Coaching Waiver

TERMS OF SERVICE

POLICIES:

NO-SHOW:

A 24-hour notice is required for cancellation of a lesson or coaching session. If you have not provided advance notice and do not show up, you will be charged in full for the session.

TRAIL PASSES & MEMBERSHIPS:

All students/clients must hold a seasons pass or day pass issued by Methow Trails or a gym membership or day pass for in person training.

WAIVER AND RELEASE FROM LIABILITY:

Acknowledgement and Assumption of Risk
In consideration of being allowed to participate in programs and/or utilize the coaching of Peak Form LLC, Tulie Budiselich, other officers, agents, employees, volunteers, subsidiaries, and all other persons or entities associated (hereinafter referred collectively to as “Peak Form Coaching”) I, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, agree as follows:

While Peak Form Coaching has taken reasonable steps to provide appropriate programming, coaching, and exercise sound judgment, the activities are not without risk. These risks are inherent in the type of physical training Peak Form Coaching is helping undertake, and all risk cannot be fully mitigated without destroying the very nature of the activity itself. The following describes some, but not all, of the risks, which may result in serious injury or death: slips and falls, collisions with equipment dropped by myself or someone else, collisions with the ground, musculoskeletal injuries and strains from exercise and use, collisions with other participants, and medical emergencies or conditions from overexertion.

This training is often being conducted remotely and without supervision by Peak Form Coaching. All information about the Participant, Participant’s ability, and feedback is the sole responsibility of the Participant alone and its accuracy cannot be verified by Peak Form Coaching. Participant should first consult a doctor to ensure that a Participant is healthy enough for such training. Participants should constantly self-evaluate their comfort and physical suitability for activities. It is up to the Participant to monitor themselves and raise concerns with Peak Form Coaching and their doctor or health care provider.

I acknowledge these risks, that this list is far from exhaustive and merely exemplary, and that the staff of Peak Form Coaching has been available to me to explain the nature and demands of my program and the inherent risks, hazards, and dangers. I understand that I am the best judge of my own abilities and experience level, and that I, not Peak Form Coaching, am responsible for the consequences of activities I choose to perform. I assume and accept full responsibility for myself for bodily injury, death, and loss of personal property and expenses as a result of these risks.

I thus certify that I have no physical or mental condition that precludes me from participating in the Programs and coaching and that I am not participating against medical advice. I certify that I am fully capable of participating in this activity.

Release and Waiver of Claims; Indemnification Agreement
In consideration of the aforementioned participation, I furthermore agree:

TO WAIVE ALL CLAIMS I have or may have against Peak Form Coaching arising from my participation or use of any equipment provided by Peak Form Coaching. I understand that I am releasing any and all claims that arise from any negligent acts or conduct of Peak Form Coaching to the fullest extent permitted by the law. However, nothing in this agreement shall be construed as a release for conduct that is grossly negligent or intentional;
TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of Peak Form Coaching. I understand that there are inherent risks of participating in these activities and using the equipment, which may be both foreseen and unforeseen and include serious injury and death;
TO RELEASE Peak Form Coaching from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of participation in the activity and use of equipment, including while receiving instruction and/or training; and
TO INDEMNIFY Peak Form Coaching from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of participation in the activity and use of equipment.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY CLICKING ON THE CHECKBOX “I AGREE TO PEAK FORM LLC’S TERMS OF SERVICE” I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I UNDERSTAND THAT THIS AGREEMENT SHALL REMAIN IN EFFECT FOR ALL FUTURE PEAK FORM COACHING ACTIVITIES UNLESS AND UNTIL EXPRESSLY REVOKED IN WRITING.

Parents or Guardians must read and agree to the Terms of Service if the Participant is UNDER 18.

Please retain a copy of this for your own records.