Cycling Hill Climbing Clinic – Waiver of Release
MG Health and Multi-Sport Coaching/Cycling Clinic
Declarations, Conditions, Assumption of Risk, Waiver of Release of Liability and Indemnity
DECLARATIONS: This agreement is entered into between the multi-sport coach (“Coach”) and the undersigned (“Participant) The provision of multi-sport coaching services by the Coach to Participant, and the Participant’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISKS You acknowledge to have voluntarily chosen to engage in a cycling training session (“cycling clinic”) You agree that if you engage in any physical exercise or activity, including cycling, you do so at your own risk and assume the risk of all injury and/or damage you may suffer, whether engaging in physical activity or not. This includes injury or damage sustained or resulting from using any premises or facility, or using any equipment, whether provided to you by the coach or otherwise, including injuries or damages arising out of the negligence of the coach, whether active or passive. You assume the risk of your participation in the cycling clinic. Your assumption or risks also includes, but is not limited to falls, contact with other participants, effects or weather including cold, heat and, humidity, defective equipment, the condition of the road, trail or other surfaces, water hazards, and any hazard that may be posed by traffic or spectators. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, wither arising out of the negligence of the coach or otherwise.
WAIVER OF RELEASE: You certify that you are in good health, are able to partake in a cycling clinic and have not been advised otherwise by a qualified medical person. You assume all of the risks of participating in a cycling clinic. You agree on behalf of yourself (and your personal representative, heirs, executors, administrators, agents, and assigns) to release and discharge the coach (and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the coach, whether it be active or passive, or any of the coach’s affiliates, employees, agents, representatives, successors, and assigns. The waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal coaching/training (d) slipping or tripping and falling while on any portion of the premises of the training session, or while traveling to and from a cycling clinic, including injuries resulting from the coach’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby to indemnify and hold harmless the coach from any loss, liability, damage, or cost the coach may incur due to the provision of triathlon or run training by the coach to you.
ACKNOWLEDGEMENTS: 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 New Jersey and that if any potion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that the Coach offers a service to her clients encompassing the entire triathlon, running, cycling, swimming and recreational fitness spectrum. This release in 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 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 legal action or assert claim against the coach for coach’s negligence, or for any defective product used while receiving personal coaching/instruction from the coach. You have voluntarily signed the waiver and release and further agree that o oral representations, statements, or inducement apart from the foregoing written agreement have been made.