STUDENT MEMBERSHIP AGREEMENT
WARNING, WAIVER, RELEASE OF LIABILITY,
ASSUMPTION OF RISK & AGREEMENT TO PARTICIPATE
THIS AGREEMENT MUST BE SIGNED BY ALL MEMBERS WHO WISH TO PARTICIPATE IN ANY MGF Investments LLC, dba: Renzo Gracie Jiu Jitsu DFW SANCTIONED EVENT or classes provided by RENZO GRACIE JIU JITSU DFW.
INTRODUCTION
MGF Investments LLC, dba Renzo Gracie Jiu Jitsu DFW is a Limited Liability Corporation under the laws of the State of Texas. Renzo Gracie Jiu Jitsu DFW conducts Activities primarily at 420 Grapevine Highway, Ste #118 Hurst, TX 76054, along with periodic competitions at venues across the State of Texas and elsewhere.
EXCULPATORY CLAUSE
In consideration for receiving permission to participate in the Activity, I hereby release, waive, discharge, covenant not to sue, and agree to hold harmless for any and all purposes MGF Investments LLC dba Renzo Gracie Jiu Jitsu DFW, its officers, members, agents, volunteers, instructors, and/or employees [hereinafter RELEASEES] from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, that may be sustained while participating in such Activity, while traveling to and from the Activity, or while on the premises owned or leased by RELEASEES, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of RELEASEES. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct
INDEMNITY CLAUSE
I am fully aware that there are inherent risks to myself and others involved with this Activity, including but not limited to specific risks/hazards involved in classes, competitions, presentations, performances, practices, and other activities on or off the premises of the RELEASEES. I choose to voluntarily participate in all such Activity with full knowledge that it may be hazardous to me and my property, and to the person and property of others. I acknowledge there may be physically strenuous activities. I know of no medical reason why I should not participate. I agree to indemnify and hold harmless RELEASEES from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, which may occur to myself, other participants, and third-persons as a result of my participation in said Activity, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of RELEASEES.
In consideration of being allowed to participate in any way in the sanctioned events, classes, or activities of the RELEASEES, wherever situated, I (Minor or Adult Student's Name: , Student/Parent/Guardian:
Recognize and understand that martial arts training is a physical contact activity and that my participation might result in serious injury, including impairment, disability, death, and social and/or economic loss.
Recognize and understand that such risk may be due to not only my own actions, but also the acts or omissions of others, whether negligent or intentional, the regulations of participation, or the conditions of the premises, or of any of the equipment used.
Recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.
Agree to inspect the facilities, equipment and prior to participation. I will immediately inform an instructor if I believe that anything is unsafe or beyond my capability and refuse to participate.
Assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, disability or death.
Enter martial arts training and/or competition entirely of my own free will and understand the importance of following the rules of training and competition. I have been given a copy of the rules and regulations of RELEASEES and agree to abide by the instructions given therein.
I certify that I am in good health and physical condition, and have no disease, injury or other condition that would impair my performance or physical and mental well-being during intense training practice and/or competition. I also certify that I have not contracted any medical conditions (i.e., diseases and or infections) which are considered contagious and could be contracted by other members and thereby posing a threat or risk or harm to the health and wellbeing of said members of Renzo Gracie Jiu Jitsu DFW. I agree to privately disclose any medical conditions, infections or medical conditions to the instructor, or staff, which may be harmful, threatening, contagious or dangerous, to other students (i.e. members).
Grant permission in case of injury to have a doctor, nurse, athletic trainer or other emergency medical personnel provide me with medical assistance or treatment for such injury.
I understand that RELEASEES may or may not maintain adequate insurance policy(ies) covering any circumstance arising from my participation in this Activity or any event related to that participation. As such, I am aware that I should review my personal insurance coverage. RELEASEES may not carry general liability insurance covering all possible claims arising from this Activity so it seeks a waiver of claims as additional consideration so that RELEASEES can provide the Activity at the lowest possible cost to the greatest number of participants by expending limited resources on the Activity and its materials, rather than on liability insurance.
I HAVE READ THE ABOVE WARNING, WAIVER, RELEASE AND AGREEMENT TO PARTICIPATE. I UNDERSTAND ITS CONTENTS AND DO HEREBY SIGN IT VOLUNTARILY.
