More Info? Call Us On The Throw Phone: (602) 560-3377
ONLINE TRAINING PROGRAM
THROWS CLUB- AZ
PRIVATE COACHING- online or in-person
STRENGTH TRAINING FOR THROWERS
Private Throws Coaching Registration
Used for training communication & sending links for throws training
Used to send throws training info & video content
Please list any injuries or past injuries ( if none, put NA)
What are you wanting to achieve or address in these private throws training sessions
Parent/ Guardian of Athlete ( if a minor)
You can read the full details here:
Here’s the Deal…. We take pictures and video during training sessions, throwing sessions, and throws camps and we use them for various things such as blogs, instruction video, social media, etc.
We may share your success, or use you an example pertaining to something about throws training or strength training.
We are not gonna make millions by using a photo, or video clip of you, but we still need your permission.
I grant Arete Nation Athletics LLC (d/b/a Arete Throws Nation), (herein referred to as ATN Companies) and its representatives and employees the right to obtain photographs and to use my photographic likeness royalty free, in any and all publications, including website entries, without payment or any other consideration. I authorize ATN Companies to copyright, use and publish the same in print and/or electronically.
I agree that ATN Companies may use such photographs of me with, or without my name, and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
I understand and agree that these materials will become the property of ATN Companies.
AUDIO & VIDEO TESTIMONIAL RELEASE
I grant to ATN Companies, its representatives, and employees the right to capture audio & video of training sessions, and to use any and all video and audio recording for purposes of marketing in all of its publications, including website entries, advertising, without payment or any other consideration. I authorize ATN Companies to use and publish the same in print and/or electronically.
I have read and understand the above: I authorize ATN Companies to use photographs, audio and video testimonials, quotes and information contained in this testimonial for marketing purposes.
THROWS TRAINING & CAMP PARTICIPATION WAIVER & RELEASE
Please read and review.
In a nutshell, accidents can happen. Thankfully, we have a great track record of no accidents to date and we intend to keep it that way!
With that being said, we do need you to agree to all this legal stuff.
So, please read and review and realize that you will most likely never get hurt…. BUT… it can happen, and if it does, you agree not to hold us responsible.
Here it goes…
Because both Shot Put & Discus training can be strenuous and subject to risk of injury, you agree that by participating in Arete Throws Nation™ PHX, ATN™ Throwing camps, and ATN™ clinics, you do so entirely at your own risk.
You agree that you are voluntarily participating in these activities and any use of facilities and premises where camps/clinics take place. You assume all risks of injury, illness, or death.
This waiver and release of liability includes, without limitation, any injury and/or damages caused by equipment malfunction or failure, any slip or fall, and any negligent instruction or supervision by Arete Throws Nation™ and their respective members, officers, directors, agents, servants, employees, trainers, staff contractors, and/or assigns.
Additionally, you acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.
You expressly agree to release and discharge Arete Nation Athletics LLC (doing business as Arete Throws Nation™ ), the coaches or instructors, event hosting site, and their respective members, officers, directors, agents, servants, employees, trainers, staff, contractors, and assigns from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Arete Nation Athletics LLC staff, the coaches, or instructors for personal injury or property damage.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
I further assert that my child is in sufficient physical and mental health to participate in throws training, practices and/ or throws camp and does not have any physical, or mental condition that could prevent him or her from being able to participate in the activities involved in throws training, strength training, and/ or at the Throws Camp.
I have medical insurance coverage appropriate for my child’s participation in throws training, strength training, and/ or at the Throws Camp.
Arete Throws Nation™ shall not provide any insurance for my child in connection with my child/athletes participation in throws training, strength training, and/ or at the Throws Camp.
This Waiver, Release and Assumption of Risk (the “Agreement”) shall be governed by the laws of the State of California, the State of Texas, the State of Illinois, the State of Iowa, the State of Ohio, the State of Florida and by the State of Arizona.
COVID-19 SAFETY ACKNOWLEDGMENT — LIABILITY WAIVER AND RELEASE OF CLAIMS
COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by the Arete Nation Athletics., (“ANA”), consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, ANA has put in place preventative measures to reduce the spread of COVID-19. However, ACS cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in ANA events and/or other ANA activities. By attending an ANA event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact ANA at email@example.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with ANA.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with ANA, and I willingly engage in ANA events and/or other activities.
