1. FISCAL TERMS APPLICABLE TO THE MINDFUL MILES TRAINING PROGRAM.
(a) Fees. Participant will be charged $89 (the “Enrollment Fee”), payable in advance for enrollment and participation in the Mindful Miles Training Program. Participant authorizes Mindful Miles 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 forth below. Taxes may apply to the Enrollment Fee. Enrollment fees do not auto-renew at the end of your term. Program lasts 4 weeks.
(b) Refund. No refunds or exchanges will be given at any time.
(c) Scholarship & Contest Winners. In the event Participant is a Mindful Miles contest winner or awarded a scholarship by Mindful Miles, 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) Mindful Miles Annual Membership. In the event Participant is already enrolled in the Mindful Miles Annual Membership program, the Enrollment Fee shall be discounted.
2. DISCLOSURE OF POTENTIAL DANGERS AND RISKS OF THE PROGRAM. There are physical risks inherent in participation in Mindful Miles 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 Mindful Miles has no control over. Risks include interaction with other Mindful Miles 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 Mindful Miles participants, contact/collisions with non-Mindful Miles 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. MINDFUL MILES 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 musculoskeletal 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 Mindful Miles 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 MINDFUL MILES/AGREEMENT NOT TO SUE. Participant hereby releases, discharges and holds harmless Mindful Miles, 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 Mindful Miles, or any other liability without fault. Participant understands that Mindful Miles 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 Mindful Miles. Participant agrees to indemnify, defend and hold harmless Mindful Miles 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 Mindful Miles leaders, trainers, and other professional or amateur photographers. Participant hereby grants to Mindful Miles, 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 Mindful Miles 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 Mindful Miles, 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 Texas and deemed to have been entered into in the State of Texas. Venue for any actions arising out of or pertaining to this Agreement shall be in the Courts in Texas County.