The Run Club Program
I understand that by signing and submitting these Program Participation Terms (“Terms”) I am agreeing to participate in The Run Club Coaching Program as made available to me (“Coaching Program”) by The Run Club, part of 83 Tech Harbor LLC in association with AdvocateAuroraHealth (“TRC”). These Terms are a contract between me and TRC and I understand that my participation in the Coaching Program is dependent upon my compliance with these Terms.
I understand that as part of the Coaching Program, TRC may have access to my specific location data through GPS tracking. I expressly consent to TRC accessing this location data. I control whether this data is collected through the Device I am using.
2. No Medical Advice. TRC does not provide medical advice. I have separately received, understand and executed the Consent and Release Form. I understand that it is solely my responsibility to consult my personal physician before beginning the Coaching Program. I also understand it is solely my responsibility to seek any medical attention during the course of the Coaching Program.
3. Third-Party Software and Tools.
a. Participation in the Coaching Program requires my use of additional third-party software and tools beyond the Device and associated Garmin software application and account. Coaching and training is provided via Final Surge, which I will be required to use to participate in the Coaching Program. TRC has established an administrator account with Final Surge. I will be required to establish an account with Final Surge, which account may be established at no cost to me. I understand that use of Final Surge and its platform is subject to the Final Surge terms and privacy policies, available here: www.finalsurge.com/privacyterms. TRC does not manage or maintain and has no responsibility for Final Surge, its terms or its policies. I acknowledge that I will have to properly connect my Garmin Device account with my Final Surge account to allow the data from my Device to transfer. Participation in the Coaching Program requires the use of Final Surge. I am not required to set up a Final Surge account or accept the Final Surge terms and privacy policies, but because these tools are required for the Coaching Program, I understand that I will not be able to participate in the Coaching Program.
b. My coach or others associated with TRC may provide live group coaching, information or exercise sessions online. These meetings will be held via Zoom. Use of Zoom by any participant is subject to Zoom’s terms and privacy policies, which are available here: https://zoom.us/privacy. I understand these sessions are provided as a convenience to me and are not required for participation in the Coaching Program. I do understand that these sessions may be recorded and maintained by TRC for the convenience of other Coaching Program participants and TRC personnel and customers.
5. Liability Disclaimer. TRC has no liability or responsibility for any of the third-party tools or devices provided or used as part of the Coaching Program or the connection or integration of the same to my personal mobile devices. I understand that I have independently read and agreed to all terms of such third-party tools and devices and accept all risk of using the same. TRC makes no guarantee that I will meet my goals or be able to complete the Coaching Program. TRC does not make any representations or warranties about the results that I will achieve through the Coaching Program.
6. Coaches. My coach will post videos for exercises on the TRC website, which I may view at my convenience in my discretion through the TRC website. Coaches are selected by TRC based on their experience. I understand that if I have any questions or concerns about my coach, I must immediately report the same to TRC. I may request a new coach, but TRC has no obligation to accommodate any such change. In that event, I am free to terminate my participation in the Coaching Program by providing notice to TRC and returning the Device.
7. Time Commitment. There is no minimum time commitments for participation in the Coaching Program. However, if you do not invest the time required to complete your training, you will not receive the potential benefits of the Coaching Program.
8. Termination. If I violate any of these Terms, my participation in the training program will be terminated by TRC. I can terminate my participation in the Coaching Program at any time.
9. Data Security. I understand that, while TRC may use commercially reasonable technical and organizational measures to help secure all of my personal data against loss, misuse, and alteration, TRC cannot guarantee loss, misuse or alteration will not occur. If there is a breach of my data while in TRC’s possession, I understand that TRC will only notify me to the extent required under applicable law. I understand that the sharing of my data with TRC and the third parties assisting to provide the Coaching Program is at my own risk.
10. Limitation of liability. To the maximum extent permitted by applicable law, in no event will TRC, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Coaching Program or the collection, use, and sharing of my personal data, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if such party has express knowledge of the possibility of the loss or damage.
To the fullest extent permitted by law, my sole and exclusive remedy is to stop participating in the Coaching Program. Without limiting the foregoing, in no event will TRC’s liability exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to me.
11. Severability. If any provision of these Terms is held to be unenforceable, such provision will be limited and construed so as to make it enforceable consistent with the parties’ manifest intentions or, if such limitation or construction is not possible or would be inconsistent with the parties’ intentions, such provision will be deemed stricken from these Terms. In any such event, all other provisions of these Terms will remain in full force and effect.
12. Governing Law. These Terms are subject to and will be enforced under the laws of the State of Wisconsin (without giving effect to its conflict of laws principles).