PLEASE AGREE TO THE FOLLOWING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
The information provided in or through my Website, Programs, Products, Consultations and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use.
Please be aware that when you purchase my Guides or Training Plans they are intended for your use only and you should not be given or sold to anyone. My role is to support and assist you in reaching your own health and lifestyle goals, but your success depends primarily on your own effort, commitment and follow-through. I cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual.
The information is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. I am not providing health care, medical or nutritional therapy services or attempting to prevent, diagnose, treat or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition.
You are acknowledging that you are participating voluntarily in using my Website, Programs, Products and Services, and you alone are solely and personally responsible for your choices, actions and results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents or otherwise, affiliated with Breakaway Coaching. By using my Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer.
By performing any exercises, programs, you are performing them at your own risk. Breakaway Training LLC will not be responsible or liable for any injury or harm you sustain as a result of our exercise programs, videos, or information shared on social medial and online.
By continuing to watch and participate in this virtual exercise class, you are agreeing to the following:
You understand that there are inherent risks in participating in an exercise program and willingly assume the responsibilities and risks of participation upon the understanding and condition that:
1. You represent that you are physically capable of participating in vigorous cardiovascular exercise and in light of your prior health history, weight and physical condition; You have not been advised against participation in an exercise program by a qualified health professional.
2. You hereby waiving and releasing Breakaway Training, LLC and Julie Browning from any and all claims, costs, liabilities, expenses or judgments, including attorney’s fees and court costs arising from any injury or illness that may result from participating in the Breakaway Training’s exercise classes. You hereby agree that your heirs, guardians, legal representatives, and assigns will not make any claims against Breakaway Training, LLC and Julie Browning for injury or illness that may result from your participation in this program.
You hereby execute and deliver this Release and Liability Waiver to include Breakaway Training, LLC to permit you to participate in this program. You represent that you have taken the time to carefully read and understand the language and intent of this Release and Liability Waiver. You also agree to make payment of any fees or charges for services in a timely manner as agreed upon.
BY SIGNING THIS DOCUMENT YOU ACKNOWLEDGE THE RISKS INHERENT IN MOUNTAIN BIKING AND 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 “mountain biking” includes all mountain bike activities including, but not limited to, guided descents and ascents, clinics, lessons, camps, and private instruction (hereinafter “riding”).
ASSUMPTION OF RISKS Mountain biking takes place on steep, rugged and challenging terrain and features, and will expose the rider to many risks, dangers and hazards. Falls and collisions occur frequently. Bicycles and related equipment may be placed under extreme stress and can malfunction. Helmets are mandatory. Full face helmets and other protective gear are strongly recommended. As with many adventure sports, riding involves the risk of injury, including serious injury, head injury, paralysis or death. The risk of injury increases with the degree of difficulty of the trail and speed. Although the risk of injury can never be eliminated, the rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience. What features and trails the rider chooses to ride is always at the discretion of the rider, not the mountain bike instructor or coach, or anyone else.
You agree and understand that you will be held to assume the risk of all trail and course conditions, including but not limited to weather conditions, trail and course layout and construction, hidden or concealed obstacles, and potential collisions with other riders and wildlife. You have the right to stop and visually inspect course and trail conditions and may choose not to ride sections or features that you consider to be too dangerous, risky or unsafe for a rider of your skill level.
WAIVER, RELEASE OF LIABILITY: You agree to waive any and all claims and to release Breakaway Training LLC, Julie Browning, and their respective affiliates, subsidiaries, employees, representatives, contractors, volunteers and agents (hereinafter “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that you or your next of kin may suffer as a result of riding with Releasees, due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees. You understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of riding. You also realize that Releasees may not have wilderness first aid and CPR training or that Releasees’ first aid and CPR training might have expired; that Releasees are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees have no control over how long it will take for the medical personnel to arrive at the scene of a mountain bike accident.
You acknowledge that the decision to attempt any trail, trail feature, maneuver, or obstacle encountered while riding with Releasees, was made entirely by you, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to you associated with such trail, feature, maneuver, or obstacle. You waive any right to a jury trial for any claims arising from or related to any services provided by Releasees, and you acknowledge that claims shall be submitted to binding arbitration under the commercial arbitration rules of the FAA, and that the agreement shall be governed by and interpreted under the laws of the state of Alabama. You acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties.
You represent and warrant that you are in good health and have no medical conditions or disabilities that restrict or impede your ability to participate in riding. You acknowledge that you have all necessary medications or aids that you might require in the event of a known medical issue (such as allergy medications, epi-pens, etc.). You acknowledge that you're not relying on Releasees for medications; and you are not relying on Releasees to provide first-aid or any other medical treatment, and you waive any claim against Releasees to provide medical treatment or care of any kind during the riding. You agree that the Releasees are authorized to obtain medical care for you or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed. You further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to you. You agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees from any costs or claims arising from such medical care and related transportation. You have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries you suffer while riding. You understand that this is my sole responsibility and release the Releasees from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage.
You further agree to defend, indemnify and hold harmless Releasees from any and all claims brought by third parties which arise in whole or in part from riding with Releasees.
BINDING AGREEMENT, PARENTAL RESPONSIBILITY This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. If this Agreement is being signed by a parent or legal guardian on behalf of a child who is a minor, the undersigned parent or legal guardian acknowledges that he/she is signing this Agreement on behalf of him/herself and on behalf of the child, and that the child is bound by all the terms of this Agreement. This Agreement shall be binding upon the parent’s and child’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
You are submitting your responses on the waiver form because you have read and agree to this Release Agreement.