Liability Waiver

TEAM AND PRIVATE COACHING RELEASE AND WAIVER OF LIABILITY

By clicking on “I ACCEPT,” I agree to the terms of this Team and Private Coaching Release and Waiver of Liability (“Waiver”), on behalf of myself and my heirs, estate, successors and assigns.

  1. I agree to engage POWER ZONE CHALLENGES, LLC (“PZP LEAGUE”) to provide customized training plans for my stationery or road bike (the “Bike”). I acknowledge that such plans and advice will be provided remotely conducted using email, SMS, and/or a mutually agreed video chat platform such as FaceTime, Skype, Zoom, or the like (“Virtual Training”) and is not intended to be a substitute for “in person” training.

  2. I acknowledge that the training plans and recommendations by the individual instructor assigned to me by PZP LEAGUE (the “Coach”) will be based on my fitness goals and fitness level, as described by me to PZP LEAGUE and/or the Coach, and that the Coach’s ability to recommend an appropriate training regimen assumes and requires that my Bike (including bike frame, stem, seat tube, cranks and seat tube) be (1) of the proper size for me (or in the case of a stationary bike, capable of being adjusted to my size), and (2) in good operating condition with no cracks and no missing, malfunctioning or broken parts. In no event will PZP LEAGUE be responsible for the Coach’s inability to recommend an appropriate training plan due to factors beyond the Coach’s control, such as improper Bike sizing or unique physical traits, injuries, disabilities or similar factors.

  3. I am aware and acknowledge that there are known and unknown risks inherent in and associated with private coaching and personal training and my participation in the Virtual Training, including, without limitation, the possibility of serious injury, disability or death. I understand that PZP LEAGUE will not agree to provide the Virtual Training unless I agree to the terms in this Waiver.

  4. BY CHOOSING TO VOLUNTARILY ENGAGE PZP LEAGUE AND PARTICIPATE IN THE VIRTUAL FITTING SESSION, AND BY CLICKING “I AGREE,” I ASSUME ALL RISKS AND CONSEQUENCES INHERENT IN AND ASSOCIATED WITH MY PARTICIPATION IN INDOOR AND OUTDOOR CYCLING, THE VIRTUAL TRAINING, INCLUDING, WITHOUT LIMITATION, THE RISK OF INJURY, DISEASE, AILMENTS OR DISABILITY, AND DAMAGE TO MY BIKE AND OTHER PROPERTY, WHETHER OR NOT CAUSED BY OR DUE TO THE ACTIONS, OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF PZP LEAGUE OR ITS EMPLOYEES, CONTRACTORS (INCLUDING THE COACH), OTHER CLIENTS OR REPRESENTATIVES (THE “RELEASED PARTIES”). I HEREBY FOREVER RELEASE THE RELEASED PARTIES FROM, AND DISCHARGE AND COVENANT NOT TO SUE ANY OF THE RELEASED PARTIES FOR, ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, DEMANDS, INJURIES (INCLUDING DEATH), PROPERTY DAMAGE, DISABILITIES OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEY’S FEES AND EXPENSES, OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO, OR LOSS OF USE OF, MY BIKE, RESULTING FROM MY ENGAGEMENT OF PZP LEAGUE, MY PARTICIPATION IN VIRTUAL TRAINING OR ANY ACTS OR OMISSIONS OF PZP LEAGUE, OR THE COACH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR ANY INJURIES (INCLUDING DEATH) OR DAMAGES SUSTAINED AS A RESULT OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

  5. I acknowledge and agree that: (a) I am eighteen (18) years of age or older, (b) I do not have any injuries, diseases, conditions or disabilities that would prevent me from riding my Bike or participating in the Virtual Training, (c) I am in sufficient mental and physical health, and sufficiently fit, to ride my Bike and to participate in Virtual Training, and (d) all representations made by me to PZP LEAGUE or my Coach are and will be accurate and complete in all material respects. I recognize that if I am hurt as a result of my participation in Virtual Training, I will have no right to make a claim or file a lawsuit against any of the Released Parties, even if a Released Party caused or contributed to the injury, damage or death.

  6. I acknowledge and agree that this Waiver discharges PZP LEAGUE, and the other Released Parties from any liability or claim that I may have against any of the Released Parties with respect to bodily injury, personal injury, illness, death, or property damage that may result from my participation in Virtual Training.

  7. (a) I agree that this Waiver is intended to be as broad and inclusive as is permitted by law, and that in the event any portion of this Waiver is determined to be invalid or unenforceable for any reason, the remaining provisions of the Waiver will not be affected or impaired in any way and will continue in full legal force and effect; (b) I agree that the Coach is NOT authorized to modify or waive any of the terms of this Waiver and that this Waiver may only be modified in a written agreement signed by me and an officer of PZP LEAGUE; and (c) this Waiver will be governed by and interpreted in accordance with the laws of the State of Florida. I hereby agree that the exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter, claim or controversy arising out of this Waiver or Virtual Training will be in the state or federal courts located in Volusia County, Florida.

PLEASE READ THIS WAIVER CAREFULLY BEFORE CLICKING ON “I ACCEPT.” THIS WAIVER IS A BINDING, LEGAL AGREEMENT BETWEEN YOU AND PZP LEAGUE. BY CLICKING ON “I ACCEPT,” YOU ARE CONFIRMING THAT YOU HAVE READ THIS WAIVER IN ITS ENTIRETY, THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO ALL OF THE TERMS SET FORTH IN THIS WAIVER AND ARE WAIVING VALUABLE LEGAL RIGHTS. YOU SHOULD CONSULT YOUR ATTORNEY BEFORE AGREEING TO THE TERMS AND CONDITIONS CONTAINED IN THIS WAIVER IF YOU DO NOT UNDERSTAND THEM.

THIS WAIVER IS A BINDING, LEGAL AGREEMENT BETWEEN YOU AND PZP LEAGUE. BY CLICKING ON “I ACCEPT,” YOU ARE CONFIRMING THAT YOU HAVE READ THIS TEAM AND PRIVATE COACHING RELEASE AND WAIVER OF LIABILITY (THE “WAIVER”) IN ITS ENTIRETY, THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO ALL OF THE TERMS SET FORTH IN THIS WAIVER AND ARE WAIVING VALUABLE LEGAL RIGHTS. YOU SHOULD CONSULT YOUR ATTORNEY BEFORE AGREEING TO THE TERMS AND CONDITIONS CONTAINED IN THIS WAIVER IF YOU DO NOT UNDERSTAND THEM.