TERMS OF SERVICE, PRIVACY POLICY, AND LIABILITY WAIVER
MNTSTUDIO TERMS OF SERVICE & LIABILITY WAIVER
Last Updated: May 2026
Please read these Website (and Application) Standard Terms and Conditions (these “Terms”) carefully before using this Website, the MNTSTUDIO Mobile Application, utilizing any MNTSTUDIO Service, or checking into any studio location. By accessing, browsing, registering an account, purchasing services, or participating in any activities hosted by MNTSTUDIO, you expressly accept all terms, conditions, and policies contained herein in full force and effect. If you have any objection to any of these terms, you must not use this Platform, enter MNTSTUDIO premises, take any MNTSTUDIO class, participate in any MNTSTUDIO offering, or attend any MNTSTUDIO event.
1. DEFINITIONS AND SCOPE OF AGREEMENT
The Company: Refers to MNT Wellness Co. (DBA MNTSTUDIO), its owners, affiliates, officers, directors, employees, and independent contractors.
The Platform: Refers collectively to the website (www.mntstudio.co), the members-only portals, the MNTSTUDIO mobile application, and the integrated third-party backend database scheduling and point-of-sale frameworks (including but not limited to Mariana Tek, Brandbot/Xplor Growth, and NetGym).
Activities: Refers to all in-person and online offerings, including but not limited to athletic Reformer Pilates, MNT Signature, Advanced Reformer, Bootcamp (HIIT/Jumpboard), MNT Foundations, Contemporary Reformer, pre/post-natal (MNT Mamas) classes, heated and unheated Mat Pilates, infrared and red-light therapy sauna sessions, cold plunge sessions, community workspace (coworking), private/semi-private/trio/duet training sessions, special events, pop-ups, workshops, and wellness festivals.
Premises / Facilities: Refers to all brick-and-mortar physical layouts operated by the Company, including but not limited to San Francisco Marina (Union & Fillmore), Palo Alto, Burlingame, Mill Valley (including FitWise frameworks), and Mission Rock.
2. INTELLECTUAL PROPERTY RIGHTS & PLATFORM RESTRICTIONS
Other than content you own which you have opted to include, MNT Wellness Co. (DBA MNTSTUDIO) and/or its licensors own all rights to the intellectual property and material contained across the Platform, and all such rights are reserved. You are granted a limited, non-transferable license only for purposes of viewing material and managing your authorized bookings.
You are expressly and emphatically restricted from all of the following:
Publishing, reproducing, or duplicating any Platform material in any media without prior written consent.
Selling, sublicensing, commercializing, or using Platform materials for personal or commercial pecuniary gain.
Publicly performing, showing, or broadcasting any Platform material.
Using the Platform in any way that is, or may be, damaging to the infrastructure or impacts user access.
Engaging in any data mining, data harvesting, data extracting, or similar scraping activities.
Utilizing full-class filming or unconsented recording devices during studio sessions. While quick photos or short clips for personal social media use are permissible, full-class filming is strictly prohibited to protect client privacy and safety boundaries. Recording other clients, minors, or staff members without their explicit, prior consent is an express violation of these Terms.
Certain areas of this Platform are restricted from access, and MNT Wellness Co. may further restrict access to any areas of the Platform at any time, in its sole and absolute discretion, without prior notice or explanation.
3. USER ACCOUNT SECURITY & AGE RESTRICTIONS
To establish an active Platform profile, you must complete the registration process by providing current, complete, and accurate personal information. You are solely responsible for keeping your credentials confidential and are fully liable for all activities, bookings, and financial charges incurred under your username and password.
Minimum Age Requirement: The absolute minimum age to participate in any group class or studio activity is 14 years old. MNT “Teen” or “MNT Toddler'“ classes require a special waiver.
Minors Cadence Policy (Ages 14–16): Clients between the ages of 14 and 16 must be accompanied by a parent or legal guardian at all times. The parent/guardian must remain present in the studio lobby or actively take the class alongside the minor, and must execute a paper or digital Minor Liability Waiver form on-site. If capacity limits or staffing ratios cannot support minors on-site or in childcare, services will be immediately declined at the Company's sole discretion.
