Terms & Conditions

MMPT Participation & Platform Agreement

Assumption of Risk, Release of Liability, Indemnification, Covenant not to Sue, and Terms of Use Agreement

I (or the minor on whose behalf I sign) desire to participate in Athlete Assessments (defined below) conducted by Movement Medicine Physical Therapy, LLC ("MMPT", "we," "our," or "us") held at 1825 MacArthur Blvd NW and/or 2650 Pleasantdale Rd suite 9, Atlanta, GA 30340 (the "Property") and to access or use the Movement Medicine Player/Coach Dashboard (the "Dashboard"). In consideration for being permitted to participate in the Assessments and to use the Dashboard (collectively, the "Activities"), I hereby agree to all the terms of this Assumption of Risk, Release of Liability, Indemnification, Covenant not to Sue, and Terms of Use Agreement (the "Agreement").

Participation in Assessments.

Assessments. "Assessments" are athletic performance assessments conducted by MMPT, which may include physical performance testing, strength testing, motion capture analysis, force plate testing, isometric strength testing, mobility testing and evaluation, video and/or 3D motion capture, rapid or repetitive athletic movement, throwing/hitting or sport-specific actions, and other biomechanical or athletic performance testing and analysis. Based on the Assessments, we create objective performance and biomechanical data (collectively, "Performance Data") including, but not limited to: (i) force production metrics; (ii) isometric strength measurements; (iii) mobility and range of motion measurements; (iv) motion capture files (2D or 3D); (v) video analysis; (vi) comparative percentile rankings; (vii) algorithm-generated readiness classifications; and (viii) performance scoring outputs. MMPT adds the Performance Data to the Dashboard to provide, without limitation: (a) arm-care management data and analytics; (b) athlete readiness monitoring; (c) movement assessment profiles; (d) performance scoring reports; (e) biomechanical and strength analytics; and (f) data tracking and comparative tools. The Activities are intended solely for performance assessment and not for medical diagnosis or treatment; moreover, the Dashboard provides performance analytics and informational tools only. MMPT does not control or supervise any training activity and the services provided by MMPT are not intended to, and do not, create a provider-patient relationship. Any separately provided clinical or healthcare services are governed by separate documentation and legal requirements.

Motion Capture Data. Participant acknowledges and agrees that participation in Assessments may involve the collection and analysis of motion capture data, biomechanical measurements, and other physical performance metrics. By signing below, I expressly consent to the collection, storage, analysis, and use of such data for the purposes described in MMPT's Privacy Policy. I understand that this information may be processed using specialized performance analysis systems and may be used to generate analytical reports and performance metrics within the Dashboard.

Terms of Use of Dashboard. These Terms of Use govern use of the Dashboard. By signing below, whether as a player, a coach, or a parent, you agree to abide by these Terms of Use and understand that your continued access to the Dashboard is conditioned upon your doing so.

Limitations; Disclaimer of Warranties. The Dashboard is a general tool intended to assess and monitor athletic performance; it does not provide medical diagnosis, treatment, or any health recommendations. All users understand and agree that they should see a physician for the diagnosis or treatment of any injury or medical condition or for health recommendations. All information provided through the Dashboard, including without limitation performance scores, strength programs, throwing programs, and readiness classifications, are analytical tools designed as a general guide to inform a user's preparation to play baseball, softball, or other sports. No guarantee is provided that the information provided on the Dashboard will prevent any injury, guarantee a performance outcome, or affect a user's ability to qualify for a particular team or position.

No Guarantee of Platform Accuracy; Modification; Suspension; Disclaimer. MMPT strives to provide timely and accurate information, but does not guarantee the accuracy, completeness, or reliability of Dashboard analytics or outputs, nor guarantee uninterrupted or error-free operation of the Dashboard. MMPT can terminate access to the Dashboard when the relevant user agreement expires, for misuse, violation of these terms, or other reasons deemed reasonably necessary or appropriate by MMPT in its sole discretion. Users are responsible for maintaining the confidentiality of their login credentials and for all activity occurring under their account.

