Couch to 5k Club

Terms: Participant hereby agrees to the following terms and conditions (“Terms”) pertaining to his/her enrollment and participation in the Running Evolution (the “Running Evolution Training Program”) which is owned and operated by Running Evolution LLC, a Washington limited liability company (collectively, Running Evolution). These Terms govern Participant’s access to and use of Running Evolution products and services, including, without limitation, those offered by the Running Evolution websites, events, communications (e.g., emails, phone calls and texts) as well as participation in the Running Evolution Training Program including without limitation athletic, running and conditioning training programs and events of Running Evolution (collectively the “Program”). Participant hereby expressly acknowledges that participation in the Program can be hazardous to Participant’s health and that Participant has an increased risk of injury by participating in the Program. Participant, on behalf of themselves, their heirs, assigns and legal representatives, hereby expressly agrees as follows: 1.     FISCAL TERMS APPLICABLE TO THE Running Evolution TRAINING PROGRAM.         (a)    Fees.  Participant will be charged $197  (the “Enrollment Fee”), payable in advance for enrollment and participation in the Running Evolution Training Program. Participant authorizes Running Evolution and its third-party payment processor to charge Participant’s credit card for the Enrollment Fee. The Enrollment Fee is non-refundable except as set for forth below. Taxes may apply on the Enrollment Fee.        (b)    Refund.  No refunds or exchanges will be given at any time.          (c)    Scholarship & Contest Winners. In the event Participant is a Running Evolution contest winner or awarded a scholarship by Running Evolution, the Enrollment Fee shall be waived. Scholarship and contest winners are responsible for all shipping fees of any clothing, bandanas, or merchandise included with program.          (d)    Running Evolution Annual Pack Membership. In the event Participant is already enrolled in the Running Evolution Annual Membership program, the Enrollment Fee shall be waived. 2.     DISCLOSURE OF POTENTIAL DANGERS AND RISKS OF THE PROGRAM. There are physical risks inherent in participation in Running Evolution classes, instructional videos, organized group runs, individual instruction, races, events, whether indoors or outdoors, and use of equipment at any facility or location at which any Program activities take place. Program activities require physical exertion, which will be strenuous and could cause injury or death. Program activities include running on public streets as well as facilities maintained by public and private third parties, all of which Running Evolution has no control over. Risks include interaction with other Running Evolution participants, the public, vehicles and physical conditions of the areas in which the Program will be conducted. Participant will be subject to, among other things, falls, contact/collisions with other Running Evolution participants, contact/collisions with non-Running Evolution participants, running and exercise related injuries, equipment malfunctions, the effects of weather, including high heat and/or humidity, wind, cold, wet or icy surfaces which are slippery, falling trees and branches or other overhead objects, traffic and the conditions of the running surfaces, failure of equipment, and any other risks, known and unknown, in connection with the Program activities. Further risks include potential exposure to the novel Coronavirus (“COVID-19”) from (i) other participants/location leaders; and (ii) the general public. All of the foregoing risks are potentially hazardous, and could cause or otherwise lead to, injury or death. Running Evolution ASSUMES NO RESPONSIBILITY FOR ANY SUCH RISKS INHERENT IN THE PROGRAM OR SAFETY OF PARTICIPANT.  3.     REPRESENTATIONS AND ACKNOWLEDGMENT OF RISK BY PARTICIPANT.         (a)    Physical Condition and COVID-19.  Participant acknowledges that physical exercise can be dangerous and involve risk of serious injury, paralysis and/or death. Participant understands that the reaction of the heart, lung and blood vessel system to exercise cannot always be predicted with accuracy. Participant knows and understands there is a risk of certain abnormal changes which may occur during or following exercise, including, but not limited to, abnormalities of blood pressure and heart attacks. Performance of exercises may lead to muscle skeletal strains, pain and/or injury. Further, Participant acknowledges that these risks are greater if adequate warm-up, gradual progression and safety procedures are not followed. Participant understands, warrants, and agrees that Participant is in good physical condition and has no disabilities, impairments or ailments that would prevent them from engaging in active or passive exercise that could be detrimental or inimical to heart, safety and/or comfort or physical condition while they engage or participates in the Program and activities. Participant confirms that they have had a recent physical check-up and have a medical physician’s permission to engage in aerobic and/or anaerobic activities. Participant confirms they are in good health and have no disabilities, impairment, injury, disease or ailment preventing them from engaging in the Program and activities which include active exercise, strenuous physical activity or any of the activities therein. Participant agrees that it is their responsibility to consult with a physician regarding participation in the Program and Running Evolution activities prior to participation. Participant  further confirms that they understand the risks and hazards of COVID-19 and is familiar with the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”), and their local government’s guidelines regarding COVID-19. Participant acknowledges and understands that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, WHO and local government guidelines are regularly modified and updated and accepts full responsibility for familiarizing themselves with the most recent updates.         (b)    Assumption of the Risks.  Participant confirms that they understand the risks of participation in the Program and activities and expressly assumes full responsibility for any and all risks, whether identified herein or not, involved with or arising from her participation in the Program and activities, including without limitation, those identified in this agreement as well as the risk of death, bodily injury or property damage, the unavailability of emergency medical care or the negligent or deliberate actions of others. Participant assumes full responsibility for all injuries or damages which are sustained or aggravated while participating in the Program and activities. Participant’s participation in the Program is purely voluntary. 