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Martial Arts Warning, Waiver, Release of Liability, Assumption of Risk and
Agreement to Participate
THIS AGREEMENT MUST BE SIGNED BY ALL MEMBERS WHO WISH TO PARTICIPATE IN ANY
SUBFIGHTER HOLDING COMPANY LLC (hereafter "SubFighter") SANCTIONED EVENT OR CLASS.
In consideration of being allowed to participate in any way in the sanctioned events, classes and/or training(s) of SubFighter, I, the above listed Student and (if applicable) Parent/Guardian of Student,
- Recognize and understand that martial arts training is a physical contact activity and that my participation might result in serious injury, including permanent disability or death, and severe social and economic loss.
- Recognize and understand that such risk may be due to not only my own actions, but also the action, inaction or negligence of others, 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 pairings 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, permanent 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 SubFighter and agree to abide by the instructions given therein.
- I certify that I am in good 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.
- Grant permission in case of injury to have a doctor, nurse, athletic training or other emergency medical personnel provide me with medical assistance or treatment for such injury.
- Release, waive, discharge and covenant not to sue, SubFighter, its affiliated organizations and governing bodies, their officers, instructors and personnel, other members of the organizations, participants, supervisors, coaches, sponsoring organizations or their agents, and if applicable, owners and leasers of the premises from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses and damages which may be sustained and suffered on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the realeasees or otherwise.
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Please note, once payment is processed and your purchase is successful, you will receive your receipt and pass to the gym for the selected packed at the email address provided below.
Please read this Membership Agreement. You are agreeing to the terms detailed below by submitting and processing this enrollment.
- Parties. Subfighter Holding Company (Subfighter) and you agree that by signing this agreement, you purchased a membership or services and agree to all the terms in this agreement. You also agree to follow Subfighter's membership policies and any academy rules. Subfighter may, in its sole discretion, modify the policies and any academy rules without notice at any time. All signs posted in the academy or on the premises shall be considered a part of the rules on Subfighter. The terms "you" and "Subfighter" include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds all these included persons and entities.
- Nature of Membership: Your membership permits you to attend all of the classes named above. Schedule is available on our website at www.subfightermma.com and/or posted on the gym premises. Your membership is nonrefundable by you and gives you no rights in Subfighter, its management, property or operation. Subfighter may transfer your membership in its sole discretion. Subfighter can sell memberships at different rates and terms than yours. It is your responsibility to notify Subfighter of any change in your address or phone numbers. It is your responsibility to have the correct training attire and equipment while attending class.
- All Academy privileges: Schedule, classes and instructors may change. Your academy privileges are limited to the classes as listed above. For example, from time to time, Subfighter will have other classes, extracurricular clinics and seminars that are not covered by this membership. Subfighter reserves the right to charge an extra fee and/or extra dues for attendance to programs not included in your type of membership.
- Membership Freezes: You are only eligible to freeze your membership for one month per year. Military personnel may freeze their membership for any period of time based upon a letter from their command showing orders that would deem continuing the membership unreasonable.
- Financial Policy. You agree to pay the dues for the Membership Term stated above. Membership Term starts from the date stated at the bottom of this page. If you are under 18 Subfighter requires an adult to guarantee payment. Whether or not you use the facility or attend classes you must still pay your monthly dues. You agree to pay Subfighter an administrative fee for any returned check, debit problems, such as non-sufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $25.00 and is subject to change at Subfighter's discretion without prior notice.
- Representation – Entire Agreement and Enforcement: You acknowledge that neither Subfighter, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts which continue unaffected. If Subfighter does not enforce any right in this agreement for any reason, Subfighter does not waive its right to enforce it later.
Cancellation, Termination, Refund.
- Your five (5) day Cancellation right: You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of Subfighter after the date of this agreement, excluding Sundays and holidays.
Cancellation rights. Enrollment fees are non-refundable. You may cancel this agreement and receive a refund of unused prepaid dues as follows:
- You are Disabled or You Die: Your disability must physically prevent you from attending the classes and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence.
- You move. Your move must be more than 25 miles from Subfighter. A move fee of $100 will be deducted from any prepaid dues before dues are refunded.
- Notice and Effective Date: You (your estate) must send written notice and proof of the event within 30 days after it happens. Cancellation is effective as of the date of the event or the last time you attended Subfighter, whichever is later.
- Termination without cause by Subfighter: Subfighter reserves the right to terminate your membership for any reason not stated above and is not prohibited by law, if Subfighter does it will mail a termination notice to you and refund any unused prepaid dues.
- Termination on Academy Closure or Move: If Subfighter permanently closes or moves more than 25 miles from your residence, this agreement ends 30 days later. As such you will not have to pay further monthly dues and Subfighter will refund any prepaid dues.
- Cancellation or Termination Fee. Cancellation or Termination of this Membership will result in a fee of three hundred dollars ($300.00), waived only if cancellation or termination qualifies under section 5(b), 5(c), or 5(d) of this Agreement.
- Arbitration. If there is any dispute or claim between you and any Subfighter involving an amount in controversy or more than Five thousand dollars ($5,000.00) you and Subfighter agree to submit the dispute for resolution to binding arbitration. Arbitration means that neither you nor Subfighter can sue each other in court over a dispute and that a neutral arbitrator will decide the dispute, not a judge or jury. This arbitration provision is governed by the Federal Arbitration Act (FAA).
- Binding Effect; Choice of Law and Venue. This agreement shall bind the parties, their personal representatives, successors, and assigns. This agreement shall be governed by California law. For the purposes of determining venue, the parties hereto acknowledge and agree that this agreement was executed in Orange County, California regardless of the actual place of execution.
I have read this agreement and fully understand its terms. I acknowledge that I am signing this agreement freely and voluntarily.
By clicking the button below you are agreeing to the terms of this Membership Agreement as described above.
Thank you for enrolling! Your enrollment information has been submitted for review and processing. Once your enrollment has been successfull processed and the payment method submitted has been charged, you will receive a payment receipt and pass to the gym at the email address provided.
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