Boxing

Release and Waiver of Liability and Indemnity Agreement

Read Carefully Before Signing

In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (herein defined as any area where in admittance to the general public is prohibited), the participant or parent(s) and/or legal guardian(s) of the minor participant named below agree:

1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate.  I understand and agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/WE fully understand and acknowledge that:
   • There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury, partial and/or total disability, paralysis and death.
   • The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
   • These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
   • There may be other risks not known to us or are not reasonable foreseeable at this time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant (KU BJJ LLC), including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all of the purposes herein referred to as "Releasee"...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE. 
5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage.  Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is hel invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

CANCELLATION OF MEMBERSHIP

This Membership Agreement (“Agreement”) can only be cancelled by giving written notice (jiujitsumandarin.com) 30 days in advance. If Student/Member does not give written notice of cancellation, this Agreement shall automatically extend on a month-to-month basis, at the rate shown on this agreement. To cancel this Agreement you must deliver a signed and dated written notice of cancellation, either; 1. By personal delivery to the academy, or 2. By email to jjmmandarin@gmail.com. Cancellations permitted under the Agreement will take effect on the last day of the month following receipt by KU BJJ, LLC of all required documentation. There will be no refunds of tuition if you are unable to attend classes during the period following cancellation.

I/WE hereby acknowledge and agree to these terms of cancellation.

MEMBERSHIP FREEZES

Student/Member is permitted to freeze membership for one, two or three months one time during the Initial Term, or if Student/Member is on a month-to-month basis, then one time per calendar year. A freeze will suspend payment of tuition/dues until the end of the freeze period at which time tuition will reinstate and freeze period will be added to the end of the contract term.  To affect a membership freeze, Student must submit an executed Freeze form.

MONTHLY TUITION/DUES

Except as expressly provided herein, all tuition/dues and/or payments are non-refundable. Tuition/Dues are billed monthly, in advance, on the 1^st, 5^th, or 15^th of each month, due and payable at the time of billing – regardless of usage of the academy.

At the end of the initial Term, monthly tuition/dues will continue on a month-to-month basis at the then effective rate. Testing and additional belts, seminars and competitions are not included in monthly tuition.

DECLINED OR DELINQUENT PAYMENTS

If any payment, including, but not limited to, a check, charge, or bank draft is declined, KU BJJ, LLC will assess a charge of $35.00 for each payment so declined, in addition to any other recourse it may have.

In the event Student/Member fails to pay any obligation in accordance with the terms of this Agreement, KU BJJ, LLC may refuse to honor the Student/Member’s membership.  In addition, should Student/Member be in default of any payment for more than 30 days, all amounts due hereunder shall become immediately due and payable.

KU BJJ, LLC reserves the right to use an attorney to enforce any terms under this Agreement and Student/Member shall be liable, in addition to any other obligations, for the cost of such enforcement.

ASSUMPTION OF RISK & WAIVER OF LIABILITY

Student/Member represents that he/she is in good physical condition and is able to use the facilities of KU BJJ, LLC.

Student/Member hereby acknowledges that he/she is fully aware of the risks and hazards inherent in the practice of martial arts and in fitness activities and hereby assumes voluntarily all risks of loss, damage or injury (including death) that may be sustained by Student/Member or to his/her property.

Student/Member hereby accepts full responsibility for the use of, or participation in, any and all classes, services, equipment, demonstrations or events, whatsoever owned, operated or sponsored by KU BJJ, LLC whether on-site or off-site and hereby releases and agrees to hold harmless, KU BJJ, LLC, its owners, officers, directors, members, employees, representatives and agents from any and all loss, claim, injury, damage or liability sustained or incurred by Student/Member resulting there from.

DAMAGE TO PROPERTY

If Student/Member willfully or neglectfully does damage to any KU BJJ, LLC property the cost of repairing or replacing such damaged property shall be paid for by Student/Member.

MEMBERSHIP RULES & REGULATIONS

Student/Member hereby agrees to abide by all rules and regulations of KU BJJ, LLC, which may be posted or issued verbally, as amended from time to time.

KU BJJ, LLC may terminate this Agreement for violation of any rule or regulation, or any conduct which is detrimental to the welfare or character of KU BJJ, LLC or its students/members.

MEMBERSHIP TRANSFERS

Membership at KU BJJ, LLC are not transferrable.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Student/Member and KU BJJ, LLC Amendments or modifications to this Agreement must be in writing and signed by both Student/Member and KU BJJ, LLC.