Terms of Service | Endurance Forge

GENERAL TERMS, INFORMED CONSENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

Endurance Forge LLC

445 Wrybill Court, Loveland, CO 80537

Client Full Name:

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DECLARATIONS:

This Agreement is entered into between Endurance Forge LLC, a Colorado limited liability company (“Company”) and the undersigned (“client”, “I” or "You") as of the date set forth below. Company provides personalized coaching services to athletes. Coaching services may include consultation, fitness assessment, training plan, and advice on training, racing, nutrition, sleep, etc. The services will be provided remotely utilizing an online training calendar platform, email, phone calls, text messages, and video conferencing.

GENERAL TERMS OF SERVICE:

Pricing for Services offered:

Silver Coaching Package - $229/month

Gold Coaching Package - $359/month

Pricing for additional services such as training camps, form/technique analysis, etc. shall be determined by Company at the time of request/offer.

Availability of services for purchase and the pricing for such services may change, from time to time, at the sole discretion of the Company.

The services athletes receive with the purchase of a coaching package are as follows:

Silver Coaching Package Includes:

Free initial consultation
Free TrainingPeaks Premium athlete account
Tailor-made training plan delivered 2 weeks in advance
Weekly training analysis, feedback, and program adjustment to keep you progressing toward your goals
2x per month 30-60 minute phone or video call with your coach
Unlimited text communication to address your questions
Unlimited email messages with your coach (24-hour response window)
2x per year video analysis for running and/or swimming to improve your technique, efficiency, and enhance your sport longevity

Gold Coaching Package Includes:

Free initial consultation
Free TrainingPeaks Premium athlete account
Tailor-made training plan delivered 4 weeks in advance
2x per week training analysis, feedback, and program adjustment to keep you progressing towards your goals
Weekly 30-60 minute phone or video call with your coach
Unlimited text communication to address your questions
Unlimited email messages with your coach (24-hour response window)
4x per year video analysis for running and/or swimming to improve technique, efficiency, to and enhance your longevity

Payment is due in full at the time of purchase of a coaching package.

Schedules or time frames of the training sessions and other deliverables will be set forth or otherwise agreed upon, prior to the beginning of such program and at the point of purchase. Additional training requested by you will be scheduled with the coach at a mutually convenient time.

Coaching packages are subscription services and will automatically renew monthly, unless terminated, per the cancellation policy below.

One month minimum purchase. Refunds are not available after the start of a program. Near new equipment, as determined in the sole and absolute discretion of Company, purchased from Company may be returned for a full refund.

Cancellations of a scheduled in-person session, with less than 24hrs advance notice, will be charged 50% of the fee.

Cancellation of the coaching subscription must be made in writing to Company at scott@enduranceforge.com, 7 days prior to your next billing date. Partial month refunds are not offered. For example, if you are billed the first of every month and cancel on the 15th you will not receive a partial month refund. You will maintain access to your account through your paid-thru date regardless of your cancellation date. We cannot offer refunds for prior months you did not utilize the service.

The Company has the right to terminate its relationship with you at any time for any reason.

All content provided by Company to you related to its services is intellectual property of the Company, exclusively owned by the Company. Your purchase of Company services, such as a training plan, entitles you to a single, exclusive, limited, non-transferable license to such content for your personal use. This means that sharing the content with others is strictly prohibited and entitles Company to recover fees from you for any such content shared and all costs and fees associated with collection thereof, including but not limited to attorney fees and costs.

Client is responsible for having any necessary accessories or products needed for a session. This may include, but is not limited to: bicycle and/or stationary trainer, heart rate monitor, power meter, necessary footwear, clothing, etc.

Your consistency with training, your clarity on your training goals and your commitment to success will affect the results you experience. The Company provides guidance based upon its methods - your results may differ for a variety of reasons including, but not limited to, your lifestyle, your level of initial fitness, your age, and the time you have set to reach your goal. Company trainers will also vary in experience and approach. The Company provides the foundation of methodology and the trainer incorporates it into their training sessions as they see fit.

