Waiver of Liability

Overview

By participating in any and all activities RunSmart Online, LLC offers, I indicate that I have read and understand this Waiver of Liability and Terms of Use. I am aware that this is a waiver and a release of liability, and I voluntarily agree to its terms.

This Waiver of Liability ("Waiver") is entered into between you ("Participant") and RunSmart Online, LLC ("RunSmart"). Running and physical exercise involve inherent risks. This Waiver is intended to inform you of those risks and to establish, to the fullest extent permitted by applicable law, that you assume those risks and release RunSmart from liability in connection with your participation in any activity described or recommended by the RunSmart platform.

Please read this document carefully and in its entirety before using RunSmart. If you do not agree to these terms, do not create an account or use the RunSmart platform.

Assumption of Risk

I, the Participant, on behalf of myself, recognize and acknowledge that there are risks of physical injury associated with running and physical exercise — including but not limited to road running, trail running, track workouts, strength training, mobility work, and any other activity described, recommended, or referenced on the RunSmart platform — and I agree to assume the full risk of any injuries (including death), damages, or loss which I may sustain as a result of participating in any and all activities, whether offered for free or as part of a paid membership, arising out of, connected with, or in any way associated with my use of RunSmart Online, LLC.

These risks include, but are not limited to:

• Muscle strains, sprains, and tears
• Stress fractures and other overuse injuries
• Joint pain, inflammation, and damage
• Cardiovascular events, including cardiac arrest
• Heat-related illness, including heat exhaustion and heat stroke
• Falls, impact injuries, and other accidents occurring during outdoor exercise
• Exacerbation of pre-existing medical conditions
• Death

I, the Participant, acknowledge that participation and use of RunSmart Online, LLC activities is voluntary. I voluntarily and knowingly assume all such risks, and I understand that these risks exist regardless of the quality or design of the training content provided.

Release of Liability

I, the Participant, on behalf of myself, do hereby fully release and discharge RunSmart Online, LLC, its employees, sponsors, and those whose facilities are being used for this program (collectively, the "Released Parties") from any and all liability, claims, and causes of action from injuries or illness (including death), damages, or loss which I may have or which may accrue to me on account of participation in all activities arising out of or related to my use of the RunSmart platform, whether caused by the negligence of the Released Parties or otherwise.

This is a complete and irrevocable release and waiver of liability. Specifically and without limitation, I, on behalf of myself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties' negligence. I covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.

This release includes, but is not limited to, any claim arising from:

• The design, structure, or content of any RunSmart training plan
• Pacing recommendations or workout intensity guidance provided by RunSmart
• Strength, mobility, or cross-training programs provided by RunSmart
• Run form guidance, nutritional information, or educational content provided by RunSmart
• Technical errors, inaccuracies, or omissions in RunSmart content
• My reliance on any information provided by the RunSmart platform in lieu of advice from a qualified healthcare professional

Emergency Authorization

In the event of any emergency or injury, I, the Participant, on behalf of myself, authorize the Released Parties to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care, and agree that I will be responsible for payment of any and all medical services rendered.

Physical Fitness Acknowledgment

I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.

I, the Participant, further represent and warrant that:

1. I am in adequate physical condition to participate in a running training program and the associated physical activities described by RunSmart.
2. I am not aware of any medical condition, injury, or other physical limitation that would make participation in a running program inadvisable without medical clearance — or, if I am aware of such a condition, I have consulted with a qualified healthcare professional and obtained appropriate clearance prior to using RunSmart.
3. I will immediately discontinue any RunSmart activity and seek appropriate medical attention if I experience pain, shortness of breath, dizziness, chest discomfort, or any other symptoms that may indicate a health concern.
4. I understand that it is my sole responsibility to determine whether any specific exercise or activity described in the RunSmart platform is appropriate for my current physical condition.
5. I will not rely on RunSmart as a substitute for professional medical advice, diagnosis, or treatment.

Digital Platform Notice

This Waiver applies to all activities accessed through the RunSmart digital platform, including but not limited to: training plans, strength and mobility programs, run form programs, nutrition programs, and any other content accessed via the RunSmart website or mobile application.

The inherent risks of physical training apply equally to activities performed while following digital guidance as to in-person instruction. The fact that RunSmart delivers its content digitally does not reduce, eliminate, or otherwise limit the physical risks associated with running and exercise. Participants following RunSmart plans or programs assume the same risks as participants in any other physical training program.

RunSmart does not provide real-time supervision of Participant activities. All decisions regarding training load, intensity, and participation on any given day remain the sole responsibility of the Participant.

Governing Law

This Waiver of Liability shall be governed by the laws of the State of New York. If any provision of this Waiver is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

The failure of RunSmart to enforce any provision of this Waiver shall not constitute a waiver of its right to enforce that provision in the future.

Agreement

Related legal documents: Privacy Policy · Terms of Use