Signatory:
RISK AGREEMENT
ADVISORY OF RIGHTS AND RESPONSIBILITIES
Safety is not the sole responsibility of instructors and staff. Everyone in class shares in the responsibility for their safety and the safety of those around them.
All students have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All students must evaluate each situation in the context of their skill and current physical condition, and if they participate are expected and required to conduct such exercise or activity in a manner that is safe.
If an instructor gives an instruction that is unsafe for the student, it is the student’s responsibility to inform the instructor that the activity may be unsafe. The instructor will routinely excuse the student from unsafe exercises and drills.
The instructor may ask for an explanation to better understand his/her limitations, and the student is expected to provide one. All students have the responsibility to train and conduct themselves in a manner that helps all students and instructors remain safe.
Students must give those who are training enough room to avoid interfering and avoid being accidentally struck by someone else practicing, which is especially important when others are practicing with weapons. In the event of an injury, students have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining if it is safe to continue.
Unless a student is certain that further practice will not create or worsen a problem, all students are encouraged to stop what they are doing and inform the instructor. If an injury occurs or the an injury is perceived as possibly having occurred, all students, instructors, staff, and visitors (notably parents), have the right to call a stop to a particular training exercise.
If a student notes an unsafe training situation, which may include a student performing a skill incorrectly, a student not showing due regard for the safety of others, a defective piece of training equipment, a potentially dangerous obstacle or condition on the floor, or anything else that may cause or lead to harm of the students, instructors, visitors or guests, then the student is expected to correct the situation if it is within his ability or to notify an instructor or staff member immediately.
If something is simple to correct, such as removing an obstacle from the floor, the student should correct the situation. If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then the instructor or staff member should be notified immediately.
ASSUMPTION OF RESPONSIBILITIES AND RISK
Martial Arts training is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most students will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and the student can be expected to encounter these injuries frequently. The possibility of more serious injuries exists, including broken bones, torn ligaments, though not all students encounter such serious injuries.
There remains, despite safety precautions, the remote possibility of disability or death, though this is certainly not expected in this martial arts class. I understand the above statement of risk, and I understand the rights and responsibilities of students.
I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with martial arts training. Even if the instructor has informed me that no serious injuries have ever happened in this school or with any of the instructors, I understand that this does not mean that there is no possibility of harm.
By assuming this risk, I completely absolve all instructors, staff, guests, students, landlords, management companies and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct.
NOTICE AND CONSENT TO INSTRUCTORS
This school seeks to make use of highly trained professional instructors, with both expertise and experience in the art(s) that we teach and in teaching. Classes may be taught by the head instructor or any other qualified instructor.
Should an instructor be unavailable for a given class, a junior instructor, appointed senior student(s) or guest instructor(s) may be authorized to teach. The choice of the instructor is left to the discretion of Renzo Gracie Jiu Jitsu DFW. I understand that I may not always have the instructor I desire, but I shall seek to learn from whomever is teaching, to show the respect due to the position of teacher to whomever is teaching, and to conduct myself in accordance with the etiquette, values and academy rules established by Renzo Gracie Jiu Jitsu DFW.
I understand that I have the responsibility for my own safety regardless who may be teaching the class and I specifically consent to any instructor of the school, instructors or staff feel are sufficiently qualified by standards they set to teach the class.
I specifically understand and agree that the full force of this document applies no matter who is teaching.
NOTICE OF PHYSICAL CONTACT
Complete martial arts training involves a wide variety of skills. While practicing these skills, students may have contact with any portion of the body. The groin may be the target of kicks, strikes or grabs.
The chest, buttocks, groin or any part of the body may be contacted by any part of the training partner’s body during training with martial arts techniques, or incidentally contacted while performing a martial arts technique which targets another portion of the body.
When male and female students train together, or when adult and minor students train together, and in any other training combination, the purpose and intent of the school, instructors and staff is to provide an environment for all students to learn and practice martial arts and self-defense.
Students are expected to conduct themselves appropriately and ethically at all times to ensure the best training results for everyone. Should any student feel that a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue and unacceptable advantage of training contact, or if a student is made to feel uncomfortable by any training exercise or partner, then that student has the right to withdraw from the exercise or drill.
If the contact of a training partner appears inappropriate, the student should inform the instructor privately and immediately. If the conduct of the training partner or any training partner appears criminal, then the instructor should be informed and the authorities may be notified either by the student or the instructor, or both.
