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Studio Liability Release
In consideration of the approval of Participant's admission to TotalCyclist Camps, Training Series, Coaching Programs, Training Series or any Other TotalCyclist Training products, the undersigned agree to the following: 1. Definition and Representations. Definition and Representations. "Activities" as the term issued in this Agreement, include: Bicycle riding, racing, training, classes and related activities or excursions, transportation in Camp support vehicles, spectating, attending lectures and other events related to TC/P4T camps. The undersigned represent that they are fully aware of the risks of the Activities. The undersigned represent that they are aware that they should consult a physician regarding Participant's participation in the Camp and that participation has been approved by such physician if one has been consulted. Risks include without limitation, cars, road and trail conditions, health conditions, weather, equipment failure, driver error, rider error, and other unforeseen elements, for all participants, including both riding and non-riding guests (paying clients & guests) of TC/P4T camps. 2. Assumption of Risk. The undersigned hereby assumes all risk of participation in the Activities including without limitation those listed above, whether such risks are caused by negligence of any person or otherwise. 3. Waiver, Release, Discharge, Agreement Not to Sue. The undersigned hereby fully release, waive claims against, discharge and agree not to sue, TotalCyclist Camps, Per4mance Training, Totalcyclist, Chad Andrews, camp speakers, ride leaders, coaches, camp sponsors, special guests, directors, agents, employees, independent contractors, representatives of each, from any and all liability to the undersigned, their personal representative, heirs, assigns for any and all damage, injury or death of Participant, while the Participant is engaged in the Activities, whether caused by carelessness or negligence of the Camp, directors, sponsors, staff or guests of bike camp. Additionally, client assumes full responsibility for his/her bike during the Camp. 4. Indemnify and Hold Harmless. The undersigned Participant, and the parents of Participant, hereby agree to indemnify and hold TotalCyclist Camps, Per4mance Training, Totalcyclist, Chad Andrews, camp speakers, ride leaders, coaches, camp sponsors, directors, agents, employees, independent contractors, representatives of each from any loss, liability or damage, including attorney's fees incurred from any suit, demand or legal action arising out of any alleged injury, damage or death resulting from Participant's engagement in all Activities, whether such injury, damage, death is alleged to or did result from the negligence of any person. 5. Medical Care. Although the undersigned acknowledge that there is no obligation of any person to provide participants with medical care during or after the Activities, in the event that emergency medical care is rendered to Participant, the undersigned hereby consent to such care. Paragraphs 2 through 4 apply to such medical care as part of the Activities. 6. Equipment. The undersigned is responsible for his equipment & all belongings during Camp, whether lost, stolen or damaged. Insurance is recommended. 7. Use of Photographs, recording, depiction. The undersigned agrees to grant permission to Totalcyclist/Per4mance Training, LLC to utilize their likeness on the website, in videos, and in written materials. Interpretation. This document is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina. If any portion of it is held invalid, it is agreed that the balance shall continue to be in full force and effect. It is agreed that the laws of the State of North Carolina shall govern this Agreement. Release, Waiver and Assumption of Risk Your acknowledgement is required. Please note that whenever you submit any information to us in connection with any TotalCyclist related service, you consent to TotalCyclist’s processing of this information in the United States as necessary to provide the services in which you are participating. If you have any questions, comments, criticisms, or complaints about the TotalCyclist privacy policy and/or the way it affects you, please feel free to email us at info@totalcyclist.com I hereby acknowledge and agree that in consideration of being permitted to participate in the Activities as described herein: 1. I do hereby fully release, waive claims against, discharge, indemnify, hold harmless, and agree not to sue, TotalCyclist Camps, Per4mance Training, TotalCyclist, Chad Andrews, camp speakers, ride leaders, coaches, camp sponsors, special guests, directors, agents, employees, independent contractors, and representatives of each (collectively, “The Releasees”), from any and all liability, recourse, proceedings, claims, and causes of action of any kind whatsoever, in respect of all personal injuries, death, and/or property losses, including without limitations losses to equipment and any belongings during the Activities, whether lost, stolen or damaged (insurance is recommended). which I may suffer arising out of or connected with my preparation for, or participation in, the Activities, whether caused by carelessness or negligence of The Releasees. "Activities" as the term is used in this Agreement, include: Bicycle riding, racing, training, classes and related activities or excursions, transportation in support vehicles, spectating, attending lectures and other events related to TotalCyclist and/or Per4mance Training camps. I hereby represent that I am fully aware of the risks of the Activities. I represent that I am aware that I should consult a physician regarding my participation in the Activities and that participation has been approved by such physician if one has been consulted. Risks include without limitation, cars, road and trail conditions, health conditions, weather, equipment failure, driver error, rider error, and other unforeseen elements, for all participants, including both riding and non-riding guests (paying clients & guests). 2. I do hereby acknowledge and agree: a. that participation in exercise (including, without limitation, cycling/triathlon/Computrainer activities) including the use of equipment, is a potentially hazardous activity. I also have been informed of and acknowledge that participation in fitness activities, use of equipment and machinery and/or participation in an endurance sports event can be an extreme test of a person’s physical and mental limits and such training and participation poses potential risks of serious bodily injury and death, or property damage. I HEREBY AGREE TO VOLUNTARILY AND EXPRESSLY ASSUME AND ACCEPT ALL RISKS OF INJURY OR DEATH, AND THAT, ACCORDINGLY, MY PREPARATION FOR, AND PARTICIPATION IN, THE ACTIVITIES SHALL BE ENTIRELY AT MY OWN RISK; b. that I have carefully read this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT, that I fully understand same, and that I am freely and voluntarily executing same; c. that I understand that during participation in the Activities or related activities I may be photographed or recorded, and that I agree to allow my photo, video, and/or film likeness to be used for any legitimate purpose by TotalCyclist; d. that I have been given the opportunity and have made a personal decision whether to seek independent legal advice prior to signing this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT; e. that I consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during or after participation in any Activities; f. that I understand clearly that TotalCyclist will not permit me to participate in the Activities unless I accept this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT, and that the terms of this Agreement need not be brought to my attention by TotalCyclist or the Releasees at any time after I accept this Agreement; and g. that this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT is binding on myself, my heirs, my executors, administrators, personal representatives and assigns. This RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina. If any portion of it is held invalid, it is agreed that the balance shall continue to be in full force and effect. It is agreed that the laws of the State of North Carolina shall govern this Agreement. I affirm that I am eighteen (18) years of age or older, I have read this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT and understand its contents. Parent/Guardian Waiver and Release For Minors (under 18 years of age): I, the undersigned parent and natural guardian or legal guardian, do hereby represent that I am, in fact, acting in such capacity and agree to the same terms and conditions on behalf of the minor because of any defect in or lack of such capacity to do so by the minor. I fully understand that TotalCyclist and The Releasees are not physicians or medical practitioners of any kind. With the above in mind, I hereby voluntarily permit TotalCyclist and/or The Releasees to render temporary first aid to my child in the event of any injury or illness, and if deemed necessary by TotalCyclist and/or The Releasees to seek medical help and/or call an ambulance. I agree that TotalCyclist will make no evaluation or recommendation whether the minor is physically fit for any physical activity. If the minor has any physical condition that may impair his/her ability to engage in the activities, I will provide, in advance, a physician's statement describing any limitations to participate in the Activities. It is always advisable to consult a physician prior to undertaking any physical exercise program.