Endeavorun Terms of Service

 

 

Terms of Service

I. Services:
EndeavoRun LLC (“Endeavorun”) offers a range of related services (collectively, “Services”) including but not limited to coaching, camp/retreat experiences, virtual programming, group events, training advice and guidance, under the following Terms of Service and represents an Agreement between Endeavorun and the Individual (“Participant”):

II. Endeavorun Covid-19 and Public Health Policies
As coaches, your health and safety is our first priority. Just as with all of our training recommendations, we rely on evidenced-based empirically-sound scientific findings. We believe that it is unsafe to host any in-person retreats without all participants vaccinated.

Endeavorun reserves the right to require all participants provide proof of Covid-19 vaccination.

Endeavorun and its officers reserve the right, at their sole discretion, to postpone and/or cancel the retreat due to public health concerns. In the event that this occurs, all participants will be fully refunded all registration payments (including the otherwise non-refundable deposit). Endeavorun will not refund participants the cost of individual expenses incurred in planning for the retreat (travel, lodging, etc.).

Endeavorun will not refund participants the cost of individual expenses incurred in planning for the retreat (travel, lodging, etc.).

III. General Policies:

  1. Endeavorun reserves the right to cancel the program at any time. In this event, Participants will be issued a full refund for any monies paid. Endeavorun is not responsible for expenses, associated with planning the Participant's experience, including but not limited to airfare, lodging, meals, transportation, etc., (collectively “Participant Expenses”) to participate in Endeavorun.

  2. Endeavorun reserves the right to modify the program, alter the schedules, and change any components at its sole discretion.

  3. Endeavorun reserves the right to remove any Participant from the program at any time, with or without cause, at the sole discretion of Endeavorun and its officers.

  4. Participants are prohibited from the sale, promotion, advertisement, dissemination, or similar of any product or service to other Participants and/or Endeavorun staff without the express written consent of Endeavorun.  

  5. Participant agrees that the Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of Endeavorun, including but not limited to, the materials provided to Participant from Endeavorun, the techniques and methodologies utilized by Endeavorun and its staff in rendering Services under this Agreement and the substance of the communications between Endeavorun and the Participant. 

  6. Participant agrees that Participant shall not reproduce any materials provided to Participant by Endeavorun and, further, that Participant will not remove any proprietary markings from materials provided to Participant from Endeavorun, including any confidentiality notices and/or copyright notices. 

  7. Participant agrees that they shall not provide access to any and all Endeavorun services, experiences, program components, or any intellectual property of Endeavorun to anyone who is not an Endeavorun Participant or staff member, without the express written consent of Endeavorun. 

  8. It is expressly understood and agreed that Endeavorun is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services. 

  9. The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.

If you are not satisfied with your experience, please notify Endeavorun as soon as possible.

IV. General Refund and Cancellation Policies:

  1. Deposits are non-refundable and guarantee the participant registration in the program. Remaining payments (payments made to pay-in-full after an initial non-refundable deposit was made) are final and non-refundable. Registration fees encompass the entirety of the Endeavorun program. No individual component of Endeavorun may be refunded and/or prorated.

    The price of any participant's outstanding (final) balance payment (to complete program registration) is determined by the price of the retreat at the time of outstanding balance payment, not by the price of the retreat at the time of their initial non-refundable deposit. Full retreat price will vary as the dates of the retreat approach in accordance with a pre-set pricing schedule. Participants are responsible for being aware of this schedule, published on our website, as they make their deposit. 

  1. Endeavorun and its officers may offer selective refunds or deferrals to future programs on a case-by-case basis. 

  2. Participants may cancel and ‘opt out’ at any time. However, no such cancellation, opt-out, or refusal to continue participation in the program of any kind shall warrant a refund. 

    a. Should a participant choose to cancel their participation due to public health concerns, this will not warrant a refund. As mentioned above in Section II,
    refunds related to public health concerns are administered only at the sole discretion of Endeavorun and its officers should the program be canceled or postponed. 

  3. In the event a Participant is removed, it is solely at the discretion of Endeavorun and its officers as to whether or not to issue any, partial, and/or full refund for Participation in any component of Endeavorun. 

V. Endeavorun Independent Contractors

Certain services may be provided by independent contractors. These professionals are independent from Endeavorun and governed by their respective state licensing authority, if applicable. The use of such services is voluntary and the Participant hereby indemnifies, releases and holds Endeavorun harmless from and against any liability, claims, loss or injury associated with the services.

VI. Photo Release

In participating in this program, Participants agree to grant to Endeavorun and its authorized representatives permission to record photography, film and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future publications, brochure, or other printed materials used to promote Endeavorun, and further that such use shall be without payment of fees, royalties, special credit or other compensation. 

VII. Waiver and Release of Liability, Assumption of Risk and Indemnity

A. RELEASE AND ASSUMPTION OF RISK:

Participant represents that Participant is at least eighteen (18) years of age. Further, Participant understands and agrees that: (i) participation in these services is voluntary; (ii) the services may advise intense physical activity; (iii) and that such participation carries with it certain and inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, Participant agrees that Participant assumes the risk of participating in the services. Participant certifies that Participant is physically fit and sufficiently trained for participation in the services and that Participant has not been advised against participation by a qualified health professional.

In addition, Participant acknowledges the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that they may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. Participant acknowledges that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. Participant understands that the risk of becoming exposed to or infected by COVID-19 in connection with their participation in this event and personally assumes this risk.

