Kain Performance Personalized Online Coaching Application & Release of Liability

The KP Personalized Online Program is geared to the event you are training for, with all of your personal goals, limitations strengths, weaknesses, schedule conflicts . This program is a much more personalized one, with the goal being to get you to a personal best, or “peak” for the event you choose.

Kain Performance Multi-Sport Racing Assumption of Risk and Liability Waiver

NOTICE: This Release form is a contract with legal consequences. Please read it carefully before signing.

In consideration of the acceptance of my membership application for membership in Kain Performance Multi Sport Racing Team (hereinafter “Kain Performance”), I hereby freely and voluntarily agree to the following representations, waivers and agreements.

I, intending to be legally bound, understand and agree that I am voluntarily participating in all Kain Performance training sessions and/or events. I do so at my own request and at my own risk. I acknowledge that the sport of Triathlon and Duathlon, and/or Cycling and/or Running and/or Swimming involves the extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response. I acknowledge that I am aware of the risks inherent in the training sessions (and/or events) and certify that I am physically fit and have not been advised against participation in the above-named sports by a qualified health professional.)

I agree that I alone am responsible for: (a) my proper preparation and safety while participating in any organized Kain Performance race, training session, event or other Team activity; (b) providing, utilizing and maintaining the equipment necessary for the safe enjoyment of my participation in any such Team event; and, (c) wearing a properly functioning SNELL or ANSI Approved helmet while participating in any Kain Performance event which includes bicycling, regardless of form (i.e. road or mountain riding). I also represent that I have no physical or medical condition, which in my knowledge would endanger myself or others, while I participate in these sports or activities.

In addition, I acknowledge that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH), the Santa Clara County Department of Public Health (together, the “Public Health Agencies”) for slowing the transmission of COVID-19, I agree, represent, and warrant that I will not attend any training sessions and/or events of Kain Performance (other than any exclusively online services and programs) (a) within 14 days after returning either internationally or from a community experiencing sustained community spread of COVID-19, or 14 days after exposure to any person who has a suspected or confirmed case of COVID-19, or (b) if I experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or if I have a suspected or diagnosed/confirmed case of COVID-19. I further agree to notify Kain Performance immediately should I have a suspected or diagnosed/confirmed case of COVID-19 within 14 days of my last attendance of a training session and/or event of Kain Performance.

Kain Performance has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19; however, Kain Performance cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19. I acknowledge and agree that due to the nature of the training sessions and/or events of Kain Performance, social distancing of six feet per person among participants or use of a face mask may not be possible. I fully understand and appreciate both the known and potential dangers of attending training sessions and/or events of the Kain Performance and acknowledge that my attendance may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

Being fully aware of the risks, conditions and hazards associated with these sports and my participation, I HEREBY ACKNOWLEDGE that Kain Performance, its directors, founders, members, sponsors, agents and any other team-affiliated individuals and/or entities are not in any way responsible for my safety while participating in any Kain Performance organized race, training session, event or other team activity and I FURTHER AGREE TO WAIVE, RELEASE AND DISCHARGE for myself, my heirs, executors, administrators, legal representatives, assignees and successors an interest (hereinafter “successors”) for any loss or damage, and any and all claims or demands on account of any property damages or any injury to, or an illness or the death which I may have or which may hereafter accrue to me as a result of my participation in any Kain Performance training session and/or event (including any person who may contract COVID-19, directly or indirectly as a result of my participation in any Kain Performance training session and/or event), against any person or entity identified above, whether such injury or damage was the result of negligence or carelessness on the part of the persons or entities mentioned above, and whether such injury or damage was foreseeable or not, including all such claims regarding the design, condition of any equipment utilized by me in such events without regard to whether such equipment is specified or recommended by such persons or entities identified above.

