$/month. month term.
$ one time start-up (admin) fee. 10% discount for 12 month pre-pay.
PLEASE READ CAREFULLY
You should read this agreement carefully before accepting its terms. By signing below, you agree, warrant and covenant as follows:
You (herein referred as "the Athlete") understand and agree that the services are provided exclusively under this agreement by LifeSport. By checking below or accessing or using the services, you are stating that you are 18 years or older; that you have read and understand this agreement; and that you irrevocably agree to all of the terms of this agreement as updated by LifeSport from time to time. Continued acceptance of and compliance with the terms of this agreement are a condition of LifeSport providing the services.
1. Term and Compensation
This Agreement commences upon the date of this application. The Athlete agrees to obtain the Services for a minimum period "Term" as identified in "Coaching Package Table". Should the Athlete choose to no longer utilize the coaching services during the period set out in the "Term", the Athlete will still be responsible for the full amount of the Coaching Fees over this full period. Unless earlier terminated pursuant to Section 2, upon completion of the "Term" and thereafter, this Agreement shall automatically renew on a monthly basis.
B. Coaching Fees
The Athlete understands and agrees to pay the monthly fee associated with the Coaching Option and Term as outlined in the "Coaching Package Table" and that an initial one-time start-up payment is due and payable prior to LifeSport undertaking to provide Services under this Agreement. The athlete understands that 12 month pre-paid coaching agreements are non-refundable.
C. Coaching Services
The Athlete understands that he/she will receive the Services purchased under this Agreement in accordance with level of Coaching Option purchased. The Services for each Coaching Option are identified on the LifeSport website. The Athlete agrees that telephone consultations and e-mail correspondence shall be initiated by Athlete or Coach, at Athlete's expense when initiated by the Athlete. The LifeSport coaching staff will respond as soon as possible and in the order received.
The Athlete acknowledges and agrees that the Agreement can not be terminated during the "Term". The Athlete may terminate this Agreement after the "Term" provided that the Athlete has indicated in writing the intention not to renew at least thirty (30) days prior to the expiration of the "Term". Thereafter, Athlete may terminate a Renewal Term provided that Athlete has indicated in writing the Athlete's intention not to renew at thirty (30) days prior to the expiration of the Renewal Term. Upon notice of termination by the Athlete, the Athlete agrees that he/she will be responsible to pay the Services fees applicable to the thirty (30) day notice period. At any time after the commencement of the "Term", LifeSport may terminate this Agreement upon ten (10) days written notice to the Athlete.
The Athlete agrees that the Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of LifeSport, including but not limited to, the materials provided to the Athlete from LifeSport, the techniques and methodologies utilized by LifeSport and its staff in rendering Services under this Agreement and the substance of the communications between LifeSport and the Athlete. The Athlete agrees to not reproduce any materials provided to the Athlete by LifeSport and, further, that Athlete will not remove any proprietary markings from materials provided to Athlete from LifeSport, including any confidentiality notices and/or copyright notices. It is expressly understood and agreed that LifeSport is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services. The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.
4. Promotional Rights
As part of this Agreement and for no additional consideration or agreement, LifeSport may use the Athlete's name; image, likeness, for promotional purposes and any such consent by Athlete shall not be unreasonably withheld.
5. Athlete's Responsibilities
Athlete hereby agrees to abide by all IOC, WADA, ITU, WTC, USOC, COC, ITU, USAT, Triathlon Canada (or National Sport Organization of their country of citizenship) and State/Provincial Triathlon Associations) policies and regulations, including those surrounding the nonuse of performance enhancing drugs, including any banned substances.
6. Waiver and Release of Liability, Assumption of Risk and Indemnity
The Athlete hereby acknowledges that LifeSport makes no warranties and does not guarantee individual results. The Athlete, not LifeSport, is personally responsible for the achievement of individual performance goals. Athlete further understands and acknowledges that athletic training is inherently dangerous and carries with it the potential for death, serious injury and property loss. The Athlete understands and agrees that Athlete assumes the risk of participating in the training and activities recommended by LifeSport, its agents and representatives. The Athlete certifies that he or she is physically fit and sufficiently trained for participation in these services and that Athlete has not been advised against participation by a qualified health professional. In consideration of this agreement, the Athlete hereby indemnifies, releases and forever discharges LifeSport from any liability, claims, losses, costs, or expenses, and waives the right to pursue legal action against LifeSport arising directly or indirectly from the Athlete'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. This agreement shall be binding upon the Athlete's heirs, assignees, successors and personal representatives. The Athlete hereby further states that he/she currently suffers from no physical or mental condition that would impair his/her ability to fully participate in this agreement. The Athlete represents and warrants that he/she is eighteen (18) years of age or older. The Athlete further understands and agrees that LifeSport expressly disclaims any warranties with respect to any products or promotional materials offered by third parties and provided to the Athlete by LifeSport, including, but not limited to the implied warranties of merchantability.
By checking this box you agree to the terms of the waiver above