Assumption of Risk, Release of Liability, and Waiver of Claims
READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING IT YOU GIVE UP THE RIGHT TO SUE PEAK 65 LLC FOR CERTAIN INJURIES.
This agreement is between you and Peak 65 LLC, a Washington limited liability company ("Peak 65", "we", "us"). You must accept it before you can use Peak 65.
1. You must be 18 or older
Peak 65 is for adults only. By accepting this agreement you confirm you are at least 18 years old. We do not provide coaching to minors.
2. What you are agreeing to do
Peak 65 provides strength, conditioning, running and Hyrox training programs. Training may include, among other things: running at high intensity, sled pushes and pulls, sandbag lunges, wall balls, burpees, rowing and ski erg work, barbell and dumbbell lifting, plyometrics, carries, and sustained cardiovascular effort at or near your maximum capacity.
3. You understand this is dangerous
Physical training carries a real risk of serious injury and death. You acknowledge and accept that these risks include, but are not limited to:
- Muscle strains, tears, and ruptures, including tendon and ligament injury
- Sprains, dislocations, fractures, and joint damage
- Back, neck, knee, shoulder and spinal injury
- Heart attack, stroke, cardiac arrhythmia, and cardiac arrest
- Heat exhaustion, heat stroke, dehydration, and hyponatremia
- Rhabdomyolysis, including kidney damage or failure
- Fainting, dizziness, falls, and head injury
- Aggravation of any pre-existing condition, whether or not you have disclosed it to us
- Permanent disability
- Death
You accept these risks knowingly and voluntarily. You understand that this list is not exhaustive and that other risks exist, including risks that are not foreseeable.
4. You are medically cleared and responsible for your own health
By accepting this agreement you represent and warrant that:
- You are in good health and physically able to participate in strenuous exercise.
- You have consulted a physician, or have knowingly chosen not to, and you accept full responsibility for that decision.
- You have disclosed to us any injury, illness, medication, pregnancy, or physical limitation that could affect your safety during training, and you will tell us promptly if that changes.
- You are not relying on Peak 65, or any Peak 65 coach, for medical advice, diagnosis, treatment, or clearance to exercise.
Peak 65 coaches are not physicians, physical therapists, dietitians, or licensed healthcare providers, and nothing we provide is medical care.
5. Coaching is remote, and you are the one in the room
You understand and accept that:
- Peak 65 coaching is delivered remotely. We cannot see you train. We cannot observe your technique, your form, your equipment, your facility, or your condition on any given day.
- We rely entirely on what you report to us. If you report inaccurately, incompletely, or not at all, the programming you receive may not be appropriate for you.
- You are solely responsible for the safety of the equipment you use and the environment you train in, including any gym, facility, road, trail, or surface.
- You are solely responsible for deciding, in the moment, whether to perform, modify, reduce, or stop any prescribed session or movement.
- You will stop immediately and seek medical attention if you experience chest pain or pressure, shortness of breath beyond normal exertion, dizziness, fainting, irregular heartbeat, severe or unusual pain, numbness, vision changes, confusion, or any symptom that concerns you.
- A prescribed session is a recommendation, not an instruction you must follow. Choosing not to complete a session is always available to you, and choosing to complete one is always your decision.
6. Data in the app is not a medical device
Peak 65 may display or use heart rate, heart rate variability, resting heart rate, sleep, step and recovery information from your wearable device or from screenshots you upload.
This information is not diagnostic and is not a medical device. It is not monitored in real time. It may be inaccurate, incomplete, delayed, or missing. It is not reviewed by a clinician. Do not use it to detect, diagnose, treat, or rule out any medical condition, and do not delay seeking medical care because of anything the app shows or fails to show you.
7. No guarantee of results
Peak 65 makes no promise, guarantee, or warranty about your race times, your fitness, your body composition, your health, or any other outcome. Results depend on factors outside our control, including your consistency, genetics, sleep, nutrition, stress, and life circumstances.
8. Release of liability
In exchange for being allowed to use Peak 65, you release, waive, and discharge Peak 65 LLC, its owners, members, coaches, employees, contractors and agents (together, the "Released Parties") from any and all claims, demands, actions, causes of action, damages, costs and expenses of any kind — including those arising from the Released Parties' own ordinary negligence — for any injury, illness, disability, death, or loss of or damage to property that you suffer in connection with your use of Peak 65, its programming, or its services.
This release applies whether the claim arises during training, after training, at home, at a gym, on the road, at a race, or anywhere else, and whether or not the injury was foreseeable.
This release does not apply to gross negligence, reckless conduct, or intentional misconduct by the Released Parties, and does not waive any right that cannot be waived under Washington law. Nothing in this agreement is intended to limit any claim that Washington law does not permit to be limited.
9. Covenant not to sue and indemnification
You agree not to bring a claim or lawsuit against the Released Parties for anything covered by section 8.
You agree to indemnify and hold the Released Parties harmless from any claim brought by anyone else — including a family member, spouse, estate, or insurer — arising out of your use of Peak 65, to the extent that claim is based on an injury or loss you have released above.
10. This is voluntary
You are not required to use Peak 65. You have chosen to, freely and voluntarily, having read and understood this agreement and having had the opportunity to ask questions or seek your own legal advice.
11. It binds your family and your estate
This agreement is binding on you, your spouse, your children, your heirs, your executors, your administrators, your assigns, and anyone else who could bring a claim on your behalf or because of your injury or death.
12. Washington law governs
This agreement is governed by the laws of the State of Washington, without regard to its conflict of laws rules. Any action relating to it must be brought in the state or federal courts located in King County, Washington, and you consent to that jurisdiction and venue.
13. If part of this is unenforceable, the rest still applies
If any provision of this agreement is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be. Every remaining provision stays in full force.
14. Your acceptance
By checking the acceptance box and continuing, you confirm that:
- You have read this entire agreement.
- You understand that you are giving up substantial legal rights, including the right to sue for injuries caused by ordinary negligence.
- You are at least 18 years old.
- You are accepting it freely and voluntarily.
We record your name, your email address, the date and time of your acceptance, and the version of this agreement you accepted. We keep that record for seven years, and we keep it even if you later delete your Peak 65 account, so that your acceptance can be shown if it is ever disputed.
Peak 65 LLC
Kenmore, Washington
peak65app@gmail.com