Andiamo Andiamo Inc Athlete Training Waiver/Service Agreement, Refunds and Cancelation Policy
THIS ATHLETE SERVICES AGREEMENT (“Agreement”) is by and between Andiamo Andiamo, Inc., a Texas corporation, (“Company”), and by you (the Athlete) identified in the purchase receipt from Andiamo Andiamo Inc received by you the (“Athlete”), and is effective as of the date of purchase (“Effective Date”) by you (the Athlete). Andiamo Andiamo Inc provides a range of personal coaching, and when applicable training camps, classes, and other related services (collectively, “Services”), and Andiamo Andiamo Inc agrees to provide the Services to you (the Athlete), and you the Athlete agree to engage the Services from Andiamo Andiamo Inc, under the terms and conditions set forth in this Agreement.
Andiamo Andiamo Inc, as well as its employees, agents, independent contractors and/or affiliates, disclaim any liability or loss sustained in connection with exercises recommended, or the instructions and advice expressed to you by your coach and/or training program. Your recommended training program includes, but is not limited to, advice from your coach, strenuous exercise and/or testing, either individually, or as part of organized sanctioned and unsanctioned Group Sessions and workouts.
You (the Athlete) acknowledge that you are embarking upon a triathlon, cycling, and/or running training program. You understand that triathlon, cycling, and running have inherent risks and can have dangers. You are aware of the risks and dangers involved in these sports. You acknowledge you have obtained a sports physical in the last 180 days and have been shown to be in a state of health that will enable you to safely undertake strenuous exercise.
You (the Athlete) acknowledge and understand that it is your responsibility to ensure that you are in a continuous state of health, which will enable you to safely undertake strenuous exercise. You are also personally responsible for ensuring the safe application of everything described by your training program or coach. To reduce the risk of injury, you agree that you have been, will be, and if needed, be advised and directed to consult your doctor before beginning or continuing this or any exercise/nutrition program. The instructions and advice presented through this program are in no way intended as a substitute for medical counseling.
Not all exercise programs are suitable for everyone. This and any other exercise program may result in injury. Every user of Andiamo Andiamo Inc, training program, (including using Andiamo Andiamo Inc independent contractors and/or affiliates) assumes the risk of injury resulting from the performance of the recommended exercises or following the coaching advice of Andiamo Andiamo Inc and/or independent contractors and or Andiamo Andiamo Inc affiliates. By participating in physical training and racing activities, you acknowledge, accept, and assume the risk inherent therein and certify that you are physically fit and have not been advised against participation by a qualified medical and/or health professional.
You (the Athlete) assume the risks of running, biking, swimming, resistance training, and participation in any racing or training event. You also assume any and all other risks associated with the training program or racing activities, including but not limited to falls, or effect of any other participants, effects of weather, including heat and /or humidity, defective equipment provided by Andiamo Andiamo Inc, the condition of roadways, water hazards, contact with other participants, and any hazard that may be posed by vehicular traffic or pedestrians, all such risk being known and appreciated by you. You (the Athlete) understand that there are inherent risks in participating in a triathlon, due to the negligence of other athletes, in both sanctioned and unsanctioned group settings. You recognize, and accept, that Andiamo Andiamo Inc is not responsible for the behavior and/or negligence of other athletes, both outside of, and under, Andiamo Andiamo Inc direction. You further acknowledge that these risks may be the result of the negligence of Andiamo Andiamo Inc and/or its officers, directors, owners, employees, and independent contractors. You agree to indemnify and hold harmless the persons or company released herein from any and all claims made, or liabilities assessed against them as a result of your actions or inaction, the actions or negligence of others, including those parties hereby indemnified or any other harm caused by an occurrence related to an Andiamo Andiamo Inc training program, Group Sessions program, training camp, and/or any other related activities.
