Monday, February 1, 2016

EC Boulder Waiver

Endurance Corner, LLC

WAIVER AND RELEASE FROM LIABILITY

Endurance Corner LLC (the “Company”) and the person below (the “Athlete”; together the “Parties”) confirm their agreement to the terms contained in this waiver and release from liability agreement (the “Agreement”).

In consideration for joining the Endurance Corner multi-sport club for the purposes of improving my fitness, the Athlete hereby attests that:

  1. a licensed medical doctor has given me clearance to undertake extremely strenuous physical activity, including maximal effort training and athletic competition;
  2. I understand the risks inherent in triathlon training, including (but not limited to) cycling on roads open to traffic, trail running and high volume endurance training;
  3. my statements in the attached Medical History Questionnaire are accurate;
  4. I have disclosed all material facts as they pertain to my undertaking athletic training and competition;
  5. I fully understand the risk inherent in undertaking a fitness program and accept for myself, my heirs, and my personal representatives full responsibility for personal bodily injury, death, or property losses that may occur as a result of my being a part of this program or engaging in training sessions.

In exchange for the provision of goods and services at the EC Boulder camp, the Athlete agrees to pay the Company $1095.00 (plus an applicable processing fees) within two weeks of online registration (by mail or credit card).

If the Athlete notifies the Company prior to June 1, 2015 that the Athlete wishes to terminate this agreement then the Company shall refund all funds received from the Athlete less $100 and any applicable credit card fees to cover administrative expenses.

The Athlete confirms his/her agreement that subsequent to June 1, 2015, all refunds are made at the sole discretion of the Company. .

Medical Certification: The Athlete hereby certifies that a licensed medical doctor has given the athlete clearance to undertake extremely strenuous physical activity, including maximal effort training and athletic competition. The Athlete further certifies that all of the statements regarding Medical History responded to in the registration process are complete, accurate, and not misleading in any respect.

This document is my release and authorization under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This release and authorization applies to any information governed by HIPAA. I understand that this release and authorization is voluntary. In the event of an accident or medical emergency, I authorize Endurance Corner to give, disclose, and release to any emergency medical personnel, doctors, hospital or other medical care facility of any kind, any and all of my the health information and/or medical records within its knowledge or possession. I release Endurance Corner from any and all liability for such release of my health information and/or medical records to such parties.

Indemnity, Waiver and Release From Liability: The Athlete hereby indemnifies, holds harmless, waives and releases from liability Endurance Corner, LLC, its directors, officers, employees, associates and assigns from any loss, liability, damage and cost I may incur due to my participation in this program.

Intent: The Athlete affirms that it is his/her express intent to indemnify, hold harmless, waive and release from liability Endurance Corner, LLC, its directors, officers, employees, associates and assigns from any loss, liability, damage and cost I may incur due to my participation in this program. The Athlete further affirms that his/her express intent is made with full knowledge and awareness of its consequences. The Athlete further affirms that it is his/her strongest wish and desire that his/her intent be binding on him/her.

Total Agreement: The Athlete confirms to have read and voluntarily signed this waiver and release from liability, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

Governing Law: This Agreement has been made, delivered and is intended to be performed in the Sate of Colorado and shall be construed in accordance with the laws of the State of Colorado. The Parties hereby agree that in the event any dispute arises (1) over the interpretation or enforcement of this Agreement, or (2) over any issue regarding the Athlete's participation in the program, that the parties consent to arbitrate the dispute before the Judicial Arbiter Group located at 1601 Blake Street, Denver, Colorado. All Parties expressly consent to such jurisdiction and venue.

Severability: If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, then such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

Medical Accident Policy: Endurance Corner LLC maintains an insurance policy for medical expenses associated with accidental injury. The insurance is secondary to any coverage that the Athlete has in place and capped at a maximum liability of $25,000 per occurrence.

Counterparts: This Agreement may be executed in counterparts, all of which shall have full force and effect. A photocopy of this Agreement may be used in lieu of an original in any action or proceeding brought to enforce or construe this Agreement.

Facsimile signatures: Facsimile signatures and counterparts shall be considered as originals and as one and the same instrument.

Integration: This Agreement and its terms and provisions constitute the entire agreement of the Parties and a complete merger of all prior negotiations and agreements, which are hereby expressly superseded by this Agreement. This Agreement shall not be changed, modified or amended and no waiver of any provision of this Agreement shall be effective except by written instrument, specifying that it amends this Agreement and signed by the Parties or their authorized representatives.

Costs: The prevailing party in any action arising out of, or related to, this Agreement shall be entitled to all attorney’s fees and expenses.

Headings: The headings of paragraphs herein are intended solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement.