TERMS AND CONDITIONS

Coaching Clinic WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK and INDEMNITY

Each individual attending Dr. Jack Daniels’ VDOT Coaching Clinic assumes all risks associated with his/her attendance and participation in all on and off site activities that occur during this time. By registering you agree to indemnify and hold harmless The Run SMART Project, LLC., Finish Line PT and all of their
agents assisting with the event, sponsors and their representatives and employees from all loss, damage
or liability arising out of or related to your attendance and participation.

I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record of this event for any legitimate purpose.

By registering, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above waiver.

Private Coaching

PERSONAL SERVICES AGREEMENT AND WAIVER (“Agreement”) The Run S.M.A.R.T. Project, LLC. offers personal coaching services under the following Terms and Conditions:

I. Coaching Packages

1. Term and Compensation

A. Term This Agreement commences on the date the athlete (each a “Member”) electronically confirms acceptance of these Terms and Conditions or otherwise executes this Agreement (“Effective Date”). Member agrees to pay TRSP to obtain the Services for an Initial Term, as detailed in the Coaching and/or Nutrition Package Member selected during enrollment. UPON COMPLETION OF THE INITIAL TERM, AND THEREAFTER, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ADDITIONAL TERM(S) EQUAL TO THE INITIAL TERM (“RENEWAL TERM(S)”), UNLESS EARLIER TERMINATED PURSUANT TO SECTION 2.

B. Coaching Service Fees (“Coaching Fees”) (i) Member will receive the Services outlined in the Coaching and/or Nutrition Package selected during enrollment and subject to payment of the Coaching Fees. Payment for Coaching Fees is made in advance each month through PayPal unless other arrangements are approved in advance by TRSP. Each month, TRSP will automatically charge Member’s account if Member commits to a 3-month or 6-month package. In that case we will charge Member’s account every 30 days for the specified commitment. Any additional fees for other TRSP offerings must be mutually agreed upon in advance and in writing prior to TRSP performing the Service. (ii) Member may upgrade the Coaching Package selected at any time and the Coaching Fees associated with such upgraded Coaching Package will be adjusted on a pro-rata basis. Member agrees that, at Member’s expense, he/she shall initiate telephone consultations and e-mail correspondence relating to the Services, unless negotiated otherwise during the initial consultation upon registering. TRSP coach will respond as soon as possible and in the order received. C. Registration Fee Member agrees to pay an initial non-refundable registration fee upon enrollment, as identified in the Coaching Package. TRSP reserves the right to increase or otherwise modify this initial fee in its sole discretion. TRSP reserves the right to terminate agreement by written notice. Refund of any coaching fees will be applied only if termination occurs during first 7 days of the month. 2. Termination A. By Member (i) During the first thirty (30) days of the Initial Term (“Initial 30 Day Period”):

If Member is dissatisfied with the Services performed by TRSP during such Initial 30 Day Period, Member may elect to seek a refund of the Coaching Fees paid (exclusive of the non-refundable registration fee) and terminate this Agreement, provided that TRSP promptly receives notice in writing of Member’s intent to terminate prior to the expiration of the Initial 30 Day Period, but in no event later than forty (48) hours from expiration of the Initial 30 Day Period. Failure by Member to provide the requisite notice will render this provision null and void and terminate any obligation by TRSP to refund any Coaching Fees under this Agreement. This refund in the Initial 30 Day Period does not apply to month-to-month coaching packages.

(ii) After the Initial 30 Day Period: MEMBER MAY NOT TERMINATE THIS AGREEMENT DURING THE INITIAL TERM, UNLESS TERMINATED DURING THE INITIAL 30 DAY PERIOD SET FORTH IN THIS SECTION 2A(i) (EXCLUDES MONTH-TO-MONTH PACKAGES). Member may terminate this Agreement without cause upon expiration of the Initial Term, provided that TRSP has received in writing, Member’s intention not to renew at least thirty (30) days prior to the expiration of the Initial Term. Member agrees that he/she will be responsible to pay the one-month Coaching Fee applicable to this thirty (30) day notice period. Additionally, if termination occurs prior to the expiration of the Initial Term, Member agrees that he/she shall also be responsible to pay TRSP a lump sum payment equal to seventy-five percent (75%) of the Coaching Fees applicable to the remaining months of the Initial term, with such payment to be received by TRSP on or before expiration of the thirty (30) day notice period. Month-to-month coaching packages may cancel at any time with a (14) day written notice.

