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ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION, AND ARBITRATION AGREEMENT

Notice – By clicking on the checkbox “I agree to Evoke Endurance LLC’s Terms of Service,” you may be waiving certain legal rights, including the right to sue. Please read the Terms of Service thoroughly before you place an order. If you have any questions, please ask us or consult an attorney.

Acknowledgement and Assumption of Risk

In consideration of being allowed to participate in programs and/or utilize the coaching of Evoke Endurance, their officers, agents, employees, volunteers, subsidiaries, and all other persons or entities associated (hereinafter referred collectively to as “Evoke Endurance”) I, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, agree as follows:

While Evoke Endurance has taken reasonable steps to provide appropriate programming, coaching, and exercise sound judgment, the activities are not without risk. These risks are inherent in the type of physical training Evoke Endurance is helping undertake, and all risk cannot be fully mitigated without destroying the very nature of the activity itself. The following describes some, but not all, of the risks, which may result in serious injury or death: slips and falls, collisions with equipment dropped by myself or someone else, collisions with the ground, musculoskeletal injuries and strains from exercise and use, collisions with other participants, and medical emergencies or conditions from overexertion.

This training is being conducted remotely and without supervision by Evoke Endurance. All information about the Participant, Participant’s ability, and feedback is the sole responsibility of the Participant alone and its accuracy cannot be verified by Evoke Endurance. Participant should first consult a doctor to ensure that a Participant is healthy enough for such training. Participants should constantly self-evaluate their comfort and physical suitability for activities. It is up to the Participant to monitor themselves and raise concerns with Evoke Endurance and their doctor or health care provider.

I acknowledge these risks, that this list is far from exhaustive and merely exemplary, and that the staff of Evoke Endurance has been available to me to explain the nature and demands of my program and the inherent risks, hazards, and dangers. I understand that I am the best judge of my own abilities and experience level, and that I, not Evoke Endurance, am responsible for the consequences of activities I choose to perform. I assume and accept full responsibility for myself for bodily injury, death, and loss of personal property and expenses as a result of these risks.

I thus certify that I have no physical or mental condition that precludes me from participating in the Programs and that I am not participating against medical advice. I certify that I am fully capable of participating in this activity.

Release and Waiver of Claims; Indemnification Agreement

In consideration of the aforementioned participation, I furthermore agree:

TO WAIVE ALL CLAIMS I have or may have against Evoke Endurance arising from my participation or use of any equipment provided by Evoke Endurance. I understand that I am releasing any and all claims that arise from any negligent acts or conduct of Evoke Endurance to the fullest extent permitted by the law. However, nothing in this agreement shall be construed as a release for conduct that is grossly negligent or intentional;
TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of Evoke Endurance. I understand that there are inherent risks of participating in these activities and using the equipment, which may be both foreseen and unforeseen and include serious injury and death;
TO RELEASE Evoke Endurance from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of participation in the activity and use of equipment, including while receiving instruction and/or training; and

TO INDEMNIFY Evoke Endurance from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of participation in the activity and use of equipment.
Arbitration

The Participant, and the Participant’s parent(s) or legal guardian(s) if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party- appointed arbitrators (one appointed by each party) and one neutral arbitrator (collectively, the “Panel”) to be chosen by the party appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a physical training service offering the same type of Program from which the dispute arises in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator within 20 days of their appointment, the neutral arbitrator shall be appointed by the United States District Court, for the District of Montan, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party- appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county of Carbon County, Montana, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law .

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY CLICKING ON THE CHECKBOX “I AGREE TO EVOKE ENDURANCE LLC’S TERMS OF SERVICE” I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I UNDERSTAND THAT THIS AGREEMENT SHALL REMAIN IN EFFECT FOR ALL FUTURE EVOKE ENDURANCE ACTIVITIES UNLESS AND UNTIL EXPRESSLY REVOKED IN WRITING.

Parents or Guardians must read and agree to the Terms of Service if the Participant is UNDER 18.