Tri-a-Little: Master Terms of Use, Health Disclaimer, and Release of Liability Agreement

By creating an account, checking any box acknowledging agreement, or accessing the Tri-a-Little platform (the “Platform” or “Service”), you (“Participant,” “User,” or “You”) agree to be bound by all terms, conditions, disclaimers, and releases contained in this Agreement.

If you do not agree to these terms, you must immediately cease all access to and use of the Platform. You agree that your electronic assent (such as clicking “I Agree” or checking an acceptance box) constitutes a binding legal signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state Uniform Electronic Transactions Acts (UETA).

Tri-a-Little is solely a digital logbook, tracking platform, and community engagement interface. You expressly acknowledge and agree that:

• The Platform, its creators, founders, developers, administrators, organizers, and operating entities (collectively, the "Platform Operators") provide only software for self-reporting physical activity.
• The Platform Operators are not sports organizers, medical providers, personal trainers, athletic coaches, or event managers.
• The Platform does not host, manage, organize, inspect, monitor, or sanction physical events, courses, routes, facilities, or gatherings.
• All physical activities logged on the Platform (including swimming, cycling, running, rowing, and strength training) are performed entirely independently, asynchronously, and at the sole discretion and risk of the User.

You understand that engaging in multi-sport athletic activities carries inherent risks of severe physical harm, permanent disability, or death. You expressly, voluntarily, and knowingly assume all risks associated with your participation in any activities logged on or connected with the Platform, including but not limited to:

• Physical Hazards: Overexertion, cardiac arrest, heat illness, dehydration, muscle tears, bone fractures, hyponatremia, and exacerbation of pre-existing medical conditions.
• Environmental & Course Hazards: Imperfections in road or trail surfaces, unpredictable weather, extreme temperatures, vehicular traffic, collisions with pedestrians, animals, or objects, open-water hazards (drowning, currents, wildlife, pollution), and pool hazards.
• Equipment Failure: Malfunction, improper setup, or failure of bicycles, footwear, swim gear, rowers, weights, or tracking hardware/software.
• Lack of Supervision & Emergency Services: The absence of lifeguards, medical personnel, traffic control, route marshals, or emergency assistance provided by the Platform Operators.

You acknowledge that these risks may result from your own actions, the actions or omissions of third parties, or the ordinary negligence of the Platform Operators. YOU FREELY AND VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS.

The Platform does not provide medical advice. Content on the Platform, including effort tiers (“Just Tri-ing,” “Tri-a-Little,” “Tri-a-Lot”), is for motivational and tracking purposes only and does not constitute personalized exercise prescriptions.

By accepting this Agreement, you explicitly represent and warrant that:

• You are at least 18 years of age (or the legal age of majority in your jurisdiction). The Platform is strictly intended for adult participants.
• You are in good physical health and have sufficient athletic condition to safely participate in multi-sport physical activities.
• You have either consulted with a licensed medical professional prior to commencing these activities or have knowingly chosen to waive medical consultation, assuming full legal responsibility for that decision.
• You will immediately cease physical activity if you experience distress, dizziness, pain, or shortness of breath.

To the maximum extent permitted by applicable law, you hereby FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Platform Operators, site creators, software developers, domain holders, event sponsors, and their respective heirs, agents, officers, members, and assigns (collectively, the “Released Parties”) from any and all liabilities, claims, demands, actions, causes of action, damages, losses, costs, or legal fees arising out of or related to:

• Any personal injury, illness, permanent disability, or death sustained by you;
• Any loss of or damage to personal property (including bicycles, wearable tech, and gear);
• Any actions, claims, or demands resulting from your use of the Platform or participation in self-directed challenges;

WHETHER CAUSED BY THE ORDINARY, ACTIVE, OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES.

This release does NOT apply to, and nothing in this Agreement waives, any claim arising from the Released Parties’ gross negligence, recklessness, willful misconduct, or intentional acts, to the extent such a waiver is prohibited by applicable law.

If a court of competent jurisdiction finds any portion of this release unenforceable as to a particular claim, the remainder of this release shall remain in full force as to all other claims, and this Agreement shall otherwise be construed as an assumption-of-risk and indemnification agreement to the fullest extent permitted by law.

You agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, damages, losses, judgments, awards, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your breach of this Agreement;
• Your participation in any physical activities associated with the Platform;
• Your violation of any local, state, or federal laws, including traffic and trespass laws;
• Any injury or property damage caused by you to a third party while performing activities logged on the Platform.

The Platform may permit you to upload workout proofs, photos, usernames, and activity metrics. By submitting content to the Platform, you grant the Platform Operators a non-exclusive, worldwide, royalty-free, perpetual license to display, reproduce, modify, and distribute such content solely for operating, promoting, and maintaining the Platform leaderboard and community features.

You warrant that any photos or proofs uploaded do not violate third-party rights, privacy, or safety laws, and do not depict dangerous or illegal acts. You may request removal of your uploaded content by contacting the Platform Operators; removal does not affect any prior display or distribution that occurred before the request.

The Platform collects and stores certain personal information, including your name, email address, User ID, IP address, account timestamps, and uploaded media, as detailed in the separate Tri-a-Little Privacy Policy. By creating an account or using the Platform, you consent to such collection, storage, and processing for audit compliance and platform functionality.

THE PLATFORM AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

The Platform Operators do not warrant that the Platform will be error-free, uninterrupted, secure, or that activity data/leaderboards will be 100% accurate or preserved without loss.

The Platform Operators reserve the right to modify or update this Agreement at any time. When updates occur, the “Last Updated” date at the top of this document will be revised, and active users will be prompted to review and accept the updated terms upon their next login or submission. Continued access to or use of the Platform following notification of updated terms constitutes acceptance of those changes.

The Platform Operators reserve the right, in their sole discretion, to suspend, disable, or terminate any user account, or remove any uploaded content, at any time and without prior notice, if a user violates this Agreement, engages in unsafe or unsportsmanlike behavior, or operates the Platform in a manner that creates legal or operational exposure for the Released Parties.

A. Governing Law & Venue: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, without giving effect to conflict-of-law principles. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Platform shall be instituted exclusively in the state or federal courts located in Maricopa County, Arizona.

B. Informal Resolution Notice: Prior to initiating any formal legal proceeding, you agree to send a written “Dispute Notice” to support@tri-a-little.com. The notice must include your account username, a description of the issue, and your desired resolution. Both parties agree to negotiate in good faith for a period of thirty (30) days following receipt of the notice before initiating court proceedings.

C. Class Action and Jury Trial Waiver:

PLEASE READ THIS SECTION CAREFULLY. IT DIRECTLY AFFECTS YOUR LEGAL RIGHTS REGARDING HOW DISPUTES ARE RESOLVED.

YOU AND THE PLATFORM OPERATORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

YOU AND THE PLATFORM OPERATORS HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR ANY ACTIVITIES LOGGED ON THE PLATFORM.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. This document, together with the Privacy Policy, constitutes the entire agreement between you and the Platform Operators regarding liability and platform usage.

BY CREATING AN ACCOUNT OR LOGGING ACTIVITIES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES), AND ACCEPT IT FREELY, VOLUNTARILY, AND WITHOUT ANY INDUCEMENT OR DURESS.