The Run Plan, LLC – Waiver, Terms, and Conditions
1. Agreement
This Agreement is entered into between The Run Plan, LLC ("we", "us", "our," or “Company”) and the individual subscriber or participant ("you", "your," or “Athlete”). If the participant is under 18 years old, a parent or legal guardian must execute this Agreement and agree to its terms, including indemnification if a claim arises on behalf of the minor.
2. Scope of Services
This Agreement applies to all services and activities provided by The Run Plan, LLC, (the “Services”) including but not limited to: (i) virtual coaching programs delivered via online platforms or apps; (ii) in-person coaching, which may include marking courses in public streets, parks, tracks, and other open venues; (iii) free and paid downloadable training plans, whether provided directly or through promotional partnerships; (iv) group training sessions, races, events, or challenges organized or facilitated by us; or (v) advice and instruction on general strength training, ancillary lifts, mobility work, and other movements beneficial to the development of runners. These services may be general or individualized based on the coaching plan you select. We operate in the State of Texas and provide services nationwide.
3. Requirements to Obtain Services if Under the Age of 18.
For participation in Services of individuals under the age of 18, a written agreement executed by a parent or legal guardian is required. For purposes of this Agreement, the term “Athlete” shall include the parent or legal guardian. Further, Athlete agrees that if, despite the release hereunder, the minor Athlete or anyone on the minor Athlete’s behalf makes a claim against any of the Released Parties, then the minor Athlete, and the minor Athlete’s parent or legal guardian will indemnify, save, and hold harmless each of the Released Parties from any liabilities including, without limitation, litigation expenses, attorney fees and costs, damage, or costs incurred as a result of, or in any way, associated with any such claim, per Paragraph 5, Waiver, Release of Liability, and Indemnification.
3. Confidentiality.
Athlete agrees that Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of Company, including without limitation, any materials provided to Athlete by Company, the techniques and methodologies used by Company in providing Services under this Agreement, and the substance of communications between Company and Athlete. Athlete agrees that Athlete shall not reproduce any materials provided to Athlete by Company, and that Athlete will not remove any proprietary markings from materials provided to Athlete from Company, including any confidentiality notices, or copyright notices. Athlete understands and agrees that Company is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks, and other intellectual property rights associated with the Services.
4. Assumption of Risk.
Athlete represents and agrees that Athlete is at least 18 years of age. Athlete understands and agrees that participation in the Services is voluntary; the Services may require intense physical activity; and that such participation carries with it certain and inherent and unavoidable risks, including, without limitation, an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, Athlete agrees that Athlete assumes the risk of participating in the Services. Athlete represents and agrees that Athlete is physically fit and sufficiently trained for participation in the Services, that Athlete has not been advised against participation by a qualified health professional, and that Athlete currently suffers from no physical or mental condition that would impair Athlete’s ability to fully participate in the Services. Athlete agrees that Athlete is voluntarily participating in the Services, whether currently, or in the future, with the knowledge of the numerous risks and dangers involved and that Company shall bear no responsibility or liability, including, without limitation, for: (a) negligence in any manner on the part of Company in the conduct or arrangement of the Services, (b), Equipment, including without limitation, selection, assembly, shipping, packing, handling, storage, failures, or maintenance; (c) the maintenance or operation of any van or other motor vehicle utilized to transport Athlete, or any other transportation failure, regardless of the mode of transportation; (d) physical exertion for which Athlete is not prepared; (e) risk associated with food, impure water, or other beverages;(f) criminal activity; (g) dangers associated with wild or other animals; (h) high altitude, accident, or illness without access to means of rapid evacuation, or availability of medical supplies or services, or the availability or adequacy of medical attention once provided; or (i) lost, stolen, or misplaced luggage or property. Athlete acknowledges and agrees 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. Athlete understands and agrees to be responsible for Athlete’s own welfare and accepts all risk of delay, unanticipated events, inconvenience, illness, injury, emotional trauma, or death. Athlete understands and agrees that Athlete is solely responsible for arranging any lodging, transportation, equipment, and other related travel accommodations, and for all expenses needed by Athlete to participate in the Services (“Athlete Expenses”). Company is not liable for any Athlete Expenses for any reason, including, without limitation, cancellation of the Services. Athlete understands and acknowledges that Company makes no warranties of any kind, express or implied, and does not guarantee individual results, and that Athlete, not Company, is personally responsible for the achievement of individual performance goals.