Minors Cadence Policy (Ages 17–18): Clients between the ages of 17 and 18 are permitted to attend group classes independently, provided that a parent or legal guardian has executed the official MNTSTUDIO Minor Liability Waiver form prior to attendance.
Discretionary Accommodations: Clients over the age of 75 are highly encouraged and may be required, at the Company's absolute discretion, to utilize private training sessions rather than group classes to preserve joint health and physical safety standards. The Company reserves the right to refuse service or bar platform access to any individual on medical, behavioral, or fitness grounds at any time without liability.
4. STRICT BOOKING, CANCELLATION, & LATE ARRIVAL POLICIES
All MNTSTUDIO services follow standardized, automated policy matrices designed to remove guesswork and maintain logistical consistency.
A. Group Class Cancellation Matrix
Group classes have a strict, non-negotiable 12-hour cancellation and change window.
Class Packages & Credit Memberships (4x/8x Tiers): Any cancellation or change executed less than 12 hours before the scheduled class start time will result in the immediate and permanent loss of that class credit.
Two-Week New Client Trials & Unlimited Membership Tiers: Cancellations or changes executed within the 12-hour window, or failure to attend ("No-Show"), will result in an automatic $25 late-cancel/no-show fee billed directly to the credit card on file.
Waitlist Bookings: Placing your name on a class waitlist constitutes a binding commitment identical to an active reservation. The Platform automatically promotes waitlisted clients into open slots up to 6 hours prior to the class start time. It is the client's sole responsibility to monitor their waitlist status and remove themselves if no longer available. If you are promoted into a class more than 12 hours in advance, standard cancellation parameters apply.
DISCRETIONARY DISCLOSURE: If a client is promoted from a waitlist after 10:00 PM exactly for an early morning class scheduled between 6:00 AM and 8:05 AM, the Company may, upon explicit request and as a conditional gesture, choose to refund the fee or restore the credit. This is an internal operational accommodation and does not establish a permanent entitlement for the client.
Third-Party Platforms (ClassPass, GymPass/Wellhub, Gable): Users accessing the studio via external integrations are bound to the policy matrix of their providing platform. To maintain cross-system liability protocols, all third-party users must create a parallel MNTSTUDIO account and execute the complete company waiver upon arrival. Failure to check in via both the third-party software and the physical front desk interface will result in a recorded No-Show and the assessment of platform penalties.
B. Private, Semi-Private, Trio, and Event cancellation
Private and Duet Training Sessions: All private appointments operate under a strict, mandatory 24-hour cancellation and change window. Any cancellation or reschedule request made less than 24 hours prior to the session will result in the immediate forfeiture of the entire session value with zero recourse or adjustment.
Special Events, Paid Pop-Ups, Workshops, and Specialty Profiles: Some studio events such as “Reset Ritual” operate under a strict 24-hour cancellation window for a full refund. Private event bookings require a 3-hour operational minimum billed at $400/hour. A strict 10-minute grace period is provided at the contracted end time; exceeding this window by even a fraction thereof will result in an automatic $200 overage fee per additional 30 minutes to cover guest cleanup and facility reset costs.
C. Hard Late Arrival Cutoff Policy
MNTSTUDIO enforces a absolute 10-minute late arrival cutoff for the physical safety of our clients and out of structural respect for class sequencing.
Returning clients will not be permitted to enter class after exactly 10 minutes have elapsed from the scheduled start time. At the 10-minute mark, the client will be locked out, marked as a No-Show, assessed the corresponding credit loss or $25 financial penalty, and their physical machine may be immediately released to standby or waitlisted clients.
First-Time Clients: First-time attendees must arrive at least 15 minutes prior to class to complete a required facility tour and reformer orientation setup with the instructor. First-time clients arriving after class start time will be denied entry to prevent form-based injuries and operational disruptions.
D. Class Attire & Grip Sock Mandate
For strict hygiene and safety stabilization on the Allegro 2 reformer carriages and MNT provided Mats, grip socks covering the entire foot are mandatory for all studio sessions. Clients arriving without grip socks will not be permitted onto the equipment. You may purchase grip socks from the retail shop to satisfy this requirement.
