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Falk Mind Strength Coaching

COACHING SERVICES AGREEMENT

 

Coaching services are subject to availability, payment, and confirmation by Falk Mind Strength Coaching, LLC (the “Company”). By proceeding with the registration and submitting payment, you, are enrolling in the selected Falk Mind Strength Coaching program(s) and agree to the terms and conditions set forth in this Coaching Services Agreement (the “Agreement”). For purposes of this Agreement, the term “Participant” refers to (i) the individual who is 18 years of age or older and participating in the program, activity, or services; or (ii) if the individual is under 18 years of age (a “Minor”), both the Minor and their parent or legal guardian who agrees to this Agreement on the Minor’s behalf (the “Legal Guardian”). All acknowledgements, representations, covenants, consents, waivers, and releases made by or applicable to the Participant shall be deemed to apply jointly and severally to both the Minor and the Legal Guardian, where applicable.

 

By proceeding with registration, submitting payment, and/or selecting the checkbox labeled “I am either 18 years of age or the Legal Guardian of the Minor and have read and agree to the Terms & Conditions, this Agreement including the Waiver and Release set forth in Exhibit A, and the Privacy Policy,” Participant acknowledges and agrees that this action constitutes their legally binding electronic signature to this Agreement. Participant affirms they have the capacity and authority to enter into this Agreement and that doing so electronically satisfies any legal requirement that the agreement be in writing and signed.

 

This Agreement shall be deemed executed by Company and effective upon Company’s first receipt and deposit of any applicable Subscription Fee or Additional Fee (the “Effective Date”), which shall constitute Company’s acceptance and electronic execution of the Agreement. Electronic acceptance by clicking to acknowledge or submitting payment shall be deemed to have the same legal effect as an original written signature.

 

NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

 

  1. Incorporation of Terms & Conditions of Use and Coaching Program Selection and Acknowledgement. This Agreement incorporates by reference the Terms and Conditions for Use of Online Services located at https://www.falkmindstrengthcoaching.com/terms (the “Terms & Conditions”) which govern the use of the Company’s website and related software, platforms, and content offerings made available digitally (the “Online Services”) and the Company’s privacy policy located at https://www.falkmindstrengthcoaching.com/privacy-policy (the “Privacy Policy”). Participant acknowledges and agrees that their access to and use of the Company’s website and Online Services are governed by the Terms & Conditions, and that any use of Company’s free online platforms constitutes acceptance of the Terms & Conditions in addition to this Agreement. In the event of any conflict between the Terms & Conditions and this Agreement, this Agreement shall control with respect to the coaching services. The provided coaching program selection and any Acknowledgement(s) are hereby incorporated into this Agreement and forms a material part of the parties’ rights and obligations. The selected coaching services and pricing will govern the scope of services delivered under this Agreement. In the event of a conflict between the specific program selection and the general terms, the specific selections and pricing shall control.

 

  1. Representation of Age. The services are not intended for individuals under 13 years of age. By agreeing to this Agreement, Participant affirms that the Participant is at least 13 years old. If the Participant is a Minor, this Agreement must be reviewed, acknowledged, and agreed to by the Legal Guardian, who shall assume full responsibility for the Participant’s use of and participation in the services. Participant expressly represents and warrants that one of the following is true as of the Effective Date:

 

  1. Participant is of legal age in the state of his or her residence to enter into a legally binding contract, or

 

  1. The Legal Guardian represents and warrants that Legal Guardian is of a legal age in the state of his or her residence, has the right and authority to enter into a legally binding contract on behalf of the Participant, and is entering into this Agreement on behalf of the Participant who is a Minor.

 

  1. Membership Subscription. Participant shall pay the amounts specified on the Company’s website (the “Subscription Fee”) in exchange for access to the Company’s online training resources and its employees. Company shall provide Participant access to the Company’s online training resources for as long as the Participant pays the applicable Subscription Fee, or until this Agreement is otherwise terminated. Participant may also have the opportunity to pay additional fees in exchange for additional coaching sessions (“Additional Fees”). The Subscription Fee is non-refundable except as expressly provided in writing by the Company or as required by applicable law. The Company reserves the right to change Subscription Fees at any time upon notice. Any Additional Fees for coaching services or upgrades will be charged in accordance with posted rates or as agreed upon in writing. Failure to pay any applicable fees when due may result in immediate suspension or termination of access to the services. If Participant cancels a monthly subscription, the cancellation will take effect at the end of the current billing cycle. No partial refunds will be issued for unused time unless required by applicable law or if otherwise agreed in writing.

