ATHLETE SERVICES AGREEMENT
THIS ATHLETE SERVICES AGREEMENT (“Agreement”) is by and between Carmichael
Training Systems, Inc., a Delaware corporation, located at 1319 West Colorado Avenue, Colorado
Springs, CO 80904 (“Company”), and the individual identified in the signature block (“Athlete”),
and is effective as of the date of signing by Athlete (“Effective Date”). Company provides a range
of personal coaching, training camps, classes, and other related services (collectively,
“Services”), and Company agrees to provide the Services to Athlete, and Athlete agrees to
engage the Services from Company, under the terms and conditions set forth in this Agreement.
A. TERMS OF SERVICE APPLICABLE TO COACHING SERVICES.
1. Services Fees. The fees for Services are payable in advance each calendar month by
debit card, credit card, or charge card. By signing this Agreement, Athlete is authorizing
Company to charge, on a recurring basis, the card on file for the Services provided. Athlete is
responsible for updating the card on file with Company to avoid any disruptions in Services
due to non-payment. Company reserves the right to discontinue or suspend Services for nonpayment and, if necessary, send Athlete’s account to a collection agency.
2. Registration Fee. If applicable to provision of the Services, then the registration fee is
payable upon signing this Agreement and is non-refundable.
3. Term. The initial term of this Agreement is the duration of the Services package Athlete
selected during registration. The available Services packages are either: (a) a 12-month term
Agreement; or (b) a month-to-month Agreement.
4. Renewal. For a 12-month Agreement, upon completion of the initial term and each
successive term, this Agreement shall renew automatically for an additional 12-month term,
unless notice of non-renewal is provided by Athlete in writing to Company at
athleteservices@trainright.com, no later than 14 calendar days prior to the then-current term
renewal date. For a month-to-month Agreement, this Agreement shall automatically renew
every month, unless terminated per Section A., Paragraph 6., Termination by Athlete of
Month-to-Month Term Agreement.
5. Termination by Athlete of 12-Month Term Agreement.
a. First 30 Days. If Athlete is dissatisfied with the Services performed by Company, then
Athlete may terminate this Agreement during the first 30 days from the commencement of
Services of the initial term, and Athlete may request a refund of the first monthly fee and
terminate this Agreement; provided, however, that Athlete submits notice of termination in
writing to Company at athleteservices@trainright.com no later than 30 days from the
commencement of Services. The refund applies only to the Services fee. Any registration
fee paid will not be refunded. All coaching package features and benefits must be
redeemed while the athlete is active and in a valid agreement term.
b. Days 31 to 90. Athlete may terminate this Agreement within days 31 to 90 from the
commencement of Services of the initial term with no penalty; provided, however, that
Athlete submits notice of termination in writing to Company at
athleteservices@trainright.com no later than 90 days from the commencement of Services
of the initial term. The refund described in Section A, Paragraph 5.a., First 30 Days,
does not apply. Any registration fee paid will not be refunded. All coaching package
features and benefits must be redeemed while the athlete is active and in a valid
agreement term.
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c. After 90 Days. Athlete may terminate this Agreement after 90 days from the
commencement of Services of the initial term; provided, however, that Athlete submits
notice of termination in writing to Company at athleteservices@trainright.com no later than
the last day of the then-current month during which Services are being provided to Athlete,
and Athlete will be charged a cancellation fee equal to 1 month of the then-current fees
for Service. Any registration fee paid will not be refunded. All coaching package features
and benefits must be redeemed while the athlete is active and in a valid agreement term.
d. Prepaid Services. If Athlete has prepaid for Services, then upon termination of this
Agreement, the remaining prepaid Services, after assessment of any applicable
cancellation fee, will be issued as a credit to Athlete’s card on file. Any registration fee
paid will not be refunded. All coaching package features and benefits must be redeemed
while the athlete is active and in a valid agreement term.
