Applicant, in consideration for receiving membership with Black Label Jiu Jitsu LLC, dba American Top Team Lowcountry (also referred as “Management”),
hereby agrees to be found by and adhere to the terms and conditions of this membership agreement (“Agreement”) as follows:
1. Applicant agrees to timely pay, in full, membership fee as stated in the Agreement.
2. Applicant represents and warrants that he/she is in good health and has no physical or mental disability, impairment or pre-existing condition that may otherwise prevent him/her from safely participating in the listed program’s activities. Applicant certifies that he/she has taken a physical examination prior to the first class and has been deemed physically fit to participate in all of the listed program’s activities. Applicant further understands that the activities involved in the listed program are physically strenuous, violent and potentially dangerous and may expose his/her to serious physical injury. Applicant understands and
acknowledges that Management has taken every reasonable precaution to ensure the safety of all of its members. Upon request, the Applicant will furnish, to Management, a copy of the aforementioned physical examination. Applicant understands that during the course of his/her participation in the listed program activities, if any medical related concerns do arise, he/she should consult with a physician before continuing said activities. Applicant further agrees to
immediately notify Management in the event condition changes in the course of his/her membership for any reason (i.e. accident, illness or other medical condition).
3. Applicant accepts and assumes such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however
caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. Applicant confirms his/her knowledge and understanding of the policies/procedures/rules/regulation (“Rules”) set forth by Management and agrees to abide
by all posted Rules, and /or revisions thereof. Management reserves the right to amend, change or institute new Rules at its own discretion and said new Rules shall become immediately binding on Applicant. As these Rules must be enforced to ensure the safety and security of all members and Staff, Applicant’s failure or refusal to abide by these Rules shall result in the loss of membership privileges or Staff position without refund reimbursement or other return of money subject to Management’s discretion. All future additions and amendments to this Agreement, the Rules or waiver and release shall also apply to current
member. American Top Team reserves the right to cancel Membership at any time during this Agreement. All students and instructors will abide by a non-compete while attending American Top Team. If an instructor leaves and is replaced, there will be no refund.
5. Applicant confirms that Management provided him/her the opportunity to discuss specific, individual needs in the relation to the listed program’s activities; and, based on the foregoing, Applicant voluntarily requests the right to participate in the listed program’s activities (including, but not limited to exercise fitness, self-defense, martial arts and martial sports). Applicant further acknowledges the existence of risks in connection with these activities, assumes such risks and agrees to accept sole responsibility for any injuries he/she may sustain or cause by his/her participation in said activities, including injuries sustained in or by
the use of the facilities and/or equipment and assumes 100% of any and all medical costs which may incur at the facility. Applicant specifically acknowledges and accepts sole responsibility for injuries arising out of or occurring within the following activities/areas: A) use of facility equipment; B) participation in fitness, martial sports and/or martial arts related evaluations, initial or follow up; C) participation in group activities, personal training or semi-private training related to exercise, martial sports, martial arts, and/or other physical activity; D) within and/or adjacent to the facility(including changing rooms, showers, bathrooms, hallways, entrance ways, stairwells, etc.)
6. Applicant and Invitee (i.e. guest, free class pass, day pass, trial member, coupon user, etc.) and/or their respective Parents/Guardians (for applicant/invitees under 18 years of age), IN CONSIDERATION FOR APPLICANT’S PARTICIPATION IN ACTIVITIES ADMINISTERED BY/ASSOCIATED WITH MANAGEMENT AND INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, AND SUB-CONTRACTORS, VOLUNTEERS (“STAFF”) AND PREMISE OWNER, DO HEREBY EXPRESSLY FOREVER 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 MARTIAL ARTS ACTIVITIES REGARDING THE MARTIAL ARTS FACILITY OR EVENTS HELD AT SUCH FACILITY AND EACH OF THEM, THEIR DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVE, ASSIGNS, EXECUTORS, HEIRS AND NEXT TO KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE, INCLUDING THOSE DUE TO ANY INTENTIONAL OR UNINTENTIONAL ACT OF MANAGEMENT OR STAFF, TO THE FULLEST EXTENT PROVIDED BY LAW.
7. Applicant confirms that he/she has sufficient personal insurance (including medical and personal liability) to cover any injuries or damages suffered or caused in relation to Applicant’s participation in the listed programs’ activities. In the event an insurance claim must be made in relation to Applicant’s participation in the listed programs’ activities, Applicant agrees to fully indemnify Management (including its owners, officers, directors and their respective heirs and assigns) for all costs and expenses not otherwise covered by his/her personal insurance policy or carrier, including any of the Applicant’s foregoing
representations or warranties that prove to be false or misleading.
8. Applicant gives Management permission, free of charge, with no promise, presentation or reasonable expectation of compensation, to use any photos, pictures, videos, media or likeness of him/her for advertisements or marketing materials to promote martial sports, martial arts and/or fitness.
9. Applicant acknowledges that neither Management nor Staff has made any representations or promises upon which he/she relied that are not otherwise stated in this Agreement, and this document constitutes the entire agreement between Applicant and Management, superseding any other written or verbal agreement. Management further reserves the right to change, amend or revise the terms of this Agreement at its own discretion, the effect of which shall occur upon (3) days’ notice to Applicant. Contract in non-transferable.
10. The validity and construction of this Agreement and of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of South Carolina, and any claims arising out of this Agreement shall submit to the exclusive jurisdiction of the appropriate court of law located in and for Charleston County. Applicant further waives his/her right to a trial by jury and the prevailing party in any dispute relating to Agreement shall be entitled to recover its attorney fees and costs incurred. In the event any provision of this Agreement is deemed invalid and/or unenforceable by a court of law, said part shall be voided, with all other provisions retained and the resulting agreement shall remain in full force and effect.
11. Applicant may cancel this Membership Agreement and any related Installment Sale Contract by sending notice of your wish to cancel to Management before midnight of the third business day after you sign the Membership Agreement. 'Business day' means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail to the following: American Top Team Lowcountry, 1850 Wallace School Rd, Charleston, SC 29407, Management shall return any payments made and any note or other evidence of indebtedness, within thirty days of receipt of this notice. If you use
Management’s facilities or services, a reasonable fee will be charged based on days of actual use. In addition, you or your estate may also cancel this Membership Agreement and any related Installment Contract at any time by written notice to Management at the above address if the following circumstances occur. (1) the Applicant's death; (2) substantial physical disability certified by a physician, which makes it permanently impossible for the customer to use Management’s services; (3) the Applicant’s permanent relocation over fifty (50) miles distance from an outlet operated by Management (update driver’s license
as proof of new address required), if Management is unable to arrange for the customer's use of another facility with equivalent major facilities and services.
Management may require presentation of information to substantiate that one of these circumstances has occurred. If the Membership Agreement and any Installment Sale Contract are cancelled because of disability, death or permanent change of residence, Management shall return any note or other evidence of indebtedness and unearned prepayments as follows: for each month that the Membership Agreement was in effect, Management is entitled to the rate a month which it would have been charged if the Membership Agreement has initially been one for the number of months or the number of treatments for which the Membership Agreement was actually in effect. A mandatory $68 fee is required for all cancellations. The rate is to be determined from a fee schedule in effect on the date of the Membership Agreement. (c) The right of cancellation shall affect only the financial obligations under the Membership Agreement and any Installment Sale Contract and Applicant's right to use Management's training services.
12. Applicant confirms that by his/her signature below, he/she has carefully reviewed this Agreement, understands its terms and conditions and agrees to abide and be bound by same. Signature of parent/guardian also permission of other parent/guardian indemnifies in all including legal recourse.