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 else. My role is to support and assist you in reaching your own health, lifestyle and fitness 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 provided for informational and educational purposes only. It is not intended to be a substitute for the advice provided by a physician or other healthcare professional. It is not intended to be used as a 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. We are 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. All information is provided with the understanding that it does not constitute medical or other professional care or services. You should not use the information on this website for diagnosing or treating a health problem or disease or prescribing any medication.
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.
WORKOUTS / VIDEO WORKOUTS / TRAINING PLANS:
By performing any exercises or workouts prescribed by Breakaway Training LLC (DBA Breakaway Coaching) or following any Breakaway Coaching Program, you are performing them at your own risk. Breakaway Training LLC, or Julie Browning will not be responsible or liable for any injury or harm you sustain as a result of our exercise programs, videos, or information shared online or on social media channels.
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 waive and release Breakaway Training, LLC. Julie Browning and Brooke Connell 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, Julie Browning or Brooke Connell for injury or illness that may result from your participation in this program.
We 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 Breakaway Coaching’s Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer.
CYCLING / MOUNTAIN BIKING:
By signing this document, you acknowledge the risks inherent in Cycling / Mountain Biking and will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
In this Release Agreement the term “cycling” includes all cycling and mountain bike activities including, but not limited to, guided descents and ascents, clinics, lessons, camps, and private instruction (hereinafter “riding”).
ASSUMPTION OF RISKS Cycling 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 an 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.
ENDURANCE COACHING SERVICE AGREEMENT
WHEREAS, __YOUR NAME____ (hereinafter “Athlete”), wishes to engage in a training program designed by BREAKAWAY TRAINING, LLC; and WHEREAS, BREAKAWAY TRAINING, LLC wishes to provide said Athlete with work out schedules, which can include but is not limited to, running, swimming, cycling, strength training, stretching programs, group workouts, exercise classes (e.g., yoga, spinning, circuit training) and beginning triathlon clinics (hereinafter “Athletic Training”).
IT IS HEREBY AGREED:
Effective upon submitting, BREAKAWAY TRAINING, LLC and Athlete hereby enter into this Agreement on the following terms and conditions:
1. Services. The Services to which this Agreement relates to Athlete’s involvement in Athletic Training as created and modified from time to time by BREAKAWAY TRAINING, LLC.
2. Term. This Agreement shall continue through until terminated, in accordance with Section 8 below.
3. Policy & Procedure. Prior to receiving Athletic Training, Athlete shall sign and verify that Athlete has received and understands the Policy and Procedures as may be adopted and amended by BREAKAWAY TRAINING, LLC from time to time. Athlete agrees to abide by the policies and procedures set forth therein. A failure to abide by said policies and procedures shall be grounds for immediate termination of this Agreement as set forth in Section 8.
4. Compensation. BREAKAWAY TRAINING, LLC shall be compensated by Athlete on the agreed amount for Athletic Training. Compensation is due on or before the last day of each month payable to BREAKAWAY TRAINING, LLC and delivered to BREAKAWAY TRAINING, LLC at the address set forth below. In order to cover BREAKAWAY TRAINING, LLC’s costs for rebilling, each invoice carries a rebilling fee of $20 per month from the date of the invoice. Athlete agrees that the above charge is reasonable compensation to BREAKAWAY TRAINING, LLC for rebilling should Athlete not pay Athlete’s bill within thirty (30) days. Notwithstanding the foregoing, failure to pay any sum in a timely manner shall constitute cause for termination of this agreement as set forth in Section 8. Should any drafts issued by Athlete to BREAKAWAY TRAINING, LLC be returned for insufficient funds to BREAKAWAY TRAINING, LLC, Athlete agrees to reimburse BREAKAWAY TRAINING, LLC a twenty and no/100 dollar ($20.00) fee and reasonable attorneys’ fees associated with collection efforts for each returned draft.
5. Waiver and Release. Athlete understands and agrees that before Athlete begins any exercise program Athlete should consult a physician and have a physical examination. Athlete understands and agrees that the recommendations, instructions and advice received from BREAKAWAY TRAINING, LLC, its owner, agents, or employees are in no way intended to be construed as medical advice and are offered for informational purposes only. Athlete further understands that BREAKAWAY TRAINING, LLC makes no warranties or representations regarding any advice received from the owner, agents, or employees of BREAKAWAY TRAINING, LLC. Athlete understands that BREAKAWAY TRAINING, LLC, its owner, agents or employees cannot confirm certain representations made by Athlete, including but not limited to representations as to Athlete’s diet, physical condition or workout regime. Athlete knows that Athletic Training may involve potentially hazardous activities. Athlete agrees to abide by any decision by BREAKAWAY TRAINING, LLC, its owner, employees or agents as to Athlete’s ability to safely complete any activity. Athlete assumes all risks associated with said Athletic Training, including but not limited to falls, contact with other athletes, effects of weather, including high heat and humidity, traffic and the condition of the roads or tracks, all such risks being known and appreciated by Athlete. Athlete understands and agrees that Athletic Training may involve inherent and other risks of INJURY or DEATH whether Athlete or someone else causes it. Athlete voluntarily agrees to expressly assume all risks of injury or death that may result from Athletic Training, including but not limited to injury or death caused from anyone acting on BREAKAWAY TRAINING, LLC’s behalf or anyone engaging in activities or Athletic Training under the direction of BREAKAWAY TRAINING, LLC. Athlete agrees that BREAKAWAY TRAINING, LLC, its owner, agents, and employees will not be liable for any injury, including but not limited to, personal, bodily or mental injury, economic loss or any damage to Athlete, Athlete’s spouse, guests, unborn children, or relatives resulting from negligence of BREAKAWAY TRAINING, LLC its owner, agents, employees or anyone acting on BREAKAWAY TRAINING, LLC’s behalf or anyone engaging in activities or Athletic Training under the direction of BREAKAWAY TRAINING, LLC. Athlete further understands that BREAKAWAY TRAINING, LLC, does not manufacture any of the equipment used in Athletic Training. In some circumstances, BREAKAWAY TRAINING, LLC purchases, borrows and/or leases the equipment from third parties. As such, Athlete understands and acknowledges that BREAKAWAY TRAINING, LLC is providing recreational services and may not be held liable for defective products. If there is any claim by anyone based on any injury, loss, or damage described here, which involves Athlete or Athlete’s guest, Athlete agrees to (1) defend BREAKAWAY TRAINING, LLC against such claims and pay for all expenses relating to the claim and (2) indemnify BREAKAWAY TRAINING, LLC for all liabilities to Athlete, Athlete’s spouse, guests, relatives, or anyone else, resulting from such claims. Having read this Section and knowing these facts and in consideration of the Athletic Training program created by BREAKAWAY TRAINING, LLC, Athlete and anyone entitled to act in Athlete’s behalf waives and hereby releases BREAKAWAY TRAINING, LLC, its owner, agents and employees as set forth herein. This Section does not affect BREAKAWAY TRAINING, LLC’s right to payment, upon full and satisfactory performance of the Services as defined and as provided under Section 1.
6. Indemnification. Athlete shall indemnify, defend, and hold harmless BREAKAWAY TRAINING, LLC from and against any claims or liabilities imposed on BREAKAWAY TRAINING, LLC arising out of any acts or omissions by Athlete.
7. Return of Materials and Equipment. On conclusion of Athletic Training or as requested by BREAKAWAY TRAINING, LLC, Athlete will return to BREAKAWAY TRAINING, LLC all equipment, or materials provided by BREAKAWAY TRAINING in connection with Athletic Training. If said materials are not returned within ten (10) days following conclusion of Athletic Training, termination of this Agreement as set forth in Section 8 or upon request by BREAKAWAY TRAINING, LLC, Athlete agrees to a rental fee of five and no/100 dollars ($5.00) per day, due immediately and accruing daily until such equipment is returned to BREAKAWAY TRAINING, LLC.
8. Termination. This Agreement may be terminated at any time for cause or upon thirty (30) days written notice by one party to the other.
9. Remedies. If either party fails to abide by this Agreement, the non-breaching party shall be entitled to a judgment for damages caused by the breach, including but not limited to any consequential damages and reasonable attorneys’ fees as set forth in Section 14 due to the failure of Athlete and to any other remedy provided by applicable law.
10. No Waiver. No failure or delay of BREAKAWAY TRAINING, LLC in exercising any rights hereunder shall operate as a waiver of that right or any other right. No modification or waiver of any provision of this Agreement shall be effective unless in writing, and then only in specific instances and for the purpose given.
11. No Assignment. Athlete shall not in whole or in part, assign, subcontract, or sublet this Agreement, any other agreement for the Services, or the proceeds thereof, without the written consent of BREAKAWAY TRAINING, LLC.
12. Entire Agreement. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter. Any notice to be given under this Agreement shall be conclusively deemed received upon being sent by first class mail, postage prepaid, at the address set forth below or to such other address subsequently designated in writing to the other party.
13. Arbitration. All disputes arising out of or in connection with this Agreement shall be settled by arbitration under the rules of the ATA, to which the parties declare to make explicit reference.
14. Attorney Fees. In the event that any suit or action is brought on this Agreement, the prevailing party shall be awarded costs and attorneys’ fees as determined by the court both at trial and upon any appeal therefrom.
15. Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns.
16. Validity and Severability. If any provision of this Agreement is held to be invalid, such event shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement, and the remainder shall be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision.
17. Applicable Law. The validity, interpretation, and performance of this Agreement, the Services, and any contract for Services shall be governed by the laws of the state of Oregon.
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.
HEALTH COACHING
PAYMENT INFORMATION:
Payments for each session are due immediately after services are rendered. You will receive an email invoice.
Payment options: cash, check (Breakaway Training), PayPal (breakawaytraining@comcast.net), Venmo (@breakawaycoaching) or credit card.
CHANGES, CANCELLATION and REFUND POLICIES:
Coaching sessions must be changed or cancelled 24 hours before your scheduled time. You cancel or change a session by email, voicemail or text (503-913-1671).
In the case of an emergency please let me know as soon as you can.
If you are more than ten minutes late and don’t show up: the session will be cancelled and you will be invoiced for the missed session.
If you are running late and have notified me: we will continue with the session minus the minutes lost.
CONFIDENTIALITY:
All information exchanged during the coaching sessions, through email or texting will be kept strictly confidential. I will not disclose confidential information that you share with me to anyone else, unless required by law, ethics, or upon authorization by you.
I am obligated to report any illegal activity by a client or admission of the client of the intent to commit an illegal act, or unless you present as a physical danger to yourself or others. In this case, I will inform legal authorities so that protective measures can be taken. In some cases, I may recommend further treatment by medical or mental health professionals.
Please know that unlike a physician or a lawyer our confidentiality agreement is not protected by law. Should it ever happen, I cannot claim in court to be unable to divulge the contents of our conversations.
ETHICAL CONDUCT:
BREAKAWAY Health and Wellness Coaching adheres to the ethical standards outlined in the International Coach Federation (ICF) Code of Ethics. For information on the ICF standards and practices for coaching, go to: www.coachfederation.org.
INTELLECTUAL PROPERTY RIGHTS:
Julie Browning / Breakaway Coaching retains all ownership rights to the materials provided during your coaching sessions. The copyrighted and original materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from me electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted materials, shall remain the sole property of Julie Browning / Breakaway Coaching, and no license to sell or distribute my materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the coaching materials.
PERSONAL RESPONSIBILITY:
Personal Responsibility and Assumption of Risk: You acknowledge that you take full responsibility for your well-being and all decisions made before, during and after your coaching sessions. I have used care in preparing the information provided to you, but all of my information, programs, and services are made available to you as tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the coaching session for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the coaching sessions, whether or not such risks were created or exacerbated by the coaching sessions.
DISCLAIMER:
Julie Browning, explicitly states that while serving in the role of a Health Coach, I am not, nor am I holding myself out to be a lawyer, accountant, therapist, counselor, doctor, or any other kind of position in any way at any time before, during or after your coaching sessions. Nothing contained in your coaching sessions is intended to be a substitute for other medical tools and services you may need. I am not providing medical or legal advice in any way. You should always seek the advice of your primary health care provider, counselor, or therapist. In a state of emergency please contact 911.
LIMITATION OF LIABILITY, INDEMNIFICATION AND RELEASE OF CLAIMS:
Julie Browning / Breakaway Coaching may not be held responsible in any way for the information that you request or receive through the coaching sessions. By signing this Agreement, you fully and completely hold harmless, indemnify and release Julie Browning / Breakaway Coaching and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against me or us, arising from your participation in or in any way related to the coaching sessions, even if we were aware in advance of the possibility of any such claim.
You are submitting your responses on the waiver form because you have read and agree to this Release Agreement.