Terms and Conditions
I acknowledge that by signing this document, I am releasing Vision Quest, LLC (dba Vision Quest Coaching Services) and its respective owners, affiliates, coaches, officers, agents, sponsors, and employees (collectively, the ""Releasees"") from liability as provided below. This document is a contract with legal consequences. I have been advised to read it carefully before signing.
In consideration of my participation in activities organized, sponsored, or otherwise associated with VQ (including, without limitation, any and all indoor or outdoor cycling, swimming, running or other athletic sessions, events, programs, practices, camps, tests, exercises, races, and other similar activities (“Activities” and individually an ""Activity""), I hereby freely agree to and make the following contractual representations and agreements:
I acknowledge that cycling, swimming, running and other Activities have inherent dangers and risks. I fully realize the dangers of participating in such Activities and fully assume the risks associated with such participation including, by way of example and not limitation, the dangers of collision with pedestrians, vehicles, other cyclists, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, the negligence of others, including the Releasees, and weather conditions; and the possibility of serious physical and/or mental trauma, adverse health incidents (including but not limited to heart attack, stroke, aneurysm and other adverse cardiovascular events), property damage, injury, or death associated with such endeavors. I acknowledge that my participation in any Activity may also result in damage to property that I own or property owned by others, and for which I may be held responsible as a result of any negligence or misconduct on my part, including, but not limited to, damage to property that may occur as a result of the transportation of equipment and related activities or services performed or undertaken by VQ and its Releasees.
I certify that I am physically fit, have sufficiently trained for participation in the Activities I choose to participate in, which may include very strenuous physical activities, have sought the advice of qualified medical personnel prior to undertaking such physical activities, and have not been advised a qualified medical person to not participate in any Activities in which I choose to participate. I understand that it is my responsibility to stop, or reduce the intensity of, any Activity where it would be reasonable for me to do so. I also acknowledge that none of the Releasees are trained medical professionals, except where expressly so indicated and will not view their advice as that of trained medical professionals.
I understand and agree that situations may arise during the course of any Activity that are beyond the immediate control of any of the Releasees, and I agree to stop, reduce, or otherwise modify my participation in the Activity so as to prevent or minimize the risks to myself and others. I accept responsibility for the condition and adequacy of my equipment I use, whether or not provided by the Releasees. I will wear a helmet while cycling in order to protect against serious head injury, and I assume all responsibility and liability for the selection and adequacy of such helmet. I have no physical or mental conditions, which would pose an unreasonable risk to or endanger others or myself if I participate in any Activity in which I choose to participate. .
In the event of a medical emergency, I authorize any of the Releasees to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care, and I agree that I will be solely responsible for payment of any and all such medical treatment. I certify that I carry paid up health and accident insurance coverage that will be in effect during the Activity.
I expressly authorize and agree that the Releasees may collect, retain, and use information related to any Activity in which I choose to participate, including, but not limited to, my performance therein. I expressly authorize and agree that the Releasees may collect, retain, and use data arising from any testing in which I choose to participate, and agree that I will not disclose to the Releasees or otherwise allow them to obtain, any information I wish to keep private, confidential, or fully protected from dissemination or disclosure to the Releasees or third parties. I expressly agree that the Releasees may make reasonable use of my name, image, and likeness in connection with their business or promotional activities, via any media, including social media, and hereby release any claims I may have for compensation or injury as a result of any such use.
For myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, ""Successors""), I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the Releasees from any and all rights and claims (including claims arising from the Releasees' own negligence), which I have, known or unknown, or which may hereafter accrue to me, and from any and all claims of damage that may arise directly or indirectly in connection with the Activities, my participation in any Activity, or any related travel or transportation associated therewith.
I further acknowledge that by coming to VQ and/or engaging in any activity with other persons organized, sponsored, arranged, or attended by individuals affiliated with VQ and engaging in any activity therein in any proximity to other persons and for any length of time carries with it a risk of exposure to and/or infection with any number of communicable diseases, including, but not limited to, with the virus commonly referred to as COVID-19. By coming to VQ Labs and engaging in any conduct, including but not limited to cycling, swimming, running, and any other athletic or non-athletic activities, I hereby accept any and all such risk, and for myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, ""Successors""), I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the Releasees from any and all rights and claims (including claims arising from the Releasees' own negligence), which I have, known or unknown, or which may hereafter accrue to me, and from any and all claims of injury or damage that may arise directly or indirectly in connection with any such infection or contraction of any such communicable disease.
I agree for myself and my successors, heirs, and assigns, that the above representations and agreements are contractually binding and are not mere recitals and that should I assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable legal fees and costs) incurred by the other party or parties in defending, unless the other party(ies) are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any subsequent waiver or modification.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
In consideration of my participation in activities organized, sponsored, or otherwise associated with VQ (including, without limitation, any and all indoor or outdoor cycling, swimming, running or other athletic sessions, events, programs, practices, camps, tests, exercises, races, and other similar activities (“Activities” and individually an ""Activity""), I hereby freely agree to and make the following contractual representations and agreements:
I acknowledge that cycling, swimming, running and other Activities have inherent dangers and risks. I fully realize the dangers of participating in such Activities and fully assume the risks associated with such participation including, by way of example and not limitation, the dangers of collision with pedestrians, vehicles, other cyclists, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, the negligence of others, including the Releasees, and weather conditions; and the possibility of serious physical and/or mental trauma, adverse health incidents (including but not limited to heart attack, stroke, aneurysm and other adverse cardiovascular events), property damage, injury, or death associated with such endeavors. I acknowledge that my participation in any Activity may also result in damage to property that I own or property owned by others, and for which I may be held responsible as a result of any negligence or misconduct on my part, including, but not limited to, damage to property that may occur as a result of the transportation of equipment and related activities or services performed or undertaken by VQ and its Releasees.
