Coaching/ Classes/ Camps/ Clinics/ Rental Policy: Waivers, procedures and cancellations

Waiver and release

Coaching/ Classes/ Camps/ Clinics/ Rental Policy: Waivers, procedures and cancellations.

Liability Waiver

By electronically signing or otherwise electronically accepting and agreeing to this Release and Waiver of Liability (this “Release”), you expressly acknowledge that the use of the classes, livestream or videos of The Chad Andrews, LLC and its subsidiaries and affiliates (collectively, “The Chad Andrews, LLC”) may involve strength, flexibility, aerobic/anaerobic, cardio, and/or other exercises, including the use of smart trainers/equipmen, all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward, when taking classes or receiving instruction by or through The Chad Andrews, LLC in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise , and you further acknowledge and understand that it is your duty to notify your The Chad Andrews, LLC coach in advance of each and every class of any changes in your good health standing. You acknowledge and agree that The Chad Andrews, LLC and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by The Chad Andrews, LLC is a substitute for medical treatment or care.

All sessions, classes, participation in The Chad Andrews, LLC coaching, camps, clinics, private sessions of The Chad Andrews, LLC (whether during a class or otherwise), or use of any other of The Chad Andrews, LLC service, whether in person, through video or stream or otherwise, shall be at your sole risk. You understand that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, shall be solely your responsibility. Although Y2 The Chad Andrews, LLC coaches may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform. You hereby acknowledge and agree that The Chad Andrews, LLC shall not be liable to you or any other party for any claims, demands, damages or causes of actions due to injury to you or any property, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn children or relatives, arising out of or in connection with your engagement in any activities provided by The Chad Andrews, LLC through video, streaming, or at any The Chad Andrews, camps, clinics or private sessions, or any occurrence in or around aThe Chad Andrews, camps/clinics, regardless of whether the injury or damages were caused by the negligence of The Chad Andrews, LLC, its employees or its agents, coaches, trainees, assistants, or mentees, and you hereby release The Chad Andrews, LLC from any and all liability related thereto, including any transmission of sickness, virus, pathogen, or disease. This Release specifically applies to claims of negligent instruction, maintenance and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. You acknowledge and agree that this Release applies to any and all incidents occurring on any The Chad Andrews, LLC owned, operated or controlled camps/clinics/private sessions, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that The Chad Andrews, LLC is not liable and does not assume responsibility for any claims, losses, damages, costs or expenses arising out of any inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission of The Chad Andrews, LLC or any other party. The scope of this Release specifically includes any and all injuries sustained in or about the camps/clinics/private sessions at any The Chad Andrews, LLC offerings , including, without limitation, parks, beaches, community centers and schools. Further, you understand and acknowledge that The Chad Andrews, LLC does not manufacture any of the fitness, smart trainers or equipment at its camps/clinics/private sessions and virtual classes. As such, you acknowledge and agree that The Chad Andrews, LLC is solely providing recreational services and may not be held liable for defective products.

You expressly acknowledge and understand that you will be automatically opted into communications from The Chad Andrews, LLC with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You further expressly acknowledge and understand that your photo and/or video likeness may be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, live stream, recorded classes, or other uses and that permission is expressly granted for such uses, and that no additional consideration outside of the services provided by The Chad Andrews, LLC will be provided.

You expressly acknowledge and agree that by agreeing below you are relinquishing all rights you may have to sue The Chad Andrews, LLC for injuries arising out of the use of any The Chad Andrews, LLC camps/ clinics/private sessions, coaching or its services. In the event that a dispute does arise with respect to The Chad Andrews, LLC in any capacity, you expressly acknowledge and agree to submit to mandatory binding arbitration any and all such related claims, and thereby further waive any rights to trial by jury. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to The Chad Andrews, LLC This Release is intended to be interpreted as broadly as allowed under the law of the state where your primaryThe Chad Andrews, LLC is located.

