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Membership Terms

Last Modified June 16, 2022

MASTERMIND MEMBERSHIP TERMS

These Mastermind Sports Performance Training (“Mastermind”) terms govern your membership. By enrolling in the Mastermind program, you agree to these terms:

Services.

Mastermind will provide the cognitive sports training program (“Program”) to you for the number of sessions in which you enroll (minimum 10 sessions). The Program will include the specified number of home sessions which you can participate in via a mobile application on your tablet.

Your Obligations.

1. You have represented to us that you are in reasonably good health and able to safely participate in the physical exercises contained in the Program. If you feel unsafe or experience physical discomfort or pain at any point during a session or prior to the conclusion of the full number of sessions, you will immediately notify your Mastermind coach.

2. You will notify us a minimum of 24 hours prior to any session cancellation. Sessions cancelled or missed with less than 24 hours’ advanced notice cannot be rebooked without an additional charge.

3. For best results, you will comply with our recommendations for participation in home sessions in addition to our facility-based Program sessions. You have represented that you have access to an Apple or Android tablet or equivalent device that will allow you to operate the required technology. Use of these technologies will require your agreement to terms and conditions of third-party applications.

4. All tablet-based programs made available to you for home sessions are for your personal use only. You agree that you will not share these programs with others who are not enrolled in the Mastermind Program.

Fees.

You will pay Mastermind the Program fee listed below. An initial deposit is due at the time of enrollment, and the remaining balance is due at your first session. Your Assessment Fee will be credited against the Mastermind Program fee.

Additional Sessions.

If you opt to add additional sessions after 16 sessions, you will qualify for a special per session pricing. Our pricing for these additional sessions is subject to change from time to time. We will give you at least 30 days prior notice of any price changes.

No Guaranty.

We do not guarantee your results.

Choice of Law and Forum.

This Agreement and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Illinois and any claim or issue shall be brought in the state or federal courts in Chicago, Illinois.

Waiver of Jury Trial.

You agree to irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including your participation in the Program.

Waiver and Release of Liability.

You are aware that the Program involves physical movement including balance exercises, agility ladder exercises, strength exercises including push-ups, sit-ups, and lateral sprinting, and involves use of a virtual reality-based technology including glasses that generate a strobing effect. Some participants find the virtual reality technology causes disorientation or dizziness. Anyone with a pre-existing history of seizures or adverse reaction to strobing lights should consult with their physician before participating. You understand that Mastermind is unable to confirm that the Program is safe for you or that you have sufficient physical condition to safely participate in it.

If you have any condition which might be triggered or exacerbated by any part of the Program, including but not limited to a seizure disorder, limited range of motion, physical injury, or balance issues, you will discuss participation with your doctor before enrolling.

You are voluntarily participating in the Program with full knowledge of the risk that participating in the Program could result in the risk of physical injury or death resulting from your participation in the Program. You hereby assume the risk of your injury or death resulting from your participation.

You, for yourself and your successors, forever waive, release, and discharge Mastermind and its shareholders, officers, directors, employees, and all such persons at any related companies, together with their successors and assigns, from any and all past, present and future actions, claims, demands, damages and costs, including attorneys’ fees and medical bills, known and unknown, including any claims based on any actual or alleged negligence of any released party, or based on your death, disability, personal injury, or property damage arising from or related in any way to your participation in the Program.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AGREE TO ALL TERMS OF THIS AGREEMENT.