This program provides instructional Open Water Swim (hereinafter referred to as "OWS") training designed to help you achieve your best possible OWS stroke and fitness.
You have purchased the OWS clinic coaching package by Strong2thefinishline Endurance & Strength, LLC (hereinafter referred to as “Strong2thefinishline”).
This package must be utilized within the specified date of this Clinic. Failure to show up on the Clinic date and time signifies that you are not entitled to a refund or any compensation from Strong2thefinishline and/or Coach Marques Garcia or anyone who represents him. Pursuant to this agreement, your payment is to be made in advance of the said clinic in the amount of $100 (one hundred dollars) per clinic. Payment is subject to Washington State sales tax.
If there’s a rare emergency, Strong2thefinishline and/or Coach Marques Garcia will compensate or offer an alternative clinic in place of the missed one. If no alternative clinics available, then you will be refunded in case of a medical emergency to you or your family. This agreement will be effective by the date of your payment. Though it’ extremely unlikely, Strong2thefinishline and/or Coach Marques Garcia reserves the right to terminate this agreement with a full refund of any remaining period of the duration of the package. You have the same right. Purchase of training and coaching does not include the use of, or access to any club, facility, activity, class, program, or equipment other than what is agreed upon and specified here.
Furthermore, you acknowledge that Strong2thefinishline and/or Coach Marques Garcia are not liable or responsible for any negative results of your participation.
ACKNOWLEDGEMENT OF RISKS, INJURY, AND OBLIGATIONS:
I hereby affirm that to the best of my knowledge I am in good physical condition and do not suffer from any condition that would prevent or limit my participation in this OWS program.
I acknowledge that I am capable of swimming 1500 yards in the pool nonstop and that I will adhere to all the safety regulations including bringing a wetsuit and an OWS buoy.
I acknowledge that I am 18 years old or above. If I am under the legal age of consent, then my parents or guardians must sign this waiver on my behalf.
I acknowledge that the activities I am to undertake have potential dangers and I assume the risk of, and the responsibility for, any injury or illness or death resulting from my participation in this training program. In consideration of my own choice with my free will to participate in this program, I agree to release, indemnify, and hold harmless Strong2thefinishline and/or Coach Marques Garcia, its owners, coaches and staff from and against any and all actions for any injury, loss, damage, or death caused to me or my property.
I further agree that in the event that I am injured or my property is lost or damaged or that I die I will bring no claim, legal or otherwise, against Strong2thefinishline and/or Coach Marques Garcia, it’s owners, coaches and staff as a result of that injury, loss, or damage, either by me or anyone representing me.
CONSENT AND RELEASE:
I irrevocably authorize Strong2thefinishline and/or Coach Marques Garcia to use the photograph(s) or training and racing videos taken of me on by Strong2thefinishline or the photograph(s)or videos I have provided to Strong2thefinishline.
I also irrevocably authorize Strong2thefinishline and/or Coach Marques Garcia to use the testimonials and reviews I might give in connection with publicizing and promoting Strong2thefinishline along with my name and brief biographical information. Strong2thefinishline may copy, exhibit, publish or distribute the Testimonial for purposes of publicizing or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media.
I agree and acknowledge that I have received value, the receipt of which is hereby acknowledged for the use of the Testimonial and Photograph(s) or training and racing videos.
I agree that I will make no monetary or other claim against Strong2thefinishline for the use of the Testimonial or Photograph(s) or training and racing videos.
In addition, I waive any right to inspect or approve the finished product, including written copy, wherein my Testimonial or Photograph(s)or training and racing videos appears.
I hereby hold harmless and release Strong2thefinishline from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
