MEMBERSHIP AGREEMENT
Flow State Jiu Jitsu
Phone: (719) 256-0166
flowstatejj@gmail.com
https://www.flowstatejj.com
Mailing Address:
10634 Maltese Pt
Peyton, CO 80831
First Name: Last Name:
Date of Birth:
Mailing Address: City: State: ZIP:
IMPORTANT POLICIES CONCERNING YOUR MEMBERSHIP
1. Conduct and Behavior
I understand that my membership is contingent on adhering to the safety and ethics policies of Flow State Jiu Jitsu and Falcon Jiu Jitsu LLC. Flow State Jiu Jitsu can terminate this contract at any time and doing so will result in a prorated remainder of the monthly or prorated remainder of paid in full tuition being returned. Being barred from Flow State Jiu Jitsu's premises for any reason will result in a termination of membership, but the member will *not* receive a refund.
It is the duty of members to follow and understand Flow State Jiu Jitsu's rules.
Prohibited Conduct includes, but is not limited to:
• Use of slurs or language related to race, sexual orientation, nationality, or gender identity
• Overly aggressive or unsafe behavior
• Failure to follow the instructions of Flow State Jiu Jitsu
• Unwanted sexual advances against Flow State Jiu Jitsu members or staff at ANY time
2. Use of Facilities
My membership plan type determines which facilities I am entitled to use at Flow State Jiu Jitsu. Facility is defined to be spaces deemed to be in use by Flow State Jiu Jitsu during scheduled hours of operation. Flow State Jiu Jitsu management may from time to time change the rules governing the operations of the Flow State Jiu Jitsu, schedules of activities, and hours open. Members shall be provided with notice of these changes. Unauthorized use of facilities may result in membership suspension or cancellation. Club management may suspend or cancel the rights, privileges, or memberships of any Member whose actions are detrimental to the enjoyment of the Flow State Jiu Jitsu's facilities by other Members, or for failure to comply with Flow State Jiu Jitsu's rules.
3. Media and Photograph Release
Flow State Jiu Jitsu has my permission to use my, or my child’s, photograph, image, or likeness publicly to promote its business or any of its programs. I understand that the images may be used in, but not limited to: print publications, online publications, presentations, websites, and social media. Furthermore, I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use, unless otherwise agreed upon by express written consent.
MEMBER’S RIGHTS TO SERVICES
Membership is contingent of on time payment. If your account has been suspended, you will not be permitted to attend classes until it is current. Furthermore, you agree that until such time as your account is current, that you forfeit the right to any services or amenities that would be normally offered or provided for by the terms of this agreement.
BUYER’S RIGHT TO CANCEL AGREEMENT
If you wish to cancel this contract, you may do so with 30 days’ notice, or within 5 business days of the agreement’s signing via written or electronic communication to an authorized Flow State Jiu Jitsu staff member. By signing you understand that withdrawing automatic transactions can take up to 15 business days to process and revoking this agreement may still result in any pending ACH or credit card payments to continue to process. I agree that cancellation of my membership outside of the initial five-day grace period will not result in a refund. I hereby acknowledge that I have read and understand this Buyers’ Right to cancel and that I have/will receive a signed copy of this contract.
RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT OF FLOW STATE JIU JITSU
In consideration of participating in the sport of martial arts and specifically Brazilian Jiu Jitsu, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Flow State Jiu Jitsu and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
Brazilian Jiu Jitsu is a combat sport that can be dangerous
I acknowledge that the sport of martial arts and specifically Brazilian Jiu Jitsu involves known and unanticipated risks which could resulting physical or emotional injury, pis or permanent disability, death, and property damage. Risks include, but are not limited to:
death, paralysis, broken bones, torn ligaments, bruises, and other bodily injuries caused by contact with other participants, objects used during martial arts activities, or walls, matting or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
I accept the risks of participating in Brazilian Jiu Jitsu
I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
Flow State Jiu Jitsu is not responsible for Injuries incurred during Brazilian Jiu Jitsu
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I have my own insurance and do not have any undisclosed medical conditions
I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
Any legal action will take place in the state of Colorado
In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
I agree to each individual portion of this document
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
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Direct Debit Auto-Payment/Electronic Funds Transfer (EFT) Authorization
I authorize Flow State Jiu Jitsu/Falcon Jiu Jitsu LLC to deduct payments from my bank/credit card company by any provided method and to post charges on my account as agreed. Payments will be automatically deducted on a monthly basis. The reoccurring date of this deduction can be modified by Flow State Jiu Jitsu, however will never be done by a staff member without explicit permission or authorization of the owner of the student account. The total amount of this deduction can be modified by Flow State Jiu Jitsu, however will never be done by a staff member without explicit permission or authorization of the owner of the student account. If you wish to cancel this contract, you may do so with 30 days’ notice, or within 5 business days of the agreement’s signing via written or electronic communication to an authorized Flow State Jiu Jitsu staff member. By signing you understand that withdrawing automatic transactions can take up to 15 business days to process and revoking this agreement may still result in any pending ACH or credit card payments to continue to process. I agree that cancellation of my membership outside of the initial five-day grace period will not result in a refund. I hereby acknowledge that I have read and understand this Buyers’ Right to cancel and that I have/will receive a signed copy of this contract.
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PARENT OR GUARDIAN ADDITIONAL AGREEMENT (Must be completed for participants under the age of 18)
In consideration of my child being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor. All aspects and conditions of this document are extended to the students through their parent(s) or guardian(s) who are agreeing to all conditions of this document. The responsibility of informing minors to the conditions of this document lies with the signing parent(s) or guardian(s) to ensure all aspects are understood clearly.
Parent or Guardian Print Name:
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***BY SIGNING THIS DOCUMENT I AGREE THAT I HAVE READ, AND AGREE TO, EVERY AND ALL SECTIONS OF THIS DOCUMENT IN ITS ENTIRETY***