I am executing the following Waiver and Release of Liability and Indemnification (“Release”) as a condition to enrollment as a participant (“Participant”) in the athletic training and testing services (“Coaching & Testing Services”) offered by City Coach Inc. By signing below, I, as the Participant, expressly understand, assume and consent to all the terms, conditions and risks set forth herein.  

 1.    The Coaching & Testing Services

    I  understand that the Coaching & Testing Services involve a variety of activities requiring intense physical activity facilitated by an employee, agent, contractor or agent of City Coach Inc.

Participant’s Assumption of Risk

    A)    I represent that I am at least eighteen (18) years of age or older.  I hereby further state that I currently suffer from no physical or mental condition that would impair my ability to fully participate in the Coaching Services.

    B)    By signing below, I further understand and agree that participation in the Coaching Services is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death.  With full awareness of such risks, I agree that I assume the risk of participating in the Coaching Services, including any such risk of death, injury and other losses and damages sustained by me arising out of or in connection with the Coaching Services or any system or equipment used in connection with the Coaching & Testing Services.  I further understand and that the Coaching & Testing Services require physical activity at a greater intensity heart rate level and I acknowledge that City Coach Inc.  has advised me I should consult with my physician before participating in the Coaching & Testing Services.  I certify that I am physically fit and sufficiently trained for participation in the Coaching & Testing Services and that I have not been advised against participation by a qualified health professional.

 C)    If I am under the care of a physician, my enrollment in the Coaching & Testing Services will be made known to my physician by me.  My involvement in the Coaching & Testing Services will be in accordance with my physician’s instructions regarding the Coaching & Testing Services.  City Coach Inc and their respective representatives shall in no way be responsible for my compliance with my physician’s instructions.  I expressly agree that I am solely responsible for my compliance with my physician’s instructions.

    D)    This Release shall be binding upon my heirs, assignees, successors and personal representatives. I assume the risk of injury, death, illness or damage to any third party or any third party’s property arising out of my participation in Coaching & Testing Services.

3.    Indemnification

    A)    I hereby indemnify, release and discharge CITY COACH INC. from any liability, claims, losses, judgments, costs, or expenses, and waive the right to pursue legal action against CITY COACH INC. representative arising directly or indirectly from my participation in the Coaching & Testing Services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theories.

    B)    I hereby indemnify City Coach and their respective representatives and assume the risk of any and all liability claims and damages, direct or indirect, to third parties or their property, arising out of my participation in the Coaching and Testing Services.

    C)    In accordance with the foregoing, I hereby agree to indemnify and hold City Coach Inc.  and their respective representatives, harmless for any and all claims, actions, demands, damages, liabilities, expenses that arise in connection with my testing or directly or indirectly result from the Coaching & Testing Services.

4.    Disclaimer

    A)    I hereby acknowledge that Coaching & Testing Services are provided “AS IS”, without warranties of any kind, express or implied, nor am I guaranteed any individual results.  I am personally responsible for the achievement of my individual performance goals. I further understand and agree that City Coach Inc. and their respective representatives expressly disclaim any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract, negligence, tort, or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Coaching & Testing Services or any products offered or endorsed by City Coach Inc or their respective representatives.  Under no circumstances shall City Coach Inc.  or their respective representatives be liable for special, indirect, incidental or consequential damages of any nature whatsoever.

    B)    I hereby waive and release CITY COACH INC., and their respective representatives from any claims based on any oral or written statements made prior to or contemporaneous with this Release and disclaim any reliance on any such statements.

Acknowledgment of Release Terms and Conditions

   I hereby represent that I have carefully read and fully understand the contents of this Release and that this Release is legally binding and enforceable, and that I agree to the terms and conditions of this Release.