Waiver and Assumption of Risk
No Limit Media LLC, d.b.a. bradgansberg.com and/or Brad Gansberg (hereinafter “NLM”), hereby offers to coach you in either the “Running 101” or Running 201” program (hereinafter the “Programs”).
These Programs are designed to assist individuals in their efforts to learn to run a 5K or a 10K.. NLM does not guarantee that any participant in the Program will be successful.
To participate in one or both of the the above mentioned programs, you agree to the following terms:
1. I am over the age of eighteen (18) and sign this agreement with a full and complete understanding of the terms herein. I acknowledge that my participation in the Programs is voluntary.
2. I have no known medical condition or ailment (including, without limitation, pregnancy, high blood pressure, heart or lung diseases or conditions, or injuries) and I have received my medical doctor’s permission to participate in the Programs. I understand that all exercise programs include risks to health and safety and I assume all responsibility for my health and safety. I agree and acknowledge that I will be solely responsible for my health and safety and will consult with a doctor prior to and during the Programs, as I deem necessary. I acknowledge that NLM has no medical expertise or experience and that NLM may provide advice, suggestions or directions that cause me illness or injury.
3. Assumption of Risk: I acknowledge that my participation in the Programs may cause me to suffer temporary or permanent illness or injury and I assume all risk and responsibility for my health, safety and well being. During and after my participation in the Programs, I shall assume all responsibility for and risk to my health and safety, including without limitation, all potential illnesses or injuries, whether temporary or permanent, including those that lead to death. This assumption of risk applies to any and all accidents or injuries arising directly or indirectly from my participation in the Programs and/or activities directed, suggested or planned by NLM.
4. Waiver: I hereby release, waive and discharge NLM, its owners, officers, employees, volunteers and agents from liability for any and all claims, including permanent injuries and death, arising from my participation, directly or indirectly in the Programs. This waiver applies to any and all accidents or injuries arising directly or indirectly from my participation in the Programs and/or activities directed, suggested or planned by NLM.
5. Indemnification and hold harmless: I agree to indemnify and hold harmless NLM, its owners, officers, employees, volunteers, agents and insurance carriers from all claims (whether initiated by me or by a third party) and to reimburse them for any expenses incurred as a result of my involvement with NLM and the Programs. I further agree to pay all expenses, including court costs and attorneys’ fees, incurred by NLM and the aforementioned parties in investigating and defending a claim or suit resulting from my participation in the Programs or any other activities offered by or through NLM.
6. Severability and Venue: I further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law in the State of New York, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I agree to the jurisdiction of the courts of the State of New York.
7. Acknowledgment of Understanding: I have read this Waiver and Assumption of Risk agreement and fully understand its terms. 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 my electronic signature to be a complete and unconditional release of all liability for injury resulting from my participation in the Programs and/or any other activities proposed by NLM, to the greatest extent allowed by law in the State of New York.
This Agreement shall be governed by and interpreted under the laws of the State of New York.