 

  1.   The term of this Agreement shall commence on the Effective Date and terminate upon the termination hereof by Participant or the Company.

 

  1. Company Representations and Warranties. Company makes the following representations and warranties to Participant as of the Effective Date:
    1. The coaches employed or otherwise engaged by the Company (the “Coaches”) are either professional athletes, retired professional athletes, coaches of professional athletes, or professional coaches. The Coaches are in no way licensed professionals such as nutritionists, strength coaches, physical therapists, medical professionals, mental health professionals, or other professionals requiring licensure from a governing body.
    2. Company shall make available a copy of the Waiver and Release (Exhibit A) and the Privacy Policy located at https://www.falkmindstrengthcoaching.com/privacy-policy.
    3. Company reserves the right to modify, alter, or discontinue any aspect of its coaching programs at its discretion, including available content, coaches, schedules, or tools, provided such changes do not materially degrade the core services promised at the time of subscription.

 

  1. Health and Wellness Disclaimer. Participant understands and acknowledges that the coaching services provided are educational and motivational in nature and are not intended as medical, psychological, or mental health care. The Coaches are not licensed medical professionals or therapists, and the services are not a substitute for professional medical advice, diagnosis, or treatment. If Participant has any mental health or medical concerns, they should consult with a qualified healthcare provider. Participation is voluntary and at Participant’s own risk.

 

  1. Participant Representations and Warranties. Participant makes the following representations and warranties to the Company as of the Effective Date and covenants to inform the Company immediately if any of the following become untrue during the term of this Agreement:

 

  1. Participant fully understands that participating in athletics may be dangerous and can involve risks of serious injury and death to itself and others.

 

  1. Participant is physically fit, healthy, has not been advised otherwise, and is able to participate in any activities associated with playing and training to play the athletic activity in which they participate in.

 

  1. Participant has carefully evaluated the risks inherent in engaging in the relevant athletic activity and has fully considered those risks, including, without limitation, dangers posed by willful or negligent conduct by itself and/or by others.

 

  1. Participant has secured its own liability, life, health and medical insurance in amounts sufficient to cover any liabilities that may arise from playing or training to play the athletic activity in which they participate in.

 

  1. Participant has received a copy of this Agreement, read all the terms contained herein, has had the opportunity to and has consulted with an attorney regarding this Agreement, and enters into this Agreement of his or her own free will and choice.

 

  1. Participant has received a copy of the Agreement, Terms & Conditions, Waiver and Release, and Privacy Policy, read all the terms contained therein, agrees to be bound by the same, and fully gives its consent and agrees to all the terms therein requiring consent.

 

  1. Participant agrees not to record, reproduce, or distribute any portion of the coaching sessions without the Company’s express written consent.

 

  1. Liability Release & Assumption of Risk. Participant hereby acknowledges and agrees to the terms of the Waiver and Release attached as Exhibit A, which is incorporated herein by reference. By checking the provided acknowledgement boxes and/or paying the Subscription Fee(s) and/or Additional Fee(s), the Participant expressly assumes all risks of participation, including the risk of bodily injury, as further as described in Exhibit A. Participant further releases the Falk Coaching Parties from any and all liability, to the fullest extent permitted by law.

 

  1. Indemnification. To the fullest extent permitted by law, the Participant shall indemnify, defend and hold harmless, Falk Mind Strength Coaching, LLC, its principals, agents, employees, Coaches, persons engaged by any of the foregoing to perform any work or services for the Company, and the Company’s insurance companies, affiliates, partners, joint ventures, attorneys, predecessors, successors, and assigns (collectively, the “Indemnitees”), from and against any and all demands, claims, suits, causes of action, damages, losses, penalties, liabilities, costs, attorneys’ fees and expenses of any nature, arising out of or resulting from Participant’s participating in or utilizing the Company’s coaching services or coaching materials. This indemnity obligation shall not be construed to negate or abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist under law or contract except to the extent that it is caused by the gross negligence of any party indemnified hereunder in which case this obligation shall not apply relative to such indemnified party.

 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, COACHES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE COACHING SERVICES, OR ANY OTHER INTERACTIONS WITH PARTICIPANT.