Intellectual Property. It is understood and agreed that all content on the Dashboard including, without limitation, text, photographs, images, artwork, software, proprietary scoring systems, readiness models, weighting methodologies, percentile structures, classification logic, reporting formats, software code, Dashboard architecture, and analytical frameworks are the exclusive intellectual property of MMPT ("MMPT Intellectual Property"), and that use of the Dashboard does not create ownership in the Dashboard, or in any other property or technology of MMPT, including without limitation its software, or derivative systems. All proprietary scoring systems, interpretive models, analytical frameworks, and Dashboard components are and will remain the sole and exclusive property of MMPT, as will all improvements, recalibrations, refinements, or enhancements to MMPT's proprietary scoring systems, however arising. Specifically, no user shall have any ownership in: (i) proprietary scoring algorithms; (ii) weighting systems; (iii) percentile structures; (iv) readiness classifications; (v) performance modeling logic; (vi) architecture; (vii) trade secret methodologies; (viii) Dashboard infrastructure; (ix) reporting formats; or (x) improvements or refinements to any of the foregoing. Users may not reproduce, distribute, publish, create derivative works or datasets from, transmit, reproduce, or distribute analytical reports or performance datasets nor may they scrape, download, aggregate, or otherwise utilize MMPT Intellectual Property, except as reasonably necessary for personal or team use consistent with the intended purpose of the Dashboard. Users are granted a limited, non-transferable, non-exclusive license to access the Dashboard for personal or team use so long as they are in compliance with these terms and conditions and other agreements governing the use of the Dashboard. Users may not and agree not to: (i) reverse engineer scoring systems; (ii) replicate proprietary weighting logic; (iii) extract percentile structures or thresholds; (iv) copy classification methodologies or frameworks; (v) use scoring logic or analytical frameworks outside of the Dashboard; or (vi) share login credentials or provide access to unauthorized users.

Training Decisions; Reliance; Return-to-Play Responsibility. I understand and agree that: (i) all decisions regarding undertaking the Activities, use of the Dashboard, extent and frequency of training, competition participation, workload, recovery, and return-to-play following injury are made solely by myself or my coaches, parents or guardians, trainers, or licensed medical providers, and not by MMPT; (ii) any reliance on assessment results, readiness classifications, or performance analytics is undertaken voluntarily and at my own risk; (iii) MMPT shall not be responsible for injuries resulting from training, throwing, or sports participation; and (iv) throwing injuries, including elbow and shoulder injuries such as UCL injuries, may occur as a result of cumulative throwing workload, participation on multiple teams, inadequate rest periods, or other factors outside the knowledge or control of MMPT. I further understand: (a) that any performance scores, readiness classifications, biomechanical reports, or analytical outputs generated during the Assessments or through the Dashboard are informational and analytical tools only; (b) that MMPT does not control or supervise training activity; (c) that MMPT does not prescribe training intensity or throwing workload; (d) that MMPT does not make return-to-play determinations; (e) that MMPT does not guarantee injury prevention, athletic performance improvement, or fitness outcomes; and (f) that overuse injuries, including elbow and shoulder injuries, may occur in throwing sports even when athletes follow appropriate training guidance.