Email/Voicemail/Text Message Push Notifications
So that we may communicate with you in an efficient manner you (the Athlete) agree to receive email, voicemail, and text message push notifications throughout the duration of your training commitment (month-to-month, three-month, or six-month) until either you notify us to stop or your training commitment have ended.
You (the Athlete) understand the nutrition instruction, advice, and counseling and race fueling services (hereinafter “services”) provided by Andiamo Andiamo Inc is exclusively for maintenance of health and promotion of increased performance. Said services are not for the identification, management, or treatment of medical conditions or diseases. All services are incidental to the sport of triathlon, cycling, and/or running for the sole and specific purpose of increased athletic performance.
You (the Athlete) are fully aware the services addressed above may or may not be provided by a Registered Dietitian or Nutritionist.
You (the Athlete) agree that you have been informed and made fully aware that none of the information and/or services provided by Andiamo Andiamo Inc and/or an employee, independent contractor, and/or representative thereof is intended to be a medical diagnosis, medical treatment, or medical advice.
You (the Athlete) further agree Andiamo Andiamo Inc nutritional planning should never be used as medical diagnosis, medical treatment, or medical advice or used in place proper evaluation and treatment by a qualified medical professional. You have been directed to always seek the advice of a physician or other qualified healthcare provider prior to starting any and every new dietary plan, nutritional plan, and/or exercise regimen to ensure that dietary plan, nutritional plan, and/or exercise regimen is medically appropriate and safe and to address all questions relative to any medical condition you may have. The Food and Drug Administration has not evaluated any of the statements in your Andiamo Andiamo Inc nutritional plan unless otherwise stated.
You (the Athlete) understand no Andiamo Andiamo Inc nutritional plan and/or the information provided by Andiamo Andiamo Inc, and/or an employee, independent contractor, and/or representative thereof is not intended for and should not be used by individuals who are pregnant, nursing, under 18 years old, have health problems, or have other special nutritional or medical concerns. These individuals have unique nutritional, metabolic, and health needs, and an Andiamo Andiamo Inc nutritional plan will NOT present accurate information to these individuals. Every person should seek the advice of their physician or other qualified healthcare providers.
You (the Athlete) hereby waive, release, and forever discharge Andiamo Andiamo Inc, as well as their owners, directors, officers, employees, agents, independent contractors, and/or representatives from and against any and all claims, demands, or causes of action associated in any manner with the services identified herein and the Andiamo Andiamo Inc Nutritional Plan you have received including, but not limited to any injuries received and all costs and expenses associated therewith.
Use of Name, Image, and Likeness.
We respect your privacy. As such we will not record, photograph, film, or video, you (the Athlete) participating in the services of Andiamo Andiamo Inc without your permission. Once permission is granted You (the Athlete) agree and grant to Andiamo Andiamo Inc, and Andiamo Andiamo Inc authorized representatives, permission to record, photograph, film, or video, you the Athlete’s participation in the Services. You the Athlete further agree 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 Andiamo Andiamo Inc, and that such use of the material, and Athlete’s name or likeness/image in connection with the material, shall be without payment of fees, royalties, special credit, or other compensation to Athlete.
Andiamo Andiamo Inc grants you (the Athlete) the ability to use Andiamo Andiamo Inc name, logo, and/or trademark without notice to or consent by Andiamo Andiamo Inc, in connection with certain promotional materials that you (the Athlete) may disseminate to the public. The promotional materials may include but are not limited to videotape, internet websites, social media, and the like. However, you (the Athlete) will not present, reproduce, sale the Andiamo Andiamo Inc training plans, programs, processes as your own. Should you (the Athetle) decide to disclose your training plan created for you (the Athlete) by Andiamo Andiamo Inc in any form you (the Athlete) agree to credit Andiamo Andiamo Inc as the creator of said training programs. Failure to do so may result in the immediate termination of coaching services with no refund given.