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK and INDEMNITY

RELEASE AND ASSUMPTION OF RISK:

MEMBER REPRESENTS THAT MEMBER IS AT LEAST EIGHTEEN (18) YEARS OF AGE. FURTHER, MEMBER UNDERSTANDS AND AGREES THAT: (I) PARTICIPATION IN THE SERVICES IS VOLUNTARY; (II) THE SERVICES MAY REQUIRE INTENSE PHYSICAL ACTIVITY; (III) AND THAT SUCH

PARTICIPATION CARRIES WITH IT CERTAIN AND INHERENT AND UNAVOIDABLE RISKS, INCLUDING AN INCREASED RISK OF SERIOUS ILLNESS, INJURY, PARALYSIS, OR EVEN DEATH. WITH FULL AWARENESS OF SUCH RISKS, MEMBER AGREES THAT MEMBER ASSUMES THE RISK OF PARTICIPATING IN THE SERVICES. MEMBER CERTIFIES THAT MEMBER IS PHYSICALLY FIT AND SUFFICIENTLY TRAINED FOR PARTICIPATION IN THE SERVICES AND THAT MEMBER HAS NOT BEEN ADVISED AGAINST PARTICIPATION BY A NON-CERTIFIED RUNNING COACH. MEMBER UNDERSTANDS AND AGREES THAT MEMBER IS SOLELY RESPONSIBLE FOR ARRANGING ANY LODGING, TRANSPORTATION, EQUIPMENTS AND OTHER RELATED TRAVEL ACCOMMODATIONS AND ALL EXPENSES NEEDED BY MEMBER TO PARTICIPATE IN THE SERVICES (“MEMBER EXPENSES”). TRSP IS NOT LIABLE FOR ANY SUCH MEMBER EXPENSES FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CANCELLATION OF THE SERVICES. MEMBER AGREES THAT MEMBER IS VOLUNTARILY PARTICIPATING IN THE SERVICES, WHETHER CURRENTLY, OR IN THE FUTURE, WITH THE KNOWLEDGE OF THE NUMEROUS RISKS AND DANGERS INVOLVED AND TRSP SHALL BEAR NO RESPONSIBILITY OR LIABILITY INCLUDING, WITHOUT LIMITATION, (I) NEGLIGENCE IN ANY MANNER ON THE PART OF TRSP IN THE CONDUCT OR ARRANGEMENT OF THE SERVICES, (II) EQUIPMENT INCLUDING, WITHOUT LIMITATION, SELECTION, ASSEMBLY, SHIPPING, PACKING, HANDLING, STORAGE, FAILURES OR MAINTENANCE; (III) THE MAINTENANCE OR OPERATION OF ANY VAN OR OTHER MOTOR VEHICLE UTILIZED TO TRANSPORT ANY MEMBERS OR ANY OTHER TRANSPORTATION FAILURE, REGARDLESS OF THE MODE OF TRANSPORTATION; (IV) PHYSICAL EXERTION FOR WHICH I AM NOT PREPARED; (V) RISK ASSOCIATED WITH FOOD, IMPURE WATER OR OTHER BEVERAGES; (VI) CRIMINAL ACTIVITY; (VII) DANGERS ASSOCIATED WITH WILD OR OTHER ANIMALS; (VIII) HIGH ALTITUDE, ACCIDENT OR ILLNESS WITHOUT ACCESS TO MEANS OF RAPID EVACUATION OR AVAILABILITY OF MEDICAL SUPPLIES OR SERVICES AND/OR THE AVAILABILITY OR ADEQUACY OF MEDICAL ATTENTION ONCE PROVIDED; OR (IX) LOST, STOLEN OR MISPLACED LUGGAGE OR PROPERTY. MEMBER ACKNOWLEDGES THAT THE ENJOYMENT DERIVED FROM PARTICIPATING IN THE SERVICES AND THE INHERENT RISKS ASSUMED ARE BEYOND THE ACCEPTED SAFETY OF LIFE AT HOME OR WORK. MEMBER HEREBY AGREES TO BE RESPONSIBLE FOR HIS/HER OWN WELFARE AND ACCEPTS ANY AND ALL RISK OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH. MEMBER FULLY DISCHARGES AND COVENANTS TO TRSP THAT MEMBER, NOR ANY OTHER PARTY ON BEHALF OF MEMBER WILL SUE OR THREATEN TO SUE TRSP AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS TRSP, TRSP’S REPRESENTATIVES, DIRECTORS, AGENTS, EMPLOYEES, OFFICERS, VOLUNTEERS, OTHER MEMBERS, ANY SPONSORS, ADVERTISERS AND IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES ON WHICH THE SERVICES MAY TAKE PLACE (EACH CONSIDERED ONE OF THE “RELEASES” HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON THE MEMBER’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.