THE COMPANY MAKES NO GUARANTEE OF ANY PARTICULAR RESULTS FROM ITS LESSONS, THE CONTENT RELATED THERETO OR THE PRODUCTS SOLD THROUGH ITS WEBSITE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, BEING FREE FROM DEFECTS OR OTHERWISE.

INFORMED CONSENT:

I understand that the services and products offered by the Company do not guarantee any particular results or outcomes. You are engaging in a strenuous and potentially dangerous physical activity at your own risk. The services offered by the Company provide established, good practices for athletic training and racing, which should be shared with your medical doctor, prior to engaging in any activities or behaviors recommended through Company's training and/or coaching services. I agree to participate in one or more athletic training/coaching services(s) sponsored by Company, which may include, but not limited to, recorded, remote-live or in-person training instruction by any employee, contractor, affiliate, subsidiary or partnership of Company. I understand that my participation in any services sponsored by the Company is contingent upon my agreement to the terms and conditions set forth in this Agreement.

I hereby state that I am aware that the athletic training/coaching services which the Company offers and in which I desire to participate involve highly strenuous physical activity, which requires a high level of fitness, and are of a nature and kind that can include risk of serious injury, including death, due to the unpredictability of conditions affecting my training or individual physical activity or people or objects in proximity to me. I am under the care and supervision of a medical doctor with whom I have and will continue to consult with, prior to and while, engaging Company to provide athletic training and/or coaching or any physical activities directed by Company. I recognize and understand that the services are not without varying degrees of risk which may include, but are not limited to the following:

Injury to person or property, which can result in serious injury or death, injury or death due to negligence on the part of myself or other people around me, injury or death due to improper use, malfunction or failure of equipment, whether known or unknown by me. I am aware that any of these above-mentioned risks may result in serious damage to property or injury or death to myself and/or my co-participant(s).

ASSUMPTION OF RISK:

You agree that if you engage in any physical exercise or activity, including any athletic training, you do so at your own risk and assume the risk of any and all injury and/or damage you or your property may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from any instruction provided, or using any equipment, whether provided or made available to you by Company or otherwise, including injuries or damages arising out of the negligence of Company, whether active or passive, or any of Company's affiliates, employees, agents, representatives, successors, and assigns. You assume the risk of your participation in any training or instruction including, but not limited to, self-directed activities or endeavors.

I willingly assume full responsibility for any and all risks that I am exposing myself and others around me to as a result of my participation in Company's athletic training or coaching and accept full responsibility for any injury or death that may result from participation in any such services or activity. I am under the care and supervision of a medical doctor with whom I have and will continue to consult with, prior to and while, engaging Company to provide athletic training and/or coaching or any physical activities directed by Company. I hereby certify that I know of no medical or other problems that would increase my or my risk of injury or illness as a result of my participation in any services provided by Company. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in the Company’s services.

WAIVER AND RELEASE OF LIABILITY:

I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to forever waive, release and discharge Company (and its affiliates, related entities, employees, contractors, agents, representatives, successors, and assigns) from any and all responsibility, claims, damages, obligations, liability, or causes of action, whether known or unknown, arising out of or relating to the acts or omissions of Company, or any of their respective affiliates, employees, contractors, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any equipment which may malfunction or break, (b) negligent instruction or supervision, including training programs, dietary recommendations or other activities, and/or (c) Company’s negligent hiring or retention of employees.

INDEMNIFICATION:

By execution of this agreement, I hereby agree to forever indemnify, defend and hold harmless Company from any loss, liability, damage, obligation, responsibility, expense or cost Company may incur as a result of my actions or omissions or Company's provision of products, materials, instruction or other services to me. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Company, its principals, agents, employees, and volunteers from any liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in services offered by Company or using any products or equipment purchased from the Company.

ACKNOWLEDGMENTS:

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a waiver and release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Company, its employees, contractors, agents, representatives, successors or assigns for Company's negligence, or for any defective product or equipment purchased from Company, whether or not used while receiving instruction from Company. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

By signing below, you acknowledge and agree to all of the terms and conditions contained in this Agreement, as of the date set forth below:

_____________________________________

Name: _______________________________

Date Signed: __________________________