WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability Agreement (“Agreement”) is provided in connection with present and/or future participation in events, practices, clinics, competitions, triathlons and similar activities that will be held, promoted, sponsored or affiliated in some way with Triple Threat Racing, LLC, an Arkansas Limited Liability Company dba Arkansas Track & Field Club, or its successors or assigns (“TTR”). In connection with such participation, the undersigned hereby acknowledges and agrees as follows:

1. TTR sponsors, holds, and participates in events, practices, clinics, competitions, triathlons and similar activities (“Event(s)”) from time to time that relate in some way to triathlons and/or their various disciplines, including swimming, bicycling, and running, or other endurance sports. TTR also provides coaching, training and instruction from time to time to individuals in these and other sporting disciplines (“Activity/ies”).


2. The Activities necessarily involve tremendous physical exertion. The actions of other people who participate in or attend Activities and Events are unpredictable. Many anticipated or unanticipated conditions or events can cause or contribute to personal injury, and even disability or death, while participating in Activities or Events, including conditions which may or may not be related to the Activity or Event, such as weather or motor vehicle accidents during travel to and from the Activity or Event. I acknowledge the risks, known and unknown, that are associated with participation or attendance of the Activities and/or Events, and agree to assume those risks voluntarily. I acknowledge and agree that I will, at all times, participate and/or attend each Activity or Event with complete awareness that there are knowable and unknowable risks and dangers involved, and agree to assume and accept any and all risks of property damage, personal injury, and specifically including disability or death. I acknowledge and agree further that the Events and Activities are entirely voluntary. I covenant that I will not participate at any time, in any Event or Activity, if I am not completely healthy, able to handle the exertion without injury, disability or death, and unless a medical professional has certified the same to me prior to my participation.


3. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The exact methods of spread and contraction are unknown. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. I acknowledge and agree that TTR cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while participating in Events or Activities. It is not possible to prevent the presence of the disease. Therefore, by choosing to utilize TTR’s services I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19.



4. In addition to the foregoing, I covenant and promise not to file any lawsuit against TTR that pertains in any way to any of the claims or causes of action that are released or described in this Agreement for which I assume all risks, known and unknown.

5. I understand and agree that neither TTR nor any of its directors, officers, employees, coaches, agents and volunteers will be responsible in any way for any injuries, disability, medical bills, or damages of any kind to me in connection with participation in Activities or Events or preparation for such Activities or Events.


6. I hereby forever release and waive my right to bring suit against TTR and its directors, officers, employees, coaches, agents, volunteers, or other representatives in connection with any injury, illness, disability, or death, including any exposure, infection, and/or spread of COVID-19, arising from my participation in any Activity or Event. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease, or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.


I am deemed to have restated and agreed to the foregoing waiver and release herein by attending or participating in an Activity or Event.

I understand and agree that the law of the State of Arkansas will apply to this Waiver and Release of Liability.


I HEREBY CERTIFY THAT I HAVE READ ALL OF THIS AGREEMENT AND FREELY AND VOLUNTARILY AGREE TO BE BOUND BY IT.

COACHING AGREEMENT

This Coaching Agreement (“Agreement”) is by and between Triple Threat Racing, LLC, an Arkansas limited liability company dba Arkansas Track & Field Club (“TTR”), or its successors or assigns; and the signee of this document, (“Athlete”) in connection with Athlete’s participation in TTR’s ARTC Open/Masters Road Team (the “Team”).

WHEREAS, TTR provides coaching and instruction to adults regarding track & field, cross country running, road racing, mountain, ultra, trail, triathlons and other endurance sports as further defined in Appendix B (collectively the “Coaching Services”).

WHEREAS, in consideration for TTR providing the Coaching Services to Athlete, Athlete agrees to pay the fees as set forth in Appendix A;NOW THEREFORE, the parties hereby agree as follows:

Definitions. Terms defined in this Agreement shall have the same meanings as in the Waiver and Release of Liability between TTR and Athlete dated the day of this document’s submission.

Hire. Athlete hereby hires TTR to provide the Coaching Services to Athlete, in exchange for valuable consideration as described in Appendix A.

Provision of Coaching Services. TTR agrees to provide Coaching Services to Athlete as defined further in Appendix B.

Payment of Fees. In consideration of TTR’s provision of Coaching Services, Athlete shall compensate TTR according to the Fee Schedule attached hereto as Appendix A. TTR shall be entitled to adjust the fees listed on this Fee Schedule from time to time, provided that it gives Athlete advance notice of any changes. The parties agree that all fees are payable in advance and payment shall be made by check, cash or credit card. TTR shall invoice Athlete for fees and payment shall be made per the terms of the invoice. TTR reserves the right to invoice less frequently than monthly. Athlete acknowledges and agrees that fees paid to TTR pursuant to this Agreement are nonrefundable regardless of membership usage or termination.

Term and Termination of Agreement. The term of this Agreement is one year from the date written below (“Term”), except that TTR may terminate this Agreement at any time on 30 days written notice, and subject also to the provision below on Ethics and Standards of Behavior. By enrolling, Athlete acknowledges that TTR must invest substantial resources at the beginning of each year in staff and planning to train Athlete for an entire year, that TTR cannot recover such investments in the event Athlete declines to continue with the ARTC Open/Masters Road Team throughout the year, and that for Athlete to withdraw from the team before a year elapses would cause significant financial losses to TTR. Accordingly, Athlete agrees to fulfill the full financial obligation for the entire Term, regardless of whether Athlete pays on a monthly basis or on a yearly basis, and regardless of whether this Agreement is terminated prior to the end of the Term.