CONSENT TO PHYSICAL CONTACT
I understand the nature of physical contact in martial arts training, and I understand that I have the right to immediately withdraw from any exercise or drill in which the contact of any party seems beyond the scope of training and makes me uncomfortable. I agree to abide by the school etiquette and academy rules in all aspects pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training allows.
INDEMNIFICATION BY PARENTS OF CHILD/MINOR PARTICIPANTS
Applicable only to parents enrolling a minor child. I agree not to bring any claim or suit against the school, instructors, staff, guests, students, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal shall be the subject of such a suit.
I further agree that I will not cause to be brought, nor encourage a claim or suit. I also agree not to cooperate in the bringing of such a suit or claim except insofar as I may be legally required to do so.
Finally, I shall indemnify the school, instructors, staff, guests, students, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expenses incurred as a result of a breach of this agreement.
DISCLOSURE OF CRIMINAL HISTORY
To ensure the safest training environment for all students, as well as guests and visitors, the student signing this waiver of liability for, MGF Investments LLC, dba: Renzo Gracie Jiu Jitsu DFW, agrees to disclose any prior convictions other than Class C misdemeanor motor vehicle citations (i.e. traffic tickets). Furthermore, disclosure will include all arrests, regardless of disposition, of any and all sexual offenses without limitation of time or locus/jurisdiction.
The student also agrees that they do NOT have any restrictions ordered by any court in any state that restricts this student from being near children and or from having any interaction with children (i.e., minors).
The student consents to the RELEASEES accessing public records to verify the presence or absence of arrests and convictions of the types discussed herein.
ARBITRATION CLAUSE
Should any dispute arise between me, my child, or anyone acting on behalf of my child, and MGF Investments LLC, dba: Renzo Gracie Jiu Jitsu DFW or its personnel acting in their capacity as agents of Renzo Gracie Jiu Jitsu DFW then I specifically agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in Court, I specifically authorize the Court to order the case to a binding arbitration.
CHOICE OF LAW & VENUE CLAUSES
This agreement and any dispute among the parties will be resolved under the laws of the State of Texas.
The venue for any arbitration of civil actions is Tarrant County, Texas.
SEVERABILITY CLAUSE
If any clause, sentence, phrase or statement is found unenforceable or invalid by any Court of Law, the remainder of the document shall remain valid and enforceable and the invalid clause, sentence, phrase or statement shall be struck from the document.
DURABILITY CLAUSE
This document is effective from the date signed with no expiration. Furthermore, the terms of this document are retroactive to the beginning of training and visiting this school if this document was signed after that date.
AUTHORITY TO TREAT
As the student who is signing this agreement or the authorized adult guardian or parent signing on behalf of the minor child, I give the instructors, staff and responsible adults the power to authorize medical or other treatment of the student named subject to the limitations listed below, if any. If I am not the named student, I am the parent, guardian or responsible adult for the named student and I have the legal right to grant this power.
Treatment may be made without regard to whether I or any other parent, guardian or responsible person has been contacted or has consented to the specific treatment, provided it does not conflict with the limitations outlined below. This authority begins on the date signed and continues in effect for the duration of the named party is no longer enrolled as a student with Renze Gracie Jiur Jitsu DFW.
By granting my authorization, I waive liability for all actions taken by others for the wellbeing of the named party in this agreement, provided the actions are reasonable under the circumstances based on the knowledge and understanding of the person taking the action, and I trust their judgment and offer the benefit of the doubt to them in any claim or legal proceeding.
This presumption may only be overcome by clear and convincing evidence that they acted with malice or willful gross negligence, and if so they may still be liable. I understand that the instructors, senior students, or others may have some skills in first aid, CPR, and at their discretion, I authorize them to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or helpful.
Signatory:
PHOTO AND MEDIA RELEASE
I, , do hereby consent and agree that the staff, members and contracted agents of MGF Investments LLC, dba: Renzo Gracie Jiu Jitsu DFW have permission to take photographs and/or record video and/or audio of me/my child(ren) and to use these photographs, audio, and/or video recordings for educational, promotional, and/or marketing materials.
I do hereby give MGF Investments LLC, dba: Renzo Gracie Jiu Jitsu DFW the right to exhibit any such video, auto or photography content publicly or privately, including but not limited to all social media platforms, television broadcasts or posting on the academy or other websites.
