TERMS and CONDITIONS

The undersigned hereby acknowledges that training, running, cycling, swimming and racing are potentially hazardous activities and should not pursue any physical fitness program unless physically and medically able to do so. Accordingly, the undersigned acknowledges that Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics) has encouraged them to seek the advice of a medical doctor before beginning any program described here.  The undersigned assumes all risks associated with the use of the program prescribed or training conducted/provided by Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics), including, but not limited to: personal injury, illness, or death.  This includes contraction of Covid-19 and any associated complications caused by Covid-19 to the undersigned and/or family members, friends, neighbors that may contract the illness.  This would include hospitalization or complications resulting in death due to Covid-19.  The undersigned shall not hold Culpepper LLC (Trade Name: Culpepper Coaching, Trade Name: 40 North Athletics) liable for any loss or risk, personal or otherwise, which may incur, directly or indirectly, in connection with the services provided by Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics). This release from liability includes, but is not limited to, the training plan, methods, advice, and any nutritional information provided by Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics). The undersigned does  hereby remise, release, and forever discharge Culpepper LLC (Trade Name: Culpepper Coaching; Trade  Name: 40 North Athletics), his heirs, assigns, executors, and administrators from all actions, causes of action, claims and demands whatsoever, whether or not well founded in fact or in law, and from all suits, debts, dues, sums of money, accounts, reckonings, notes (or bonds), bills, specialties, covenants, contracts, controversies, agreements, promises, trespasses, damages, judgments, executions, claims and demands whatsoever, at law or in equity that undersigned ever had, now has, or that his heirs, executors or administrators hereafter may have against the party hereby released by reason of any matter, cause or thing whatsoever up to and including the day of the date of this release. The undersigned shall not reproduce, display or distribute any of Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics) training plans, or suggested training advice without the express permission of Culpepper LLC (Trade Name: Culpepper Coaching; Trade Name: 40 North Athletics).  Sharing the plan on any web site, or in any public forum is prohibited.

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I agree that any and all disputes arising from or related to my use of this web site or to its terms and conditions must be settled exclusively by binding arbitration in Boulder, Colorado, USA. In accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be based on the substantive laws of the State of Colorado. To the extent permitted by the Colorado Uniform Arbitration Act or the Federal Arbitration Act, whichever is applicable, the arbitrator shall order that disclosures shall be made and discovery shall be permitted in a manner generally comparable to that prescribed by the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply. Judgment entered upon the award by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be in writing and include an explanation for the decision. The prevailing party, if any, as determined by the arbitration, shall be awarded all costs and fees. “Costs and Fees” means all reasonable pre- and post-award arbitration expenses, including fees of the arbitrator, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees (including experts), and attorneys’ fees.