6. Termination by Athlete of Month-to-Month Term Agreement.
a. First 30 Days. If Athlete is dissatisfied with the Services performed by Company, then
Athlete may terminate this Agreement during the first 30 days from the commencement of
Services, and Athlete may request a refund of the first monthly fee and terminate this
Agreement; provided, however, that Athlete submits notice of termination in writing to
Company at athleteservices@trainright.com no later than 30 days from the
commencement of Services. The refund applies only to the Services fee. Any registration
fee paid will not be refunded. All coaching package features and benefits must be
redeemed while the athlete is active and in a valid agreement term.
b. After 30 Days. After 30 days from the commencement of Services, Athlete may
terminate this Agreement upon written notice to Company at
athleteservices@trainright.com. To cancel Services commencing effective for the
following month, Athlete must provide written notice to Company a minimum of 7 days
prior to Athlete’s billing date for Services. The written notice of termination must come
from Athlete and cannot come from Athlete’s coach. After 30 days from the
commencement of Services, no portion of any monthly payment can be refunded,
prorated, or credited to other Services or Company products, nor transferred to another
Athlete under contract with Company. Any registration fee paid will not be refunded. All
coaching package features and benefits must be redeemed while the athlete is active and
in a valid agreement term.
c. Resumption of Services. Any request by Athlete for a break from Services will be
treated as a notice of termination per, and the request must be done in compliance with,
this Section A., Paragraph 6., Termination by Athlete of Month-to-Month Term
Agreement. Athlete may resume Services when Athlete is ready by signing up on the
Company website (www.trainright.com), or by contacting Company at
athleteservices@trainright.com. Upon resuming Services, Athlete shall pay the thencurrent registration fee.
7. Termination by Company. Company may terminate this Agreement at any time upon 5-
days prior written notice to Athlete. If Company terminates this Agreement, then no
cancellation fee will be assessed to Athlete. Any registration fee paid will not be refunded. All
coaching package features and benefits must be redeemed while the athlete is active and in
a valid agreement term.
8. Reservation of Rights. Upon termination of this Agreement by either party, Company
reserves the right, at Company’s sole discretion, not to renew or resume this Agreement, and
not to enter into another Agreement with Athlete.
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B. TERMS OF SERVICE APPLICABLE TO CAMP AND BUCKET LIST EVENTS SERVICES
1. Deposit Fee. The deposit fee for the Services is due at the time of registration. The deposit
fee is non-refundable and cannot be credited to other Services or Company products, nor
transferred to another Athlete under contract with Company.
2. Camp Fees and Cancellation Policy. Unless otherwise stated in writing from Company to
Athlete, the remaining balance due for Services will be charged automatically to the debit
card, credit card, or charge card on file with Company 45 days prior to the first day of Services.
Cancellations within and including 45 days prior to the first day of Services are subject to a
cancellation fee of 100% of the Services price. The cancellation fee is non-refundable and
cannot be credited to other Services or Company products, nor transferred to another Athlete
under contract with Company.
3. Bucket List Events Fees and Cancellation Policy. Unless otherwise stated in writing
from Company to Athlete, the remaining balance due for Services will be charged
automatically to the debit card, credit card, or charge card on file with Company in two equal
installment payments as follows: (a) the first installment payment will be charged 90 days prior
to the first day of Services; and (b) the second installment payment will be charged 45 days
prior to the first day of Services. Cancellations within and including 45 days prior to the first
day of Services are subject to a cancellation fee of 100% of the Services price. Cancellations
within and including 46 to 90 days prior to the first day of Services are subject to a cancellation
fee equal to the first installment payment for the Services. The cancellation fee is nonrefundable and cannot be credited to other Services or Company products, nor transferred to
another Athlete under contract with Company.
4. General Policies.
a. Fees. All fees paid by Athlete will be applied to the Services for which Athlete is
registered.
b. Cancellation by Athlete. Exceptions to the cancellation policies of this Section B.,
Terms of Service Applicable to Camp and Bucket List Events Services, cannot be
made for any reason.
c. Cancellation by Company. Company reserves the right to cancel the Services at any
time. If Company cancels the Services, then, at Company’s sole discretion, Company will
either: (i) issue Athlete a refund for any money paid to Company, to the card on file with
Company, within 45 days of the cancellation date, or (ii) reschedule the Services and apply
any money paid to Company by Athlete to the rescheduled Services provided to Athlete.