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE ARETE NATION ATHLETICS (DBA Arete Throws Nation) AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Arete Nation Athletics/ Arete Throws Nation event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the Arete Nation Athletics/ dba Arete Throws Nation. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
OK… Let’s focus on throwing Far now!
Below you will see our general training and billing rules.
It’s all the formal stuff we need to make clear. We try to keep it as simple as we can.
So please review and accept, so we can focus on building you/or your athlete into a champion!
Arete Throw Nation®
Terms of Service and Subscription Agreement
These Terms of Service and Subscription Agreement (this “Agreement”) are entered into by and between Arete Nation Athletics, LLC, an Arizona limited liability company (“ANA” or “we”) and you (“you” or “your”). You and ANA may also be referred to individually as a “Party” and, collectively, as the “Parties.”
IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE
AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.
Your use of this Site indicates
your acceptance of this Agreement.
ANA has developed, owns and operates the platform known as “AreteThrowsNation.com” and such other related online websites and applications as ANA may create and with which it may partner (collectively, the “Site”).
The Site provides instruction, tools, videos and information about camps, private training and other events to help athletes who use and subscribe to the Site (each, a ”User” and, collectively, the “Users”) improve their skills in the throwing sports including discus and shot put (collectively, the “Services”).
The Services provided to you shall be included in any reference to your use of the Site.
Therefore, the Parties agree as follows:
Agreement to be Bound
You agree to be bound by this Agreement by your use of the Site. If you do not agree with or do not wish to be bound by any provision hereof, cease using this Site immediately.
In addition to the definitions provided throughout the Agreement, the following terms have the following meanings when used herein:
“Documentation” means any websites, manuals, videos, documentation, emails and other supporting materials related to the Site that ANA provides to you or that you can access under this Agreement. Documentation is considered part of the Site.
“Member Resources” means videos, publications, documentation, websites, apps or other benefits that are accessible to only members who have a valid and current Subscription.
“Personal Information” means the contents of your profile and any search criteria you may choose.
“Subscription” means the result of purchasing a Subscription Plan.
“Subscription Fee” means the amount paid for a Subscription Plan.
“Subscription Plan” means a package of Services described on the Site.
“Subscription Term” means the period from the commencement of a Subscription Plan to its termination.
You do not have to be a member use the Site. However, if you register as a member and purchase a subscription, you can access the Member Resources.
A Subscription Plan will require a valid credit card on which we will charge the Subscription Fee on a recurring basis in accordance with the Subscription Plan chosen by you. Charges will be made commencing on the date you purchase the Subscription Plan and will automatically renew at the end of the term of the Subscription Plan you chose
You may upgrade or terminate a Subscription Plan at any time. If you terminate a Subscription Plan other than at the end of its term, there will be no credits or offsets for the portion of the then-current Subscription Term (see below) after you downgrade.
ANA utilizes state-of-the-art encrypted security measures (including but not limited to username and password protections) to protect your Personal Information.
3.2.Client Paid Subscriptions – Termination.
Subscription Plans automatically renew until terminated by you or us, as provided herein. Upon renewal, the method of payment provided by you shall be charged the Subscription Fee as specified for the Subscription Plan you selected.
ANA reserves the right to change its prices for the Subscription Plans at any time PROVIDED no increases in prices will be effective for any Subscription Plan that has already commenced.
Any Subscription Plan and/or this Agreement may be terminated by either you or ANA at any time, for any or no reason, effective immediately.
Upon the effective date of termination of a Subscription Plan and in the absence of termination of this Agreement,
the Subscription Term shall end;
you will no longer have access to member-only videos and resources; and
you shall not be billed for any recurring Subscription Fees.
In the event of a termination other than on the renewal date of a Subscription Plan, there shall be no refunds, discounts or credits for amounts paid with respect to any portion of the Subscription Term remaining after the effective date of termination. In addition to the foregoing, in the case of a termination of a Subscription Plan or this Agreement by ANA due to a breach by you of this Agreement, ANA reserves the right to claim additional damages as ANA determines to be appropriate and warranted.
Your Use of the Site.
4.1.Your Responsibilities. You will (a) be responsible for your compliance with this Agreement, (b) use reasonable efforts to prevent unauthorized access to the Member Resources and notify ANA promptly of any such unauthorized access or use, and (c) use the Site only in accordance with the Documentation and all applicable laws and regulations, including, without limitation, applicable export control laws and regulations of the United States and other jurisdictions (as provided in more detail below). You are solely and exclusively responsible for the security of the usernames and passwords issued to you. ANA shall be entitled to rely on the authority of any person using the username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct.
4.2.Restrictions. You will not (a) make the Site or the Member Resources available to, or use the Site or the Member Resources for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Site or the Member Resources, or include the Site or the Member Resources in a service bureau or outsourcing offering, (c) use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Site to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Site or any third-party data contained therein, (f) attempt to gain unauthorized access to the Site, the Member Resources or any related systems or networks, (g) permit direct or indirect access to or use of the Site or the Member Resources in a way that circumvents a contractual usage limit, (h) copy the Site or the Member Resources or any part, feature, function, or user interface thereof, (i) frame or mirror any part of the Site or the Member Resources other than as permitted in the Documentation, (j) access, record or copy the Site or the Member Resources in order to build a competitive product or service, or (k) reverse engineer, disassemble or decompile the Site or the Member Resources.
Without limiting our remedies which include filing a copyright action against you for up to Two Hundred Fifty Thousand Dollars ($250,000) per violation, in the event you violate this Section 4.2, directly or indirectly, we will suffer losses and damages the exact amount of which would be extremely difficult and impracticable to ascertain. Consequently, in addition to any copyright infringement claims, you agree to pay to us One Hundred Thousand Dollars ($100,000) per violation as a fair and reasonable estimate of the losses and damages we will suffer as a result of each such violation. In addition, you agree to pay all of the costs, including reasonable attorneys’ fees which we may incur in enforcing this section and collecting the liquidated damages provided herein.
Your Representations and Warranties
You represent and warrant the following:
You are eighteen (18) years of age or older.
If you are a subscriber, you are accessing the Member Resources exclusively for your personal use and self-improvement in the throwing skills, with no intent to broadcast, republish, misrepresent, edit, copy, display or in any way use the Member Resources for any purpose other than your personal use and self-improvement in the throwing skills.
For the purposes of this Agreement, “Confidential Information” means any business or technical information that either Party discloses to the other Party, in writing, orally or by any other means, that should reasonably have been understood by the receiving Party due to “confidential” and similar markings, the circumstances of disclosure, or the nature of the information itself, to be proprietary and confidential to the other Party, including, without limitation, computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, and product development plans, names and expertise of employees and consultants, and customer lists. Neither Party will use the other Party’s Confidential Information, except as permitted under this Agreement. Each Party agrees to maintain in confidence and protect the other Party’s Confidential Information using at least the same degree of care as such Party uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other’s Confidential Information, including, without limitation, disclosing Confidential Information only to such Party’s employees, independent contractors, consultants and legal and financial advisors (collectively, “Representatives”) (a) with a need to know such information, (b) who are parties to appropriate agreements sufficient to comply with this Section and (c) who are informed of the nondisclosure obligations imposed by this Section. Each Party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency or other governmental body, provided that the Party required to make such a disclosure gives reasonable notice to the other Party to enable them to contest such order or requirement. The restrictions set forth in this Section shall remain in effect during the Subscription Term, and for five (5) years thereafter. The restrictions set forth in this Section will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving Party; (ii) was rightfully known or becomes rightfully known to the receiving Party without confidential or proprietary restriction from a source other than the disclosing Party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing Party; or (iv) the receiving Party independently develops without access to or use of the other Party’s Confidential Information.
Your Confidential Information expressly includes the Personal Information. We follow generally accepted best practices to safeguard the Personal Information. We conduct background checks on and have confidentiality agreements with all personnel who have or may have access to the Personal Information, including but not limited to those in technical support.
