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MPS Updated Rules Acknowledgement and Waiver

PART I: Updated Rules for Socially Distanced Limited Capacity Obstacle Training


1. Maximum capacity is currently 12 people, to align with Alameda County's outdoor fitness guidelines.

2. Social distancing MUST be practiced at all times.

3. Masks are REQUIRED. Gloves are highly recommended.

4. In addition to our current schedule, we are also taking weekday reservations. Please contact us with the date and time you'd like to attend.

5. All clients must sign-up in advance. There will be no-onsite transactions or reservations at this time.

6. Canopies are closed. Please try and limit the amount of personal items you bring with you.

7. The course is divided into zones, that clients will rotate through during the session in order to further enforce social distancing standards and eliminate sharing of equipment.

8. Obstacles will be cleaned between uses following CDC guidelines for cleaning outdoor equipment.

9. All clients must agree to our new updated waiver terms listed below at time of booking. 


UPDATED WAIVER BELOW


PART II: STANDARD WAIVER FOR PARTICIPATION

In consideration of being allowed to participate in Mission Peak Spartan's ("MPS") SGX (Spartan Group Exercise) programs both in person and online; exercise and use of gym equipment -- inclusive of free weights, TRX, and weight machines - obstacle course and its elements -- inclusive of ropes, tires, walls, and spears, along with related fitness training and/or activities, I acknowledge and agree that:

1. The risk of injury and/or death from the activities involved in MPS SGX is significant including, but not limited to the following: (i) sprains; (ii) strains; (iii) fractures; (iv) heat and cold injuries; (v) over-use syndrome; (vi) accidents involving, but not limited to running, climbing, hiking; (vii) heart attack and (viii) the potential for permanent paralysis and/or death.While particular rules, equipment, and personal discipline may reduce this risk, the risk of death or serious injury does exist;

2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT RISKS OF PARTICIPATING IN MPS SGX, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation;

3. I voluntarily agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of any MPS coach;

4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE MISSION PEAK SPARTANS and their representatives, employees, as well as their independent contractors, volunteers, and if applicable, owners and lessors of the premises used to conduct MPS SGX activities (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, incurred by me in connection with participation in SGX activities. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by MPS.

5. I attest and verify that, unless otherwise indicated below, I am free from all illnesses, injuries and defects that could interfere with my safe participation and that I am physically fit and willing to participate in all activities associated with MPS SGX. My participation in activities and is entirely voluntary.

6. I consent to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment.

7. The Releasees reserve the right, in their sole and absolute discretion, to postpone, cancel, or modify MPS SGX scheduled activities due to weather conditions, Acts of God or other factors beyond the control of the Releasees that might affect the health and/or safety of the participants.

8. I irrevocably grant unlimited permission to Releasees, to use, reproduce, sell and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of me or of my participation in MPS SGX activity for any legitimate purpose in perpetuity and I understand that I shall not be entitled to any compensation therefore.

9. I hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as “I”, “me”, “my”) in MPS SGX activities and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate.


PART III: COVID-SPECIFIC UPDATE


WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate on behalf of Mission Peak Spartans and related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives

and next of kin, HEREBY RELEASE AND HOLD HARMLESS (insert name of sports organization) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.