Required COVID-19 Waiver
WAIVER (The “Agreement”)
By signing below, you are agreeing to follow our social distancing and safety protocols.
Although strict measures are being taken by The Chad Andrews, LLC to prevent the spread of COVID-19 (such as social distancing, staggered classes, and deep sanitization, etc.), the undersigned acknowledges that attending classes at The Chad Andrews, LLC could result in COVID-19 infection. Accordingly, in addition to all waivers and limits on liability already agreed to by the parties and because of the COVID-19 Pandemic, the undersigned, HEREBY WAIVES AND RELEASES, indemnifies, holds harmless and forever discharges The Chad Andrews, LLC and its members, agents, employees, officers, directors, contractors, affiliates, successors and assigns, of and from any and all claims, demands, debts, prosecutions, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of, The Chad Andrews, LLC provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct, further, it is acknowledged that operation during the pandemic does not fall into these categories.
I also understand that the activities that I will participate in may be considered inherently dangerous and may cause serious or grievous injuries, including bodily injury, COVID-19 infection, loss of/damage to personal property and/or death. On behalf of myself, my heirs, assigns and next of kin, I waive all related claims for damages, injuries and death sustained to me or my property that I may have against The Chad Andrews, LLC

By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, COVID-19 infection, death or damage to personal property associated with The Chad Andrews, LLC including but not limited to receiving endurance sports training, consulting for business, camps, clinics and its equipment in any manner, form or fashion, and practicing and/or engaging in endurance sports activities or other related activities on and off the premises.
I have read, understand and fully agree to the terms of this Agreement. I understand and confirm that by acknowledging and checking yes the Agreement I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 year of age or older and mentally competent to enter into this waiver.

By electronically agreeing or otherwise electronically accepting and agreeing to this Release you certify that you have carefully reviewed, fully understand and agree to the above.

CHILD: I am the parent or legal guardian and my child is fit for the cycling event, camp or clinic. I consent to my Child's participation.

I HAVE READ AND I UNDERSTAND THE ATHLETE'S ENTRY FORM AND RELEASE AGREEMENT. In consideration of participating or allowing my Child to participate, I consent to it and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, my heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releasees (including reasonable attorney's fees or costs) as a direct or indirect result of injury to me or my Child because of my Child's participation in the event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or others. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of my Child regarding any claim arising from my or my Child's participation in the cycling race, clinic, or camp.

Policies and Cancellation Policy Camps and Clinics:

Cancellations within 45 days prior to date are subject to a cancellation fee of 100% of original retreat/camp or clinic price.
Cancellations between 46 – 90 days, inclusive, prior to retreat/camp or clinic date are subject to a cancellation fee of 50% of the original retreat/camp or clinic price.
Unless otherwise stated in writing, the remaining balance due after the Deposit is paid, is automatically charged to the credit card on file with TotalCyclist by the start date of retreat/camp or clinic.
If you are on a ‘payment plan and want to cancel a retreat/camp or clinic, you will incur a 35$ processing fee. All funds already paid will be forfeited.
If you have to cancel for any reason, your deposit and additional fees depending on your cancellation date will not be refunded. Exceptions to this policy will not be made for any reason, including weather or personal emergencies.
Retreat/camp or clinic payments cannot be transferred to another retreat/camp or clinic or another individual (unless approved by The Chad Andrews, LLC).
There are no discounts, refunds or exchanges associated with an Athlete skipping or missing any portion of a retreat/camp or clinic including, without limitation, meals, lectures or rides.
TotalCyclist reserves the right to cancel a retreat/camp or clinic at any time. In this event, Athlete will be issued a full refund for any monies paid. The Chad Andrews, LLC is not responsible for expenses associated with planning the Athlete’s trip including, without limitation, airfare, lodging, meals, transportation, etc. (collectively “Athlete Expenses”) to attend any retreat/camp or clinic.
Retreat/camp or clinic will be conducted based on the schedule posted prior to the retreat/camp or clinic. However, TotalCyclist reserves the right to modify the retreat/camp or clinic schedule at its sole discretion.
All fees will be applied to the retreat/camp or clinic for which Athlete is registered. If Athlete has to cancel for any reason, the deposit and applicable cancellation fees will be applied to the retreat/camp or clinic for which Athlete was registered and cannot be transferred to an alternate retreat/camp or clinic or any other service or product offered by The Chad Andrews, LLC.
If you are not satisfied with your retreat/camp or clinic experience, please notify a coach or the retreat/camp or clinic manager as soon as possible DURING THE RETREAT/CAMP or CLINIC. The Chad Andrews, LLC will make a considerable effort to remedy any issues. Refunds will not be issued for the retreats/camps or clinics once the retreat/camp or clinic has commenced.
Retreats/camps or clinics may have specific rules in addition or different from these rules, which will be designated on The Chad Andrews website.