Company is not responsible for expenses incurred by Athlete and associated with planning
Athlete’s trip to attend and participate in the Services, such expenses including, without
limitation, airfare, lodging, meals, and transportation.
d. Rescheduling. The Services will be conducted based on the scheduled dates posted
on Company’s website at www.trainright.com; however, if Company cancels the Services
per this Section B., Terms of Service Applicable to Camp and Bucket List Events
Services, then Company reserves the right, at Company’s sole discretion, to reschedule
the Services.
e. Discounts. There are no discounts, refunds, or exchanges associated with, or provided
to, Athlete for skipping or missing any portion of the Services, including, without limitation,
meals, lectures, or rides.
f. Dissatisfaction. If Athlete is not satisfied with the Services, then Athlete must notify a
Company representative (either a coach, or a manager for the camp or bucket list event)
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as soon as possible DURING the Services. Company will make a considerable effort to
remedy any issues with the Services. Refunds will not be issued for Services after the
Services have commenced.
g. Rules. Services for bucket list events may have specific rules in addition to, or different
from, this Agreement, and such rules will be posted on Company’s website at
www.trainright.com, and the rules are incorporated herein by reference.
C. TERMS OF SERVICE APPLICABLE TO À LA CARTE SERVICES
1. À la Carte Services and Payment. “À la Carte Services” include private camp services,
testing services, lab services, evaluation services, coaching consultation services, and fees
associated with these services. Full payment for À la Carte Services is due and payable by
debit card, credit card, or charge card at the time of registration. The only exception is for
coaching consultation services, and a deposit to register is due by debit card, credit card, or
charge card at the time of registration; and final payment for coaching consultation services
will be billed to the card on file with Company upon completion of a coaching consultation
services. No refunds will be issued after À la carte Services have been provided.
2. Rescheduling. If Athlete needs to reschedule À la carte Services, then all reschedule
requests must be provided to Company in writing at athleteservices@trainright.com no less
than 7 days prior to the commencement of the scheduled À la carte Services. Athlete may
reschedule À la Carte Services only one time.
3. Cancellation Fees. Cancellation within and including 15 days prior to the first day of
Services is subject to a cancellation fee of 100% of the À la carte Services price. Cancellation
within and including 16-30 days prior to the first day of À la carte Services is subject to a
cancellation fee of 50% of the À la carte Services price. Cancellation within and including 31
or more days prior to the first day of À la carte Services is not subject to a cancellation fee,
and the Services price will be refunded in full to the card on file with Company.
Notwithstanding the foregoing, cancellation of rescheduled Services is subject to a
cancellation fee of 100% of the À la carte Services price. The cancellation fee is nonrefundable and cannot be credited to other Services or Company products, nor transferred to
another Athlete under contract with Company.
4. Expenses. Company is not responsible for expenses incurred by Athlete and associated
with Athlete’s attendance and participation in the scheduled À la Carte Services, including,
without limitation, either Athlete’s or Company’s cancellation of the À la Carte Services, or
equipment malfunction.
5. Schedule. Athlete must arrive on time, dressed, and ready to begin, per the schedule
provided in advance by Company. Athlete is expected to arrive a minimum of 15 minutes prior
to the À la carte Services start time. Athlete will be charged a $50.00 late fee if Athlete’s arrival
time is equal to or greater than10 minutes after the À la carte Services start time.
6. Equipment Malfunction. Company is not liable for any technical issues or equipment
malfunction. In the event of any technical issue or malfunction, Athlete will be issued a full
refund to the card on file with Company for any À la carte Services not performed.
7. Termination of Services by Company. Company reserves the right to suspend or cancel
À la Carte Services at any time, for any reason. In the event of cancellation by Company,
Athlete will be issued a full refund to the card on file with Company for any À la Carte Services
not provided by Company. The cancellation fee cannot be credited to other Services or
Company products, nor transferred to another Athlete under contract with Company
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D. GENERAL PROVISIONS APPLICABLE TO ALL SERVICES.
