- Parties - The undersigned ("Member", "Visitor" or "you") has purchased membership from Jake Mackenzie School of Jiu Jitsu and by signing this agreement agrees to all of the terms. You also agree to follow all written and posted rules and regulations now in effect and to become effective at any future date. You agree to pay all sums due for membership plans and other services purchased. You understand and agree that Jake Mackenzie School of Jiu Jitsu has the right to revoke your membership and discontinue your privilege of using any Jake Mackenzie School of Jiu Jitsu or affiliated facility if you fail to follow the rules and regulations, display improper conduct or default on any obligation to Jake Mackenzie School of Jiu Jitsu. In such an event you will remain liable for any unpaid balance due to Jake Mackenzie School of Jiu Jitsu. Your membership does not give you any rights in Jake Mackenzie School of Jiu Jitsu, its management, property or operations. It is your responsability to notify Jake Mackenzie School of Jiu Jitsu of any changes in your address or phone number.
- Classes and Contact- Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the gym and may be changed from time-to-time upon notice by the gym. The gym agrees to furnish Member with qualified Brazilian Jiu Jitsu instructors to teach and supervise classes, practice sessions and contests conduced by the gym. Member understands that during the course of instruction, Gym instructors, authorized personnel and/or other Members will be engaged in a course of conduct requiring physical contact with the Member. The member gives full consent to such contact as is required by the training program and classes.
- Photos and Videos - The Member consents to the Gym taking photographs or video images while in classes or otherwise in the public premises of the Gym and hereby irrevocably grants the right to use Member's image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on the website.
- Waiver and Liability and Release- You agree on behalf of yourself (and all personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge Jake Mackenzie School of Jiu Jitsu (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Jake Mackenzie School of Jiu Jitsu or any of its affiliate, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries, which may occur as a result of a) your use of any exercise equipment or facilities which may malfunction or break, b) Jake Mackenzie School of Jiu Jitsu improper maintenance of any exercise equipment or facilities, c) Jake Mackenzie School of Jiu Jitsu negligent instruction or supervision, including personal training, and participation in any activity, class, program, instruction or any Jake Mackenzie School of Jiu Jitsu sponsored event, d) you slipping and falling while on or in the facility or any portion of the premises for any reason, including Jake Mackenzie School of Jiu Jitsu negligent inspection or maintenance of its facility. I agree, for myself and my successors, heirs and assigns that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable attorney's fees) incurred by the other party or parties in defending against any such action. You agree that you are voluntarily participating in the aforementioned activities and using the Jake Mackenzie School of Jiu Jitsu facilities and premises.
- Representations - You acknowledge that neither Jake Mackenzie School of Jiu Jitsu nor anyone else has made any representation or promises upon which you relied that are not stated in this agreement. Your membership allows you to use only the Jake Mackenzie School of Jiu Jitsu facilities, equipment and services as shown and limited to your membership option. Jake Mackenzie School of Jiu Jitsu reserves the right to charge extra fees and/or dues for your use of any facility or services not included. This document contains the entire agreement between you and Jake Mackenzie School of Jiu Jitsu and replaces any previous or other written agreement, if Jake Mackenzie School of Jiu Jitsu does not enforce any rights in this agreement for any reason, Jake Mackenzie School of Jiu Jitsu does not waive its right to enforce it later. Jake Mackenzie School of Jiu Jitsu is not obligated to repurchase any memberships. Jake Mackenzie School of Jiu Jitsu reserves the right to sell membership at different rates and terms than yours, if a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. Jake Mackenzie School of Jiu Jitsu reserves the right to change prices of any fees and/or dues for new and/or existing members.
- Liability for Personal Property - Jake Mackenzie School of Jiu Jitsu is not responsible for any personal property damaged, lost or stolen in or around Jake Mackenzie School of Jiu Jitsu premises, including that which arises out of Jake Mackenzie School of Jiu Jitsu negligence. If you or your guest cause any damage to Jake Mackenzie School of Jiu Jitsu's property, you are liable to Jake Mackenzie School of Jiu Jitsu for the cost of repair or replacement.
- Payment Obligation - You agree to pay the tuition chosen on the act of this agreement, whether or not you use the facilities, you still must pay your monthly payments. If you are under 18 years of age, an adult is required to sign to guarantee payment. Membership must begin within six months of execution of this membership agreement.
- Non-use - The failure or inability of the Member to use the facilities, classes or services of the Gym for any reason, will neither relieve nor suspend the Member's obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit of membership payments.
- Holidays - The Member understands that classes may not be held on national holidays, scheduled vacations or other times as directed by studio management.
10. Health - The member affirms that they have fully disclosed their health condition to the instructors at Jake Mackenzie School of Jiu Jitsu and have obtained clearance from their healthcare provider to engage in physical activities such as BJJ. They release, waive, discharge, and covenant not to sue Jake Mackenzie School of Jiu Jitsu, its instructors, employees, or affiliates for any liability, claims, demands, actions, or rights of action arising out of or related to any loss, damage, or injury, including but not limited to that caused by their health condition, while participating in BJJ at Jake Mackenzie School of Jiu Jitsu.
If health condition is existent:
They acknowledge that participation in Brazilian Jiu-Jitsu (BJJ) at Jake Mackenzie School of Jiu Jitsu involves strenuous physical activity and potential risks, including but not limited to bodily injury, disability, and property damage. They further acknowledge that they have a specific health condition, which may increase the risks associated with participating in BJJ. They understand and acknowledge that their health condition may affect their ability to safely participate in BJJ and may increase the risks of injury or harm to themselves. They acknowledge that they are solely responsible for monitoring their health condition during BJJ sessions and will immediately cease participation and seek medical attention if they experience any symptoms, discomfort, or concerns related to their health condition.
The member agrees to indemnify and hold harmless Jake Mackenzie School of Jiu Jitsu, its instructors, employees, or affiliates from any loss, liability, damage, or cost, including court costs and attorney fees, that they may incur due to my participation in BJJ at Jake Mackenzie School of Jiu Jitsu as a result of their health condition.
Membership Cancellation Policies and Procedures for ALL Membership Types
- Right to recession– You, the buyer, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Sundays and Holidays if you wish full refund. To cancel this agreement, send a signed and dated notice, which states that you, the buyer, are canceling this agreement. Such notice should be sent via e-mail at info@jakemackenziebjj.com
B. Early Termination – If the member chooses to cancel their agreement early, tuition rates must be up to date, or prorated. A notice should be
