Athlete Agreement with Mile2Marathon Coaching Inc

Mile2Marathon Coaching Inc (“M2M” or “we”) offers running coaching services (the “Services”) to individuals over the age of 18 (the “Athlete” or “you”). The Services include personal coaching services (“Personal Coaching”), custom training services (“Custom Race Planning”), standard training plans (“Standard Training Plans”) and/or virtual or in-person workouts (“Workouts”) as further described herein and on the https://mile2marathon.com website (“Website”). All or part of the Services are performed by a coach (“Coach”) to whom you are assigned and/or from whom you are receiving coaching during the Workouts.

Your Coach is an independent contractor of M2M and he/she/they is governed by their respective local or national licensing authority, as applicable, and is subject to the laws of the jurisdiction in which they operate. M2M shall not be responsible for any act, omission or wrongdoing of your Coach, whether or not such act, omission, or wrongdoing was performed during the course of the Services.

The Services are provided by M2M subject to the following terms and conditions.

BY CLICKING THE “SIGNUP NOW”, BUTTON ON THE WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE WAIVER AND RELEASE OF LIABILITY TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THE BELOW TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE SERVICES.

Part A - PERSONAL COACHING

Service Fees: service fees for Personal Coaching, as indicated on the Website, are payable in advance each month. By signing this Agreement, you authorise M2M to charge your credit card on file for service fees for Personal Coaching. You are responsible for updating your credit card information on file with M2M to avoid any disruptions in Personal Coaching due to non-payment. M2M reserves the right to discontinue or suspend your Personal Coaching for non-payment and, if necessary, send your overdue account to a collection agency. M2M may amend the service fees for Personal Coaching by providing 30 days’ notice to you.
Start-up Fee: the start-up fee for Personal Coaching is non-refundable and payable by you within 10 days of accepting this Agreement.
Commitment Period for Personal Coaching: You must commit to Personal Coaching for a minimum of four months (the “Initial Period”). This means that we will charge your credit card for a minimum term of four months after you have signed up for Personal Coaching.
On Hold from M2M: After the Initial Period, you may email your Coach and Dylan Wykes to “pause” your Personal Coaching for a maximum of two months (“On Hold Request”). If your On Hold Request is approved by M2M, the change will be made effective as of your next billing cycle. Further, your credit card will not be charged service fees for Personal Coaching during this period and you will maintain your Final Surge account and connection to your Coach. If you do not re-start Personal Coaching after two months, you will lose your assignment to your Coach, and you will be charged the standard M2M start-up fee if you sign up for Personal Coaching at a future date.
Switch from Personal Coaching to Group Workouts Only: After the Initial Period, you may email your Coach and Dylan Wykes to switch from Personal Coaching to Group Workouts only (“Switch Request”). If your Switch Request is approved by M2M, your credit card will be charged service fees for Group Workouts only, effective your next billing cycle. If you do not re-start Personal Coaching after three months, you will lose connection to your Coach, and you will be charged the standard M2M start-up fee if you sign up for Personal Coaching at a future date.
Termination: M2M may terminate or amend this Agreement by providing 30 days’ written notice to you.

Part B - CUSTOM RACE PLAN

Service Fees: service fees for Custom Race Plan, as indicated on the Website, are paid once as a lump sum. By signing this Agreement, you authorise M2M to charge your credit card on file for Custom Race Planning.
Scope of Services: Within one week of receiving payment and completion of the intake questionnaire for Custom Race Plan, you will receive your Custom Race Plan on Final Surge. M2M may contact you for more information regarding your current fitness, needs and goals if information provided in your intake form is not sufficient. M2M will contact you again at the midway point of your plan (or some other agreed upon date) to assess your progress and to make any necessary changes to your plan. M2M will contact you a third and final time to provide you race day advice and strategy.
Commitment Period for Custom Race Plan: The service fees for Custom Race Plan are non-refundable. M2M will reject any requests by you to pause, alter or change your Custom Race Plan (aside from the changes described under Scope of Services above) after you have paid your lump sum service fee.