Contact our offices for more information: EMAIL

The Chad Andrews, LLC – Electronic Communications (Email/SMS Communications) Agreement

We are committed to keeping your information confidential. We do not sell, rent, or lease our lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about The Chad Andrews, LLC. By submitting my rental reservation, I agree to receiving Electronic Mail (email) communications from The Chad Andrews, LLC regarding my rental, community events and occasional promotions.

By providing my Mobile Phone number, I agree to receiving SMS text messages regarding my rental, clinics, camps, coaching and occasional promotions.

Membership, Classes and Coaching

I, the Client, authorize The Chad Andrews, LLC, on a recurring basis, to automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account. I understand that The Chad Andrews, LLC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to The Chad Andrews, LLC cancellation policy. The Chad Andrews, LLC will initiate charges each month on the date my contract is set to renew. The Chad Andrews, LLC may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card, I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. Virtual/On Demand and Replay class purchases are non-refundable.

Virtual Classes: You must provide us with a 31-day notice for cancellation of monthly memberships. If you need to terminate the contract before the month end date, we will terminate your membership immediately, but you will incur a penalty equal to 1 month’s payment. If you require assistance with contract dates or have any other questions, please reach out to us directly at info@thechadandrews.com.

The Chad Andrews, LLC – Rental Waiver

ORGANIZATION NAME: The Chad Andrews, LLC and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”.)

DEFINITION: In this Release Agreement, the term “Trainer” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: smart trainer, and other such activities, events and services in any way connected with or related to smart trainer.

RENTAL AGREEMENT: I accept full responsibility for the smart trainer rented (“the Equipment”) and authorize The Chad Andrews, LLC to charge my credit card for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.

BIKING SAFETY: I realize the risks of indoor training. These risks include injury or possible death.

ASSUMPTION OF RISKS: Acknowledgement and Assumption of the Risk. I acknowledge that regardless of my health representations above, any strenuous athletic or physical activity and use of related equipment, involves certain risks that may result in injury or even death. While the instructors take great care to ensure the safety of each participant, I acknowledge that I take full responsibility for my life and well-being, and for all decisions made by me before, during and after riding on rented smart trainer. I hereby expressly assume the risks of the Classes, including, but not limited to the risks discussed above, accidents and/or negligence by me, by The Chad Andrews, LLC. I fully understand that I have the complete right to stop or decrease use of smart trainer, during exercise. If any symptoms such as fatigue, shortness of breath or chest discomfort occur you should stop exercising and seek medical help. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility. In consideration for being permitted to rent a smart trainer from The Chad Andrews, LLC. I hereby forever knowingly, voluntarily, and expressly assume all risk of injury inherent in my participation with the use of a smart trainer, and all other possible risk of injury, and even risk of possible death, which could occur by using the smart trainer.

I further understand that The Chad Andrews, LLC makes no claims to medical results that can or may be obtained through the use of use of The Chad Andrews, LLC equipment. The Chad Andrews, LLC has neither suggested nor advised medical treatment or medical advice to me. Only licensed medical professionals are qualified to give such medical advice. I also understand and acknowledge that The Chad Andrews, LLC is providing usage of smart trainer and shall not be held liable for defective products. I understand and agree that The Chad Andrews, LLC may not be held liable for my injuries sustained as a result of my renting a smart trainer. No warranties or representations have been made to me about the smart trainer rental that are not stated on this AGREEMENT.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the RELEASEES agreeing to rent me smart trainer Equipment I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Biking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Biking or my use of the Equipment;
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the NORTH CAROLINA and no other jurisdiction; and
Any litigation involving the parties to this Release Agreement shall be brought solely within the state of NORTH CAROLINA and shall be within the exclusive jurisdiction of the Courts of MECKLENBURG County.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Biking or my use of the Equipment, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Privacy Policy:

How we protect the security of your personal information The security of your personal information is very important to us and we are committed to protecting the information we collect. The Chad Andrews, LLC uses firewalls and has security measures in place at its physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our web site. Only authorized The Chad Andrews, LLC employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. Please note that whenever you submit any information to us in connection with any TotalCyclist related service, you consent to TotalCyclist’s processing of this information in the United States as necessary to provide the services in which you are participating. If you have any questions, comments, criticisms, or complaints about The Chad Andrews, LLC privacy policy and/or the way it affects you, please feel free to email us at info@thechadandrews.com

Covid

We've adjusted our policy for the global pandemic in an effort to further align financial considerations with safe behavior.