INDEMNIFICATION

IN CONSIDERATION OF TRSP’S ACCEPTANCE OF MEMBER’S REQUEST TO PARTICIPATE IN THE SERVICES, MEMBER HEREBY INDEMNIFIES, RELEASES AND FOREVER DISCHARGES TRSP AND ANY TRSP REPRESENTATIVE FROM ANY LIABILITY, CLAIMS, LOSSES, COSTS, OR EXPENSES, AND WAIVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST TRSP ARISING DIRECTLY OR INDIRECTLY FROM MEMBER’S PARTICIPATION IN THE SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES, INCLUDING ATTORNEY’S FEES, WHETHER CAUSED IN WHOLE OR IN PART FROM THE SERVICES OR ANY INSTRUCTION OR TRAINING ASSOCIATED WITH THE SERVICES AND WHETHER BASED UPON THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY. THIS RELEASE SHALL BE BINDING UPON MEMBER’S HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVE. MEMBER HEREBY FURTHER STATES THAT MEMBER CURRENTLY SUFFERS FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR HIS/HER ABILITY TO FULLY PARTICIPATE IN THE SERVICES. MEMBER HEREBY ACKNOWLEDGES THAT TRSP MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. MEMBER, NOT TRSP, IS PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS.

Requirements to Obtain Services if Under the Age of 18

For membership of individuals under the age of 18, a written agreement executed by a parent or legal guardian is required. For purposes of this Agreement, the term “Member” shall include the parent or legal guardian. Further, Member agrees that if, despite the release hereunder, the minor Member or anyone on the minor Member’s behalf makes a claim against any of the Releases named above, minor Member, minor Member’s parent and/or legal guardian will indemnify, save and hold harmless each of the Releases from any liabilities including, without limitation, litigation expenses, attorney’s fees, damage or cost incurred as a result of, or in any way, associated with any such claim. This terms and conditions of this Agreement may not be amended or modified without the express written consent of TRSP and any attempt to do so shall be null and void. Member may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of TRSP. The Services are not transferable. This Agreement, together with the terms and conditions of the Coaching Package, as well as any Waiver, constitute the complete and exclusive statement of all mutual understanding between the parties with respect to the subject matter hereof, superseding all prior proposals, communications and understandings, oral or written. As part of this Agreement and for no additional consideration or agreement, TRSP may request the consent of the Member to use the Member’s name, image, likeness, and video training, for promotional purposes and any such consent by Member shall not be unreasonably withheld.