Acknowledgment and Assumption of Risk. I desire (or the minor child on whose behalf I am signing desires) to participate in the Assessments and the Activities and to use the Dashboard. I acknowledge and understand that: (I) THE ASSESSMENTS INVOLVE STRENUOUS PHYSICAL ACTIVITY THAT POSES INHERENT RISKS, SOME OF WHICH CANNOT BE ANTICIPATED OR FORESEEN; (II) PARTICIPATION IN ANY ACTIVITY AND RECEIPT OF ANY SERVICES PROVIDED BY MMPT OR ITS PERSONNEL SUBJECTS ME (OR THE MINOR CHILD ON WHOSE BEHALF I SIGN) TO: (A) RISKS OF INJURY RANGING FROM MINOR INJURIES, INJURIES SUCH AS MUSCLE STRAINS, LIGAMENT INJURIES, JOINT INJURIES, AND FRACTURES, SERIOUS OR CATASTROPHIC BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, CONCUSSION, HEART ATTACK, STROKE, BROKEN BONES, MUSCULOSKELETAL INJURY, AGGRAVATION OF PRE-EXISTING CONDITIONS, MUSCLE STRAIN OR JOINT STRESS, FATIGUE, AND DEATH; (III) THERE ARE OTHER RISKS, LOSSES, AND/OR DAMAGES THAT MMPT IS NOT AWARE OF AT THIS TIME, OR THAT ARE NOT READILY FORESEEABLE; AND (IV) I VOLUNTARILY AND WILLINGLY ASSUME ALL RISKS INHERENT IN RELIANCE UPON THE DASHBOARD AND INFORMATION PROVIDED THEREIN. BY SIGNING AND INITIALING BELOW, I FREELY ASSUME THE ABOVE-MENTIONED RISKS, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF MMPT OR THE RELEASED PARTIES, AS WELL AS OTHER RISKS NOT LISTED, AND ANY HARM, INJURY, OR LOSS THAT MAY OCCUR TO ME AS A RESULT OF PARTICIPATION IN AN ASSESSMENT, AND I (OR THE MINOR CHILD ON WHOSE BEHALF I AM SIGNING) CONFIRM THAT I (OR SUCH MINOR CHILD) IS CAPABLE OF PARTICIPATING IN THE ASSESSMENTS.

Participant Initials: _______ or Parent or Legal Guardian Initials: _______

Medical Responsibility. I understand that: (a) performance scores and readiness classifications generated within the Dashboard are analytical tools; (b) they are not medical diagnoses; (c) they do not constitute individualized medical advice; (d) they do not guarantee injury prevention or athletic success; and (e) all clinical decisions remain the responsibility of licensed medical providers. I acknowledge that I am responsible for disclosing any relevant medical history, injuries, or conditions prior to participation.

RELEASE OF LIABILITY FOR NEGLIGENCE. BY SIGNING THIS AGREEMENT AND INITIALING BELOW, I HEREBY RELEASE AND FOREVER DISCHARGE MMPT, ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ANY OWNERS OR OPERATORS OF THE FACILITY WHERE THE ASSESSMENTS OCCUR (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ASSESSMENTS OR THE ACTIVITIES AND USE OF AND RELIANCE UPON THE DASHBOARD AND THE INFORMATION IT CONTAINS, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. THIS RELEASE APPLIES TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, DISABILITY, ILLNESS, OR DEATH THAT MAY OCCUR AS A RESULT OF PARTICIPATION IN THE ACTIVITIES. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Participant Initials: _______ or Parent or Legal Guardian Initials: _______

COVENANT NOT TO SUE. BY SIGNING AND INITIALING BELOW, I HEREBY AGREE NOT TO SUE OR MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY AND ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, DEATH, INJURIES, LOSS, PARALYSIS, ACCIDENT OR OCCURRENCE OF ANY KIND OR HARM THAT OCCURS DURING THE ASSESSMENT OR AT THE PROPERTY, AND HOWEVER AND WHENEVER ANY INJURY, PROPERTY DAMAGE, DEATH, PARALYSIS, OR ACCIDENT IS CAUSED (COLLECTIVELY, "CLAIMS"). I FURTHER AGREE NOT TO COMMENCE OR PROSECUTE ANY LAWSUIT, CLAIM, OR CAUSE OF ACTION AGAINST THE RELEASED PARTIES FOR ANY CLAIM HEREIN RELEASED.

Participant Initials: _______ or Parent or Legal Guardian Initials: _______

INDEMNIFICATION. BY SIGNING AND INITIALING BELOW, I HEREBY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS ARISING FROM MY PRESENCE AT THE PROPERTY, PARTICIPATION IN THE ASSESSMENTS, OR USE OF THE DASHBOARD. IF THE PARTY SIGNING BELOW IS DOING SO ON BEHALF OF A MINOR, SUCH PARENT OR GUARDIAN ACKNOWLEDGES THAT PARTICIPATION IN ATHLETIC ACTIVITY INVOLVES INHERENT RISKS AND EXPRESSLY ASSUMES ALL RISKS OF INJURY ON BEHALF OF THE MINOR, AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS BROUGHT BY OR ON BEHALF OF THE MINOR.

