Terms & Conditions | Machine Athletics

Sports Waiver

Machine Athletics LLC Athletic Waiver and Release of Liability

Important Notice:
Participation in athletic training and sports activities involves inherent risks, including but not limited to the risk of death, sports-related injuries, heart attacks, or other medical conditions. By signing this waiver, you acknowledge these risks and agree to release Machine Athletics LLC from liability.

I knowingly and freely assume all risks listed above, both known and unknown, and assume full responsibility for my participation.

Acknowledgment of Risks
I, the undersigned athlete, understand and acknowledge that:

Participation in athletic training and sports involves inherent risks, including serious injury, permanent disability, heart attacks, and death.
Risks include, but are not limited to, physical exertion, falls, collisions with other participants or equipment, weather conditions, and pre-existing medical conditions.
Machine Athletics LLC does not assume responsibility for these risks, and it is my responsibility to be aware of and accept them.

Practice Safety and Communication

If I am feeling unsure, unwell, or concerned during practice, I will immediately stop or vocalize my concerns to the coaching staff without pushing myself or exerting too much.
I understand that communication is vital for my safety and the safety of others during all training sessions.

Assumption of Responsibility

I voluntarily choose to participate in the training, exercises, and events provided by Machine Athletics LLC.
I assume full responsibility for my participation and any associated risks.

Physical Injuries During Practice

I understand that if I sustain an injury during practice that requires referral to a physician or the emergency room, my primary insurance will be utilized in its fullest to cover any associated costs.
I agree that I will not resume physical activity with Machine Athletics LLC until a physician’s clearance is communicated to Machine Athletics LLC, confirming that I am fit to return to training.

Sports Travel

I understand that if I choose to drive my own vehicle or am a passenger of a Machine Athletics LLC vehicle while traveling to and/or from any sporting event, I, for myself, assume full responsibility for any risks of loss, property damage, or personal injury, including death.
I hereby indemnify, release, and hold Machine Athletics LLC, its officials, coaches, medical staff, other facility employees (including maintenance and custodial staff), and other sport participants harmless with respect to any and all injury, disability, death, or loss or damage to person or property, to the fullest extent permitted by law.

Requirement for Medical Clearance

I understand that it is strongly recommended that I obtain a physical examination and/or a doctor’s note certifying my ability to safely participate in the activities provided by Machine Athletics LLC.
By signing this waiver, I confirm that I have no known medical conditions or concerns that would prevent me from safely participating, or I have received clearance from a medical professional to engage in these activities.

Waiver of Liability
In consideration of my participation in Machine Athletics LLC programs, I agree to the following:

I release, waive, and discharge Machine Athletics LLC, its employees, agents, contractors, and affiliates from any and all liability for personal injury, disability, death, property damage, or any other loss arising from my participation.
This waiver includes, but is not limited to, claims arising from negligence or carelessness on the part of Machine Athletics LLC or its staff.

Indemnification

I agree to indemnify and hold harmless Machine Athletics LLC from any and all claims, demands, or expenses (including legal fees) arising out of or related to my participation in the activities.

Emergency Medical Treatment

In the event of a medical emergency during participation, I authorize Machine Athletics LLC to seek medical treatment on my behalf if I am unable to provide consent.
I understand that I am responsible for any costs associated with emergency medical treatment.

Governing Law

This waiver and release of liability shall be governed by and construed in accordance with the laws of the state in which Machine Athletics LLC operates.

Acknowledgment and Signature
By signing below, I acknowledge that I have read, understood, and agreed to this waiver and release of liability. I am aware of the risks associated with participation and voluntarily accept them

I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate.

I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.

Membership Terms and Conditions

Welcome to Machine Athletics. By participating in our training programs and services, you agree to the following terms and conditions:

No-Show Policy Participants who fail to attend scheduled training sessions without prior notice will be considered a "no-show." No-shows will not be eligible for refunds or rescheduling for missed sessions. Repeated no-shows may result in termination from the training program at the discretion of Machine Athletics.

Acknowledgment of Policies

Opt-Out of Sessions

If the Athlete decides to opt out of a session or series of sessions for any reason:

The session(s) will be forfeited.
The Athlete will not be entitled to a refund or credit.
Opting out of sessions will not result in adjustments to the overall training program schedule or goals.

Exceptions to Policy

In cases of documented medical emergencies or severe circumstances beyond the Athlete’s control, Machine Athletics LLC may, at its sole discretion, evaluate the situation and determine whether to issue a credit or partial refund.
Such exceptions are granted at the sole discretion of Machine Athletics LLC and are not guaranteed.

Athlete Responsibility

The Athlete agrees to make every effort to attend all scheduled sessions and to communicate in advance if attendance will be impacted.
The Athlete understands that consistent attendance is critical to the success of the training program and their personal goals.