4.     RELEASE OF Running Evolution/AGREEMENT NOT TO SUE.  Participant hereby releases, discharges and holds harmless Running Evolution, its founders, members, agents, officers and employees as well as location leaders, along with all of their legal successors, assigns, officers, directors, agents, principals and employees, attorneys, servants, stockholders, directors, joint venturers, subsidiaries, divisions, affiliates, partners (including both general and limited), insurance carriers, and independent contractors for any and all present and future claims, and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, liability sustained by them, costs or expenses, arising out of Participant’s participation in the Program, including, without limitation, those based on death, bodily injury, or property damages, whether or not caused by the inherent risks of the Program, or negligence or other fault of Running Evolution, or any other liability without fault. Participant understands that Running Evolution shall not be liable for any damages arising from personal injuries sustained by Participant, or caused by Participant, while participating in and during participation in the Program. 5.     INDEMNIFY AND DEFEND Running Evolution.  Participant agrees  to indemnify, defend and hold harmless Running Evolution from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees, which in any way arise out of, or relate to, Participant’s participation in the Program. 6.     PHOTOGRAPHY RELEASE.  Participant acknowledges that during their  participation in the Program, Participant may be photographed or filmed by Running Evolution leaders, trainers, and other professional or amateur photographers. Participant hereby grants to Running Evolution, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to Participant, in still, single, multiple, moving or video format, or in which Participant may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, material in any media, advertising, or any other lawful purpose taken during participation in the Program (“Material”). Participant hereby relinquishes any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Running Evolution has taken of Participant or the use to which it may be applied. Participant waives any ownership and publication right in connection with the Material, with the exception of the personal use of the Material as part of personal modeling portfolio. Participant waives all right to sell, license or publish any of the Material to any person or entity. Participant further releases Running Evolution, and its founders, affiliates, officers, agents, servants, or employees from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of the Material including images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting Participant to conspicuous ridicule, scandal, reproach, scorn and indignity. Participant waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Participant, or any of the property belonging to Participant, while performing the photography, or while in, on or upon any premises where the photography was performed. 7.     GOVERNING LAW/VENUE. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of Washington and deemed to have been entered into in the State of Washington. Venue for any actions arising out of or pertaining to this Agreement shall be in the Courts in King County. Participant hereby agrees to the following terms and conditions (“Terms”) pertaining to his/her enrollment and participation in the Running Evolution TRAINING PROGRAM & VIRTUAL RACING SERIES (the “Running Evolution Training Program”) which is owned and operated by Running Evolution, LLC, a Washington limited liability company . These Terms govern Participant’s access to and use of Running Evolution products and services, including, without limitation, those offered by the Running Evolution websites, events, communications (e.g., emails, phone calls and texts) as well as participation in the Running Evolution Training Program including without limitation athletic, running and conditioning training programs and events of Running Evolution (collectively the “Program”). Participant hereby expressly acknowledges that participation in the Program can be hazardous to Participant’s health and that Participant has an increased risk of injury by participating in the Program. Participant, on behalf of themselves, their heirs, assigns and legal representatives, hereby expressly agrees as follows: 1.     FISCAL TERMS APPLICABLE TO THE Running Evolution TRAINING PROGRAM.         (a)    Fees.  Participant will be charged $497 or $257/month (the “Enrollment Fee”), payable in advance for enrollment and participation in the Running Evolution Training Program. Participant authorizes Running Evolution and its third-party payment processor to charge Participant’s credit card for the Enrollment Fee. The Enrollment Fee is non-refundable except as set for forth below. Taxes may apply on the Enrollment Fee.        (b)    Refund.  No refunds or exchanges will be given at any time.          (c)    Scholarship & Contest Winners. In the event Participant is a Running Evolution contest winner or awarded a scholarship by Running Evolution, the Enrollment Fee shall be waived. Scholarship and contest winners are responsible for all shipping fees of any clothing, bandanas, or merchandise included with program.          (d)    Running Evolution Pack Annual Membership. In the event Participant is already enrolled in the Running Evolution Pack Annual Membership program, the Enrollment Fee shall be waived. 2.     DISCLOSURE OF POTENTIAL DANGERS AND RISKS OF THE PROGRAM. There are physical risks inherent in participation in Running Evolution classes, instructional videos, organized group runs, individual instruction, races, events, whether indoors or outdoors, and use of equipment at any facility or location at which any Program activities take place. Program activities require physical exertion, which will be strenuous and could cause injury or death. Program activities include running on public streets as well as facilities maintained by public and private third parties, all of which Running Evolution has no control over. Risks include interaction with other Running Evolution participants, the public, vehicles and physical conditions of the areas in which the Program will be conducted. Participant will be subject to, among other things, falls, contact/collisions with other Running Evolution participants, contact/collisions with non-Running Evolution participants, running and exercise related injuries, equipment malfunctions, the effects of weather, including high heat and/or humidity, wind, cold, wet or icy surfaces which are slippery, falling trees and branches or other overhead objects, traffic and the conditions of the running surfaces, failure of equipment, and any other risks, known and unknown, in connection with the Program activities. Further risks include potential exposure to the novel Coronavirus (“COVID-19”) from (i) other participants/location leaders; and (ii) the general public. All of the foregoing risks are potentially hazardous, and could cause or otherwise lead to, injury or death. Running Evolution ASSUMES NO RESPONSIBILITY FOR ANY SUCH RISKS INHERENT IN THE PROGRAM OR SAFETY OF PARTICIPANT.  