ANA shall implement and maintain appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of the Personal Information; and (ii) protect against unauthorized access to the Personal Information.
In addition to ANA’s Confidential Information, ANA owns all rights, title and interest in and to the ANA software and Site, the Member Resources as well as any trademarks, copyrights, trade secrets and inventions, whether or not any of the foregoing are registered, and any ideas, suggestions, proposals, research or test results obtained through, from or as a result of your use of the Site and/or feedback provided by you regarding the Site (collectively, “ANA Assets”). Your rights to the Site are limited to the rights expressly granted to you in this Agreement. ANA reserves all rights not expressly granted in this Agreement. You agree that you shall not attempt to claim, register or protect any interest in or to the ANA Assets.
9.1.ANA’s Indemnification Obligation. ANA will defend or settle, at its option and expense, any third-party claim brought against you to the extent that it is based on an allegation that your use of the Site as permitted under this Agreement infringes a patent, copyright, or trademark or misappropriates a trade secret of any third-party (each, a “Claim”), and, subject to Section 12, ANA will pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify ANA in writing of any such Claim as soon as reasonably practicable and allows ANA to control, and reasonably cooperates with ANA in the defense of, any such Claim and related settlement negotiations.
9.2.Exclusions. You understand that ANA has no obligation to indemnify you for any Claim that is based on (i) modification of the Site by any party other than ANA; (ii) your use of the Site (including the Member Resources) other than as authorized by this Agreement and the Documentation or in violation of your representations and warranties; (iii) use of the Member Resources by any person other than you who accesses the Member Resources using your username and password; or (iv) your failure to stop using the Site ort the Member Resources after receiving written notice to do so from ANA in order to avoid further infringement or misappropriation (subparts (i)-(iv) are referred to collectively as “Indemnity Exclusions”).
9.3.Right to Ameliorate Damages. If your use of the Site is, or in ANA’s reasonable opinion is likely to be, subject to a Claim under Section 9.1, ANA may, at its sole option and at no charge to you (and in addition to ANA’s indemnity obligation to you in Section 9.1) (i) procure for you the right to continue using the Site; (ii) replace or modify the Site so that it is non-infringing and substantially equivalent in function to the original Site; or (iii) if options (i) and (ii) above are not commercially practicable in ANA’s sole determination, ANA can terminate this Agreement and all licenses granted hereunder (in which event, you will immediately stop using the Site) and refund the Subscription Fees that you paid which are allocable to the remainder of the then-current Subscription Term.
9.4.Your Indemnification Obligation. Except to the extent that ANA is obliged to indemnify you in Section 9.1 above, you will defend, indemnify and hold ANA harmless from and against any claims that may arise out of or be related to or connected with your use or misuse of the Site or the Member Resources (including but not limited to collection, transmission and processing of the Personal Information) or use or misuse of the Site or the Member Resources by any person other than you who accesses the Site or the Member Resources using your username and password (including, without limitation, any Indemnity Exclusion). For purposes of this section, any reference to ANA shall include ANA’s Affiliates, shareholders, directors, officers, employees, agents and contractors.
9.5.Sole Remedy. This Section sets forth ANA’s sole and exclusive obligations, and your sole and exclusive remedies, with respect to claims of infringement or misappropriation of third-party intellectual property rights.
ANA provides the Site on an “as is” and “as available” basis. To the extent permitted by law, ANA disclaimS all warranties, whether express, implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising out of course of dealing, usage or trade.
Assumption of Risk and Waiver.
You acknowledge and understand that throwing, like any sport, has inherent risks of bodily injury which risks are magnified when combined with objects intended to be thrown, such as discuses and shot puts.
You expressly and unconditionally assume any risks and waive any and all claims against ANA, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions, and regardless of the source or the cause of the issue including but not limited to failures of third-party sites or applications with which the Site interacts:
any personal injury to you or anyone else, whether as an athlete, other participant, user or spectator, relating to, caused by or connected to any activity or product depicted on the Site or the Member Resources (including but not limited to third-party sporting equipment and dietary supplements);
any damage to property of yours or anyone else’s relating to, caused by or connected to any activity or product depicted on the Site or the Member Resources;
any unauthorized person uses your username and/or password to access the Site with any result, including but not limited to making changes in authorizations;
the Site or the Member Resources are partially or totally inoperative or inaccessible;
use of the Site or the Member Resources;
viruses or other malicious software are transferred to your computer or other device by using the Site;
there are bugs, errors or inaccuracies in the Site;
third-party content, actions or inactions on or with respect to the Site;
a suspension or other action taken with respect to your account by ANA; or
deletion, corruption or destruction of any of the Personal Information.