I waive any rights, claims or interest I may have to control the use of my/my child(ren)’s name, photograph, image, or likeness in the photographs, video, or audio and agree that any uses described herein may be made without compensation or additional interest to me. I confirm that I have read and understand the foregoing statements, and I am competent to execute this agreement.
Signatory:
STUDENT MEMBERSHIP AGREEMENT
TERMS AND CONDITIONS
THIS MEMBERSHIP AGREEMENT MUST BE SIGNED BY THE MEMBER (i.e., STUDENT) WHO INTENDS TO PARTICIPATE IN ANY MGF INVESTMENTS LLC, dba: RENZO GRACIE JIU JITSU DFW SANCTIONED EVENT OR CLASSES PROVIDED BY RENZO GRACIE JIU JITSU DFW (i.e., THE ACADEMY) .
POLICY ENSURING PROMPT PAYMENT
All students are required to provide drafting information in order to train, and pay for all services provided by The Academy based on the membership agreement selected by The Student. The Academy will collect certain financial information from you which will enable the Company to automatically debit and/or charge tuition to the account provided by you.
Your tuition obligation may be taken care of by also providing checking account information, savings account information, credit card information, or any other account approved by the Academy for drafting purposes.
This does not prevent you from making monthly payments at the Academy directly to take care of your tuition obligation. The Academy does not accept written checks.
The Academy does request that you make your payment and intentions known at least 48 hours before the scheduled draft date so that the Academy may contact its drafting company to let them know not to draft your account for that month.
Failure to give adequate notice to the Academy may result in your account being drafted as set up in this agreement. Further, it is your duty to inform the Academy of any changes to your payment account info and details which may affect the draft that is due on the date payment will be drafted.
The Academy does NOT issue refunds for payments made and requires a 30 day notice of cancellation of the Student membership agreement.
CANCELLATION POLICY
A Student may cancel their remaining membership commitment at anytime, without penalty, ONLY under any of the following conditions:
1. Death or disability rendering the Student medically incapable of training. The Student must present documentation from a licensed physician and/or other qualified medical personnel unless the Academy agrees to cancel membership without any supporting documentation.
2. A Student moves twenty (20) or more miles from any Renzo Gracie Jiu Jitsu academy due to employment, education, economic, or any other reasons. The Student is required to present documentation confirming relocation as directed by the Academy staff.
In the unfortunate event you wish to cancel your membership for reasons other than the above stated, the Academy requires a 30 day notice of cancellation in writing submitted via email to RenzoGracieDFW@gmail.com.
Once your 30 day notice is fulfilled your membership will be canceled and you will no longer be charged unless the Student has made alternative arrangements with the Academy in writing through letter or email.
MEMBERSHIP HOLD POLICY
If the Student would like to put their membership on hold, they must inform the Academy in writing preferably via email at RenzoGracieDFW@gmail.com a minimum of 2 weeks (14 days) prior to the date that the membership is requested to be held (i.e., frozen) and billing paused.
The Student understands that the Academy will allow a hold of not more than 30 days from the starting date of the the hold (i.e., Freeze) and that billing will resume after the 30 day maximum hold time as agreed to by both parties in this agreement even if the Student does not notify the Academy to remove the hold and resume billing (i.e., Unfreez) the membership.
The Student understands that a 30 day notice of termination of membership CANNOT be given during the HOLD TIME and that a 30 day notice can only be given in writing to the Academy if so desired on the day following the last day of the expiration of the request hold (i.e. Freeze) of membership.
AGREEMENT TO ABIDE BY ACADEMY POLICIES AND PROCEDURES
In an effort to maximize your learning experience at our Academy as well as to promote the personal safety of all Members, the Student agrees to follow all Academy Policies and Procedures as posted.
Every Academy student must own at least one (1) white Gi (i.e., Kimono) and rash guard with the Renzo Gracie Jiu Jitsu DFW logo for all white Gi events such as promotions and certain seminars where only white Gi is required.
To promote personal hygiene and cleanliness at the Academy, the Academy asks that you engage in frequent baths and or showers, keep finger and toe nails trimmed at all times so as to minimize harm to yourself and other members, wash and dry uniforms frequently, wear a t-shirt and/or rash guard underneath the uniform, and wear a clean uniform to class.
