical disorders resulting from Athletic Activities, including but not limited to heart attacks, strokes, heart stress, sprains, broken bones, torn muscles or ligaments;
Injuries resulting from the actions taken or decisions made regarding medical or survival procedures;and
Any loss, theft or damage to property.
(7) You voluntarily waive, release and discharge Sweat Tracker (which includes, for purposes of this Agreement, its owners, members, directors, officers, employees, agents or volunteers) from any and all claims, liabilities, damages, losses (including but not limited to loss of time, loss of service and loss of income), causes of action, suits, costs, expenses, and attorneys fees (collectively, the "Losses"); arising out of or related to all Risks and Injuries;
(8) You have health, accident and/or property insurance that is adequate to cover all Losses, Risks and Injuries;
(9) You relinquish forever and covenant not to sue, assert or otherwise maintain any claim or cause of action against Sweat Tracker (whether past, present or future, whether known or unknown, and whether anticipated or unanticipated) arising out of any Losses, Risks or Injuries; and
(10) You will indemnify, defend and hold Sweat Tracker harmless from any and all Losses, Risks and Injuries.
Medical Examination: You acknowledge that Sweat Tracker is not a medical practice and does not employ doctors or licensed health care providers of any kind. Accordingly, we cannot and will not provide medical examinations or medical or healthcare advice. You are strongly encouraged to have a complete physical examination by a licensed medical doctor prior to beginning any work-out program or strenuous new activity, including but not limited to Athletic Activities for which our Services are provided. If you have a history of heart disease, You should consult a physician before undertaking any Athletic Activities.
Limitation of Liability: In no event will Sweat Tracker be liable for direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or relating to this agreement. Our Entire liability, and Your entire and exclusive remedy, under this Agreement for any damages from any cause whatsoever Shall in no event exceed the service fees actually paid by you in the most recent three (3) month period.
Arbitration: Any dispute concerning the parties' rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association ("AAA") in San Francisco, CA, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into SF Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys' fees and costs.
Governing Law and Severability: This Agreement shall be governed and interpreted in accordance with California law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Notices: Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above. The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.
Force Majeure: Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties' reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.
Complete Agreement; Non-Waiver: This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.
By using our coaching services, you consent to this Agreement.
Changes to our Terms & Conditions
If we decide to change our terms and conditions, we will post those changes on this page.
If there are any questions regarding these terms and conditions you may contact us at firstname.lastname@example.org