Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of being permitted to participate in the training program of Coach Sabrina Santos and Because Run LLC, I, for myself, my heirs, executors, personal representatives and assigns, do hereby release, wave, covenant not to sue and discharge Coach Sabrina Santos and Because Run LLC from liability from any and all claims including negligence resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the athletic training program.
Assumption of Risks: I understand that participation in running and fitness programs carries with it a certain inherent risk that cannot be eliminated regardless of the care taken to avoid injuries. I understand that running and athletic training of all types are potentially hazardous activities and I certify that I am in good mental and physical health, and am physically fit to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training, which by way of example may include but are not limited to:
1) Minor injuries such as scrapes, bruises, sprains, 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 hydrations conditions such as hyponatremia;
3) Serious long term, life altering injuries such as tears of major muscle, fiber and tendons, or degeneration of bones and cartilage, and;
4) Catastrophic injuries and conditions such as heart attacks and other injuries or conditions that could be fatal.
I agree that an examination by a physician should be obtained by all individuals prior to participating in training for physical fitness and endurance training programs. If I have chosen not to obtain a physician’s permission prior to participating in the training, I hereby agree that I am doing so at my own risk. I understand that Coach Sabrina Santos and other instructors of Because Run LLC are not physicians and do not give medical advice. I agree to consult my physician if I become pregnant or if any illness, injury, discomfort or other health problem or condition arises that may affect my ability to participate in the Because Run LLC training programs. I understand that proper diets is a critical function of my health, and that the services and advice offered by Because Run LLC are not those of a physician or medical treatment facility, and should not be sued as a substitute for those services. I further understand and agree that all food and nutritional suggestions made by Coach Sabrina Santos or other affiliates of Because Run LLC are not medical advice.
I understand that I assume the risks associated with but not limited to my participation in running, following any written or verbal coaching recommendations, use of outdoor running environments, use of any sports or training equipment, and/or following any suggested stretches or developmental activities.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless Coach Sabrina Santos and Because Run LLC from any and all claims, actions, suits, procedures, costs, expenses, damages, or liabilities, including attorney’s fees brought as a result of my involvement in the training programs of Coach Sabrina Santos and Because Run LLC.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement fully and understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability.
Severability: I agree that the foregoing release, waiver, assumption of liability and indemnity agreement is intended to be as broad and inclusive as permitted by the law, and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect. In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained in this Agreement shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (for example, a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
Other Rights: I agree that the Sabrina Santos and Because Run LLC may make recordings of me (including, without limitation, photographs, video and voice recordings), and I hereby grant her and her agents and representatives the perpetual, royalty-free, irrevocable right and license to use such recordings and my name, voice, likeness and biographical information (including, without limitation, my height, weight, personal records, accomplishments in track and field and results in connection with my training at with Because Run LLC) for advertising and promoting Because Run LLc and its services, worldwide, in any media (including, without limitation, print, digital, internet and social media). I understand that there will be no form of compensation given to me for the use of the photos, media or recordings (or my name, voice, likeness or biographical information) now or in the future, and I hereby release Because Run LLC and its agents and representatives from any and all claims associated with such recordings (or my name, voice, likeness or biographical information), including, without limitation, any commercial, publicity and privacy rights I may have.
Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California in Madera County, without regard to the jurisdiction in which any action or special proceeding may be instituted.