To the best of my knowledge, I/MY CHILDREN am/are in good physical condition and fully able to participate in this course. I am fully aware of the risks and hazards connected with the participation in Brazilian Jiu-Jitsu, MMA, Wrestling, Muay Thai Kickboxing, Fitness Training, or Aerobics, including physical injury or even death, and hereby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in this course. I further certify that I am at least 18 years of age. If under 18, my parent/guardian is the below signed. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, Solidarity Mixed Martial Arts LLC., Farwell Investments, LLC, Justin Farwell, their officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted. It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of Texas. The venue for any legal action arising out of this agreement shall be the county courts at law or district courts of Denton County, Texas, except for actions where the amount in controversy is less than five thousand dollars ($5,000.00), in which case such actions may be filed with the justice of the peace court located in the precinct where the premises of Solidarity Mixed Martial Arts LLC is situated. In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
1. This is a contract. The term of this contract is twelve months. In the event that I terminate this contract prior to the expiration of twelve months, I agree to pay to Solidarity Mixed Martial Arts LLC an early termination fee in an amount equal to two months of membership dues. Upon early cancellation, I hereby authorize Solidarity Mixed Martial Arts LLC to charge any applicable cancellation fee to the credit or debit card on file. I further understand that my access to Solidarity Mixed Martial Arts LLC shall be revoked immediately upon cancellation.
2. I acknowledge understand and agree that 3 month, 6 month, or 1 year paid in full memberships are non-refundable. However, such memberships that are paid in full in advance shall not be subject to any cancellation fees.
3. I acknowledge understand and agree that payments for non-member use of the premises, private lesson, and other charges are non-refundable. I acknowledge understand and agree that failure to show up to a scheduled private lesson will result in a loss of moneys paid for that lesson.
4. I acknowledge, understand and agree all payments for membership dues and other charges authorized by me shall be debited from my bank account, debit card, or credit card once on month as selected by Solidarity Mixed Martial Arts, LLC. I acknowledge, understand and agree that all amounts paid by me are non-refundable and that I am liable in full for any chargebacks.
5. I acknowledge, understand and agree that any payment that is late, returned or declined will result in a $35 dollar returned/processing fee. I acknowledge, understand and agree that all payments are final and may not be disputed. I acknowledge, understand and agree that if I do not uphold the terms of this contract I will be sent to collections for delinquent payments.
6. I acknowledge, understand and agree, after the term of my twelve-month contract, this contract shall automatically renew on a month-to-month basis. Any person wishing to cancel their membership after the term of their contract must provide email notification to Solidarity Mixed Martial Arts, LLC not less than 30 days prior to next auto-drafted payment. I acknowledge and understand that failing to notify Solidarity Mixed Martial Arts, LLC. at the email address solidaritymmafrisco@gmail.com and within the specified time period will result in a charge for an additional month. Oral cancellations or those sent by text message will not be accepted under any circumstances. Emails are essential due to the fact that your emailed cancellation must be forwarded to the Gym Management Team.
7. Default and Acceleration Clause. Solidarity Mixed Martial Arts LLC believes that character is part of martial arts. There has been an ongoing problem with students attempting to “cancel” their contract by simply cancelling their credit card on file and no longer attending classes without so much as the courtesy of communication regarding their intentions. While rare, in the event of such a contingency, Solidarity Mixed Martial Arts LLC reserves the right at that time to declare the student in default and cause the entire balance owed by the student under the remaining term of their contract to become due and payable immediately. Simply put: if you need to cancel, pay the cancellation fee to avoid default and acceleration.
8. I acknowledge and understand and agree that clean "Solidarity Uniforms" are to be worn in all classes and competitions at all times and should I not have a clean "Solidarity Uniform" I will be required to purchase another one before attending any classes or competitions.
9. I acknowledge, understand and agree that if Solidarity Uniforms are not worn at a competition/tournament then Coaches are not obligated to, nor will they ,coach me at said tournament/competition. If you do not represent us, we will not represent you.
10. I acknowledge, understand and agree that any photos taken inside of the Academy or at a Competition can be used in Social Media post and I expressly give my permission to do so.
BY SIGNING BELOW I AGREE TO AND UNDERSTAND EVERYTHING WRITTEN ABOVE.
Cardholders Name
(Guardians name if student is under 18)
Cardholders Signature