 

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASED PARTIES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY PARTICIPANT TO COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

PARTICIPANT ACKNOWLEDGES AND AGREES THAT COACHING SERVICES ARE NOT THERAPY, MEDICAL ADVICE, OR A SUBSTITUTE FOR LICENSED COUNSELING, AND PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR THEIR PHYSICAL, MENTAL, AND EMOTIONAL WELL-BEING DURING AND AFTER COACHING SESSIONS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY, AND PARTICIPANT MAY HAVE ADDITIONAL RIGHTS.

 

  1. Dispute Resolution. The parties agree to engage in good faith discussions to settle any dispute that might arise between Participant and Company and its members, employees, officers, volunteers, representatives, affiliates, subsidiaries, licensees, successors, assigns, media outlets and any third party that Company may engage on its behalf or with which it may collaborate (collectively, the “Falk Coaching Parties”) regarding this Agreement or the breach of any term hereof. Should the issue not be resolved by such discussions, the parties shall endeavor to settle the dispute through mediation. If the dispute is not otherwise resolved through discussions or mediation, the parties agree that such dispute will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. Any mediation and/or arbitration shall be held in Cache County, Utah.  The laws of the State of Utah shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. The parties specifically waive the right to trial by jury in any action brought by or against the Falk Coaching Parties.

 

  1.   Participant may become privy to information considered confidential or proprietary to the Company. Such confidential information includes but is not limited to all information related to the Company’s principals or its Coaches, the Company’s coaching material, or any training or instruction derived therefrom, and the Participant’s login information. Participant agrees not to disclose any confidential or proprietary information during or any time after the term of this Agreement. Specifically, Participant agrees not to share the training and drills or access to the training and drills learned in this program to benefit another player or coach who is not privy to this Agreement. Participant also agrees to not use any confidential or proprietary information for Participant’s own financial gain, whether such gain be personal or on behalf of another entity.

 

  1. Intellectual Property. All trademarks, service marks, trade names, logos, slogans, domain names, designs, concepts, content, written materials, playbooks, scripts, graphics, recordings, photographs, images, illustrations, strategies, methods, processes, programs, curricula, trade secrets, know-how, techniques, inventions (whether patentable or not), and any other intellectual property or proprietary materials, whether tangible or intangible, in any form or media, and all related intellectual property rights (collectively, “IP”), that are conceived, created, developed, provided, or used in connection with the business, services, or operations of Company shall be and remain the sole and exclusive property of Company, regardless of authorship or manner of creation.

 

To the extent any such IP is created in whole or in part by any individual or entity other than Company, such IP shall be considered a “work made for hire” to the fullest extent permitted by applicable law. Where such designation is not legally effective, the individual or entity hereby irrevocably assigns, transfers, and conveys to Company all right, title, and interest in and to such IP, including all copyrights, trademark rights, trade secret rights, patent rights (if applicable), and other intellectual property or proprietary rights therein.

 

The individual or entity further agrees to irrevocably waive and never assert any and all “moral rights” (including rights of attribution and integrity) or similar rights that may be recognized under any applicable law, whether now existing or hereafter recognized, in connection with the IP.

 

No license, assignment, or other transfer of rights is granted by Company except as expressly set forth in a separate written agreement signed by an authorized representative.

 

  1. Media Release and License. As further set forth in Exhibit A, Participant acknowledges and agrees that Company may record, photograph, or film Participant during coaching sessions, promotional events, or related activities. Participant grants Company a perpetual, worldwide, royalty-free, sublicensable license to use Participant’s image, name, voice, likeness, and performance in any format or media, whether now known or hereafter developed, for any commercial, promotional, training, or internal purposes. Participant waives any right to inspect or approve the final materials and understands that no compensation shall be due for such uses.

 

  1.   The Company may terminate this Agreement for any reason, at any time, with or without cause, without any penalty or further liability upon thirty (30) days’ notice to Participant. The Company may terminate this Agreement immediately and without notice upon Participant’s default of any provision herein, including but not limited to (i) Participant failing to pay the Subscription Fee or Additional Fee, (ii) Participant making a false representation or warranty, or (iii) Participant fails to fulfill any other covenant or duty herein contained. In addition to all other rights and remedies set forth in this Agreement and available at law or in equity, Company shall be entitled to accelerate and declare due and payable all remaining unpaid amounts due under this Agreement and recover all costs of collection, including reasonable attorneys’ fees, court costs, and any third-party expenses incurred in enforcing Company’s rights. Termination shall not relieve Participant of any obligation to pay outstanding fees or any accrued obligations under this Agreement.

