Release and Waiver of Liability and Indemnity Agreement
(Read Carefully and Totally Before Signing)
But First…. The Frequently Asked Questions:
- Combatives Belt & Women Empowered Testing Fees are in the member portal. Accessible on our website
- Please find the school rules on our website linked here. Please familiarize yourself with them as signing this document assumes you understand completely, totally and are in agreement.
- Our programs start at age 5 but please ensure that your 5 year old, or any Bullyproof age member, can work independently with their age group in close-quartered fashion, can sit quietly and can take instruction from adults.
- While we don’t have a traditional, annual contract, we do have a 2 month cancellation fee. Read below for more information.
In consideration of being permitted to participate in any way in the Martial Arts and/or Calisthenics/Fitness 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 student(s) and/or the parent(s) and/or legal guardian(s) of the student(s) participant named below agree:
1.The student(s) and/or the parent(s) and/or legal guardian(s) of the student(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.
- 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 reasonably foreseeable at this time.
3.I/We accept and assume such risks and responsibility for the losses and/or damages following such risks, injury, disability, paralysis, or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
- I/We HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the martial arts facility used by the participant, 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 for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs, and next to 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 alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
- 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 PROCEDURE OF THE RELEASEES.
6.I/We HEREBY AGREE that any PHOTOS/VIDEOS/MEDIA RECORDED of PARTICIPANT and/or legal guardian(s) participating in the martial arts event(s) or program may be used publicly via social and written media with no compensation provided.
7.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 State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- 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 the 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 DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PURGERY THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I SOLEMNLY SWEAR THAT ALL OF THE INFORMATION I HAVE PROVIDED IS ACCURATE AND HAS NOT BEEN FALSIFIED TO ANY DEGREE. 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 A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
STUDENT ENROLLMENT AGREEMENT
I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, UNDERSTAND, that under the terms of this agreement, the school obligates itself to furnish me with competent instruction and suitable facilities for teaching lessons. All class lessons at Bowie Jiu-Jitsu Academy are supervised by qualified personnel trained in the procedures and traditions of Gracie Jiu-Jitsu via Gracie University. I agree that I am physically fit to receive and participate in the prescribed course of instruction. I agree to faithfully comply with all the rules and regulations of Bowie Jiu-Jitsu Academy. The regular hourly tuition is $80 per hour; however, a substantial discount has been provided to me by virtue of enrolling in a training program. If I become delinquent and do not contact Bowie Jiu-Jitsu Academy I will forfeit the right to discount pricing.
I, THE STUDENT, UNDERSTAND that if my tuition is arranged to be made in monthly installments, Bowie Jiu-Jitsu Academy has a fiduciary responsibility to collect all payments in a timely manner. Any modifications, changes, amendments or cancellations of the student enrollment must be in writing. No oral amendments or modifications are to be made to the student enrollment agreement. Although there are no contracts, it is understood that the student will need to provide Bowie Jiu-Jitsu Academy with two months notice from cancellation.
I FURTHER UNDERSTAND that there is a maximum pause (“freeze”) in monthly payments of two (2) months per a twelve-month period. If I wish to freeze my membership, a fee of $50 will automatically apply for each monthly freeze.
I UNDERSTAND THAT I MAY CANCEL my membership at any time with a 60-day written notice. Additionally, I’ve been informed that I am allowed to train during the 60-day cancellation period.
All monthly dues are due until proper cancellation procedures have been followed. In no case shall any monthly payment be retroactively refunded.
I UNDERSTAND that there are no refunds for missed classes. I alone am responsible for my own schedule.
I SPECIFICALLY ACKNOWLEDGE and agree that the belt or other indicia of rank is a privilege and not a right. My acceptance of instruction from Bowie Jiu-Jitsu Academy constitutes acknowledgement that I shall treat the students and the facilities with the utmost respect. If, at any point, my demeanor towards other students or my training practices are deemed to be unsafe or disrespectful, Bowie Jiu-Jitsu Academy reserves the right to cancel this agreement. I shall be entitled to a refund of all unearned amounts due upon cancellation by the school.
A LATE CHARGE of seven dollars and fifty cents ($7.50) will be assessed for any payments seven days (7) past due. Other fees: Return EFT draft $5, Re-clear EFT draft $15, and returned checks $25.
I ASSUME ALL RESPONSIBILITY for any costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney's fees, and applicable late charges that may be incurred for default payments.
SCHOOL ADMINISTRATORS MAY MAKE any modifications to the class schedule as deemed necessary. Such modification does not relieve me of my payment obligations under any circumstances. School administrators also reserve the right to close the school on national holidays, for the purpose of special events, and a period not exceeding two weeks per month for necessary maintenance and other purposes without affecting scheduled tuition payments.
BY ENTERING INTO THE AGREEMENT I grant the school permission to use photographs, videotapes, artwork or other likenesses of me, the student, for marketing, trade, publishing or any other lawful purpose.
MEMBERSHIP IS non-cancelable and non-transferable except as stated herein.
I AUTHORIZE the use of a disclosed e-mail address for billing purposes and acknowledge that e-mail text may include financial information pertaining to the membership.
I understand that my 10-day trial period begins today and ends 10 calendar days from today and that billing shall begin on the 11th day. Refer below on how to cancel the 10 day trial to avoid payment.
Promissory Note: I promise to pay the equal monthly installments with the first monthly installment being due the day after the 10 day trial ends and all subsequent installments being due that day of each consecutive month to be paid directly to Bowie Jiu-Jitsu Academy.
NOTICE OF CONSUMER’S RIGHTS
- You have the right to cancel this membership agreement within 3 business days after receipt of a copy of this agreement. Cancellation must be in writing and must be done in person or by registered/certified mail or by email.
- If you become injured or disabled for at least three (3) months during the membership terms and that disability is confirmed in writing by a physician, you have a right to a termination of the membership agreement.
- If the school is closed for a month or more, you are entitled to your choice of either an extension of the membership agreement, except if the closing is not the fault of the facility, in which case the choice of remedy is the school’s.
CANCELLATION OF 10 DAY FREE TRIAL
If I wish to cancel this agreement it must be done on or before the end of the 10-day trial period. Cancellation must be in writing, in person or by registered/certified mail, text or email. You may also terminate the 10 day trial early if you wish to sign up before the trial’s completion. Written confirmation is also required in this instance.
CANCELLATION FEE and PROCESS
Members may cancel their membership at any time. It must be in writing via text or email. Upon receipt, we will charge a 2 month cancellation fee (2 months of your regular membership rate NOT including the frozen fee) at the time of cancellation. This does not include frozen rates, if you are canceling while your account is frozen, the 2 month cancellation fee will be the amount of your last, regular membership amount. After the 2 month cancellation fee is charged, the member may train (at the frequency that they have paid for) for 60 days from the charging of said fee and will not be charged their regular, recurring monthly fee for the duration of those 60 days.
The cancellation fee is non refundable.
If student changes their mind during those 60 days and wishes to stay on board, student can continue to train at their paid frequency (ie once per week, twice per week, unlimited etc) during the cancellation 60 day period and will be charged their membership fee on day 61.
Example:
Student is a 1x/week member paying $100/month and cancels their membership on May 1st. Student will be charged $200, can train up until July 1st and will not be charged their monthly fee from May 1st - July 1st.