Participant understands and agrees that Participant is solely responsible for arranging any equipment, materials, transportation, and all other related travel expenses needed by Participant to participate in the services (“Participant expenses”). Endeavorun is not liable for any such Participant expenses for any reason including, without limitation, cancellation of the services.

PARTICIPANT AGREES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE SERVICES, WHETHER CURRENTLY, OR IN THE FUTURE, WITH THE KNOWLEDGE OF THE NUMEROUS RISKS AND DANGERS INVOLVED AND ENDEAVORUN SHALL BEAR NO RESPONSIBILITY OR LIABILITY INCLUDING BUT NOT LIMITED TO, (I) NEGLIGENCE IN ANY MANNER ON THE PART OF ENDEAVORUN, ITS REPRESENTATIVES, DIRECTORS, AGENTS, EMPLOYEES, OFFICERS, VOLUNTEERS, OTHER PARTICIPANTS, AND CONTRACTORS IN THE CONDUCT OR ARRANGEMENT OF THE SERVICES, (II) EQUIPMENT INCLUDING, WITHOUT LIMITATION, SELECTION, ASSEMBLY, SHIPPING, PACKING, HANDLING, STORAGE, FAILURES OR MAINTENANCE; (III) THE MAINTENANCE OR OPERATION OF ANY VAN OR OTHER MOTOR VEHICLE UTILIZED TO TRANSPORT ANY PARTICIPANTS OR ANY OTHER TRANSPORTATION FAILURE, REGARDLESS OF THE MODE OF TRANSPORTATION; (IV) PHYSICAL EXERTION FOR WHICH I AM NOT PREPARED; (V) RISK ASSOCIATED WITH FOOD, IMPURE WATER OR OTHER BEVERAGES; (VI) CRIMINAL ACTIVITY; (VII) DANGERS ASSOCIATED WITH WILD OR OTHER ANIMALS; (VIII) ACCIDENT OR ILLNESS WITHOUT ACCESS TO MEANS OF RAPID EVACUATION OR AVAILABILITY OF MEDICAL SUPPLIES OR SERVICES AND/OR THE AVAILABILITY OR ADEQUACY OF MEDICAL ATTENTION ONCE PROVIDED; OR (IX) LOST, STOLEN OR MISPLACED LUGGAGE OR PROPERTY. PARTICIPANT ACKNOWLEDGES THAT THE ENJOYMENT DERIVED FROM PARTICIPATING IN THE SERVICES AND THE INHERENT RISKS ASSUMED ARE BEYOND THE ACCEPTED SAFETY OF LIFE AT HOME OR WORK. PARTICIPANT HEREBY AGREES TO BE RESPONSIBLE FOR HIS/HER OWN WELFARE AND ACCEPTS ANY AND ALL RISK OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH. PARTICIPANT FULLY DISCHARGES AND COVENANTS TO ENDEAVORUN THAT PARTICIPANT, NOR ANY OTHER PARTY ON BEHALF OF PARTICIPANT WILL SUE OR THREATEN TO SUE ENDEAVORUN AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS ENDEAVORUN, ENDEAVORUN’S REPRESENTATIVES, DIRECTORS, AGENTS, EMPLOYEES, OFFICERS, VOLUNTEERS, OTHER PARTICIPANTS, ANY SPONSORS, ADVERTISERS AND IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES ON WHICH THE SERVICES MAY TAKE PLACE (EACH CONSIDERED ONE OF THE “RELEASES” HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON THE PARTICIPANT’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.

B. INDEMNIFICATION

In consideration of Endeavorun’s acceptance of Participant's request to participate in the services, Participant hereby indemnifies, releases and forever discharges Endeavorun and any Endeavorun representative from any liability, claims, losses, costs, or expenses, and waives the right to pursue legal action against Endeavorun arising directly or indirectly from Participant's participation in the services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from the services or any instruction or training associated with the services and whether based upon the breach of any express or implied warranty, negligence or under any other legal theory. This release shall be binding upon Participant's heirs, assignees, successors and personal representative. Participant hereby further states that Participant currently suffers from no physical or mental condition that would impair his/her ability to fully participate in the services. Participant hereby acknowledges that Endeavorun makes no warranties of any kind, express or implied, and does not guarantee individual results. Participant, not Endeavorun, is personally responsible for the achievement of individual performance goals.

VIII. Governing Law

This Agreement shall be construed under and in accordance with the laws of the State of Virginia exclusive of any conflict-of-law or choice of law rules and principles. Any legal action or proceeding arising out of or relating to this Agreement shall be commenced in the state or federal courts located in Arlington County, Virginia and Participant irrevocably submits to the exclusive jurisdiction and venue of such courts.

IX. General

The terms and conditions of this Agreement may not be amended or modified without the express written consent of Endeavorun and any attempt to do so shall be null and void. Participant may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of Endeavorun. The Services are not transferable. This Agreement, together with the terms and conditions of other services as well as any Waiver, constitute the complete and exclusive statement of all mutual understanding between the parties with respect to the subject matter hereof, superseding all prior proposals, communications and understandings, oral or written. As part of this Agreement and for no additional consideration or agreement, Endeavorun may request the consent of the Participant to use the Participant's name, image, likeness, and video training, for promotional purposes and any such consent by Participant shall not be unreasonably withheld.