Failure to abide by these basic guidelines may result in a verbal reprimand up to being asked to leave class until the violation is corrected for the safety of yourself and others.
VIOLATION OF ANY OF THE POLICIES DESCRIBED IN THIS AGREEMENT AS WELL AS RENZO GRACIE JIU JITSU DFW ACADEMY POLICIES MAY RESULT IN A VERBAL OR WRITTEN WARNING, TRAINING PRIVILEGES BEING TEMPORARILY RESTRICTED, AND EXPULSION FROM THE ACADEMY DEPENDING ON THE SEVERITY OF THE OFFENSE.
ADDITIONAL TERMS AND CONDITIONS
1. Failure to attend class does not signify or imply notification to cancel this agreement. Student's failure to continue lessons during the notification or program period does not relieve the obligation to pay the remaining tuition balance in full. Student's failure to attend scheduled lessons relieves the obligation of the school to provide lessons after the program end date.
2. School administrators may make any modifications in the class schedule as deemed necessary. Such modification does not relieve the undersigned of their payment obligations under any circumstances.
3. School administrators may close the school on national holidays, for the purpose of special events, and a period not exceeding four weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.
4. The tuition costs for a martial arts program are based on a 4 week month or a 48 week year.
5. By entering into the agreement the undersigned grants the school permission to use photographs, video, artwork or other likenesses of the student for marketing, trade, publishing or any other lawful purpose on social media, the Academy website, marketing materials, etc.
6. Full payment of tuition fees does not guarantee Belt certification by academy Professors.
7. Membership is non-cancelable and non-transferable except as stated herein. Membership may be transferred to another person or member on a case-by-case basis with the ultimate authority vesting in the Academy staff.
8. Undersigned authorizes the use of a disclosed email address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.
9. By entering into this agreement the undersigned grants the Academy permission to send marketing emails and phone text messages regarding academy events, promotions, sales, etc. that take place at Renzo Gracie Jiu Jitsu DFW.
I understand and agree to the terms and conditions described in this MEMBERSHIP AGREEMENT as well as in the WAIVER AND RELEASE OF LIABILITY.
Signatory:
FINAL MEMBERSHIP DETAILS & SUMMARY
MEMBERSHIP TYPE SELECTED:
OFFICIAL ENROLLMENT DATE & PAYMENT
I understand that as the Student, the membership type that I selected during the enrollment online or in person is described above in Membership Type Selected.
This membership agreement was entered into on the date this agreement was signed and the “MEMBERSHIP ENROLLMENT PAYMENT” (i.e., Payment for the 1st Month) was made in the amount described above in MEMBERSHIP TYPE SELECTED, which was charged to the payment method that you provided and will be the Monthly Payment for your membership.
MONTHLY PAYMENT & MONTHLY RECURRING BILLING CYCLE
The monthly recurring MEMBERSHIP SELECTED billing cycle will be charged to your payment method approximately 30 or 31 calendar days after your first initial MEMBERSHIP ENROLLMENT PAYMENT described above, and will continue to be charged monthly.
If you would like to end your membership, please provide the Academy with 30 days notice to terminate membership in writing via email at RenzoGracieDFW@gmail.com
DISCOUNTED UNIFORM AS PART OF MEMBERSHIP ENROLLMENT
As part of the initial ENROLLMENT the Academy agrees to provide the Student with a uniform (i.e. Gi) at a discounted price, which can be picked up in person at the Academy.
If the student did NOT chose to also pay for the discounted uniform (i.e., Gi) during the online MEMBERSHIP ENROLLMENT, then the Academy agrees to allow the Student to pay for a uniform (i.e., Gi) in person for the same discounted price they would have received if they paid for the uniform online.
If the Student PAID for the discounted uniform online during the MEMBERSHIP ENROLLMENT, then the Academy will provide the student with the uniform (i.e., Gi) in person at the Academy location.
IF YOU HAVE ANY FURTHER QUESTIONS
If the Student has any further questions about their membership, needs an additional copy of this Membership Agreement, or has any further questions please inquire either in person or email the Academy at RenzoGracieDFW@gmail.com.
On behalf of all of us at Renzo Gracie Jiu Jitsu DFW, we welcome you to our Renzo Gracie Jiu Jitsu family and thank you for trusting us with your Jiu Jitsu journey rooted in the legendary and iconic legacy of Master Renzo Gracie.
Signatory: