TERMS AND CONDITIONS OF THE 6-MONTH JIU JITSU MEMBERSHIP AGREEMENT
By signing this legal document, you will waive certain legal rights, including the right to sue. Please read carefully.
This is an agreement between Infinity Mixed Martial Arts Ltd. (hereinafter referred to as "Infinity"), and the undersigned, hereinafter referred to as the "Member". If the purchaser of the membership is not the Member attending Infinity, then the purchaser is bound by all financial terms and conditions placed upon the Member hereunder. Infinity operates and maintains an establishment for the purpose of providing to qualified persons, the necessary facilities for progressive instruction, fitness, conditioning, and sports activities; and the Member desires to enroll as a member of Infinity, for the right to be admitted to the same. This agreement is legally binding and enforceable for a period of 6 months. The Member agrees that he/she will pay monthly dues for the privilege of having admittance to the Jiu Jitsu facilities and classes, until the membership expires or is cancelled according to the terms herein. The Member agrees that all fees are non-refundable (including the initial sign-up/membership registration fee).
1. MEMBERSHIP TERMS:
a) This contract is for a 6-month Jiu Jitsu-only membership.
b) The monthly fee for this membership is $149 plus GST.
c) After the 6-month period ends, the membership will automatically convert to a month-to-month Jiu Jitsu-only membership at the month-to-month rate, unless cancelled by the Member.
2. ADMITTANCE: All parties herein acknowledge and agree that regular class attendance is important for Member progress and understands that it is the Member's responsibility to attend classes and that the undersigned is obligated to make payments whether the Member attends classes and that failure to complete the lessons is not a waiver of the obligation to pay membership fees in full. The undersigned understands that membership fees are not affected by lesson schedules, holidays and/or attendance. Infinity does not contract to provide service or provide Member with continuous personal supervision in respect of the use of facilities. Infinity reserves the right to refuse admittance to any Member for any violation of the terms of this agreement, or for any reason deemed appropriate by the management. It is obligatory that each Member sign in at the reception area.
3. DISCONTINUATION AND CANCELLATION:
The Member may not cancel this contract before the end of the 6-month term except in the case of a verifiable medical condition that prevents the Member from participating in Jiu Jitsu. In such cases, a doctor's note must be provided, and cancellation will be effective 30 days after receipt of the note and written cancellation request.
If the Member wishes to cancel before the end of the 6-month term for any other reason, they must pay a cancellation fee equal to the remaining balance of the contract. For example, if the Member cancels after 4 months, they must pay the equivalent of 2 months' membership fees as a cancellation fee.
After the 6-month period, if the Member wishes to cancel the month-to-month membership, they shall give thirty (30) days written notice of cancellation to Infinity. The Member agrees that they may not cancel while dues are in arrears. The Member further agrees that failure on his/her part to take advantage of the privileges of membership shall not relieve the Member from liability for any dues owing.
4. TEMPORARY LEAVE: In the event that the Member wishes to temporarily suspend his/her membership (up to a maximum of 6 months), he/she shall give thirty days (30) written notice of the temporary leave. The Member understands and agrees that there is a $30 service charge per month owed to Infinity during the leave. The Member further agrees to pay a $25 drop-in fee for any class attended during the temporary leave (in addition to the $30 service charge per month).
5. PAYMENT DEFAULT: The Member understands and agrees that there is a $45 NSF service charge for any default in payments owed to Infinity. The Member further agrees to pay all collection costs, including but not limited to, reasonable attorney fees, late charges, and litigation cost, in the event of any breach, including failure to make any required payment in a timely manner. Upon default of any payment, Infinity, its agents, or assignees may declare all or part of the balance of membership due, and the Member agrees to pay interest on the amount declared at a rate of 24% per annum, calculated from the date of default to the date of payment.