Participant Initials: _______ or Parent or Legal Guardian Initials: _______

Medical Treatment Authorization. I hereby authorize MMPT and its personnel, as they deem necessary or appropriate in their sole discretion, but without obligation to do so: (a) to administer emergency medical care to me (or the minor child on whose behalf I sign), and (b) to request emergency medical care and procure transport to a medical facility for me (or the minor child on whose behalf I sign). I authorize MMPT personnel to take the foregoing actions in the event of an emergency, and I accept financial responsibility for any resulting care, treatment, or transport costs, and understand that MMPT does not provide health or accident insurance coverage for participants.

Related Agreements. This Agreement works alongside, and does not replace, MMPT's Privacy Policy, which may be found here: https://www.mmptperformance.com/privacy and which is incorporated herein by this reference. By signing below you agree that you have read, understand, and agree with such Privacy Policy and consent to its terms.

Jury Waiver. To the maximum extent permitted by applicable law, I hereby waive any right I may have to a trial by jury in any action, proceeding, or litigation involving this Agreement, any Activity, and/or the Property.

Miscellaneous. I agree that Georgia law shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. By signing below, I agree that state or federal courts in Fulton County, Georgia shall have exclusive jurisdiction and venue with respect to any matter involving this Agreement or the subject matter thereof. I agree that this Agreement is binding upon my heirs, personal representatives, assigns, and/or anyone else claiming on my behalf. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by applicable law.

IMPORTANT: BY SIGNING THIS AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.

FOR PARTICIPANTS 18 AND OLDER:

BY SIGNING BELOW I CONFIRM THAT I AM AT LEAST 18 YEARS OLD, THAT I AM CAPABLE (BOTH MENTALLY AND PHYSICALLY) OF PARTICIPATING IN THE ACTIVITIES, THAT I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING THE ENTIRE AGREEMENT BEFORE SIGNING IT, THAT I UNDERSTAND THIS AFFECTS MY LEGAL RIGHTS, THAT I FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT, AGREE TO BE BOUND BY ITS TERMS, AND THAT I AM SIGNING OF MY OWN FREE WILL.

Date:

Signature

Printed Name

FOR PARTICIPANTS YOUNGER THAN 18:

BY SIGNING BELOW I CONFIRM THAT: (I) I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR LISTED BELOW; (II) I AM AT LEAST 18 YEARS OLD; (III) THE MINOR LISTED BELOW IS CAPABLE (BOTH MENTALLY AND PHYSICALLY) OF PARTICIPATING IN THE ACTIVITIES; (IV) I ACCEPT FULL RESPONSIBILITY FOR MONITORING SUCH MINOR'S ATHLETIC PARTICIPATION IN SPORTS ACTIVITIES AND ASSUME ALL RISKS ASSOCIATED WITH CUMULATIVE ATHLETIC WORKLOAD AND SPORTS PARTICIPATION; (V) I HAVE FULLY INFORMED MYSELF OF AND UNDERSTAND THE CONTENTS OF THIS AGREEMENT BY READING THE ENTIRE AGREEMENT BEFORE SIGNING IT AND THAT ALL ITS CONTENTS APPLY TO SUCH MINOR CHILD; (VI) I UNDERSTAND THIS AGREEMENT AFFECTS MY LEGAL RIGHTS AND THOSE OF THE MINOR LISTED BELOW; (VII) I AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT; AND (VIII) I AM SIGNING OF MY OWN FREE WILL ON BEHALF OF SUCH MINOR.

Printed Name of Minor

Date:

Signature of Parent or Legal Guardian

Printed Name of Parent or Legal Guardian