PLEASE READ CAREFULLY

You should read this agreement carefully before accepting its terms. By signing below, you agree, warrant and covenant as follows:

 

You (herein referred as "the Athlete") understand and agree that the services are provided exclusively under this agreement by LifeSport, dba Lance Watson Triathlon Club (herein referred to as “LWTC”). By checking below or accessing or using the services, you are stating that you are 18 years or older; that you have read and understand this agreement; and that you irrevocably agree to all of the terms of this agreement as updated by LWTC from time to time. Continued acceptance of and compliance with the terms of this agreement are a condition of LWTC providing the services.

 

1. Term and Compensation

 

 A. Term

 

This Agreement commences upon the date of this application. The Athlete agrees to obtain either the Basic Services for a 6 month "Term" or the Premium and Strength Services for a minimum 1 month "Term”. Should the Athlete choose to no longer utilize the coaching services during the period set out in the "Term", the Athlete will still be responsible for the full amount of the Coaching Fees over this full period. Unless earlier terminated pursuant to Section 2, upon completion of the "Term" and thereafter, this Agreement shall automatically renew on a monthly or semi-annual basis depending on the Service level.

 

In the case of a “free trial”, the 3-month “Term” begins immediately after the expiration of the free trial unless the athlete indicates intention not to proceed with coaching 1 week (7 days) prior to the end of the “free trial”. This does not apply to "discounted trials", for which the 3-month term requirement is as above.

 

 B. Coaching Fees

 

The Athlete understands and agrees to pay the monthly fee associated with the Coaching Plan and Term as outlined in the LWTC website. 

 

C. Coaching Services

 

The Athlete understands that he/she will receive the Services purchased under this Agreement in accordance with level of Coaching Plan purchased. The Services for the Coaching Plan are identified on the LWTC website. The LWTC coaching staff will respond to any queries as soon as possible and in the order received.

 

2. Termination

 

The Athlete acknowledges and agrees that the Agreement can not be terminated during the "Term". The Athlete may terminate this Agreement after the "Term" provided that the Athlete has indicated in writing the intention not to renew at least thirty (30) days prior to the expiration of the "Term". Upon notice of termination by the Athlete, the Athlete agrees that he/she will be responsible to pay the Services fees applicable to the thirty (30) day notice period. At any time after the commencement of the "Term", LWTC may terminate this Agreement upon ten (10) days written notice to the Athlete.

 

3. Confidentiality

 

The Athlete agrees that the Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of LWTC, including but not limited to, the materials provided to the Athlete from LWTC, the techniques and methodologies utilized by LWTC and its staff in rendering Services under this Agreement and the substance of the communications between LWTC and the Athlete. The Athlete agrees to not reproduce any materials provided to the Athlete by LWTC and, further, that Athlete will not remove any proprietary markings from materials provided to Athlete from LWTC, including any confidentiality notices and/or copyright notices. It is expressly understood and agreed that LWTC is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services. The Athlete understands that the Coaching Plan provided via Training Peaks or any other online platform are under the control of LWTC and visibility into said Coaching Plan will be restricted to one month at any time. The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.

 

4. Promotional Rights

 

As part of this Agreement and for no additional consideration or agreement, LWTC may use the Athlete's name; image, likeness, for promotional purposes and any such consent by Athlete shall not be unreasonably withheld.

 

5. Athlete's Responsibilities

 

Athlete hereby agrees to abide by all IOC, WADA, ITU, WTC, USOC, COC, ITU, USAT, Triathlon Canada (or National Sport Organization of their country of citizenship) and State/Provincial Triathlon Associations) policies and regulations, including those surrounding the nonuse of performance enhancing drugs, including any banned substances.

 

6. Waiver and Release of Liability, Assumption of Risk and Indemnity

 

The Athlete hereby acknowledges that LWTC makes no warranties and does not guarantee individual results. The Athlete, not LWTC, is personally responsible for the achievement of individual performance goals. Athlete further understands and acknowledges that athletic training is inherently dangerous and carries with it the potential for death, serious injury and property loss. The Athlete understands and agrees that Athlete assumes the risk of participating in the training and activities recommended by LWTC, its agents and representatives. The Athlete certifies that he or she is physically fit and sufficiently trained for participation in these services and that Athlete has not been advised against participation by a qualified health professional. In consideration of this agreement, the Athlete hereby indemnifies, releases and forever discharges LWTC from any liability, claims, losses, costs, or expenses, and waives the right to pursue legal action against LWTC arising directly or indirectly from the Athlete's participation in the services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses. This agreement shall be binding upon the Athlete's heirs, assignees, successors and personal representatives. The Athlete hereby further states that he/she currently suffers from no physical or mental condition that would impair his/her ability to fully participate in this agreement. The Athlete represents and warrants that he/she is eighteen (18) years of age or older. The Athlete further understands and agrees that LWTC expressly disclaims any warranties with respect to any products or promotional materials offered by third parties and provided to the Athlete by LWTC, including, but not limited to the implied warranties of merchantability.