Refunds/Termination of Services
Refunds - Once services have been rendered there are no full refunds. Andiamo Andiamo Inc Client Athletes have 30 days to experience coaching. If at any time during the first 30 calendar days of training, you decide not to continue you may cancel and we will refund 40% of the first month’s coaching fee and you will no longer be obligated to the remainder of your commitment. After the initial 30-days, auto-billing will continue until a cancelation notice has been received by you (the athlete) and there will be no refunds going forward. If you decide to cancel prior to any services being rendered we will refund 85% of the first month's coaching fee. If you reside in an area we do not serve you'll receive a 100% refund.
Cancelation - You may cancel at any time with a 15-day notice prior to the next billing cycle via email to email@example.com
Termination by Andiamo Andiamo Inc/Dispute Resolution
Andiamo Andiamo Inc may terminate coaching services and this coaching service agreement at any time, for any reason including but not limited to nonpayment, threatening behavior, or harassment (in any form) upon one day prior written notice to you the Athlete. There will be NO REFUNDS of any amount given.
Should You (the Athlete) and Andiamo Andiamo Inc (known as "the parties") ever have a dispute over any matter covered by this Agreement that cannot be resolved informally, then you (the Athlete) agree to meet in person at Andiamo Andiamo Inc offices and attempt to resolve the matter face-to-face. If this meeting is not successful and the matter remains unresolved, then the parties agree to attempt to settle the matter through non-binding mediation pursuant to the Texas Rules of Civil Procedure. Either party may initiate mediation following the face-to-face described above by providing written notice to the other via certified mail. Once notice has been delivered, any otherwise applicable statute of limitation will be tolled until the dispute is settled in mediation or the mediator declares an impasse. Mediation is a necessary condition precedent to litigation and no lawsuit can be filed unless mediation has first occurred pursuant to this paragraph. Should either party file a lawsuit prior to complying with the mediation requirement, then you (the Athlete) hereby agree that such litigation shall be stayed pending the completion of the mediation. If the parties cannot agree on a mediator, then either party may file a request for mediation with American Arbitration Association (AAA) Austin or Travis County, Texas, and ask that a mediator, be appointed pursuant to their internal rules. AAA shall have the right and authority to choose a mediator if the parties cannot agree and the cost of the mediator shall be borne equally by both parties unless the mediator decides otherwise. This agreement shall be governed and construed in accordance with the laws of the State of Texas without giving effect to conflict of laws principles. In the event of any litigation, both parties submit to jurisdiction and venue solely in Travis County, Texas to the exclusion of all other jurisdictions and venues, and further agree that they will not assert that such is an inconvenient forum.
You, (the Athlete) acknowledge in purchasing Andiamo Andiamo Inc services you (the Athlete) have read and fully understand this release, and agree you are using Andiamo Andiamo Inc and all services including, but not limited to, dietary and/or nutritional services, at your own risk. you assume full responsibility for any injuries or damages resulting from your use and implementation of the Andiamo Andiamo Inc training plan, nutritional plan, race fueling plan, and/or advice, which is based on Andiamo Andiamo Inc protocol.
You (the Athlete) WAIVE, RELEASE, AND FOREVER DISCHARGE Andiamo Andiamo Inc, its owners, officers, directors, and employees as well as all independent contractors, agents, sponsors, and all other persons affiliated with Andiamo Andiamo Inc (hereinafter the “Released Parties”), from and against any and all claims, loses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bill, theft, and damage of any kind, including but not limited to economic losses, which may in the future arise out of or relate to you (the athlete) participation in the training programs, testing activities, and/or racing activities directed by and/or on behalf of Andiamo Andiamo Inc. This release includes claims, losses, or liabilities that are caused or claims to be the result of the negligent acts or omissions of the persons or the company you are releasing as set forth herein, or are caused by the negligent acts or omissions of any other person or entity including Andiamo Andiamo Inc, It's employees, agents, independent contractors, and/or affiliates.
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 Andiamo Andiamo Inc, and any attempt to do so shall be null and void.