1. Services. The Services engaged by Athlete from Company under this Agreement are not
transferable by Athlete to another party.
2. Athlete Equipment Handling and Storage. Company is not liable for any loss, damage,
or injury related to the assembly, handling, or packing of Athlete’s equipment, including,
without limitation bicycles, gear, clothing, and personal property (“Equipment”). Company is
not liable for any damage to, or theft of, Athlete’s Equipment while stored in a Company
training facility, or camp or bucket list event location. Athlete is solely responsible to maintain
adequate insurance for Equipment. Athlete is responsible for arriving to the Services location
with the necessary Equipment. In no event will fees for Services be refunded to Athlete due
to a lack of Equipment.
3. Athlete Responsibilities. Athlete agrees to abide by all policies and regulations of
applicable industry associations and national governing bodies regarding the nonuse of
performance enhancing drugs, including any banned substances.
4. Company Independent Contractors. Services may be provided on Company’s behalf by
independent contractors. The independent contractors are independent from Company, and
are governed by their respective state licensing authority, if applicable. The use by Athlete of
Services provided by independent contractors is voluntary, and Athlete indemnifies, releases,
and holds harmless Company from and against any liability, claim, loss, or injury associated
with Services.
5. Confidentiality. Athlete agrees that Services provided under this Agreement are strictly
confidential and may not be disclosed to any third party without the express written consent
of Company, including without limitation, any materials provided to Athlete by Company, the
techniques and methodologies used by Company in providing Services under this Agreement,
and the substance of communications between Company and Athlete. Athlete agrees that
Athlete shall not reproduce any materials provided to Athlete by Company, and that Athlete
will not remove any proprietary markings from materials provided to Athlete from Company,
including any confidentiality notices, or copyright notices. Athlete understands and agrees that
Company is the sole and exclusive owner of all concepts, programs, ideas, materials,
copyrights, trademarks, and other intellectual property rights associated with the Services.
6. Assumption of Risk. Athlete represents and agrees that Athlete is at least 18 years of
age. Athlete understands and agrees that participation in the Services is voluntary; the
Services may require intense physical activity; and that such participation carries with it certain
and inherent and unavoidable risks, including, without limitation, an increased risk of serious
illness, injury, paralysis, or even death. With full awareness of such risks, Athlete agrees that
Athlete assumes the risk of participating in the Services. Athlete represents and agrees that
Athlete is physically fit and sufficiently trained for participation in the Services, that Athlete has
not been advised against participation by a qualified health professional, and that Athlete
currently suffers from no physical or mental condition that would impair Athlete’s ability to fully
participate in the Services. Athlete agrees that Athlete is voluntarily participating in the
Services, whether currently, or in the future, with the knowledge of the numerous risks and
dangers involved and that Company shall bear no responsibility or liability, including, without
limitation, for: (a) negligence in any manner on the part of Company in the conduct or
arrangement of the Services, (b), Equipment, including without limitation, selection, assembly,
shipping, packing, handling, storage, failures, or maintenance; (c) the maintenance or
operation of any van or other motor vehicle utilized to transport Athlete, or any other
transportation failure, regardless of the mode of transportation; (d) physical exertion for which
Athlete is not prepared; (e) risk associated with food, impure water, or other beverages; (f)
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criminal activity; (g) dangers associated with wild or other animals; (h) high altitude, accident,
or illness without access to means of rapid evacuation, or availability of medical supplies or
services, or the availability or adequacy of medical attention once provided; or (i) lost, stolen,
or misplaced luggage or property. Athlete acknowledges and agrees that the enjoyment
derived from participating in the Services and the inherent risks assumed are beyond the
accepted safety of life at home or work. Athlete understands and agrees to be responsible for
Athlete’s own welfare and accepts all risk of delay, unanticipated events, inconvenience,
illness, injury, emotional trauma, or death. Athlete understands and agrees that Athlete is
solely responsible for arranging any lodging, transportation, equipment, and other related
travel accommodations, and for all expenses needed by Athlete to participate in the Services
(“Athlete Expenses”). Company is not liable for any Athlete Expenses for any reason,
including, without limitation, cancellation of the Services. Athlete understands and
acknowledges that Company makes no warranties of any kind, express or implied, and does
not guarantee individual results, and that Athlete, not Company, is personally responsible for
the achievement of individual performance goals.
