Liability waiver and assumption of risk

1. Acknowledgement of inherent sports risk

Athletic training and sports instruction carry inherent risks of physical injury, including but not limited to: muscle strains and sprains, joint injuries, fractures, concussions, overuse injuries, cardiovascular events, and other conditions associated with physical exertion. These risks exist regardless of the skill level of the athlete or the care taken by the mentor.

Virtual sessions carry their own risks — following physical instruction delivered remotely without a supervising adult present may increase risk of improper form, overexertion, or environmental hazards in the athlete’s training space.

2. Assumption of risk

By accepting this Waiver — or, for a minor athlete, by a parent or guardian accepting on their behalf — the athlete (or parent/guardian) voluntarily assumes all known and unknown risks of injury arising from participation in athletic training and instruction facilitated through Menty, including risks that arise from the mentor’s instruction, the athlete’s own physical condition, the training environment, and equipment used. This assumption of risk is intended to be as broad as permitted by applicable law.

3. Mentor’s instructional role

The mentor’s role on Menty is instructional. The mentor provides guidance, technique feedback, program structure, and encouragement — they do not physically supervise every training repetition the athlete performs, particularly in virtual sessions.

The athlete is responsible for their own physical readiness for each session, for using appropriate equipment and a safe training space, for modifying or stopping any exercise that causes pain or discomfort, and for following the advice of their own physicians regarding participation in athletic activity.

4. Medical disclosure

You represent that the athlete is in adequate physical condition to participate in the athletic activities described in the program or session booked. If the athlete has any medical condition, prior injury, or physical limitation that may affect their ability to safely participate, you are strongly encouraged to disclose this to the mentor before the first session and to consult with a qualified physician before beginning training.

Menty and its mentors are not medical providers. Nothing communicated through the platform constitutes medical advice, diagnosis, or treatment.

5. Release of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY ACCEPTING THIS WAIVER (OR, FOR A MINOR ATHLETE, BY A PARENT OR GUARDIAN ACCEPTING ON THEIR BEHALF), THE ATHLETE AND THEIR HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, “RELEASORS”) RELEASE AND HOLD HARMLESS MENTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND THE MENTOR, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES ARISING FROM OR RELATED TO PARTICIPATION IN ATHLETIC TRAINING AND INSTRUCTION FACILITATED THROUGH THE MENTY PLATFORM, INCLUDING CLAIMS FOR PERSONAL INJURY.

THIS RELEASE DOES NOT APPLY TO: (a) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY MENTY OR THE MENTOR; (b) CLAIMS THAT CANNOT BE WAIVED BY APPLICABLE LAW, INCLUDING ANY RIGHTS OF A MINOR THAT CANNOT BE WAIVED BY A PARENT UNDER STATE LAW; OR (c) CLAIMS ARISING FROM THE MENTOR’S INTENTIONAL HARMFUL CONDUCT.

[TODO LAWYER REVIEW — scope of release] Counsel must review this section for enforceability in each state where Menty operates. Many states — including California and New York — will not enforce parental waivers of a minor’s right to sue for negligence. This waiver still has documentary value (evidence of risk awareness) in those states but is not a full release. Counsel must advise on state-specific language and whether to include a severability clause specific to this section.

6. Minor athletes — parent signature

If the athlete is under 18 years of age, this Waiver must be accepted by the athlete’s parent or legal guardian. By accepting this Waiver, the parent or guardian represents that they have authority to act on the minor’s behalf and, to the extent permitted by applicable law, accepts all terms on the minor’s behalf.

Athletes between 13 and 17 who are capable of understanding this Waiver are encouraged to read it alongside their parent or guardian before accepting. Their assent does not substitute for parental acceptance but is an additional record of awareness.

7. Per-program vs. per-session scope

V1 of the Menty platform captures this Waiver once per program enrollment and once per standalone session booking with a new mentor. It covers all sessions delivered within that program or ongoing relationship with that mentor.

Menty records the acceptance timestamp, IP address, account ID, and document version at the time of signature. A parent or guardian signing for a minor is recorded as the signer with the minor identified as the beneficiary.

8. Governing law and severability

This Waiver is governed by the laws of the State of [STATE — TODO LAWYER REVIEW], without regard to conflict-of-law principles.

If any provision of this Waiver is found unenforceable under applicable law — including the release clause in states that do not permit parental waivers of a minor’s negligence claims — that provision will be severed and the remaining provisions will continue in full force and effect. The documentary record of the acceptance will remain as evidence of awareness of risk regardless of enforceability of the release.