RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

I would like to participate in and use a Fleet Feet Virtual Training Program (“Program”), provided, in all or in part, by Fleet Feet (“Program Director”). In consideration of the Program Director allowing me to participate in the Program and as a condition for use of the Program, I agree to all the terms and conditions set out in this document (“Release”). I acknowledge and agree that the Program primarily provides content for me to implement independently and that the Program does not include in-person training or coaching.

RELEASE OF CLAIMS. I, the participant and user, for myself and my heirs, successors, and assigns, hereby waive, release, and forever discharge, Program Director, any participating Fleet Feet franchised business, Fleet Feet, Incorporated, and their affiliates, successors and assigns, shareholders, members, partners, officers, directors, managers, agents, employees, representatives, and volunteers (collectively, the “Released Parties”), from any and all claims, responsibilities or liability, now known or hereafter known, arising from injuries, disability, death, or damages to me or my personal property resulting from my participation in and use of the Program, whether arising out of the ordinary negligence of the Released Parties or otherwise. I agree not to file a suit, complaint, or grievance or make any claims against the Released Parties before any arbitration organization, in any local, state, or federal court, or administrative office on account of any injuries, disability, death, or damages covered herein. I forever release and discharge the Released Parties from liability under such claims. This waiver and release of claims does not extend to claims for gross negligence, willful misconduct, or any other liabilities that North Carolina law does not permit to be released by agreement.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS. I AM AWARE AND UNDERSTAND THAT TRAINING, RUNNING, WORKING OUT, AND PARTICIPATING IN AND USING THE PROGRAM ARE EACH A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVE THE RISK OF INJURY, DISABILITY, DEATH, OR DAMAGES TO ME OR PROPERTY. I ACKNOWLEDGE THAT I WILL BE SOLELY RESPONSIBLE FOR DETERMINING WHERE I WILL TRAIN, RUN, WORKOUT, AND OTHERWISE PARTICIPATE IN AND USE THE PROGRAM. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN AND USING THE PROGRAM WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR DAMAGE TO ME OR PROPERTY, ARISING FROM THE PROGRAM, MY TRAINING, RUNNING, OR WORKING OUT OR THE LOCATIONS OF SUCH ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. THE RISKS INCLUDE, WITHOUT LIMITATION, CONTACT WITH OTHER PARTICIPANTS, TRAINING INJURIES, ROAD HAZARDS, VEHICLES, WEATHER, CONTAGIOUS DISEASES LIKE COVID-19, AND TRAFFIC.

I will not participate in or use the Program unless I am medically able to do so and properly trained. I certify as a material condition to my participation in and use of the Program that I am physically fit and sufficiently trained for the completion of the Program and that a licensed medical doctor has verified my physical condition.

I acknowledge and agree that information provided in conjunction with the Program is for educational purposes only and that I will not rely on the information provided in the Program as professional medical advice, diagnosis, or treatment or other professional advice regarding health, nutrition, or fitness. THE RELEASED PARTIES DO NOT IN ANY WAY GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OF THE PROGRAM. THE RELEASED PARTIES MAKE NO WARRANTY WHATSOEVER REGARDING THE PROGRAM, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. I ACKNOWLEDGE I HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY ANY RELEASED PARTY OR ANY PERSON ON THEIR BEHALF. I VOLUNTARILY ASSUME THE RISK OF USING ANY INFORMATION PROVIDED BY THE PROGRAM.

OTHER. I acknowledge that Program Director reserves the right to change the details of the Program at any time for any reason, and I hereby waive and release any claims that I may have as a result of any such change. I grant permission for the Released Parties to use or authorize others to use any photographs, motion pictures, video or sound recordings, and/or other record of my participation in and use of the Program, including my name, picture, likeness, and image, for any legitimate purposes without remuneration to me.

This Release constitutes the sole and entire agreement of the Program Director 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 of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of this Release or invalidate or render unenforceable such term in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Released Parties and me and our 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 North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the City of Hillsborough, North Carolina and I hereby consent to the exclusive jurisdiction of such courts.

BY SUBMITTING THIS ENTRY, I ACKNOWLEDGE ON BEHALF OF MYSELF, OR THE MINORS FOR WHICH I AM A PARENT OR GUARDIAN, THAT I HAVE READ AND AGREED TO THE ABOVE TERMS OF THIS RELEASE. IN ADDITION, IF I AM A PARENT OR GUARDIAN, I ACCEPT FULL RESPONSIBILITY FOR THE CARE AND SUPERVISION OF MY CHILD DURING THE PROGRAM. I ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

Have a Question?