Deferral of Training

Participants who are unable to complete their training program due to unforeseen circumstances may request to defer their training.
Deferral requests must be made in writing and submitted at least one week prior to the next scheduled session.
Approved deferrals will allow participants to resume their program during a future training cycle within 12 months of the original start date.
An administrative fee may apply for processing deferral requests.
Deferrals are not guaranteed and will be granted at the discretion of Machine Athletics based on program availability and the participant’s circumstances. If the deferral is not granted, you will not be refunded and must complete training to the best of your abilities within the payment period.

Cancellation Policy

Cancellations must be made at least 24 hours before the scheduled session. Late cancellations may be subject to fees or forfeiture of the session.
If Machine Athletics cancels a session due to unforeseen circumstances, participants will be notified promptly, and the session will be rescheduled as applicable.

Tardiness Participants are expected to arrive on time for all sessions. Participants who arrive more than 10 minutes late may not be allowed to join the session, depending on the nature of the training. Late arrivals will not be eligible for refunds or rescheduling.

At-Will Termination Machine Athletics reserves the right to terminate a participant's involvement in the training program at any time, with or without cause. Reasons for termination may include but are not limited to:

Repeated no-shows or tardiness
Violation of program policies or guidelines
Disruptive or inappropriate behavior Participants terminated from the program will be notified in writing.

For at-will termination, you will not be refunded due to the nature of being "terminated".

Refund Policy & Credits

Machine Athletic memberships refund requests, must be made within 48 days of payment. Anything outside of 48 hours will not be refunded.
Refunds may be prorated or adjusted as "credit" for administrative errors, unused sessions, or other circumstances as determined by Machine Athletics.
Refunds will not be provided for no-shows, late cancellations, or sessions missed due to tardiness.

No Guarantee of Goal Achievement

The Athlete acknowledges that success in achieving their goals depends on consistent participation, effort, and adherence to the program. Machine Athletics LLC is not liable for unmet goals due to missed sessions or lack of participation.

Liability Waiver Participants acknowledge that training activities involve inherent risks, including but not limited to physical injury. By participating, you agree to assume all risks and release Machine Athletics from any liability arising from your participation.

Amendments to Terms Machine Athletics reserves the right to modify these terms and conditions at any time. Changes will be communicated to participants in writing.

The Athlete agrees to:
Follow all coaching feedback and direction provided by Machine Athletics coaches.
Actively participate in the prescribed training program and complete the outlined goals.
Maintain open and respectful communication with Machine Athletics coaches and staff.
Inform the coach of any concerns, limitations, or issues that may impact the ability to meet program expectations.
Represent Machine Athletics LLC in a positive and respectful manner at all times.

Performance Disclaimer:

Machine Athletics LLC is committed to helping athletes achieve their goals through high-quality coaching and training programs. However, Machine Athletics LLC is not liable for unmet goals resulting from:

Poor training habits, including failure to follow prescribed plans or engage fully in training sessions.
Disobedience to coaching feedback, directions, or strategies.
Any other failure to comply with the terms of this Contract.

Compliance and Commitment

Adherence to Feedback and Direction: The Athlete agrees to respect and implement the coaching advice, strategies, and adjustments provided.
Commitment to Goals: The Athlete will work diligently toward the agreed-upon goals and milestones set in the training program.
Accountability: The Athlete acknowledges that failure to comply with these expectations may negatively affect their progress and the team environment.

Non-Adherence Policy

Failure to adhere to the coaching feedback, direction, goals, or program will result in the following:

First Violation:

A written or verbal warning will be issued, outlining the specific instances of non-compliance and providing a plan for correction.

Second Violation:

A mandatory meeting with the Athlete and Machine Athletics staff to review the issues and establish a formal agreement for improvement.

Third Violation:

Termination of the Athlete's participation in the Machine Athletics program.

Refund Policy Upon Termination

If the Athlete's participation is terminated due to non-compliance:

No refund will be provided for completed sessions or services after 48 hours.
No Refunds for Unmet Goals:
The Athlete understands and agrees that not meeting goals will never result in a refund under any circumstances, regardless of effort, participation level, or external factors.

Waiver of Liability

The Athlete acknowledges that non-adherence to the program may result in less-than-optimal outcomes. Machine Athletics LLC shall not be held liable for any failure to achieve personal or professional goals as a result of the Athlete's non-compliance.

Governing Law

This Contract shall be governed by and construed in accordance with the laws of the state in which Machine Athletics LLC operates.

Termination at Will

Machine Athletics LLC reserves the right to terminate this Contract at will if the Athlete demonstrates consistent non-adherence to the terms outlined herein or engages in behavior deemed detrimental to the team environment.

Acknowledgment and Acceptance

By signing below, the Athlete agrees to comply with the expectations outlined in this Contract. The Athlete understands that failure to adhere to these terms may result in termination from the program without refund.

