WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK.

PLEASE READ CAREFULLY — THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

1. ASSUMPTION OF RISK

I acknowledge that participation in physical exercise, training programs, and use of equipment at MB Performance SD involves inherent risks, including but not limited to:

• Serious bodily injury

• Disability

• Illness (including COVID-19 or other communicable diseases)

• Death

I voluntarily assume all risks, both known and unknown, associated with my participation and/or my minor child(ren)’s participation in any activities, programs, or use of facilities at MB Performance SD.

2. RELEASE OF LIABILITY

To the fullest extent permitted by California law, I, on behalf of myself, my minor child(ren), my heirs, assigns, and representatives, hereby:

• Waive

• Release

• Discharge

• Covenant not to sue

MB Performance SD, its owners, employees, independent contractors, trainers, agents, representatives, and affiliates from any and all claims, demands, damages, or causes of action arising out of or related to participation in any activities or use of the facility.

This includes, without limitation, claims arising from:

• Negligence

• Equipment malfunction

• Training or instruction

• Facility conditions

• Participation in any class, program, or event

3. HEALTH ACKNOWLEDGMENT

I acknowledge that:

• I am physically capable of participating in exercise activities

• I have not been advised otherwise by a qualified medical professional

• I understand it is my responsibility to consult a physician prior to beginning any exercise program

I understand that:

• Exercise can be strenuous and carries risk

• I am responsible for monitoring my own condition during activity

• I will stop immediately if I experience pain, dizziness, or discomfort

4. SUPPLEMENTS, NUTRITION, AND PERFORMANCE RESOURCES

I understand that any discussions, recommendations, or information related to:

• Nutrition

• Supplements

• Recovery modalities

• Performance optimization

are for informational purposes only and are not medical advice.

I agree that I am solely responsible for:

• Any dietary or supplement decisions

• Consulting with a qualified healthcare provider prior to making changes

5. FACILITY USE AND PROPERTY

I understand and agree that:

• Use of equipment and facilities is at my own risk

• MB Performance SD is not responsible for lost, stolen, or damaged personal property

• I assume all risks associated with entering, exiting, and using the premises

6. ILLNESS AND COMMUNICABLE DISEASES

I acknowledge the contagious nature of illnesses, including COVID-19, and voluntarily assume the risk of exposure.

I agree that MB Performance SD shall not be held liable for any illness, infection, or related complications that may occur before, during, or after participation.

7. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless MB Performance SD and its owners, employees, contractors, and affiliates from any and all claims, damages, or expenses arising from my participation or actions.

8. MEDIA RELEASE

I grant MB Performance SD permission to use my name, image, likeness, or voice in:

• Photos

• Videos

• Marketing materials

for promotional and commercial purposes without compensation.

9. SEVERABILITY

If any portion of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. ELECTRONIC SIGNATURE AGREEMENT

I understand that this agreement is executed electronically and is intended to be as legally binding as a handwritten signature.

11. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY IN FULL.

I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY.

MARKETING & COMMUNICATION CONSENT

I agree to receive communications from MB Performance SD, including:

• Appointment reminders

• Gym updates and announcements

• Performance, recovery, and wellness resources

• Promotional offers and discounts

I understand that these communications may be sent via:

• Email

• Text message

I understand that I can opt out at any time by following the unsubscribe instructions or contacting MB Performance SD directly.