I further agree to forever HOLD HARMLESS and INDEMNIFY all persons and entities identified above, general specifically from any and all liability for death, personal injury or property damage resulting in any way from my participating in Kain Performance training sessions and/or events of any kind. I also give permission for the free use of my name, picture, and voice in any broadcast, telecast, print account, or any other account in any medium of this Training and/or Event. I also agree, for myself and successors, that the above representations are not mere recitals and that they are binding; and that should I or my successors assert any claim in contravention of this agreement, I or my successors shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending against such a claim unless they are found liable for willful and wanton negligence. This document contains the entire agreement between the parties and if any term of provision of this agreement is found invalid or unenforceable, the remaining terms and provisions of this agreement shall remain binding and enforceable.

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I joined Kain Performance in 2003 and since then this team and triathlon have become a huge part of my life. Pete and Shari have created a great program lead not only by their coaching but their team concept. We train as a team, we push each other to improve, and on race day we support each other like no other group out there. In the past 7 years we’ve traveled as a team to races in Europe, Hawaii, and of course all over the US. I’ve made great friends along the way and have improved at the sport more then I ever expected. I’ve gone from a middle of the pack finisher to actually winning my age group in a triathlon this past year. I’ve competed in National Championship races and have finished 50 triathlons including 3 Ironman’s. In 2009 I was part of the Kain Iron team that went to Ironman Austria. The trip and event was a perfect example of a Kain destination race. The 20+ athletes competing combined with their supporters made for a great group of people and an incredible experience on race day that I will always remember. At Kain it’s all about the team and weather you are an age group winner or a triathlon newbie you’ll fit in. If you’ve got a triathlon goal Kain Performance will help you achieve it.

Russell

I ran into Pete at my gym in early 2010 and told him about my desire to start competing in the world of triathlons. Of course, I couldn’t swim more than a couple laps in the pool and hadn’t ridden a road bike since I delivered newspapers on a Schwinn Varsity back in the 70′s. Pete got me a great deal using the Kain Performance team discount on a new Specialized bike and all the accessories to go along with it. I began swimming, doing the Tuesday night team brick workouts, and Saturday team rides. Within two months, I completed my first sprint tri. Because I felt so prepared, it was a very positive experience. I had gained a lot of knowledge and insight from Pete, the coaches, and the other people on the team…everything from strategy, to transitions to preparation. I was hooked! Now, eight months later, I’ve completed six triathlons, including two Half-Iron events. I can’t wait to take on Ironman Austria in 2011, with the 30+ people going from Kain Performance. I enjoy the energetic and supportive nature of the folks that comprise Kain Performance. Pete and Shari have a unique way of making training fun and enjoyable and they’ve created a team environment like no other. I couldn’t have picked a better group of people to train with!

Wayne

After several seasons with Team in Training, I joined Kain Performance to step up my training. I have really noticed an improvement in my running. Pete and Shari are a great team, and you never know what to expect in terms of the workout. Pete can take a hard workout and make it one of the best workouts ever. The other team members provide a lot of energy and team spirit, and make me not want to miss a workout.

Judy

I joined Kain Performance on a Sunday during a Labor Day weekend, back in 2003; I remember that day very well because we had a great swim and run workouts finishing up the day with one of the best parties I have ever been to, just ask Jody!! I started doing triathlon back in 1993 and since then I’ve joined a few different Tri-clubs but when I came to Kain Performance, I found everything in one place; the best coaching, a great bunch of people with different backgrounds, a diverse variety of workouts year round with weekend training trips, team destination races and of course, lots and lt’s of fun. Pete keeps a good balance for his training programs; be prepared for some serious training and racing but also be prepared for some even more serious FUN. Personally, my training has improved so much that I think I’ll have a shot to qualify for worlds this year. The only problem training with Kain Performance could be that, after a while, you might not be “Street Legal” any more…

Jorge

I was bitten by the triathlon bug after a season with TNT. Since joining Kain Performance this summer, my swimming has really improved through practicing the assigned drills, listening to the technique stuff and having one-on-one sessions coached by Becky Gibbs Lavelle. The running economy workouts have helped me make significant improvements in speed, with new personal records for 400m, 800m and 1 mile. I really enjoy Pete and Shari’s coaching style and applicability.

John