Terms & Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Legal Notice

Please read the below in its entirety as it affects your legal rights.

My acceptance of the terms and conditions serves as my legal signature & legally certifies that all terms and conditions have been read and agreed to in its entirety.

All notices from Durata Training to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Durata Training shall be made either by e-mail, sent to the address we provide on our Web site.

Delivery shall be deemed to have been made by You to Durata Training five (5) days after the date sent.

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Copyright
All content appearing on this Web site is the property of: Durata Training Copyright All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, (2) the information does not infringe on the below outlined Ownership of Intellectual Property, and (3) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ? 2016 Durata Training. All rights reserved.

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Ownership of Intellectual Property.
I acknowledge and agree that Durata Training owns all rights, titles and interests, including, but not limited to, all copyrights, training material, training program(s), training classes, workouts, training structure or design and all other intellectual property rights. Reproduction, reuse or any other use of Durata Training Intellectual Property without express written consent is forbidden and will be prosecuted by law.

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Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Durata Training and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Durata Training believes that customer conduct violates applicable law or is harmful to the interests of Durata Training and its subsidiaries.

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Privacy Policy
Durata Training use of personal information that you may submit to Durata Training through this Web site is governed by the Durata Training Privacy Policy.

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Medical Release
I, certify that I am medically and physically fit to participate in athletic training and/or testing activities and have not been advised otherwise by any person (including any medical personnel). I have no medical or physical condition that would endanger others or myself if I participate in any athletic training and/or testing activities. As stated below, participation in athletic training and/or testing activities presents an inherent risk of injury to person or property. I certify that I have no known conditions that prohibit or limit participation in any athletic training and/or testing activities. Additionally, I certify that I have primary medical insurance in place to cover any expenses related to any potential injury that may arise from my participation in any athletic training and/or testing activities.

Indemnification and Risk Acknowledgment: In consideration of the services provided by DW&DW LLC or any of its affiliates including DURATA TRAINING & AUSTIN RUNNING ACADEMY & DURATA TRAINING PRIVATE CAMPS OR CLINICS the right to engage in athletic training and/or testing activities as a participant in any way in DW&DW LLC programs, related events and activities, I acknowledge, agree, promise and covenant with DW&DW LLC, its agents, employees, members, managers, officers, directors, all volunteers, sponsors, organizers, independent contractors, affiliates, and any promoting organization(s), medical providers, property owners, law enforcement agencies, all public entities, special districts, and properties (and their respective shareholders, agents, officials and employees) (collectively, the ?RELEASEES?) through or by which the programs, related events and activities will be held on behalf of myself, my heirs, assigns, legal representatives, executors, administrators, successors in interest, estate and next of kin (hereinafter collectively my ?Successors?) as follows:

The risk of injury from athletic training and/or testing activities is significant, including the potential for injury, illness or disease, physical or mental, permanent paralysis, death, or damage to myself or my property, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury, illness or disease, physical or mental, permanent paralysis, death, or damage to myself or my property remains; and

I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known or unknown, identified or unidentified, anticipated or unanticipated, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY RELEASEE or others, and I assume full responsibility for my participation; and

I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest employee or trainer immediately; and

I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident and/or illness during my participation in athletic training and/or testing activities; and

I understand that still and video images of me may be taken in conjunction with any athletic training and/or testing activities and agree that they may be used to promote DW&DW LLC; and

I accept responsibility for the condition and adequacy of my equipment. If I participate in a cycling event, I will wear a helmet certified by ANSI SNELL, CPSC or DOT performance tests and that can protect me against serious head injury, and assume all responsibility and liability for the selection of such a helmet; and

I, for myself and my Successors, HEREBY RELEASE AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS, OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. ACCEPTANCE OF RISK AND RESPONSIBILITY: I HAVE READ THIS LIABILITY WAIVER AND ACKNOWLEDGMENT, AND I VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES FOR INJURY, ILLNESS OR DISEASE, DEATH AND PARALYSIS TO MYSELF OR MY PROPERTY ARISING FROM MY PARTICIPATION IN ANY ATHLETIC TRAINING AND/OR TESTING ACTIVITIES; I FULLY UNDERSTAND THE TERMS HEREOF, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS LIABILITY WAIVER AND ACKNOWLEDGMENT, INCLUDING, BUT NOT LIMITED TO, RIGHTS ARISING FROM OR CLAIMS FOR THE ACTS OR OMISSIONS, FAULT OR NEGLIGENCE IN ANY DEGREE OF THE RELEASEES, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ANYONE FORCING ME TO PARTICIPATE IN SPITE OF THE RISKS.

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Entire Agreement:
I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim in contravention of this Liability Waiver & Assignment, I or my Successors shall be liable for the expenses (including legal fees) incurred by the RELEASEES in defending the claims. This Liability Waiver & Acknowledgment may not be modified orally, and a waiver or modification of any provision shall not be construed as a modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to RELEASEES and insurance carriers of my name and medical information that relate solely to any injury or death I may suffer arising from any athletic training and/or testing activities. Every term and provision of this Liability Waiver & Assignment is intended severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions which shall remain binding and enforceable. I understand that this is the entire agreement between DW&DW LLC and myself, that it is for the benefit of all RELEASEES, and that it cannot be modified or changed in any way by the representations of DW&DW LLC or any employee or agent of DW&DW LLC or any of the RELEASEES or by me. My signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms.

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Legal Notice
All notices from Durata Training to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Durata Training shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: Delivery shall be deemed to have been made by You to Durata Training five (5) days after the date sent.

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Consumer Agreement
Durata Training bills your account every 4 weeks for the coaching level that you have selected. If at any time you would like to cancel your membership with Durata Training you may do so by giving Durata Training a written 30 days advanced notice of your cancellation. Upon written receipt of cancellation notice you will be charged for one more billing cycle after which all services and billing will cease 30 days after your official notice.

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30 Day Refund
If you decide to cancel your Durata Training services within the first 30 days, we will pro-rate and refund your account based on the date of your cancellation. After the first 30 days of service there is a no refund policy and the official 30 days cancellation notice is in effect per the Consumer Agreement.

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Auto Draft Policy
For re-occuring services, your credit card will be billed every 4 weeks from the date of your first sign up.

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Hard Good Items
Durata Training offers a full return policy on any hard goods that may be purchased. Goods must be in original packaging with tags attached and no visible wear to the product.