5. Waiver, Release of Liability, and Indemnification.
Athlete fully discharges and covenants to Company that Athlete, nor any other party on behalf of Athlete, will sue or threaten to sue Company and agrees to indemnify, save, and hold harmless Company, Company’s representatives, directors, agents, employees, officers, volunteers, other athletes, any sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the Services may take place (collectively, “Released Parties”) from all liability, claims, demands, losses, or damages on Athlete’s account caused, or alleged to be caused, in whole or in part, by the negligence of Released Parties or otherwise, including negligent rescue operations. In consideration of Company’s acceptance of Athlete’s request to participate in the Services, Athlete indemnifies, releases, and forever discharges Company and any Company representative from any liability, claims, losses, costs, or expenses, and waives the right to pursue legal action against Company arising directly or indirectly from Athlete’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 fees and costs, 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 waiver, release, and indemnification shall be binding upon Athlete’s heirs, assignees, successors, and personal representatives.
6. Medical Clearance & Non-Medical Advice Disclaimer
You must consult with a physician before participating in any program. You represent and warrant that you are physically fit and have no medical condition that would prevent your safe participation. All training plans, coaching advice, or recommendations—whether provided in person, online, or through downloads—are for informational purposes only, are not medical advice, and should not replace consultation with a qualified healthcare provider.
7. Use of Name and Likeness
You grant us a royalty-free, worldwide, perpetual, irrevocable right to record, photograph, or otherwise capture your image and likeness, and to use such materials for promotional, marketing, and other lawful purposes in any medium, without your inspection, approval, or additional compensation.
8. Modifications to Terms
We may modify this Agreement at our sole discretion. Modifications take effect one week after posting on our website. Your continued participation after such posting constitutes acceptance of the revised terms.
Failure by us to enforce any provision shall not be considered a waiver of our rights unless such waiver is made in writing by an authorized representative.
9. Governing Law & Venue
This Agreement is governed by and construed under the laws of the State of Texas. Any dispute arising under or related to this Agreement must be brought exclusively in the state or federal courts in Travis County, Texas.
10. Entire Agreement
This Agreement constitutes the entire understanding between you and The Run Plan, LLC and supersedes all prior agreements or understandings. No amendment or modification is valid unless in writing and signed by both parties.
11. Costs and Attorneys’ Fees
If we successfully enforce this Agreement through legal action, you agree to reimburse us for reasonable attorneys’ fees and costs incurred.
12. Subscription Cancellation
You may cancel your subscription at any time through your online portal. Cancellations shall become effective immediately prior to the beginning of the next subscription period. Upon cancellation, billing will cease for future periods and you may use any remaining prepaid services in the current subscription period. It is your responsibility to cancel prior to the next billing date if you wish to stop service. If you experience issues canceling, contact us; we will respond within two business days.
13. No Refunds / Exchanges
We do not offer refunds, returns, exchanges, or credits for coaching services, training plans, or other purchases. Refunds will not be issued for coaching services, whether delivered in full, partially, or unused. Coaching services may be paused upon request, subject to our sole discretion.
Merchandise: Shirt size exchanges are allowed; you are responsible for shipping costs. Defective merchandise may be replaced or exchanged, as determined solely by us.
14. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.
Acknowledgment & Acceptance
By participating in any Service provided by The Run Plan, LLC, whether in-person, virtually, or through the use of any free or paid training plan, you acknowledge that you have read, understood, and voluntarily agree to this Agreement in its entirety.