Part C - GROUP WORKOUTS

Workout Fees: service fees for Group Workouts, as indicated on the Website, are payable in advance each month. Athletes who have paid for Personal Coaching are permitted to attend Group Workouts without any payment. By accepting this Agreement, you are authorising M2M to charge your credit card on file. You are responsible for updating the credit card on file with M2M to avoid any disruptions in your Workouts due to non-payment. M2M may amend the Workout Fees at any time on 30 days’ notice to you.
Cancellation: You may cancel your Workout membership at any time. The cancellation will take effect on your next billing date. You will not be refunded for any Group Workout fees you have paid.
Availability of Workouts: M2M shall endeavour to provide in-person Group Workouts on a weekly basis or as otherwise specified on the Website. However, M2M is not liable for any cancellations due to causes beyond its reasonable control including availability of Coaches, availability of venues, weather conditions or public health or other restrictions. Workout fees payable by you are not subject to change even if Workouts have been cancelled under this provision.
Switch from Group Workouts Only to Personal Coaching: You may email your Coach and Dylan Wykes to switch from Group Workouts only to Personal Coaching. After your request has been approved by M2M, your credit card will be charged service fees for Personal Coaching, effective your next billing cycle. You will not be reimbursed for service fees to Group Workouts already paid and you will be charged the standard M2M start-up fee effective your next billing cycle.

Part D - STANDARD TRAINING PLANS

Service Fees: service fees for Standard Training Plans, as indicated on the Website, are paid once as a lump sum. By signing this Agreement, you authorise M2M to charge your credit card on file for a Standard Training Plan.
Scope of Services: Standard Training Plans are a digital training plan that is added to your Final Surge account upon purchase. If you purchase a Standard Training Plan, you will receive a training plan that has been written by M2M Coaches. Standard Training Plans do not include an assignment to a coach or any coaching services. The use and execution of the Standard Training Plan is under your complete discretion.
Commitment Period for Standard Training Plans: The service fees for Standard Training Plans will be refunded to you if you request a refund within seven days of purchase of the Standard Training Plan. If you request a refund for the Standard Training Plan after seven days has elapsed from the date of purchase, you will only be granted a refund in exceptional circumstances, and with the mutual agreement of M2M and Final Surge.

Part E– WAIVER AND RELEASE OF LIABILITY

Waiver and Release of Liability: You understand and agree that:

the Services involve your participation in varying degrees of outdoor physical activity, which carry certain inherent and unavoidable risks, including but not limited to an increased risk of serious physical injury, paralysis, or even death and while particular rules, equipment, and personal discipline may reduce these risks, the risk of serious injury does exist (the “Participation Risks”);
by entering into this Agreement, you KNOWINGLY AND FULLY ASSUME ALL PARTICIPATION RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF YOUR COACH OR M2M OR OTHERS;
you are solely and exclusively responsible for your own mental health, physical health, health-related decisions, and any other actions you choose to take or not take while participating in the Services (the “Health Choices”). M2M assumes no liability or responsibility for any consequences which may arise from your Health Choices; and
you, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS M2M, its agents, sponsors, and employees, as well as its affiliates and their officers, directors, shareholders, and employees WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH or loss or damage to person or property WHETHER ARISING FROM THE NEGLIGENCE OF YOUR COACH OR M2M, to the fullest extent permitted by law.

Part F – GENERAL

Confidentiality: You agree that the Services provided to you under this Agreement, including but not limited to any emails, communications or other information shared to you by M2M, are strictly confidential and shall not be disclosed to any third party without the express written consent of M2M. You understand and agree that you will not reproduce any materials, emails or communications provided to you by M2M. You further understand and agree that M2M is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services.
Anti-discrimination, bullying, and harassment: M2M is committed to providing an environment free of discrimination, bullying and harassment. Every Athlete has a right to claim and enforce their right to an environment free of harassment, bullying and discrimination and may report any discriminatory or harassing behaviour to info@mile2marathon.com. No person shall be negatively treated for bringing forward a complaint, providing information related to a complaint, or helping to resolve a complaint.
Miscellaneous:

Notices. All notices and requests in connection with this Agreement may be sent by electronic mail. Correctly addressed notices sent by electronic mail shall be deemed to have been received instantaneously on transmission. Notices shall be addressed to the Athlete as per the electronic mail address details submitted to M2M and to M2M as follows: info@mile2marathon.com or to such other address as M2M provides to the Athlete.
Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ontario, Canada. The courts of Ontario, Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

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