5. RECURRING MEMBERSHIPS: THE 30-DAY NOTICE & DISCRETIONARY DISCOUNTS
A. Non-Negotiable 30-Day Written Notice & $50 Termination Fee
All monthly recurring membership tiers auto-renew continuously on their designated billing dates.
To terminate an active recurring membership, the client must provide at least 30 days’ written notice sent exclusively via email to the designated studio tracking hub (e.g., marina@mntstudio.co, pa@mntstudio.co, mv@mntstudio.co, burlingame@mntstudio.co or missionrock@mntstudio.co). Oral notifications, text messages, phone calls, or in-person declarations do not constitute valid legal notice under any circumstances.
If your next automated billing cycle falls within the 30-day notice window, you will be billed one final time, and your membership privileges will remain active until the end of that final billing cycle.
A standard $50 membership termination charge applies to all members who established or renewed a membership contract after November 1st, 2024.
B. Membership Pauses, Holds, and Suspensions
Memberships may be paused or temporarily frozen for an official duration not to exceed 90 cumulative days per calendar year.
Each individual pause request triggers an automatic $25 freeze administrative fee. This fee will be waived only if the client provides explicit proof of a physical injury sustained directly while taking Pilates inside an MNTSTUDIO facility, or for long-term documented chronic conditions (e.g., cancer treatments), subject to final verification by the Studio Director.
MNT Mamas / Pregnancy Safe Exception: Pregnant members are permitted to pause their membership accounts for up to 90 days post-childbirth free of charge.
The Cancellation Freeze Trap Block: Clients are explicitly barred from utilizing an active freeze period to circumvent the 30-day notice requirement. If a client initiates a membership freeze and subsequently submits a cancellation request, the account must return to an active billing state, and one final standard monthly charge will be processed to satisfy the 30-day notice cycle contract.
C. Credit Expirations & Administrative Rollovers
Membership Credits: All monthly class membership credits (4x/8x plans) are strictly use-it-or-lose-it. Unused membership credits never roll over and can never be extended beyond the monthly cycle for any reason.
Class Packages: Class packages (5, 10, or 20-packs) carry a strict 6-month expiration date from the date of purchase. If credits expire, the client can request to roll over up to 5 unused credits into a newly purchased package of equal or greater value, subject to a mandatory $40 administrative rollover fee. No other extensions are permitted, saving zero-use cases under exclusive management review.
Activation Alignments: All package/membership activations, including multi-modality bundles (Pilates, Coworking, Sauna), activate immediately on the date of purchase. They do not activate on first use. The two exceptions are the New Client Introductory 2-Week Trial, which triggers on the date the client checks into their first physical class session, and a Founding Membership which triggers activation at Studio Grand Opening.
D. Unilateral Automation of Late-Cancel Courtesy Waivers
To ensure structural fairness and block client manipulation of staff, courtesy late-cancel waivers are hard-coded into the scheduling ecosystem.
Unlimited Plus plans receive 12 automated annual waives; standard Unlimited plans receive 3 automated annual waives; 4x/8x plans receive 1 manual annual waive upon explicit request.
Front desk employees are strictly barred from manually waiving fee logs or modifying these limits. Once your automated waives are exhausted, standard fee metrics apply with zero exception, regardless of underlying justification.
E. Corporate Taggings & Discretionary School Discounts
Corporate Tags: Client accounts flagged with a "Corporate Clients Tag" operate under specialized enterprise agreements. Front desk personnel cannot execute structural changes or cancellations on corporate profiles without explicit coordination with the General Manager or Ownership.
Discretionary Student Matrices: A 20% discount is authorized exclusively for active Stanford University students at the Palo Alto studio footprint on standard services. To qualify, students must submit verification from an official Stanford email domain along with a clear graduation date and matching physical student ID card. No other school districts, student groups, medical entities, or frontline healthcare profiles are eligible for pricing discounts.
Partner Entities: Corporate partner discounts (20%) are unlocked only if a minimum of 5 individual employees from the same firm purchase and continuously maintain active memberships. If active group volume falls below 5, the discount matrix is instantly terminated for all remaining group participants.