Coaches. TTR has several coaches, any of whom may provide Coaching Services to Athlete constituting TTR’s performance under this Agreement.

No Employment Relationship. Athlete acknowledges that neither TTR nor any of its coaches is an employee of Athlete.

Tailored Program/Necessity of Two-Way Communication. TTR will develop particular methods, techniques and instructions tailored for Athlete based on regular, frequent communication with Athlete. The parties acknowledge that Athlete’s development requires that this communication be two-way communication of feedback between TTR and Athlete.

Risks; Waiver. It is important that Athlete fully considers and agrees to be solely responsible for the risks that are associated with triathlon and its disciplines, all of which involve tremendous physical exertion. TTR’s role is to develop Athlete and other athletes. This necessarily involves pushing oneself to and beyond performance boundaries, which may at first seem impossible. However, TTR’s coaches are not physicians. By signing this Agreement, Athlete warrants and represents that he or she has been examined by a licensed physician or other appropriate qualified medical representative and certified to be physically able to handle all of the physical exertion that will be required in implementing TTR’s techniques and instruction. TTR and athlete also acknowledge the terms of the separate Waiver and Release of Liability Agreement, the terms of which are deemed to be restated and are incorporated by reference into this Agreement as though set forth word for word.

Media Release. Athlete acknowledges that his/her participation in the Activities may be recorded, whether by audiovisual, photographic, and/or audio means, by TTR or by other parties. Athlete agrees that TTR shall retain the right to procure, use, publish, and otherwise make use of any media resulting from such recordings and releases TTR and its affiliates from any and all liability connected with such use. For avoidance of doubt and without limitation, this provision applies to TTR’s use or reuse of Athlete’s appearance, name, voice, image, likeness, and/or biographical data. Athlete hereby authorizes TTR to use such media for any purpose whatsoever, including, without limitation, in print, advertisements, films, promotional materials, online, and in broadcast presentations. Athlete agrees that this permission shall be worldwide and perpetual, and shall survive the termination of this Agreement.

HIPAA Release. I hereby authorize the staff of TTR to use, receive, disclose and release information regarding my protected health information and any related information regarding any injury or illness during my training for and participation in the Events or Activities. This protected health information may concern my medical status, medical condition, injuries, prognosis, diagnosis, athletic participation status, and related personally identifiable health information. TTR may disclose or release this protected health information to health care providers, hospitals and/or medical clinics and laboratories, insurance carriers, athletic coaches, strength and conditioning coaches, and other similar individuals or entities. Athlete understands that his/her protected health information is protected by federal regulations under the Health Information Portability and Accountability Act (“HIPAA”) and may not be disclosed without Athlete’s authorization. Athlete acknowledges that this Agreement shall constitute such authorization, and that such authorization/consent for the use and/or disclosure of my protected health information is a condition for participation as an athlete with TTR.

Ethics and Standards of Behavior. By signing below, Athlete acknowledges that TTR requires that all people associated with it conduct themselves at all time with the utmost ethics and appropriate behavior. Athlete agrees that loud, rude, obnoxious or other inappropriate behavior; cursing, swearing, bragging, “trash talk”; negative or disrespectful comments about TTR or its coaches, staff, sponsors or other athletes; and any and all other acts and actions which reflect poorly on or negatively adversely affect TTR or anyone associated with it are a violation of this Agreement. Accordingly, any acts, actions or conduct, which violate the foregoing standards, as, determined solely and exclusively by TTR, are grounds for discipline, up to and including immediate termination of this Agreement without notice, and without repayment of any fees paid.
 

Appendix A
Fee Schedule

Payment Terms and Commitment

For participation in the TTR’s ARTC Professional Coaching, the following payment terms apply:

• Monthly Payment Option: $385 per month per athlete
• Annual Payment Option: $3,840 one-time payment per athlete (reflecting a discounted rate)

ARTC Professional Coaching is available on a month-to-month basis, with no long-term contract required. Athletes may discontinue coaching at any time, provided notice is given prior to the next billing cycle. Athletes also have the option to pay for a full year of coaching in advance at a discounted rate. This annual payment reflects a financial commitment for the entire year and secures the athlete’s coaching spot at a reduced cost. All payments—whether made monthly or annually—are non-refundable and non-transferable, regardless of athlete participation, training interruptions, early withdrawal, or dissatisfaction with services. Coaching services will not be paused, extended, or prorated without written agreement in advance.

Appendix B
Coaching Services

• Structured Training Programs – Individually trailered training plans designed for progressive, evidence-based development, aligned with athlete goals, availability, and competitive schedule.
• Coaching Support – Ongoing access to expert guidance on training methodology, performance optimization, recovery strategies, and race execution. Training plans are monitored and adapted through regular review of athlete data.
• Performance Monitoring – Frequent analysis of training data and field-based testing to assess progress, inform adjustments, and target physiological development.
• Race Planning & Strategy – Detailed support for race execution, including pacing strategy, hydration and fueling plans, and mental preparation. Assistance is also provided for race selection and season structure.
• Strength & Mobility Guidance – Integrated strength and mobility programming based on current evidence in exercise science to improve durability, reduce injury risk, and enhance athletic performance.
• Educational Resources & Workshops – Ongoing learning and development opportunities, including guidance on nutrition, biomechanics, training theory, recovery, and mindset, delivered through educational seminars.
• Communication Access – Athletes may communicate via text, email, phone, or video call. While no fixed response time is guaranteed, athlete communication is prioritized, and accessible support is a core element of the program.