If The Chad Andrews, LLC has to cancel a retreat/camp or clinic and/or participants are unable to reach the retreat/camp or clinic location due to border closures, we will contact participants and offer three options: transfer, credit or full refund.

If you receive a positive COVID-19 diagnosis for yourself, or someone you live with, or you are required to quarantine as a result of a contact-related exposure, the below policy will also apply to you.

If any individual is unwilling or unable to meet the requirements in our COVID-19 response overview document , we'll handle it based on the notice we're given:

Up to six days before retreat/camp or clinic: transfer, credit or full refund.
Five or fewer days before retreat/camp or clinic: credit.
No show or no retreat/camp or clinic morning call: no refund.

Retreat/camp or clinic credits are transferable and good until the end of the following retreat/camp or clinic season.

We will trust the reasoning provided with each retreat/camp or clinic cancellation and will process it according to the respective policy. We ask for honesty and consideration, as we'd like to maintain positive policies while still striving to support operations appropriately.

****YOU MUST SHOW PROOF OF A POSITIVE TEST THE DAY YOU ARE LOOKING TO TRANSFER YOUR RETREAT/CAMP OR CLINIC OR REFUND***

CHILD: I am the parent or legal guardian and my child is fit for the cycling event, camp or clinic. I consent to my Child's participation. I HAVE READ AND I UNDERSTAND THE ATHLETE'S ENTRY FORM AND RELEASE AGREEMENT. In consideration of participating or allowing my Child to participate, I consent to it and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, my heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releases (including reasonable attorney's fees or costs) as a direct or indirect result of injury to me or my Child because of my Child's participation in the event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or others. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of my Child regarding any claim arising from my or my Child's participation in the cycling race, clinic, or camp.

Policies and Cancellation Policy Camps and Clinics:

Cancellations within 45 days prior to date are subject to a cancellation fee of 100% of original retreat/camp or clinic price.
Cancellations between 46 – 90 days, inclusive, prior to retreat date are subject to a cancellation fee of 50% of the original retreat price.
Unless otherwise stated in writing, the remaining balance due after the Deposit is paid, is automatically charged to the credit card on file with TotalCyclist by the start date of retreat/camp or clinic.
If you are on a ‘payment plan and want to cancel a retreat/camp or clinic, you will incur a 35$ processing fee. All funds already paid will be forfeited.

If you have to cancel for any reason, your deposit and additional fees depending on your cancellation date will not be refunded. Exceptions to this policy will not be made for any reason, including weather or personal emergencies.
Camp payments cannot be transferred to another camp or another individual (unless approved by The Chad Andrews, LLC).
There are no discounts, refunds or exchanges associated with an Athlete skipping or missing any portion of a camp including, without limitation, meals, lectures or rides.
TotalCyclist reserves the right to cancel a camp at any time. In this event, Athlete will be issued a full refund for any monies paid. The Chad Andrews, LLC is not responsible for expenses associated with planning the Athlete’s trip including, without limitation, airfare, lodging, meals, transportation, etc. (collectively “Athlete Expenses”) to attend any camp.
Camp will be conducted based on the schedule posted prior to the camp. However, TotalCyclist reserves the right to modify the camp schedule at its sole discretion.
All fees will be applied to the camp for which Athlete is registered. If Athlete has to cancel for any reason, the deposit and applicable cancellation fees will be applied to the camp for which Athlete was registered and cannot be transferred to an alternate camp or any other service or product offered by The Chad Andrews, LLC.
If you are not satisfied with your camp experience, please notify a coach or the camp manager as soon as possible DURING THE CAMP. The Chad Andrews, LLC will make a considerable effort to remedy any issues. Refunds will not be issued for camps once the camp has commenced.
Camps may have specific rules in addition or different from these rules, which will be designated on the The Chad Andrews website.

Contact our offices for more information: EMAIL

The Chad Andrews LLC – Electronic Communications (Email/SMS Communications) Agreement

We are committed to keeping your information confidential. We do not sell, rent, or lease our lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about The Chad Andrews LLC, By submitting my rental reservation, I agree to receiving Electronic Mail (email) communications from The Chad Andrews, LLC regarding my rental, community events and occasional promotions.

By providing my Mobile Phone number, I agree to receiving SMS text messages regarding my rental, clinics, camps, coaching and occasional promotions.