6. COMPREHENSIVE WAIVER OF LIABILITY & ASSUMPTION OF RISK
A. Physical Amenities & Modality Hazard Acknowledgements
By checking the Platform box, entering MNTSTUDIO facilities, or utilizing any company hardware, you acknowledge that you have read and are explicitly bound to this Comprehensive Waiver of Liability. You recognize that deep resistance training, athletic conditioning, extreme hot environments, extreme cold thermodynamic exposures, and high-density community gatherings carry inherent, non-eliminable risks of physical injury or medical emergencies.
You voluntarily accept these risks and assert that you are solely responsible for checking into environments appropriate for your health, skill, and physical tolerance thresholds. You assume full liability for the following hazards:
Allegro 2 Reformer & Mat Pilates Conditioning: Risks include overexertion, improper or negligent carriage control, muscle tears, ligament ruptures, joint subluxations, structural spinal damage, abnormal blood pressure fluctuations, dizziness, fainting, or acute myocardial infarction resulting from rapid, full-body metabolic demands or hands-on structural form adjustments by trainers.
Infrared Red-Light Therapy Sauna Sessions: Our infrared target systems deliver deep cellular thermodynamic heat at default levels of 140°F–150°F. Prolonged thermal exposure carries severe risks of rapid dehydration, heat exhaustion, hyperthermia, heat stroke, blood pressure drops, or adverse physiological device interactions.
Absolute Contraindications: Sauna use is strictly barred for individuals with unmanaged cardiovascular conditions, histories of stroke, structural implants/medical devices (e.g., pacemakers, silicone elements that react abnormally to thermal thresholds), or during active pregnancy.
Cryotherapy Cold Plunge Systems: Cold plunge baths operate at deep shock temperatures calibrated between 50°F and 59°F. Extreme cold exposure triggers an instantaneous, violent autonomic nervous system reaction, including the cold shock gasp reflex, hyperventilation, acute vascular constriction, and rapid heart rate shifts.
Absolute Contraindications: Cold plunging is strictly prohibited for individuals suffering from severe hypertension, Raynaud's disease, cold urticaria, or respiratory patterns hypersensitive to immediate thermal shocks. You agree to never plunge alone if you are a novice user and to limit immersion strictly to a 2-to-5-minute threshold.
B. Definitive Pregnancy & Post-20 Week Modality Mandates
Clients are required to disclose their pregnancy status to studio front desk personnel and instructional staff prior to booking any activity.
High-intensity interval options (MNT Bootcamp) and thermal environments (Heated Mat Pilates) are strictly counter-indicated and not recommended for pregnant individuals.
The 20-Week Structural Threshold Rule: Once a pregnant client reaches the 20-week gestational threshold, they are strictly prohibited from entering standard group reformer classes unless they have first completed a specialized Prenatal Orientation Private Session or two dedicated MNT Mamas classes. This mandatory staging teaches the client critical, non-negotiable form modifications required to ensure safety. Following this orientation sequence, the client may return to standard group formats, assuming full personal liability for executing proper modifications throughout the session.
C. Total Unilateral Indemnification & Release Covenant
In full consideration of being permitted access to MNTSTUDIO facilities, services, and digital material, you knowingly, voluntarily, and expressly waive any and all legal Claims (including claims for personal injury, mental suffering, permanent disability, death, or severe property damage) that you, your estate, your next of kin, or your unborn children may sustain as a direct or indirect result of facility use or activity participation.
You agree to indemnify, defend, and hold completely harmless MNT Wellness Co. (DBA MNTSTUDIO), its owners, executive leadership, landlords, and staff from any loss, cost, liability, or attorney's fees incurred in defending any legal action brought by you or on your behalf, even if the underlying claim arises directly from the standard carelessness, omission, or active negligence of the Company or any Released Party.
D. Retail Return Policy: All Sales Final
MNTSTUDIO operates under a strict, non-negotiable All Sales Final policy on all transactions.
There are no refunds, returns, or cash redemptions for any service, class pack, event ticket, or retail item purchased online or in-studio.
Discretionary Exceptions: Structural exceptions are permitted exclusively for defective apparel items (e.g., grip socks experiencing material fraying or structural holes within 1–2 initial uses), which may be exchanged for identical inventory replacements. The General Manager and Executive Ownership retain exclusive, additional authority to evaluate rare, extenuating parameters on an isolated basis.
