Swim Bike Train Participation
Waiver and Acknowledgement
I acknowledge that training for and/or participating in a fitness activities such as strength training, bicycling, running, swimming, and triathlon are an extreme test of a person’s physical and mental limits and such training or participation poses potential risks of serious bodily injury, death, or property damage. With full understanding of the risks I am taking, I HEREBY ASSUME ALL THE RISKS OF TRAINING FOR AND PARTICIPATING IN SUCH ACTIVITIES, TRAINING and EVENTS and agree to the following:
Swim Bike Mom, LLC (“SBM”) is a Georgia limited liability company owned and operated by Meredith Atwood, a business whose services also include triathlon coaching and training. SBM has independent contractors and coaches who may, from time to time, work with SBM for training plans and promotions (the "Training Plans"). I have purchased the Training Plans to assist me in the improvement of my fitness in the sport of triathlon.
I hereby attest that I am in good health and my physical condition has been verified by a licensed medical doctor and, furthermore the licensed medical doctor has been advised that I intend to participate in these activities.
I further understand that SBM is not responsible for any conclusions drawn by myself, nor any losses, injuries or illnesses that results directly or indirectly from attempting the recommendations in this coaching program. By signing and participating, I am choosing of my own free will to apply and of the presented concepts. Therefore, I specifically and completely accept and assume the risks inherent in undertaking any exercise program.
No part of SBM coaching or training plans may be reproduced or distributed in any form or by any means. Duplicating, sharing or uploading product content to sharing sites is considered stealing, and we will prosecute to the full extent of the law. The training plan and all supporting materials are solely for your personal, noncommercial use. I understand and agree fully that I may not use them or the information provided in a manner that constitutes an infringement of the rights of SBM, unless expressly authorized in writing by SBM.
In consideration of being accepted as a client by SBM, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf:
(a) I WAIVE, RELEASE, AND DISCHARGE from any and all claims, costs, or liabilities for death, personal injury or damages of any kind, which arise out of or relate to my training, THE FOLLOWING PERSONS OR ENTITIES: Swim Bike Mom, LLC, Meredith Atwood, Swim Bike Sell, LLC, and all its agents and assigns;
(b) I AGREE NOT TO SUE any of the persons or entities mentioned above for any of the claims, costs or liabilities that I have waived, released or discharged herein; and
(c) I INDEMNIFY, DEFEND, and HOLD HARMLESS the persons or entities mentioned above from any claims made or liabilities assessed against them as a result of my actions except those resulting from the willful acts or gross negligence of entities mentioned above.
I agree to first mediate any disputes between myself and SBM within the legal jurisdiction of Fulton County, Georgia.
I AFFIRM THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY ACCEPTING THE TERMS OF THIS DOCUMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS AND AM INCURRING SIGNIFICANT LEGAL LIABILITIES. I HAVE BEEN SPECIFICALLY ADVISED TO CONSULT WITH AN ATTORNEY IF I DO NOT UNDERSTAND ANY PORTION OF THIS RELEASE AND AGREEMENT.
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