RETREAT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK and INDEMNITY

PARTICIPATION CARRIES WITH IT CERTAIN AND INHERENT AND UNAVOIDABLE RISKS, INCLUDING AN INCREASED RISK OF SERIOUS ILLNESS, INJURY, PARALYSIS, OR EVEN DEATH. WITH FULL AWARENESS OF SUCH RISKS, PARTICIPANT AGREES THAT PARTICIPANT ASSUMES THE RISK OF PARTICIPATING IN THE RETREAT. PARTICIPANT CERTIFIES THAT PARTICIPANT IS PHYSICALLY FIT AND SUFFICIENTLY TRAINED FOR PARTICIPATION IN THE RETREAT AND THAT PARTICIPANT HAS NOT BEEN ADVISED AGAINST PARTICIPATION BY A NON-CERTIFIED RUNNING COACH. PARTICIPANT AGREES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE RETREAT, WHETHER CURRENTLY, OR IN THE FUTURE, WITH THE KNOWLEDGE OF THE NUMEROUS RISKS AND DANGERS INVOLVED AND TRSP SHALL BEAR NO RESPONSIBILITY OR LIABILITY INCLUDING, WITHOUT LIMITATION, (I) NEGLIGENCE IN ANY MANNER ON THE PART OF TRSP IN THE CONDUCT OR ARRANGEMENT OF THE RETREAT, (II) EQUIPMENT INCLUDING, WITHOUT LIMITATION, SELECTION, ASSEMBLY, SHIPPING, PACKING, HANDLING, STORAGE, FAILURES OR MAINTENANCE; (III) THE MAINTENANCE OR OPERATION OF ANY VAN OR OTHER MOTOR VEHICLE UTILIZED TO TRANSPORT ANY PARTICIPANTS OR ANY OTHER TRANSPORTATION FAILURE, REGARDLESS OF THE MODE OF TRANSPORTATION; (IV) PHYSICAL EXERTION FOR WHICH I AM NOT PREPARED; (V) RISK ASSOCIATED WITH FOOD, IMPURE WATER OR OTHER BEVERAGES; (VI) CRIMINAL ACTIVITY; (VII) DANGERS ASSOCIATED WITH WILD OR OTHER ANIMALS; (VIII) HIGH ALTITUDE, ACCIDENT OR ILLNESS WITHOUT ACCESS TO MEANS OF RAPID EVACUATION OR AVAILABILITY OF MEDICAL SUPPLIES OR SERVICES AND/OR THE AVAILABILITY OR ADEQUACY OF MEDICAL ATTENTION ONCE PROVIDED; OR (IX) LOST, STOLEN OR MISPLACED LUGGAGE OR PROPERTY. PARTICIPANT ACKNOWLEDGES THAT THE ENJOYMENT DERIVED FROM PARTICIPATING IN THE RETREAT AND THE INHERENT RISKS ASSUMED ARE BEYOND THE ACCEPTED SAFETY OF LIFE AT HOME OR WORK. PARTICIPANT HEREBY AGREES TO BE RESPONSIBLE FOR HIS/HER OWN WELFARE AND ACCEPTS ANY AND ALL RISK OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH. PARTICIPANT FULLY DISCHARGES AND COVENANTS TO TRSP THAT PARTICIPANT, NOR ANY OTHER PARTY ON BEHALF OF PARTICIPANT WILL SUE OR THREATEN TO SUE TRSP AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS TRSP, TRSP’S REPRESENTATIVES, DIRECTORS, AGENTS, EMPLOYEES, OFFICERS, VOLUNTEERS, OTHER PARTICIPANTS, ANY SPONSORS, ADVERTISERS AND IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES ON WHICH THE RETREAT MAY TAKE PLACE (EACH CONSIDERED ONE OF THE “RELEASES” HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON THE PARTICIPANT’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. IN CONSIDERATION OF TRSP’S ACCEPTANCE OF PARTICIPANT’S REQUEST TO PARTICIPATE IN THE RETREAT, PARTICIPANT HEREBY INDEMNIFIES, RELEASES AND FOREVER DISCHARGES TRSP AND ANY TRSP REPRESENTATIVE FROM ANY LIABILITY, CLAIMS, LOSSES, COSTS, OR EXPENSES, AND WAIVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST TRSP ARISING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S PARTICIPATION IN THE RETREAT, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES, INCLUDING ATTORNEY’S FEES, WHETHER CAUSED IN WHOLE OR IN PART FROM THE RETREAT OR ANY INSTRUCTION OR TRAINING ASSOCIATED WITH THE RETREAT AND WHETHER BASED UPON THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY. THIS RELEASE SHALL BE BINDING UPON PARTICIPANT’S HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVE. PARTICIPANT HEREBY FURTHER STATES THAT PARTICIPANT CURRENTLY SUFFERS FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR HIS/HER ABILITY TO FULLY PARTICIPATE IN THE RETREAT.