7. NO WARRANTIES & GENERAL LEGAL PROVISIONS
"As-Is" Provision: This Platform, its integrated applications, and all studio amenities are provided on an "As-Is" basis with all visible and hidden faults. The Company makes no express or implied legal warranties or representations regarding continuous uptime, system availability, or fitness for specific physical outcomes.
Severability: If any provision, clause, or sub-section of these Terms is found to be unenforceable, invalid, or illegal under any applicable local, state, or federal statutory law, such invalidity shall apply strictly to that micro-clause and shall not render these remaining Terms invalid as a whole.
Discretionary Variation of Terms: MNT Wellness Co. (DBA MNTSTUDIO) reserves the unilateral right to revise, edit, rewrite, or update these Terms, pricing schedules, class formats, operational hours, and facility rules at any time as it sees fit without prior notice or client consent. It is your sole responsibility to review these Terms on a regular basis.
Governing Law & Exclusive Jurisdiction: These Terms, along with any internal operational disputes or injury claims, will be governed by, construed, and enforced strictly in accordance with the substantive laws of the State of California. You submit to the exclusive, non-delegable jurisdiction of the state and federal courts located within California for the resolution of any legal disputes.
🚨 MANDATORY USER ACKNOWLEDGMENT (CLICK BOX TO PROCEED)
By checking the confirmation box, purchasing an MNT package, enrolling online, or accessing any MNTSTUDIO facility, you certify under penalty of perjury that you are at least 18 years of age (or have had a parent/guardian execute this document on-site), that you have read this agreement in its entirety, and that you completely and voluntarily surrender substantial legal rights, including your right to sue MNT Wellness Co. or its staff under any standard theory of operational liability or negligence.
PRIVACY POLICY
Updated March, 2026
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://mntstudio.co (the “Site”).
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
Likewise when you submit a website form or schedule an appointment with us through the Site, we collect certain information from you, including your name and email address. We refer to this information as “Scheduling Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking about Device Information, Order Information, and Scheduling Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We may also use this data to show you online advertisements on platforms such as Facebook, Instagram and Google from our business.
We use the Scheduling Information that we collect to make appointments or class sign-ups for you in our studio scheduling software. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use MARIANA TEK to power our class scheduling. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here.
SMS/Text Messaging opt-in will not be shared with any third party not directly affiliated with MNTSTUDIO or it’s parent company and subsidiaries.
Additionally, we may provide your Personal Information to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: payment processors, web analytics companies, advertising networks, and email marketing service providers.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising at these location:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, to the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@mntstudio.co or by mail using the details provided below:
3400 Cottage Way, Ste G2 #21316, Sacramento , California 95825
If Participating in Pilates in the Park in Mission Rock, the Below Waiver Applies:
I acknowledge that I am (as applicable, my child is) voluntarily participating in a class (the “Activity”) with Mission Rock Commons, Inc., a Delaware non-stock corporation (“MRC”) at China Basin Park (“Venue”) on any day that the activity is provided.
2. I AM AWARE THAT I AM (AS APPLICABLE, MY CHILD IS) PARTICIPATING IN AN ACTIVITY THAT COULD POTENTIALLY BE HAZARDOUS AND INVOLVES INHERENT RISKS INJURY AND/OR DEATH AND (e.g. STRENUOUS MOVEMENTS, STRAINS, SPRAINS, FRACTURES, INJURIES INVOLVING OTHER PARTICIPANTS ) OR CAUSE PROPERTY DAMAGE. I UNDERSTAND THAT THERE IS NO GUARANTEE THAT THE VENUE IS FREE OF DEFECTS. I UNDERSTAND THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS IN THE ACTIVITY. I AM (AS APPLICABLE, MY CHILD IS) VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED TO ME (OR MY CHILD) AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY TO ME (OR MY CHILD) AND RISKS OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN MEDICAL EXPENSES (AND THOSE OF MY CHILD) OF EVERY KIND IN THE EVENT OF INJURY. I REPRESENT THAT I AM AND/OR MY CHILD IS PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITY. I AM NOT AWARE OF ANY MEDICAL CONDITION THAT SHOULD PREVENT ME OR MY CHILD FROM PARTICIPATING OR WOULD RESULT IN INCREASED HEALTH RISK RELATING TO MY OR MY CHILD’S PARTICIPATION, AND THAT I AND/OR MY CHILD HAVE BEEN CLEARED BY A PHYSICIAN TO PARTICIPATE IN THE ACTIVITY. I UNDERSTAND AND AGREE THAT I MUST NOT PARTICIPATE IN THE ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL AND DRUGS.