No waiver by ANA of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by ANA in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
For purposes of this section, any reference to ANA shall include ANA’s Affiliates, shareholders, directors, officers, employees, agents and contractors.
Limitation of Liability.
To the extent permitted by law, in no event shall ANA have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including for loss of profit, revenue, or data) arising out of or in connection with the Site or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages. To the extent permitted by applicable law, ANA’s total cumulative liability to you or any third-party arising out of or in connection with the Site or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the greater of the Subscription Fees paid by you during the Twelve (12) months immediately preceding the claim or One Hundred Dollars ($100.00). The Parties agree that this Section represents a reasonable allocation of risk.
Governing Law and Venue.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona, USA, without giving effect to any principles of conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Maricopa County, Arizona, USA, and the Parties irrevocably consent to personal jurisdiction and venue therein. If any Party incurs costs or expenses including but not limited to reasonable attorneys’ fees in connection with an action relating to the terms of and performance under this Agreement, the prevailing Party in such an action shall be entitled to recover its costs and reasonable attorneys’ fees incurred.
You agree that you may bring a claim against ANA only in your capacity as an individual User, not as the member of or participant in any group or class.
EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON,RELATING TO OR ARISING OUT OF THIS AGREEMENT, USE OF THE SITE, USE OF THE MEMBER RESOURCES OR PARTICIPATION IN ANY OF THE ACTRIVITIES OR USE OF ANY OF THE PRODUCTS INCLUDED OR DEPICTED IN THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS LISTED HEREIN.
14.1.Independent Contractors. ANA is and will be deemed to be an independent contractor with respect to you in regard to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between ANA and you.
14.2.Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. ANA may assign this Agreement, in part or whole, inclusive of the Personal Information and personal account information, without your consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or equity. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
14.3.Amendment. ANA may amend this Agreement at any time, in its sole and absolute discretion; provided any changes in this Agreement shall be binding upon you only upon renewal of your Subscription Term (unless ANA terminates your Subscription). You will be notified of such change(s) by email. Your continued use of the Site after the effective date of any such modification shall be conclusive evidence of your consent to be bound by such modification.
14.4.Force Majeure. Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure, governmental orders (including but not limited to quarantines and business closures) and power failures.
14.5.Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered in person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage pre-paid addressed as follows, or to such other address as such Party may notify to the other Party in writing:
To ANA: 2702 E Corrine Dr
Phoenix, AZ 85032
To you: As provided by you at the time of registration and as may be amended by you from time to time.
Notices, demands or requests which either Party is required or desires to give the other hereunder shall be deemed to have been properly given for all purposes if (A) hand-delivered to the Party’s notice address, (B) mailed by express, registered or certified mail of the United States Postal Service, return receipt requested, postage prepaid, or (C) delivered to a nationally recognized overnight courier service for next business day delivery, to its addressee at such Party’s notice address. Each such notice, demand or request shall be deemed to have been received upon the earlier of (i) actual receipt or refusal by the addressee if hand-delivered in accordance with clause (A) above, or (ii) three (3) business days after deposit thereof at any main or branch United States post office, if sent in accordance with clause (B) above, or the next business day after deposit thereof with the courier, if sent pursuant to clause or (C) above. The parties shall notify the other of any change in address, which notification must be at least two (2) business days in advance of it being effective. Notices may be given on behalf of any Party by such Party’s legal counsel. For a notice to be valid, an email copy shall accompany each of the foregoing modes of noticing a Party. An email notice, by itself, shall suffice as notice at such time as the sender receives a receipt acknowledgment or the recipient replies, directly or indirectly, to such notice.
