FITNESS PROGRAM WAIVER & RELEASE OF LIABILITY
ASSUMPTION OF RISK/RELEASE AND INDEMNIFICATION AGREEMENT
SIRIUS ATHLETES INC BEX FACTOR INC
TRAINING & TEAM SIRIUS TRI CLUB PROGRAM ASSUMPTION OF RISK/RELEASE AND INDEMNIFICATION AGREEMENT
Team Sirius Tri Club
I agree that I am eighteen years of age or older and have voluntarily applied to participate in the above Team Sirius Tri Club provided to me and/or the individualized and group training sessions at the Camp Facilities offered by Sirius Athletes Inc. and any affiliate (collectively the “Training”), and on this the 22nd day of February, 2022, hereby voluntarily enter into this Assumption of Risk/Release and Indemnification Agreement with Sirius Athletes Inc. and any affiliate, a Colorado corporation (the “Release”).
I realize that my participation in the Training carries with it risk of injury/illness, even when all rules are followed and conditions are optimal. There are various safety challenges that can increase injury risk potential. Some safety challenges are readily identifiable and addressed, including but not limited to: (i) environmental conditions such as swimming in open water, encounter of sea life such as dolphins, whales, jellyfish, stingrays, sharks as well as encounter of foreign objects, running or cycling on pavement or on trails which may involve wildlife, insects, foreign objects, vehicular traffic, vehicular collisions and exposure to inclement weather such as hot sun, desert conditions, gusty winds, torrential rains, hail, freezing temperatures, intense cold, hypothermia, lightening, thunderstorms, excessive heat and humidity; (ii) Training with other athletes which may involve athlete collisions, riding in pelotons, fast and technical group rides, flying or disabled equipment, failure of the Athlete or other athletes to follow proper instructions or traffic and safety laws; and (iii) Individual Training challenges such as the lack of proper administration of liquids frequently during Training, failure to take in proper nutrition, failure to sleep or rest adequately, utilizing improper weight lifting techniques, failure to follow instructions, the lack of use by the Athlete of high quality, durable and safe protective equipment, failure to maintain Athlete Training equipment in good working order, intense Training with speed and endurance factors, using fast running treadmills, wind trainers or weight equipment, using improper cycling gear or footwear, knowingly using dangerous or faulty equipment, Training when environmental conditions are dangerous (high heat/high humidity, thunderstorms, lighting, severe cold temperatures), Training when Athlete health is not optimal and engaging in high intensity or high volume Training or executing new skills without adequate fitness, or Training with a pre-existing injury. Other safety problems may be less clearly identified including but not limited to mechanisms of head and neck injuries, ankle and knee injuries, challenges with internal organs or heart conditions and, therefore, prevention and protection are difficult. Risk can be increased due to the Athlete’s lack of compliance with specified instructions or failure to follow Camp Facility assignments. I acknowledge that even in the best conditions or Training facilities, with adequate supervision, use of all protective equipment, and compliance with all of the rules, there remains an inherent risk of injury/illness in any Training activity.
I acknowledge that voluntary participation in the Training may expose me to hazards or risks that may result in my personal injury/illness or death. I acknowledge that I am aware of the risks of injury/illness and am knowledgeable concerning rules, equipment and safety practices employed to minimize my risk of sustaining an injury/illness while participating in the Training and related activities. I agree to use all required protective equipment and follow all rules and instructions from Sirius Athletes Inc. and any affiliate coaches and staff regarding my safety. I agree to obey all rules and regulations regarding safety and traffic laws, open water and swimming pool rules and regulations as well as all rules and ordinances of the Camp Facilities (defined below), track facilities and running trails or wherever the Training takes place. Also, I have no known physical infirmities which could be worsened or aggravated by my participation in the Training and I declare myself physically fit and in good medical condition to engage in all Training. But for this Release, I would not be permitted to participate in the Program. I also agree and understand that I can voluntarily choose to not participate in any Program session. I agree to notify Sirius Athletes Inc. and any affiliate by contacting Coach Siri Lindley or Coach Rebekah Keat immediately and informing her if I am hurt, injured or otherwise encounter any risk or danger in the course of the Training. I agree to notify Sirius Athletes Inc. and any affiliate immediately or as soon as practical if a material change in my overall health or medical condition occurs or if I suffer a serious illness, torn muscle, serious strain or broken bone.
In consideration of my participation in the Training sessions and of my use of the Camp Facilities and equipment of Sirius Athletes Inc. and any affiliate, its members, officers, managers, employees, coaching staff, agents, advisors or each of their affiliates, landlords, lessors or independent contractors and representatives (collectively the “Sirius Parties”), I hereby accept all risk to my health and of my injury or death that may result from such participation in the Training. I hereby release the Sirius Parties from any and all liability in any way resulting or arising from any injuries (including death), damage, loss or costs that may incur as a result of my participation in the Training. I intend this Release to be binding upon my family members, heirs, executors, administrators and assigns. I further agree to indemnify and hold harmless the Sirius Parties from liability for the injury or death of any person(s) and damage to property that may result from my or other’s negligent or intentional act or omission while participating in the described Training while at the Camp Facilities.
For purposes of this Release, the term “Camp Facilities” shall mean the training facilities located at: (i) 9647 Nth 63rd St Longmont ,Co 80503; (ii) Flat Irons Athletic Club; (iii) the Boulder Reservoir, Roads, Trails and hike paths in and near Boulder/Longmont Colorado, (iv) all bodies of open water; (vii) and any other facilities chosen by Sirius Athletes Inc. and any affiliate at any other location(s) where I voluntarily agree to receive Training instruction from Sirius Athletes Inc. and any affiliate and its coaching staff.
I acknowledge that I am responsible for the condition and safety of all of my personal property and Training equipment while at the Camp Facilities. I am responsible for the contents of my personal vehicle and for properly securing, locking and storing all Training equipment, valuables and personal articles. I understand Sirius Athletes Inc. and any affiliate is not responsible for any lost or stolen property during the Training and agree to release the Sirius Parties from and fully waive all rights to claims for damages against the Sirius Parties or the owners or operators of the Camp Facilities for any lost, damaged or stolen property.
By executing this Release, I agree to waive any and all claims that I might otherwise have had against the Sirius Parties for any reason whatsoever. I fully understand that if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts in that connection believed by me to be true, I expressly accept and assume the risk of such possible difference in fact and agree that the Release set forth herein shall be and remain effective notwithstanding such difference in fact. I understand, if I wish, I may consult with an attorney or other advisor of my choice before signing this Release. I acknowledge by my signature below that no other promises are made to me in order to induce me to sign this Release, and that this document includes a release of all claims, known or unknown.
I have carefully read this Release and I understand that it is a legally binding document that affects my legal rights and remedies. This Release shall be governed by and construed in accordance with the laws of the state of Colorado and exclusive venue for any and all claims or disputes arising out of the Training contemplated hereunder or arising out of or regarding this Release shall lie in Boulder/Longmont, Boulder County, Colorado regardless of the place or places of physical execution or performance hereunder.
The parties hereto have executed this Release to be effective as of the date first written above.
Signature of Client Date Agreed to by clicking box to agree to terms and conditions
Printed Name of Client
SIRIUS ATHLETES INC
By: ___Siri Lindley and. Rebekah Keat 2/22/2021
Siri Lindley, Owner. Head Coach