By registering and participating in the RunDoyen coaching platform (the “Activity”), you agree to the following terms and conditions in this Release of Liability (this “Release”). Hereafter, you are referred to as “I”.
LIABILITY WAIVER & RELEASE
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY MAY INVOLVE CHALLENGING, STRENUOUS, AND/OR OTHERWISE DANGEROUS ACTIVITIES, AS WELL AS ACTIVITIES THAT INVOLVE SERIOUS RISKS OF BODILY INJURY OR DEATH. I RECOGNIZE THAT I MUST USE MY BEST JUDGMENT AT ALL TIMES AND THAT I HAVE NO OBLIGATION TO TAKE ANY ADVICE I AM GIVEN IN CONNECTION WITH THE ACTIVITY. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO DETERMINE WHEN THE ACTIVITY BECOMES UNSAFE. I UNDERSTAND THAT THE DOYEN (AS DEFINED BELOW) IS NOT A MEDICAL PROFESSIONAL AND THAT I MUST SEEK MEDICAL ADVICE FOR ANY HEALTH RISKS OR INJURIES. I FURTHER ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH.
I hereby expressly waive and release all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its running coaches (“Doyens”), officers, directors, employees, agents, affiliates, successors, and assigns (collectively “Releasees”). This release includes any and all claims arising out of or attributable to my participation in the Activity. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims, except for intentional, willful, or wanton acts.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim from a third-party related to the Activity, including the negligence of the Company.
NOT MEDICAL ADVICE
I agree that any information provided by the Company or a Doyen is not to be construed as medical advice and I further release any claims against the Company for malpractice. If information provided by a Doyen is construed by a court as medical advice, then I agree to hold the Company harmless for the Doyen’s negligence.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns.
All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any dispute, controversy, or claim arising out of, or relating to, this Agreement shall be settled by arbitration. Unless the parties otherwise agree, the arbitration will be administered by the Arbitration Service of Portland, Inc. (ASP) according to ASP’s rules and occur in the city of Portland. There will be one arbitrator who will be a business lawyer or have alternate qualifications that are mutually agreeable to the parties. Judgment on the arbitrator’s award may be entered in the circuit court in the county in which the arbitration occurs. The resolution of the disputed matter, as determined by the arbitrator, will be binding on the parties.
BY REGISTERING AND PARTICIPATING IN THE ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.