3.     REPRESENTATIONS AND ACKNOWLEDGMENT OF RISK BY PARTICIPANT.         (a)    Physical Condition and COVID-19.  Participant acknowledges that physical exercise can be dangerous and involve risk of serious injury, paralysis and/or death. Participant understands that the reaction of the heart, lung and blood vessel system to exercise cannot always be predicted with accuracy. Participant knows and understands there is a risk of certain abnormal changes which may occur during or following exercise, including, but not limited to, abnormalities of blood pressure and heart attacks. Performance of exercises may lead to muscle skeletal strains, pain and/or injury. Further, Participant acknowledges that these risks are greater if adequate warm-up, gradual progression and safety procedures are not followed. Participant understands, warrants, and agrees that Participant is in good physical condition and has no disabilities, impairments or ailments that would prevent them from engaging in active or passive exercise that could be detrimental or inimical to heart, safety and/or comfort or physical condition while they engage or participates in the Program and activities. Participant confirms that they have had a recent physical check-up and have a medical physician’s permission to engage in aerobic and/or anaerobic activities. Participant confirms they are in good health and have no disabilities, impairment, injury, disease or ailment preventing them from engaging in the Program and activities which include active exercise, strenuous physical activity or any of the activities therein. Participant agrees that it is their responsibility to consult with a physician regarding participation in the Program and Running Evolution activities prior to participation. Participant  further confirms that they understand the risks and hazards of COVID-19 and is familiar with the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”), and their local government’s guidelines regarding COVID-19. Participant acknowledges and understands that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, WHO and local government guidelines are regularly modified and updated and accepts full responsibility for familiarizing themselves with the most recent updates.         (b)    Assumption of the Risks.  Participant confirms that they understand the risks of participation in the Program and activities and expressly assumes full responsibility for any and all risks, whether identified herein or not, involved with or arising from her participation in the Program and activities, including without limitation, those identified in this agreement as well as the risk of death, bodily injury or property damage, the unavailability of emergency medical care or the negligent or deliberate actions of others. Participant assumes full responsibility for all injuries or damages which are sustained or aggravated while participating in the Program and activities. Participant’s participation in the Program is purely voluntary. 4.     RELEASE OF Running Evolution/AGREEMENT NOT TO SUE.  Participant hereby releases, discharges and holds harmless Running Evolution, its founders, members, agents, officers and employees as well as location leaders, along with all of their legal successors, assigns, officers, directors, agents, principals and employees, attorneys, servants, stockholders, directors, joint venturers, subsidiaries, divisions, affiliates, partners (including both general and limited), insurance carriers, and independent contractors for any and all present and future claims, and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, liability sustained by them, costs or expenses, arising out of Participant’s participation in the Program, including, without limitation, those based on death, bodily injury, or property damages, whether or not caused by the inherent risks of the Program, or negligence or other fault of Running Evolution, or any other liability without fault. Participant understands that Running Evolution shall not be liable for any damages arising from personal injuries sustained by Participant, or caused by Participant, while participating in and during participation in the Program. 5.     INDEMNIFY AND DEFEND Running Evolution.  Participant agrees  to indemnify, defend and hold harmless Running Evolution from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees, which in any way arise out of, or relate to, Participant’s participation in the Program. 6.     PHOTOGRAPHY RELEASE.  Participant acknowledges that during their  participation in the Program, Participant may be photographed or filmed by Running Evolution leaders, trainers, and other professional or amateur photographers. Participant hereby grants to Running Evolution, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to Participant, in still, single, multiple, moving or video format, or in which Participant may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, material in any media, advertising, or any other lawful purpose taken during participation in the Program (“Material”). Participant hereby relinquishes any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Running Evolution has taken of Participant or the use to which it may be applied. Participant waives any ownership and publication right in connection with the Material, with the exception of the personal use of the Material as part of personal modeling portfolio. Participant waives all right to sell, license or publish any of the Material to any person or entity. Participant further releases Running Evolution, and its founders, affiliates, officers, agents, servants, or employees from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of the Material including images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting Participant to conspicuous ridicule, scandal, reproach, scorn and indignity. Participant waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Participant, or any of the property belonging to Participant, while performing the photography, or while in, on or upon any premises where the photography was performed. 7.     GOVERNING LAW/VENUE. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of Washington and deemed to have been entered into in the State of Washington. Venue for any actions arising out of or pertaining to this Agreement shall be in the Courts in King County.

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