14.6.Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
14.7.Section Headings. Section headings are included for ease of reference only and have no binding effect.
14.8.Interpretation. You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any Party as the drafter. This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.
14.9.Headings The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
14.10.Blocked Persons. Each Party represents and warrants to the other that it is not a person or entity listed on Appendix A to Title 31, Chapter V of the Code of Federal Regulations (aka “Suspected Terrorist List”) (a “Blocked Person”). Each Party acknowledges that the reason for such certificate is that Executive Order 13224 and the regulations promulgated pursuant thereto provide that any transfer of property or interest in property with a Blocked Person is null and void and the Party entering such transaction with a Blocked Person could be subject to monetary penalties or imprisonment in accordance with 31 CFR 594.701.
14.11.Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement.
14.12.Survival. Those provisions of this Agreement that by their terms or sense are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect, including, without limitation, Sections 2, 4.2 and 6-14.
ONLINE MEMBERSHIP FEES: All online memberships fees are due in full at time of purchase, unless there is an offer for a monthly program, in which case fees are due as proclaimed in monthly program offering.
MEMBERSHIP RENEWALS: Memberships are valid for the length of time offered: Alpha level is a 12 month membership, TCR® Base is a 12 month membership, and TCR® Seasonal Base is a 6 month membership. All memberships are renewable at a discounted rate that is offered 30 days prior to the membership expiration date. If the option to renew is denied or expires, the membership will terminate automatically and the discounted rate is forfeited.
SCHOOL SPONSORED MEMBERSHIPS: For any membership that is paid for either by a School, or a booster club, an email will go out to whomever is in charge of the membership account, and arrangements will be made to coordinate renewal payments with either the school’s accounts managers or a booster representative.
STOP MEMBERSHIP BILLING: There are 2 options for terminating an ATN® Online Membership:
Option 1: To terminate billing of the TCR® online membership, simple contact Arete Throws Nation® with an email stating you would like to end your membership, and an ATN® customer service representative will terminate your membership and cancel out all billing operations.
Please note, the TCR® monthly subscription has a 6 month minimum commitment. If you decide to cancel your monthly subscription prior to this 6 month period, the remaining balance up to the 6 month mark will be due in full.
Please note, the TCR® 1 payment option is nonrefundable.
Option 2: Simply cancel the membership inside the membership area. The TCR system membership is nonrefundable.
NON PAYMENT FOR MONTHLY MEMBERS: For TCR® monthly subscriptions, in the event there are insufficient funds for the auto-payment of your monthly TCR® subscription, the system will attempt your payment 2 additional times. If the monthly payment can not be paid, your access to the TCR® system will pause, and we will contact you to see if we can help you. If no payment is received for 2 months, the subscription will auto cancel and any remaining monthly payments equaling a 6 month subscription will be due in full.
ATN® CLUB TRAINING FEES: ATN® CLUB is a membership program, and not a training session package program. All billing is scheduled to a secure auto-billing service and are processed on the date in which the program was purchased. For example, if you signed up on Feb 12th, then your auto-billing will process on the 12th of each month.
PROCESSING OF TRAINING CLUB FEES: Since all club fees are set up on Auto Billing and bill the first of the month, initial fees may be prorated pending on when the athlete is beginning the program.
If the athlete starts on the first, second or 3rd week of the month, the first month is prorated. Any athlete that begins within the first 5 days of the month is billed for the full month, and the billing cycle will continue on the 1st of each month.
ATN® CLUB GYM FEES: All club fees includes the use of our contracted gym facilities for the Level 2, Level 3 and Level 4 programs and the occasional weight training day for the Level 1 program.
NEW ATHLETES: For all new athletes joining the ATN® Club, there is a 1x set up fee of $75 dollars. This fee covers the 1st private appointment for biomechanical evaluation of lifting and throwing technique and time for designing the appropriate training program.
ATN® CLUB ATHLETES & USATF: ATN® Club athletes are also required to register with USATF as an athlete with Arete Throws Nation® Club. < link to register is provided in registration process>
ATN® club is a 3 consecutive month minimum commitment / (1) 12 week training cycle, and continues month to month until the athlete graduates, suspends, or discontinues the Club Program.