6. MEDICAL DECLARATION: The Member confirms that he/she does not suffer from any physical or mental disability which would prevent him/her from engaging in martial arts in which would increase his/her risk of injury and hereby acknowledges that he/she is in good mental and physical health and physically able to participate in a stressful martial art and/or exercise program. The Member undertakes all recommended programs, treatment, and exercise by Infinity on a voluntary basis and at his/her own risk. Infinity will make no evaluation whether the Member or his/her guest is sufficiently fit for any exercise activities. It is recommended that you should always consult your physician before commencing a physical exercise program.
7. WAIVER AND RELEASE: I am intending to be legally bound and as a condition of participation at Infinity Mixed Martial Arts Ltd. aka Pacific Top Team Langley (hereinafter referred to as "Infinity"), expressly agree to hold harmless and forever release, waive, and discharge Infinity, together with its owners, operators, directors, agents, sponsors, instructors, employees, independent contractors, volunteers and members from any act committed or omitted by me, from any and all claims, suits, complaints, liabilities, obligations, demands, actions, or causes of any action whatsoever, that I or my administrators, executors, heirs, next of kin, or assigns may at any and all times hereafter have or obtain, due to or as a result of, any personal injury, bodily harm or death sustained or suffered by me during, or damage to person or property arising out of, or as a result of any physical or athletic activity, physical instruction or sport conducted or carried on by or for Infinity, whether by itself or with others, or occurring while I am on any premises or property occupied or used by Infinity or at any Infinity event (Infinity events include training at other Pacific Top Team schools and Pacific Top Team events plus any event at an outside school or tournaments put on by unrelated organizations and/or individuals and I am representing Infinity), whether caused by active or passive negligence, fault, failure or otherwise howsoever. I agree to faithfully comply with all the rules and regulations of Infinity. I understand that strict observation of the rules and regulations relative to training include the use of protective equipment required by Infinity. This equipment may limit the possibility of accident or injury; however, Infinity does not warranty the protective equipment whether supplied by Infinity or not. I understand that during instruction, employees of Infinity and/or other students or authorized persons will be engaged in a course of conduct requiring physical contact, and I give full consent to such contact as is required by the training. I sign this waiver of liability fully realizing that my participation or engagement in the activities of Infinity may subject me to personal injury or bodily harm. Any photographs or motion pictures taken during participation at Infinity may be used for promotional purposes. I further agree to release Infinity, its instructors, representatives, and members from any liability for any damage, loss or theft of personal property. I confirm that I am aware engaging in martial arts is a potentially hazardous activity and may result in injuries to me (or my child if signing for a minor) for which I accept full responsibility.
THE UNDERSIGNED MEMBER ACKNOWLEDGES HAVING CAREFULLY READ THE FOREGOING, FULLY UNDERSTANDS THE CONTENTS AND HEREBY AGREES TO ACCEPT, CONFORM TO, AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF MEMBERSHIP AS CONTAINED HEREIN. THE MEMBER FURTHER AGREES TO ACCEPT AND CONFORM TO THE RULES AND REGULATIONS AND POLICIES AND PROCEDURES AS OUTLINED AND/OR AS POSTED ON THE PREMISES. NO ORAL CHANGES OR CANCELLATION PRIVILEGES ARE PERMITTED. THE MEMBER VERIFIES THAT NO ORAL PROMISES FOR ANY PRIVILEGES OR REPRESENTATIONS HAVE BEEN MADE OUTSIDE OF THIS WRITTEN AGREEMENT. THE MEMBER ACKNOWLEDGES THAT HE/SHE HAS RECEIVED A FULLY EXECUTED COPY OF THIS AGREEMENT.
I understand that this is a legally binding contract for 6 months
I understand that there are no early cancellations unless a doctor's note is provided
I understand that after the 6-month period, my membership will convert to a month-to-month Jiu Jitsu-only membership
I understand that if I cancel before the end of the 6-month term, I must pay a cancellation fee equal to the remaining balance of the contract, unless I provide a doctor's note for a medical condition preventing participation
I understand that to cancel the month-to-month membership after the 6-month period, I must give 30 days notice in writing
I understand that there are no refunds available to me at any time