 

  1. No Guarantee The parties acknowledge that coaching is a collaboration between a coach and an athlete in a thought provoking and creative process designed to facilitate the creation/development of an athlete’s athletic goals. While the Company may provide tools designed to improve Participant’s athletic progress, it is solely the responsibility of Participant to implement and use the tools the Company will provide. Although the progress of Participant’s athletic goals may improve, progress is not guaranteed. Specifically, the Company does not guarantee that a NCAA college athletic program or other athletic program or institution will recruit Participant, offer Participant a spot on any roster(s), or offer the Participant a scholarship. If Participant is not satisfied with the coaching services provided by Company, his or her sole remedy shall be to terminate this Agreement. Under no circumstances is Company under an obligation to return the Subscription Fee or any Additional Fees to Participant.

 

  1. Force Majeure. The Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including without limitation, acts of God, power outages, natural disasters, pandemics, government action, or internet failures

 

     

 

  1. Attorney’s Fees. In the event enforcement action is necessary in connection with this Agreement, the prevailing party in any such enforcement action shall be entitled to recover all legal fees and expenses incurred in enforcing this Agreement, both before and after litigation and during any appeal.

 

  1. Entire Agreement. This Agreement and the documents expressly referenced herein contain the entire agreement of the parties. It may be changed only by an agreement in writing signed by the parties hereto.

 

  1. Choice of Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah without regard to conflicts of laws principles, except as preempted by the Federal Arbitration Act (FAA), which shall govern the enforceability of the arbitration provisions in Section 11.

 

  1. Voluntary Agreement. Participant and the Company represent and agree that each has reviewed all aspects of this Agreement, has carefully read and fully understands all provisions of this Agreement, and is voluntarily entering into this Agreement. Each party represents and agrees that such party has had the opportunity to review any and all aspects of this Agreement with the legal, tax and other advisor and advisors of such party’s choice before executing this Agreement and has been fully advised as to same.  Participant acknowledges that the Company has made no representations or warranties concerning the terms, enforceability or implications of this Agreement other than as are reflected in such.  This Agreement has been fully and freely negotiated by the parties hereto, shall be considered as having been drafted jointly by the parties hereto, and shall be interpreted and construed as if so drafted, without construction in favor of or against any party on account of its or his or her participation in the drafting hereof

 

  1.   Notwithstanding anything else in this Agreement, or any other provision of law, the parties expressly agree that this Agreement shall be assignable at the sole discretion of the Company and shall inure to the benefit of the Company and its agents, assigns, heirs, subsidiaries, parents, assignees, partners, affiliates, and privies.

 

 

 

EXHIBIT “A”

 

NOTICE: THIS IS LEGALLY BINDING, PLEASE READ CAREFULLY.

 

By submitting payment through the Falk Coaching website and participating in or receiving the services, I, or if I am under 18 years of age, both myself and my parent(s) or legal guardian(s) who agrees to this Waiver and Release on my behalf, agree to be legally bound by the terms of this Waiver and Release.

 

I understand that my electronic acceptance has the same force and effect as a written signature and that by submitting payment and proceeding through the checkout process, I agree to this Waiver and Release voluntarily and of my own free will.  The terms of this Waiver and Release shall commence upon Company’s first receipt and deposit of any applicable Subscription Fee or Additional Fee, which shall constitute Company’s acceptance and electronic execution of this Waiver and Release and be without limitation.