The ATN® CLUB PROGRAM is NOT a session based program, but designed as ongoing, regular, weekly coaching program with a target # of coaching hours per month. If an athlete misses training due to vacation, illness, change in schedule, the program fees do not roll over to future months. If you know that you will not be able to train for more than 2 weeks, please contact us via email at least 10 days prior so your training fee schedule and throws training schedule can be adjusted.
Suspending, discontinuing, or changing frequency levels within the Club program requires 10 DAYS WRITTEN NOTICE VIA EMAIL OR TEXT MESSAGE. Please contact Mrs Arete, and she will make sure your training fees and throws training schedule is adjusted accordingly. Contact Mrs Arete: firstname.lastname@example.org
TCR THROWS CAMPS: Payment for any and all tickets for a TCR throws camp are due in full at time of purchase. Throws camp tickets are non-refundable. However, in the event of a sickness or an injury to an athlete prior to the camp date, ANA will roll over the ticket to another throws camp.
CANCELLATION OF A TRAINING SESSION- We require all cancellations of training to be notified to us no later than by 5pm the day before. This allows us the opportunity to adjust our training protocols for the day. To cancelled you can call or text your coach, and they will return your call/ text as soon as possible to ensure your training schedule for the month is on point.
CANCELLATION FROM THE ATN® CLUB PROGRAM- If you need to cancel your throws training, please notifies us as soon as possible so we can take care of your auto-billing schedule. To cancel, contact Mrs Arete via email: email@example.com
*** please note, any left over training sessions are not refundable. It is best for athletes to complete their training commitment for the month.
CREDIT CARDS: Credit cards declined for monthly payments will incur a $5 nonrefundable decline fee. An additional $25 late fee will be applied if payment is not received 5 days past the due date.
For liability insurance reasons, an athlete cannot train at Arete Throws Nation® Club past the 5 day window until fees are current.
Monthly payments will not be prorated due to days or weeks missed due to late payments.
CASH OR CHECK PAYMENTS:
The Head Coach must first approve any arrangements for membership fees being paid by check, or cash.
A $25 fee will be incurred on any returned checks for insufficient funds.
The ATN® CLUB PROGRAM is a frequency based, ongoing program for throwers serious about making massive improvements in a matter of 3-5 months.
This program is based on a target number of hours each week and target total for each month, therefore, this program is a flat fee based on the hours target. Target hours must be completed during the target month as this program is designed long-term annual based training program so programs go beyond a single session to address issues and provide insights for what the athletes need to train and manage.
This program includes:
Annual Training Program Design (Off-season Fall, Offseason Winter, Preseason, In-season, Postseason, Championship cycle)
Throws Technique Technical Assessment
Lifting Technique Technical Assessment
TCR™ 6 pillar system training
Strength Training for throwers
General Nutrition advice
Weekly TCR® Throws training tips
Progress Posting on ATN® Social media for College recruiting purposes
ARETE THROWS NATION® AND THROWING CHAIN REACTION® SYSTEM CONTENT:
All Arete Throws Nation® and Throwing Chain Reaction® system content (videos, pictures, graphics and copy) are protected by U.S> and International copyright laws. Reproduction and distribution of any videos, pictures, graphics. logos, and marketing copy without permission of Arete Throws Nation® is prohibited.
All Arete Throws Nation® and Throwing Chain Reaction® system videos, pictures, memes, and posts on Youtube, Instagram, Facebook and the Arete Throws Nation® website are protected by U.S. and International copyright laws. Reproduction and distribution of any videos, pictures, graphics. logos, and marketing copy without permission of Arete Throws Nation® is prohibited.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Arete Throws Nation® site is our proprietary property and all source code, database, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned and controlled by us (Arete Throws Nation®/ Arete Nation Athletics, LLC) and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
BREACH OF TERMS AND CONDITIONS
Arete Nation Athletics LLC reserves the right to terminate a membership and such member’s use of and access to the site and all member-only materials for breach of these terms and conditions and, in such event, the terminated member shall not be entitled to any refund, discount, credit or allowance in connection with the remaining term if any membership, class or event paid for by the terminated member.
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