I certify that I am physically fit, have sufficiently trained for participation in the Activities I choose to participate in, which may include very strenuous physical activities, have sought the advice of qualified medical personnel prior to undertaking such physical activities, and have not been advised a qualified medical person to not participate in any Activities in which I choose to participate. I understand that it is my responsibility to stop, or reduce the intensity of, any Activity where it would be reasonable for me to do so. I also acknowledge that none of the Releasees are trained medical professionals, except where expressly so indicated and will not view their advice as that of trained medical professionals.
I understand and agree that situations may arise during the course of any Activity that are beyond the immediate control of any of the Releasees, and I agree to stop, reduce, or otherwise modify my participation in the Activity so as to prevent or minimize the risks to myself and others. I accept responsibility for the condition and adequacy of my equipment I use, whether or not provided by the Releasees. I will wear a helmet while cycling in order to protect against serious head injury, and I assume all responsibility and liability for the selection and adequacy of such helmet. I have no physical or mental conditions, which would pose an unreasonable risk to or endanger others or myself if I participate in any Activity in which I choose to participate. .
In the event of a medical emergency, I authorize any of the Releasees to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care, and I agree that I will be solely responsible for payment of any and all such medical treatment. I certify that I carry paid up health and accident insurance coverage that will be in effect during the Activity.
I expressly authorize and agree that the Releasees may collect, retain, and use information related to any Activity in which I choose to participate, including, but not limited to, my performance therein. I expressly authorize and agree that the Releasees may collect, retain, and use data arising from any testing in which I choose to participate, and agree that I will not disclose to the Releasees or otherwise allow them to obtain, any information I wish to keep private, confidential, or fully protected from dissemination or disclosure to the Releasees or third parties. I expressly agree that the Releasees may make reasonable use of my name, image, and likeness in connection with their business or promotional activities, via any media, including social media, and hereby release any claims I may have for compensation or injury as a result of any such use.
For myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, ""Successors""), I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the Releasees from any and all rights and claims (including claims arising from the Releasees' own negligence), which I have, known or unknown, or which may hereafter accrue to me, and from any and all claims of damage that may arise directly or indirectly in connection with the Activities, my participation in any Activity, or any related travel or transportation associated therewith.
I further acknowledge that by coming to VQ and/or engaging in any activity with other persons organized, sponsored, arranged, or attended by individuals affiliated with VQ and engaging in any activity therein in any proximity to other persons and for any length of time carries with it a risk of exposure to and/or infection with any number of communicable diseases, including, but not limited to, with the virus commonly referred to as COVID-19. By coming to VQ Labs and engaging in any conduct, including but not limited to cycling, swimming, running, and any other athletic or non-athletic activities, I hereby accept any and all such risk, and for myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, ""Successors""), I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the Releasees from any and all rights and claims (including claims arising from the Releasees' own negligence), which I have, known or unknown, or which may hereafter accrue to me, and from any and all claims of injury or damage that may arise directly or indirectly in connection with any such infection or contraction of any such communicable disease.
I agree for myself and my successors, heirs, and assigns, that the above representations and agreements are contractually binding and are not mere recitals and that should I assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable legal fees and costs) incurred by the other party or parties in defending, unless the other party(ies) are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any subsequent waiver or modification.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
CONSENT AND RELEASE OF PARENT OR GUARDIAN
I am the parent or guardian of _____________________ (""Child""). I consent to my Child's participation in the Activity, and my child is fit to participate in same. I have read and I understand the foregoing Waiver and Release Agreement. In consideration of my Child's participation in the Activity, I consent to and agree that the terms of the foregoing Waiver and Release Agreement shall likewise bind me, my Child, my Successors and my Child's Successors. I hereby release and shall defend, indemnify and hold harmless the Releasees from every claim and any liability that I or my Child may allege against the Releasees (including reasonable legal fees and costs) because of my Child's participation in the Activity; whether caused by the negligence of the Releasees or others. I promise not to sue the Releasees on my behalf or on behalf of my Child regarding any claim arising from my Child's participation in the Activity.
"
I am the parent or guardian of _____________________ (""Child""). I consent to my Child's participation in the Activity, and my child is fit to participate in same. I have read and I understand the foregoing Waiver and Release Agreement. In consideration of my Child's participation in the Activity, I consent to and agree that the terms of the foregoing Waiver and Release Agreement shall likewise bind me, my Child, my Successors and my Child's Successors. I hereby release and shall defend, indemnify and hold harmless the Releasees from every claim and any liability that I or my Child may allege against the Releasees (including reasonable legal fees and costs) because of my Child's participation in the Activity; whether caused by the negligence of the Releasees or others. I promise not to sue the Releasees on my behalf or on behalf of my Child regarding any claim arising from my Child's participation in the Activity.