WAIVER OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT WARNING:
PLEASE READ THIS DOCUMENT CAREFULLY. I UNDERSTAND AND AGREE THAT THE FOLLOWING IS A COMPLETE RELEASE AND WAIVER, AND THAT BY SIGNING IT, I GIVE UP ANY CLAIM FOR INJURY OR ILLNESS OF ANY KIND, INCLUDING RESULTING IN MY DEATH, OR LOSS OR DAMAGE TO MY PERSONAL PROPERTY. I FURTHER UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, I WAIVE MY RIGHT TO A JURY TRIAL. WAIVER:
In agreeing to participate in Tom Bell’s Training Plans, I, for myself, my agents, attorneys, representatives, affiliates, heirs and assigns, and all persons claiming by, through, for or under me or any of them or on my or any of their behalf, do hereby release, waive, covenant not to sue and discharge Tom Bell with his and its affiliates and its and his respective predecessors, successors, and assigns, both jointly and severally, and its and their current and former officers, directors, employees, agents, representatives, members, shareholders, owners, partners, heirs, executors, and administrators, of and from any and all manner of actions and causes of action, suits, debts, claims (including the negligence of Tom Bell), liabilities, and demands whatsoever in law or in equity which I or they ever had, or now have, or may have, or which my heirs, executors, or administrators hereafter may have by reason of any matter, cause, or thing whatsoever (collectively, “Claims”), including but not limited to any and all Claims, arising from or out of, or in any way related to, personal injury, accidents or illnesses (including death), and property loss arising from or out of, or in any way related to, but not limited to, participation in a running, walking, cycling, swimming, conditioning, multi-sport and/or any other athletic training program (collectively, “Training Plans”).
ASSUMPTION OF RISKS: Participation in Training Plans carries with it certain risks that cannot be eliminated regardless of the care taken to avoid injuries. I recognise that cycling is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a Training Plan. I acknowledge that I am aware of the many risks involved in athletic training in general and cycling training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat-related injuries such as heat stroke and heat exhaustion, dehydration and over-hydration conditions such as hyponatremia, and 3) catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraph and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road cycling and racing and any conditioning and cross- training activities associated with participating in Training Plans. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD HARMLESS Tom Bell, from and against any and all losses, liabilities, obligations, damages, Claims, judgments, assessments, penalties, costs and expenses, including attorneys’ and other professionals’ fees and disbursements based upon, attributable to, resulting from, or in any way related to, the breach or violation of any agreement, covenant, obligation or other provision set forth herein, or based upon, attributable to, resulting from, or in any way related to, my involvement in Tom Bell’s Training Plans and Coaching Services.
ACKNOWLEDGMENT OF UNDERSTANDING: I have read this Waiver of Liability, Assumption of Risks, and Indemnity Agreement, fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature for it to be a complete and unconditional release of all liability to the greatest extent allowed by law. In consideration of the acceptance of my application for coaching by Tom Bell and the coaching services provided by Tom Bell to me, I agree as follows: I hereby acknowledge that I have read and understand the section of the Tombell.co website entitled “Training Plans” and agree to abide by all terms set forth therein, including payment terms. I further understand and agree that all fees are non-refundable. This Agreement represents the complete understanding between the parties regarding the matters covered by this Agreement, and I have not relied upon any oral statements or representations other than what is set forth in writing in this Agreement. This Agreement may not be modified, unless such modification is embodied in a writing executed by Tom Bell. All claims, disputes, questions, or controversies arising out of or related to this Athlete Waiver and Release, Assumption of Risk and Indemnification Agreement, including without limitation the construction or application of any of the terms, provisions, or conditions of this Agreement or any claims arising out of or related to my participation in any activity related to or ancillary to the Tom Bell Training Plans. I have carefully read this agreement and understand that it is a release and waiver of liability, an agreement to indemnify Tom Bell, and a promise not to sue or make a claim and is intended to be as broad as possible (the “Release”). I am aware that this Release is a contract between the Released Parties and me and that I cannot participate in any of Tom Bell’s training plans unless I enter into this Release, which I am doing of my own free will. In executing this Release, I acknowledge that I have not relied on any representations, inducements or promises made by the Released Parties and that I am under no obligation of any kind to sign this Release (other than as a condition of participating in Tom Bell’s training programs). I further represent that I am at least 18 years of age at the time I execute this Agreement. This waiver, release and indemnification agreement specifically embraces each and every activity sanctioned, authorised or promoted by the Released Parties and applied to each and every program or activity in which I may participate with Tom Bell or a Released Party, and has the same effect as if executed after each and every activity or program in which I participate so that the parties herein intended to be released and indemnified shall be fully and effectively released and indemnified as to each and every event herein above described.