It is my intention (or the intention of a minor of whom I am their parent or legal guardian) to participate in martial arts training, programming, and/or events provided or hosted by De Morais Academy LLC d/b/a Gracie Barra Stoneham ("GBS"). In consideration of such participation, on behalf of myself and any minor participant named below, I hereby register as a GBS member and agree and acknowledge as follows:
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. A charge of $25 will be made for any checks returned due to insufficient funds. I acknowledge that it is my responsibility to inform GBS of any changes in my billing/payment information PRIOR to the date my membership fee is charged. I acknowledge that if I do not notify GBS and my payment is declined and not paid within the 5-day grace period, I will be charged a late fee automatically.
By signing this agreement, I authorize GBS to bill my credit card to collect my $payment_period$ membership fee as stated in this contract.
COOLING OFF PERIOD
"I, the student, may cancel this agreement at any time prior to the midnight of the fifth business day of the GBS after the date of this agreement, excluding Sundays and holidays. I acknowledge that to cancel this agreement, I must email, mail or deliver a signed and dated notice that states that you, the student, are canceling this agreement, or words of similar effect. The notice shall be sent to Membership Department at GBS or emailed to info@gbstoneham.com.
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 MY 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:
I understand that I may freeze my account for up to 8 weeks a year. To do so, I must send GBS a written notice requesting the freeze. Upon receipt of such notice, my membership will be frozen immediately and during the period, my credit card on file will be billed $10 $payment_period$, on the date agreed upon in my original membership agreement, in place of the full tuition amount until the freeze period ends.
MEMBERSHIP CANCELLATION:
I understand that I have the right to cancel my membership with 30 days notice, for any reason.
To be effective, my cancellation request must be in the method of a written notice and acknowledged by GBS.
ALL DELINQUENT PAYMENTS AND FEES MUST BE PAID PRIOR TO A MEMBERSHIP FREEZE OR CANCELLATION OF ANY KIND CAN BE APPROVED.
FACILITIES
GBS reserves the right to alter the days, hours of operation and classes if deemed necessary to better fit student needs. I shall be permitted to use any Gracie Barra Facility “Jiu Jitsu Programs” according with its visitor student policy, without any extra fee.
PERMISSION TO USE PHOTOGRAPHY
By accepting this agreement, I grant to GBS, its representatives, and employees the right to take photographs of me and my property in connection with the above‐identified membership. I authorize GBS, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that GBS 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 GBS, I understand and recognize that Jiu‐Jitsu is a physically demanding activity and a sport that involves physical contact and risk of physical injury. I as a member, guest, or participant hereby agree to assume the risk of injury in its regardless of the cause. As a condition of my membership and or participation, I also agree that in the event any claim for personal injury or property damage is prosecuted against GBS, its agents and employees, I shall indemnify and hold harmless GBS, its agents, and employees from any and all such claims and causes of action.
I, for myself, my heirs, successors, personal representatives and assigns hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS GBS, 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 GBS, 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 GBS as a result of any injury, paralysis or death to me as a member, guest or participant.
In consideration of GBS allowing me to participate in training at its facility, I for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge, and covenant not to sue GBS, its 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 or other disease transmission that results from the undersigned being present at the facility and participating in the training.
The foregoing supplements, and is not intended to replace, my agreement to and execution of GBS's Release and Waiver of Liability and Indemnity Agreement.
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 or other disease 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 and confirm 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 GB, 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 or other disease transmission that occurs from to being present at the facility and participating in the training.
Severability:
I further expressly agree 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 Commonwealth of Massachusetts 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 within 3 months or, if I have previously tested positive for COVID-19 within 3 months 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 GBS. By signing this agreement I acknowledge receipt of a fully completed copy of this agreement executed by both GBS 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.