(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
($school_address$)."
(3) "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: ($school_address$); AND
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE."
(4) "IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
($school_address$)."
(b) A health spa operator is required to include the statement under Subsection (a)(3)(B) in a contract only if the operator is required to post security with the secretary of state under Subchapter D.
BILLING INFORMATION
LATE PAYMENT FEES AND RETURNED CHECKS: A late fee of $20 will be applied for any payments that are more than five (5) days late. It is your responsibility to inform Gracie Barra - $school_name$ of any changes in your billing/payment information PRIOR to the date your membership fee is charged. If you don’t notify us and the payment is declined and not paid within the 5 day grace period, you will be charged a late fee automatically.
By signing this agreement, I authorize Gracie Barra ‐ $school_name$ to bill my credit card to collect my $payment_period$ membership fee as stated in this contract.
COOLING OFF PERIOD
"You, the student, may cancel this agreement at any time prior to the midnight of the fifth business day of the Gracie Barra Gym after the date of this agreement, excluding Sundays and holidays. Your cancelation request must be in the method of an electronic written notice to student.relations@gbarizona.com and acknowledged by Gracie Barra $school_name$ membership department. Or, in by written notice that shall be sent to Gracie Barra Membership Department at Gracie Barra - $school_name$ $school_address$.
BILLING Membership Fee will be collected $payment_period$ starting on $start_date$ and will continue to be collected $payment_period$, REGARDLESS OF THE USE OF YOUR MEMBERSHIP.
MEMBERSHIP POLICIES
$payment_period$: The membership fee will be collected, non‐stop, on a $payment_period$ basis until receive a 30 days cancelation notice.
MEMBERSHIP FREEZE:
You may freeze your account for the maximum period of three months. Your regular tuition payments will be replaced by a $12.50 bi-weekly freeze fee, for the duration of the freeze period. Your freeze request must be in the method of an electronic written notice to students.relation@gbarizona.com and acknowledged by Gracie Barra $school_name$ membership department. Your membership will be frozen immediately until the freeze period ends.
MEMBERSHIP CANCELLATION:
You have the right to cancel your membership with a 30 days notice, for any reason.
Your cancellation request must be in the method of an electronic written notice to students.relation@gbarizona.com by Gracie Barra $school_name$ membership department. Your membership cancellation will not be processed until the cancellation fee amount is collected in full AND Gracie Barra $school_name$ has received and confirmed your written notice, unless these two items have been received your account will continue to be billed $payment_period$.
Your regular schedule of payments will continue during the 30 days period, unless you decide to pay the total amount due in one single payment.
FACILITIES
Gracie Barra ‐ $school_name$ reserves the right to alter the days, hours of operation and classes if deemed necessary to better fit the student’s needs. You are welcome to use any Gracie Barra Facility “Jiu Jitsu Programs” according with our visitor student policy, without any extra fee. Please check www.graciebarra.com/gb‐jiu‐jitsu‐ world‐map, “find a school link”, for their hours of operation. Class schedules vary from location to location.
This agreement is subject to a 4% increase annually.
ALL DELINQUENT PAYMENTS AND FEES MUST BE PAID PRIOR TO A MEMBERSHIP FREEZE OR CANCELLATION OF ANY KIND CAN BE APPROVED.
PERMISSION TO USE PHOTOGRAPHY
I grant to Gracie Barra, its representatives, and employees the right to take photographs of me and my property in connection with the above‐identified membership. I authorize Gracie Barra, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Gracie Barra may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
RELEASE FROM LIABILITY AND INDEMNIFICATION (READ BEFORE SIGN)
As a member, guest, or participant at Gracie Barra ‐ $school_legal_name$, I understand and recognize that Jiu‐Jitsu is a physically demanding activity and a sport that involves physical contact and risk of physical injury. You as a member, guest, or participant hereby agree to assume the risk of injury in its regardless of the cause. As a condition of your membership and or participation, you also must agree that in the event any claim for personal injury or property damage is prosecuted against Gracie Barra Gracie Barra ‐ $school_legal_name$, its agents and employees, the member and or participant shall indemnify and hold harmless Gracie Barra ‐ $school_legal_name$, its agents, and employees from any and all such claims and causes of action.
I, for myself, my heirs, successors, executors hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS GRACIE BARRA Gracie Barra ‐ $school_legal_name$, its owners, agents, and employees, from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) and NEGLIGENCE of any kind or nature, whether foreseen or in the physical activities and self‐ defense training, whether such damages, loss, injury, paralysis or death results from NEGLIGENCE of Gracie Barra ‐ $school_legal_name$, or its agents, employees, or from some other cause. I agree that neither I, nor anyone act on my behalf, will make a claim, sue or otherwise maintain legal action of any kind against Gracie Barra ‐ $school_legal_name$ as a result of any injury, paralysis or death to me as a member, guest or participant.
In consideration of Gracie Barra ‐ $school_name$ allowing the undersigned to participate in training at the above referenced facility, I for myself, my heirs, personal representative or assigns, do hereby release, waive, discharge, and covenant not to sue Gracie Barra, it’s directors, officers, employees and agents from liability from any and all potential claims related to or resulting in personal injury or illnesses (including death) and property loss arising from any COVID-19 transmission that results from the undersigned being present at the facility and participating in the training.
Assumption of Risk:
At this time some human contact or confinement in the same location carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid COVID-19 Transmission. I have read the previous paragraph and I know and understand and appreciate these and other risks are inherent in the activity I am participating in. I hereby assert that my participation is voluntary and that I knowingly assume all such risks and while aware of these risks I have elected to be present at the facility and participate in training.
Indemnification and Hold Harmless:
I also agree to indemnify and hold harmless Gracie Barra, its directors, officers, employees and agents from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees resulting from any COVID-19 transmission that occurs from to being present at the facility and participating in the training.
Severability:
The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding:
I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I attest that I have not tested positive for COVID-19 or If I have previously tested positive for COVID-19 I have been cleared by a medical professional that I no longer carry COVID-19. Additionally, I do not have any symptoms consistent with COVID-19 and I have not had any recent contact with anyone who has COVID-19.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I hereby am purchasing a membership at Gracie Barra ‐ $school_name$, independently owned/ operated by Gracie Barra ‐ $school_legal_name$ By signing this agreement I acknowledge receipt of a fully completed copy of this agreement executed by both Gracie Barra ‐ $school_name$ and myself and acknowledge and agree to the agreement terms.
If Minor:
The undersigned parent and or legal guardian affirm that I am freely signing this agreement.
