Waiver and release

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. I

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. 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:

1. 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;

2. 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;

3. 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;

4. 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

5. 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.

6. 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.