I understand that social events and group activities organized by Machine Athletics LLC are an extension of the organization’s mission to build community and enhance the athlete experience.
I agree to adhere to proper behavior and the guidelines established by Machine Athletics LLC during these events.
Any inappropriate or disruptive behavior, including but not limited to harassment, substance misuse, or actions contrary to the values of Machine Athletics LLC, may result in removal from the event or termination of participation in Machine Athletics programs.
I acknowledge that risks associated with social events, such as injuries or other incidents, are assumed by me, and I release Machine Athletics LLC from liability for any such occurrences.

NON-DISCLOSURE AGREEMENT (NDA)

This Non-Disclosure Agreement (the "Agreement") is entered into as of the date signed below by and between Machine Athletics (the "Disclosing Party") and the undersigned recipient (the "Receiving Party"). This Agreement governs the disclosure of confidential information by the Disclosing Party to the Receiving Party.

Proprietary Workouts and Materials

All training plans, workout routines, and other materials provided by Machine Athletics are proprietary and for the exclusive use of the participant. Sharing, copying, or distributing these materials is strictly prohibited.

Definition of Confidential Information "Confidential Information" refers to any data or information, oral or written, disclosed by the Disclosing Party to the Receiving Party, including but not limited to:

Business plans and strategies
Marketing materials and concepts
Training programs and methodologies
Athlete data, performance metrics, and personal information
Financial information, pricing, and fee structures
Trade secrets, proprietary information, and intellectual property
Practice workouts, including schedules and routines
Race announcements and details
Workout plans tailored to individuals or groups
Practice location details and logistics
Proprietary workout routines, techniques, and strategies
Any other information identified as confidential

Obligations of the Receiving Party The Receiving Party agrees to:

Maintain the confidentiality of the Confidential Information and not disclose it to any third party without prior written consent from the Disclosing Party.
Use the Confidential Information solely for the purpose of evaluating or conducting business with the Disclosing Party.
Protect the Confidential Information with the same degree of care as it uses to protect its own confidential and proprietary information, but in no event with less than reasonable care.

Exclusions from Confidential Information Confidential Information does not include information that:

Is or becomes publicly available without breach of this Agreement by the Receiving Party.
Was known to the Receiving Party prior to disclosure by the Disclosing Party.
Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
Is disclosed to the Receiving Party by a third party lawfully in possession of such information and without restriction on disclosure.

Term and Termination This Agreement shall remain in effect for a period of three (3) years from the date of disclosure of the Confidential Information. Upon termination of this Agreement, the Receiving Party shall promptly return or destroy all materials containing Confidential Information.

No Transfer of Rights This Agreement does not transfer any ownership or rights to the Confidential Information or grant the Receiving Party any license or rights under the Disclosing Party’s intellectual property.

Remedies The Receiving Party acknowledges that a breach of this Agreement may cause irreparable harm to the Disclosing Party for which monetary damages may not be sufficient. Therefore, the Disclosing Party shall be entitled to seek injunctive relief in addition to any other legal remedies.

Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state in which Machine Athletics operates.

Entire Agreement This Agreement constitutes the entire understanding between the parties concerning the subject matter and supersedes all prior discussions or agreements.

Amendments This Agreement may only be amended or modified by a written agreement signed by both parties.

Machine Athletics LLC

This Media and Release Form (the "Agreement") is entered into as of the date signed below by the individual participant (the "Participant") and Machine Athletics (the "Company"). By signing this form, the Participant grants the Company permission to use media captured during participation in Machine Athletics programs and events.

Permission to Use Media The Participant grants the Company the irrevocable right to record, photograph, film, or otherwise capture their image, voice, likeness, and/or performance during Machine Athletics programs, events, and activities (the "Media").

The Participant further authorizes the Company to use, reproduce, distribute, display, and create derivative works of the Media in any format (print, digital, video, etc.) for marketing, promotional, educational, or commercial purposes without compensation or further approval from the Participant.

Waiver of Rights The Participant waives any rights to royalties, licensing, or other compensation related to the use of the Media. The Participant also waives the right to inspect or approve the final products, including written or electronic copy, in which the Media may appear.

Release of Liability The Participant releases the Company, its employees, contractors, agents, affiliates, and successors from any liability arising from the use of the Media, including any claims of defamation, invasion of privacy, or rights of publicity.

Acknowledgment The Participant acknowledges that participation in Machine Athletics events is voluntary and that the Participant is not obligated to grant this release. The Participant also affirms that they are at least 18 years of age or have obtained parental or legal guardian consent.

Parent/Guardian Consent (if applicable) If the Participant is under the age of 18, this form must be signed by a parent or legal guardian. By signing, the parent or legal guardian consents to the terms outlined in this Agreement.

Duration This Agreement is perpetual and applies to all Media captured during the Participant's involvement with Machine Athletics, regardless of when or where it is used.

Governing Law This Agreement shall be governed by the laws of the state in which Machine Athletics operates

I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.