3. In consideration for being permitted by the MRC to participate in the Activity and to use its facilities, I hereby agree for myself/my child that I, my assignees, heirs, distributees, guardians, and legal representatives (and those of my child) will not make a claim against, sue, or attach the property of the MRC, San Francisco Baseball Associates LLC, San Francisco Giants Baseball Club LLC, China Basin Ballpark Company LLC, Tishman Speyer Properties, L.P., Mission Rock Partners LLC, or any of its or their members, parents, affiliates, subsidiaries, representatives, employees or contractors or any of the partners, members, representatives, employees or contractors of any such affiliate (all of the foregoing hereinafter referred to as the “Released Parties”) for any injury or damage resulting from the negligence or other acts, howsoever caused, by the Released Parties as a result of my or my child’s participation in the Activity. I, on behalf of myself/my child, hereby release each of the Released Parties from all actions, claims, or demands that I/my child, my/my child’s assignees, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from my/my child’s participation in the Activity. I further agree to indemnify, defend, and hold harmless the Released Parties from any loss liability, cost, claim and/or damages arising from my and/or my child's participation in the Activity, including, but not limited to, reasonable attorney’s fees.
4. COMMUNICABLE DISEASE ASSUMPTION OF RISK AND RELEASE OF LIABILITY. Without limitation to any other section herein, this section is an acknowledgement and express assumption of risk and release of liability in any way related to me/my child being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with my/my child’s participation in the Activity and/or my/my child’s presence at the Venue. By participating in the Activity and/or being present at the Venue, I acknowledge and expressly assume the risk that I/my child may be exposed to Communicable Disease. I expressly understand that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease. I further acknowledge and understand that my/my child’s interaction with Released Parties staff, participants and any other individuals present at the Venue poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that I/my child will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Activity and/or being present at the Venue are risks that cannot be eliminated. If infected with Communicable Disease, I acknowledge and understand that I/my child may subsequently infect others, even if I/my child don’t experience or display any symptoms. In connection with the foregoing, I agree that I/my child will not participate in the Activity or be present at the Venue if, within fourteen (14) days preceding the Activity, I/my child (i) tested positive or presumptively positive for Communicable Disease or was identified as a potential carrier of Communicable Disease, (ii) experienced any symptoms commonly associated with Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (iii) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” Advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”) and/or (iv) was in direct contact with or the immediate vicinity of any person who is either confirmed or suspected of being infected with Communicable Disease or who has traveled to a Prohibited Country within fourteen (14) days preceding my/my child’s encounter with such person. I further agree that I/my child will submit to any health screening and/or Communicable Disease testing that may be required as a condition of my/my child’s participation in the Activity and/or presence at the Venue.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE RELEASED PARTIES FOR, AND RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE BY ME/MY CHILD OR ANY OTHER INDIVIDUAL INFECTED BY ME/MY CHILD, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITY AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.
5. I FURTHER ACKNOWLEDGE AND AGREE THAT I AM FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
6. I authorize the Released Parties to photograph, videotape or use any other mechanical means of recording or reproducing images and to use my/my child’s likeness. I also acknowledge and hereby grant to Released Parties the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, my/my child’s name, photograph, or any other likeness and/or biographical information I/my child may provide, and any statement I/my child have made or may make concerning Released Parties in any and all media now known or hereafter invented, in perpetuity, for the purpose of trade, promotion and/or otherwise without notification, compensation or additional consideration, except where prohibited by law.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND MRC (ON BEHALF OF THE RELEASED PARTIES), AND SIGN/AGREE BY CLICKING THE BUTTON ON MY OWN FREE WILL.