1. Assumption of Risk
I understand that participating in physical training, exercise, conditioning, rehabilitation, manual therapy, and related activities at MB Performance (Pacific Beach or East Village location) involves inherent risks of physical injury, including but not limited to muscle strains, sprains, fractures, joint injuries, cardiovascular events, heat-related illness, and in rare cases, serious injury or death. I voluntarily and knowingly assume all such risks, both known and unknown, that may arise from my participation.
2. Representation of Health
I represent that I am physically fit and have no medical condition, illness, injury, or disability that would prevent or impair my safe participation in training or therapeutic activities. I acknowledge that MB Performance is not a medical facility and that staff are not acting as my physician. I have been advised to consult with a physician prior to beginning any exercise or training program and have either done so or knowingly chosen not to.
3. Release of Liability
In consideration of being permitted to participate, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue MB Performance, MB Sports Medicine, their owners, trainers, athletic trainers, healthcare practitioners, employees, independent contractors, agents, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury — including death — that may be sustained while participating in any activity at, or service provided by, MB Performance.
4. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, or cost they may incur due to my participation, whether caused by the negligence of the Released Parties or otherwise.
5. Medical Treatment Authorization
In the event of an emergency, I authorize MB Performance staff to administer first aid and to call for emergency medical assistance on my behalf. I agree to be financially responsible for any medical care or transport rendered. I understand staff are not required to render medical care.
6. Photo & Video Release
I grant MB Performance permission to use any photograph or video taken of me during training or facility activities for marketing, social media, and promotional purposes. I understand I may revoke this consent in writing at any time.
7. Facility Rules & Conduct
I agree to follow all facility rules, posted guidelines, and instructions given by trainers and staff. I understand that failure to comply may result in immediate termination of my session or membership without refund.
8. Severability & Governing Law
If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. This agreement shall be governed by the laws of the State of California, and any disputes shall be resolved in the courts of San Diego County, California.
9. Acknowledgment
I have read this entire agreement, fully understand its terms, and understand that I am giving up substantial rights, including the right to sue. I sign this agreement freely and voluntarily, without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.