Last Updated: December 10th, 2013
This Agreement commences on the date a Member electronically confirms acceptance of this Agreement or otherwise executes this Agreement (“Effective Date”).
1. Private Coaching Subscription.
Member agrees to pay TRSP to obtain Private Coaching Services for an Initial Term, as detailed in the Coaching 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 SUBSECTION C BELOW.
a. Coaching Service Fees
Member will receive the Private Coaching Services outlined in the Coaching Package selected during enrollment in exchange for payment of the Coaching Service Fees quoted therein (“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, 6-month, or 1-year package. Any additional fees for other TRSP offerings must be mutually agreed upon in advance and in writing to email@example.com prior to TRSP performing the Service.
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 Private Coaching Services, unless negotiated otherwise during the initial consultation upon registering. TRSP coach will respond as soon as possible and in the order received.
b. Registration Fee
In addition to the Coaching Fees, 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.
i. During the first thirty (30) days of the Initial Term (“Initial 30 Day Period”): If Member is dissatisfied with the Private Coaching 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 SUBSECTION (i) ABOVE (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.
2. Customized Training Plan
Member agrees to pay one-time coaching fee to TRSP to obtain Customized Training Plan for an Initial Term, as detailed in the Custom Training Plan package selected during enrollment.
Member may terminate this Agreement anytime from before a Customized Training Plan is delivered, provided that TRSP has received in writing, Member’s intention. No refunds are available once a Customized Training Plan has been delivered.
3. Waiver and Release of Liability; Assumption of Risk
IN ADDITION TO SECTIONS 9 THROUGH 11 OF THE TERMS OF SERVICE, MEMBER REPRESENTS THAT MEMBER IS AT LEAST EIGHTEEN (18) YEARS OF AGE. FURTHER, MEMBER UNDERSTANDS AND AGREES THAT: (I) PARTICIPATION IN THE TRAINING SERVICES IS VOLUNTARY; (II) THE TRAINING 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 TRAINING SERVICES. MEMBER CERTIFIES THAT MEMBER IS PHYSICALLY FIT AND SUFFICIENTLY TRAINED FOR PARTICIPATION IN THE TRAINING 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 TRAINING SERVICES (“MEMBER EXPENSES”). TRSP IS NOT LIABLE FOR ANY SUCH MEMBER EXPENSES FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CANCELLATION OF THE TRAINING SERVICES. MEMBER AGREES THAT MEMBER IS VOLUNTARILY PARTICIPATING IN THE TRAINING 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 TRAINING 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 TRAINING 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 TRAINING 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 TRAINING 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.
IN CONSIDERATION OF TRSP’S ACCEPTANCE OF MEMBER’S REQUEST TO PARTICIPATE IN THE TRAINING 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 TRAINING 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 TRAINING SERVICES OR ANY INSTRUCTION OR TRAINING ASSOCIATED WITH THE TRAINING 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 TRAINING 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.
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