7. Waiver, Release of Liability, and Indemnification. Athlete fully discharges and covenants
to Company that Athlete, nor any other party on behalf of Athlete, will sue or threaten to sue
Company and agrees to indemnify, save, and hold harmless Company, Company’s
representatives, directors, agents, employees, officers, volunteers, other athletes, any
sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the
Services may take place (collectively, “Released Parties”) from all liability, claims, demands,
losses, or damages on Athlete’s account caused, or alleged to be caused, in whole or in part,
by the negligence of Released Parties or otherwise, including negligent rescue operations. In
consideration of Company’s acceptance of Athlete’s request to participate in the Services,
Athlete indemnifies, releases, and forever discharges Company and any Company
representative from any liability, claims, losses, costs, or expenses, and waives the right to
pursue legal action against Company arising directly or indirectly from 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, including attorney fees
and costs, whether caused in whole or in part from the Services or any instruction or training
associated with the Services, and whether based upon the breach of any express or implied
warranty, negligence, or under any other legal theory. This waiver, release, and
indemnification shall be binding upon Athlete’s heirs, assignees, successors, and personal
representatives.
8. Requirements to Obtain Services if Under the Age of 18. For participation in Services
of individuals under the age of 18, a written agreement executed by a parent or legal guardian
is required. For purposes of this Agreement, the term “Athlete” shall include the parent or legal
guardian. Further, Athlete agrees that if, despite the release hereunder, the minor Athlete or
anyone on the minor Athlete’s behalf makes a claim against any of the Released Parties, then
the minor Athlete, and the minor Athlete’s parent or legal guardian will indemnify, save, and
hold harmless each of the Released Parties from any liabilities including, without limitation,
litigation expenses, attorney fees and costs, damage, or costs incurred as a result of, or in
any way, associated with any such claim, per Section D., Paragraph 8., Waiver, Release of
Liability, and Indemnification.
9. Applicable Law and Forum. This Agreement is entered into in the State of Colorado and
shall be governed by and construed in accordance with the laws of the State of Colorado,
without regard to conflicts of law principles. The Parties agree that any legal dispute over the
enforcement or validity of this Agreement shall be brought exclusively in an appropriate court
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for the State of Colorado, or the applicable United States District Court, and the Parties agree
and consent to the venue, personal jurisdiction, and subject matter jurisdiction of these courts.
10. Entire Agreement. This Agreement sets forth the entire understanding of the parties with
respect to the subject matters in this Agreement, and supersedes all prior agreements,
understandings, statements, representations, warranties, or covenants, written or oral, made
by either party, except as expressly set forth herein. The terms and conditions of this
Agreement may not be amended or modified without the express written consent of Company,
and any attempt to do so shall be null and void. Athlete may not assign Athlete’s rights, nor
delegate Athlete’s duties, under this Agreement without the prior written consent of Company.
11. Use of Name and Likeness. Athlete agrees and grants to Company, and Company’s
authorized representatives, permission to record, photograph, film, or video, Athlete’s
participation in the Services. Athlete further agrees that any material so recorded,
photographed, filmed, or videoed may be used, in any form, as part of any future website,
publications, brochure, or other electronic, digital, or printed matter used to promote
Company, and that such use of the material, and Athlete’s name or likeness in connection
with the material, shall be without payment of fees, royalties, special credit, or other
compensation to Athlete. If Athlete does not want Company and Company’s authorized
representatives to use Athlete’s name or likeness, then Athlete must inform the Company in
writing prior to Athlete’s participation in the Services.
ATHLETE is signing this Agreement as of the Effective Date.
IF ATHLETE IS A MINOR, under the age of 18 years old, then I, the undersigned, represent and
warrant that I am of full age, 18 years old or older, and have the legal right to contract for the
Athlete. I state further that I have read the Agreement prior to signing, and that I am fully familiar
with, and understand, the terms and conditions of the Agreement.