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, by affirmatively accepting this agreement through the Falk Coaching website, hereby enter into this waiver and release of liability (“Waiver and Release”) for Falk Mind Strength Coaching, LLC, a Utah limited liability company (“Falk Coaching”), allowing me to participate in services provided by or through Falk Coaching, including but not limited to, requesting, receiving, and implementing or using any: books; information; products; private or public coaching sessions and services; trainings; clinics; workshops; speaking engagements; mentorship programs; consulting services; enrollment in online education programs; or related events, whether conducted in person or virtually (collectively, the “Falk Coaching Activities”).  I hereby acknowledge and agree as follows:

 

I REPRESENT AND WARRANT THAT I AM VOLUNTARILY PARTICIPATING IN THE FALK COACHING ACTIVITIES AND AT MY OWN RISK.  I UNDERSTAND THAT I MAY TERMINATE MY PARTICIPATION IN THE FALK COACHING ACTIVITIES AT ANY TIME. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE FALK COACHING ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE IMMEDIATE OR DELAYED ONSET OF HEALTH CONDITIONS OR SYMPTOMS, THE WORSENING OF HEALTH CONDITIONS OR SYMPTOMS, DISEASE, ILLNESS, AND DEATH. I UNDERSTAND THAT THESE OUTCOMES MAY ARISE FROM MY ACTIONS AND THE CONSEQUENCES THEREOF, BOTH FORESEEN AND UNFORESEEN, RESULTING FROM ACCEPTING AND IMPLEMENTING ANY INFORMATION, GUIDANCE OR ADVICE, PRODUCTS, SERVICES, OR SUPPLEMENTS I RECEIVE AS A RESULT OF MY PARTICIPATION IN THE FALK COACHING ACTIVITIES.

 

I acknowledge and understand that any information, guidance, advice, supplements, products, or services I receive from Falk Coaching as a result of participating in the Falk Coaching Activities is for informational purposes only and should not be considered to be healthcare advice, medical diagnosis, treatment or prescribing instructions, and is not intended as a substitute for the advice or diagnosis from my physician or other healthcare professional.

 

I further acknowledge and understand that: (i) the United States Food and Drug Administration has not evaluated any statement, information, products, services, food or supplements made available by participation in the Falk Coaching Activities; (ii) no food, product, service, information or supplement made available by participation in the Falk Coaching Activities is intended to diagnose, treat, cure, or prevent any disease or illness; and (iii) I should consult my physician or healthcare professional before altering or discontinuing any current medications, treatment or care, starting or changing any diet, exercise or supplement program, or if I suspect I might have a health problem.

 

I understand that Falk Coaching does not make, and expressly disclaims, any and all representations and warranties.  If I choose to receive assistance with services (including, but not limited to, health coaching services and/or enrollment in online education programs) through a sponsorship as part of the Falk Coaching Activities, all such services are provided through independent contractors. Falk Coaching expressly makes no claims, warranties, or representations about any independent contractors which it works with, nor about any information I receive from them. I rely upon and implement that information at my own discretion and risk.

 

I further agree that Falk Coaching and its members, employees, officers, volunteers, representatives, affiliates, subsidiaries, licensees, successors, assigns, media outlets, and any third parties engaged by or collaborating with Falk Coaching (collectively, the “Falk Coaching Parties”) may use my name, image, biographical information, statements, testimonials, stories, likeness, voice, interview, appearance, conversation, gestures, actions, performance, sounds, and any materials I provide or that the Falk Coaching Parties capture of me (collectively, my “Likeness”) in connection with my participation in any Falk Coaching Activities. The Falk Coaching Parties may use my Likeness in any format or media, including but not limited to websites, social media, audio or video recordings, broadcasts, podcasts, photographs, articles, blogs, marketing, advertising, editorial content, films, and documentaries (the “Uses”).

 

I hereby grant, assign, and transfer to the Falk Coaching Parties all rights in and to the Uses of my Likeness, including the exclusive ownership of all resulting content. The Falk Coaching Parties shall have the perpetual, worldwide right to use, modify, display, transmit, publish, reproduce, license, or assign the Uses in any and all media now known or hereafter developed, in all languages, and an unlimited number of times.

 

I waive any right to inspect or approve the Uses, and any rights under laws that may limit the effectiveness of this Waiver and Release. I also waive any “moral rights” I may have in connection with the Uses of my Likeness. I understand and agree that I will not receive any compensation for such use and that the Falk Coaching Parties are under no obligation to use the rights granted herein.

