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WAIVER & MEMBERSHIP AGREEMENT - SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy

1.  Binding Agreement : This Agreement sets forth the terms and conditions under which the Member shall have access to martial arts instruction and classes provided by the Gym - SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy  and Soul Fighters Association. By signing below, Member agrees to be bound by all of the terms and conditions set forth in this Agreement.

2.  Term: Unless earlier terminated in accordance with Section 3, the initial term of this Agreement shall begin on the Effective Date and shall end at the close of business on the day immediately prior to the anniversary of the Effective Date (the “Initial Term”). 

Unless earlier terminated in accordance with Section 3, after the Initial Term, this Agreement shall continue in effect on a month to month basis (each, a “Subsequent Monthly Term” and together with the Initial Term, the “Term”) until 30 days after Member delivers written notice of termination to the School at the address set forth above (or such other address as the School shall notify Member in writing). Each Subsequent Monthly Term shall begin on a monthly anniversary of the Effective Date and end at the close of business on the day immediately prior to the next monthly anniversary of the Effective Date.

3.  Termination: This Agreement may be terminated by the School (i) at any time if Member breaches this Agreement; or (ii) 30 days after the School delivers written notice of termination to Member. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination to School, at the address set forth above (or such other address as the School shall notify Member in writing): (a) if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to School; or (c) Member moves Member’s residence more than 25 miles from the School.

4.  Pricing: The School offers an unlimited membership agreed to and detailed upon signup. 

5.  Payment: As of the Effective Date, Member has paid to the School the sum of the total “ Payment ”) , which covers the period beginning on the Effective Date and ending the last day of the Initial Term. On or prior to the first day of each Subsequent Monthly Term, (Member shall pay to the School the agreed cost per membership period, and hereby authorizes and directs the School or its agents to charge the payment to the Member automatically.

6.  Instruction: Member’s ability to attend classes and receive instruction at the School each month is conditioned on the School’s receipt of the Payment for such (payment period - month). The School shall have the right to suspend Member’s membership at any time and from time to time during any period that Member is not current in the Payment. All instruction shall be provided at the School’s business located at 3701 W State Hwy 29, Suite 5101, Georgetown, TX 78628 or at such other location determined by the School in its sole discretion. All instruction shall be offered at such times as determined by the School in its sole discretion. The School reserves the right to change its class schedule or the frequency thereof at any time and from time to time without advance notice to the Member. 

7.  Policies and Rules: Member hereby acknowledges that the Member has read and understands the School’s rules and procedures (the “School Rules”). The Member further acknowledges that the School has the right to change the School Rules at any time and for any reason. The Member hereby agrees to comply with and be bound by the School Rules, as the same may be amended from time to time.

8.  Representation of the School. Member agrees that Member shall not, without the prior written consent of the School, hold himself or herself out publicly as representing the School in any manner, including, but not limited to, as a professional or amateur fighter, in martial arts or other combat tournaments, etc. 

9.  RELEASE OF LIABILITY.

(a) The Member acknowledges that participation in martial arts instructional classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in martial arts instruction and the martial arts, and that member is hereby assuming such risks voluntarily.

(c) The Member hereby releases and agrees to indemnify and hold the school and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the school’s classes and curriculum and the martial arts, including, but not limited to, any claims based on the school’s negligence.

(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending school classes or participating in the martial arts. alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in school classes or the martial arts.

10.  Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.

11.  Entire Agreement: This Agreement constitutes the entire agreement between the Member and School with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.

12.  Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

13.  Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of Williamson County, TX , without regard to principles of conflicts of law.

14.  Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of the School. School may assign this Agreement and/or its rights and obligations hereunder in its sole discretion.

15.  Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.

16.  Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.

17.  Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

18.  Attorneys’ Fees; Cost of Collection. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by the School.

By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and conditions.

YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO:

      Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy

                 3701 W State Hwy 29, Suite 5101

                     Georgetown - TX - 78628

I hereby understand and acknowledge that the training, programs and events held by SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy  in partnership with Soul Fighters Association TX may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risk of injuries associated with participation including but not limited to falls, contact with other participants, the effects of the weather, including high heat and or humidity and all other such risks being known and appreciated by me.

I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. It is understood that before participating in any fitness activity, my doctor must first be consulted for personal risks/benefits.

After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy  in partnership with Soul Fighters Association, TX , its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Bruno Guimaraes BJJ  Academy LLC training, programs and or events.

I do hereby give SF GT ACADEMY LLC - Soul Fighters Georgetown Brazilian Jiu-Jitsu Academy in partnership with Soul Fighters Association, TX , its assigns, licensees, and legal representatives their revocable right to use my name, video, picture, portrait, or photograph in all forms and media and in all manners, including composite, for advertising, for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, which may be created in connection therewith.                             

By my signature, I indicate that I have read and understand this Waiver of Liability and Photo Release. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.