In consideration of the risk of injury while participating in Personal Coaching/Training (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Source Endurance LLC, located at 6 Foxborough Ct. Heath, TX 75032, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Source Endurance LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Source Endurance LLC incurs any of these types of expenses, I agree to reimburse Source Endurance LLC.
I acknowledge that Source Endurance LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Source Endurance LLC.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, volunteers, spectators, coaches, event officials, and event monitors, and or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Source Endurance LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims of causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Source Endurance LLC for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Source Endurance LLC, its agents and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Source Endurance LLC will bill your credit card on a recurring basis every thirty days based on the date of your registration. Source Endurance LLC charges your credit card for the coming month’s services. We do not charge in advance past the coming month. We reserve the right to bill for a prorated period to align your billing date to the first of the month.
We require an initial six month commitment. In agreeing to these terms you agree to maintain your subscription for a minimum period of six months. Following the expiration of the initial six month term you may cancel your subscription by providing Source Endurance LLC with a 30 day notice in the form of an email or by faxing request for cancellation. Your request will be effective 30 days from date of receipt of the request. During the 30 day period subsequent to receipt of cancellation request by Source Endurance, your training schedule will be maintained and you will be billed for services.
Cancellation requests can be sent to Source Endurance via e-mail or fax. Email requests for cancellation can sent to firstname.lastname@example.org.
Clients who choose to leave prior to the end of the initial six month service term commitment will be charged through the end of the term commitment. If we are unable to successfully collect the outstanding fees for the committed term via the credit card information on file, we will pursue collection through standard commercial means.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Source Endurance LLC agree that this Agreement is clear and unambiguous as to its term, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, constructed and enforced as so limited.
By continuing I, affirm that I am of the age of 18 years or older, and that I am freely entering into this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract that I am signing it of my own free will.