 

I, on behalf of myself, my heirs, next of kin, executors, administrators, representatives, successors, and assigns (collectively, “Releasing Parties”), hereby knowingly and intentionally, waive, release and forever discharge the Falk Coaching Parties, from any and all injuries, damages, claims, suits, liabilities, losses, costs (including reasonable attorneys’ fees), causes of action and demands of any nature whatsoever now or at any time in the future related to or arising from the Uses or my participation in any Falk Coaching Activities, including without limitation, claims arising out of or related to my breach or alleged breach of any representation or warranty contained herein, libel, defamation, infringement of the right of publicity, invasion of privacy, portrayal in a false light, false endorsement, public disclosure of private facts, copyright infringement, trademark infringement, unfair competition, any physical injury, pain, suffering, illness, disease, temporary or permanent disability, property damage, psychological injury, economic harm, emotional harm and death (collectively, “Claims”) and further covenant not to assert any of the Claims against any of the Falk Coaching Parties.  I acknowledge that the Falk Coaching Parties will rely on the permissions herein potentially, at substantial cost to the Falk Coaching Parties, and hereby agree not to assert any Claims of any nature whatsoever against anyone, including but not limited to, any of the Falk Coaching Parties, relating to the exercise of the permissions granted hereunder. I will indemnify, defend, and hold harmless the Falk Coaching Parties from and against any and all Claims brought by me or anyone else on my behalf as a result of or in any way relating to my participation in the Uses or Falk Coaching Activities.

 

I agree to engage in good faith discussions to settle any dispute that might arise between me and any of the Falk Coaching Parties regarding this Waiver and Release or the breach of any term hereof. Should the issue not be resolved by such discussions, I shall endeavor to settle the dispute through mediation.  If the dispute is not otherwise resolved through discussions or mediation, I agree that such dispute will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. Any mediation and/or arbitration shall be held in Cache County, Utah.  The laws of the State of Utah shall govern the rights and obligations of the parties to this Waiver and Release and the interpretation, construction, and enforceability thereof. I specifically waive the right to trial by jury in any action brought by or against the Falk Coaching Parties.

 

I REPRESENT AND WARRANT THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE, HAD A CHANCE TO ASK ANY QUESTIONS I MIGHT HAVE, AND FULLY UNDERSTAND ALL THE TERMS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS THAT I MAY OTHERWISE HAVE, INCLUDING THE RIGHT TO SUE ANY OF THE FALK COACHING PARTIES. I ACKNOWLEDGE THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO MY EXECUTION OF THIS WAIVER AND RELEASE, I MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME I AGREED TO THIS WAIVER AND RELEASE THROUGH THE WEBSITE, AND WHICH IF KNOWN BY ME AT THAT TIME, MAY HAVE MATERIALLY AFFECTED MY DECISION TO AGREE TO THIS WAIVER AND RELEASE. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THE PROVISIONS CONTAINED IN THIS WAIVER AND RELEASE, I AM ASSUMING ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. I UNDERSTAND THAT THE TERMS OF THIS WAIVER AND RELEASE ARE LEGALLY BINDING UPON ME AND UPON MY HEIRS, NEXT OF KIN, EXECUTORS, REPRESENTATIVES, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS.

 

With respect to the subject matter addressed herein, this Waiver and Release contains the entire agreement between Falk Coaching and, I or the individual accepting this Waiver and Release through the Falk Coaching Website, acknowledge and agree that this Waiver and Release supersedes all prior written or oral agreements, understandings, representations and statements relating specifically to that subject matter. If any portion of this Waiver and Release is held to be invalid, void, or unenforceable, the remainder shall remain in full force and effect.

 

I represent and warrant that I am over the age of 18 years, that I have full right, power and authority to grant this Waiver and Release, and that any materials I provide will not infringe upon or violate the rights of any kind or nature of a third party or violate any laws or regulations.  This Waiver and Release shall be binding upon me and my heirs, next of kin, executors, administrators, representatives, successors, and assigns. This Waiver and Release cannot be modified orally, and no handwritten changes will be effective.

 

IF PARTICIPANT IS UNDER 18 YEARS OLD – THE INDIVIDUAL ACCEPTING THIS WAIVER AND RELEASE ON BEHALF OF THE PARTICIPANT’S PARENT(S)/LEGAL GUARDIAN(S) CONSENT: I/We represent that I/we am/are the parent(s) or Legal Guardian(s) for the Participant accepting this Waiver and Release through the Falk Coaching Website.  I/We represent and warrant that I/we have the right and authority to accept this Waiver and Release on his/her behalf.  If there is only one parent/Legal Guardian accepting this Waiver and Release, I represent and warrant that no other acceptance is required, and that I have the sole right and authority to accept this Waiver and Release on behalf of the minor Participant.