Migration BJJ 5406 34th Ave S, Minneapolis, MN, 55417
1. Parties- The undersigned ("Member", "Visitor" or "you") has purchased membership from Migration BJJ and by signing this agreement, agrees to all of the terms. You also agree to follow all written and posted rules and regulations now in effect and to become effective at any future date. You agree to pay all sums due for membership plans and other services purchased. You understand and agree that Migration BJJ has the right to revoke your membership and discontinue your privilege of using any Migration BJJ or affiliated facility if you fail to follow the rules and regulations, display improper conduct or default on any obligation to Migration BJJ. In such an event you will remain liable for any unpaid balance due to Migration BJJ. Your membership does not give you any rights in Migration BJJ, its management, property or operations. It is your responsibility to notify Migration BJJ of any changes in your address or phone number.
2. Classes and Contact- Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the gym and may be changed from time-to-time upon notice by the gym. The gym agrees to furnish Member with qualified Brazilian Jiu Jitsu instructors to teach and supervise classes, practice sessions and contests conducted by the gym. Member understands that during the course of instruction, Gym instructors, authorized personnel, and/or other Members will be engaged in a course of conduct requiring physical contact with the Member. He/she gives full consent to such contact as is required by the training program and classes.
3. Photos and Videos- The Member consents to the Gym taking photographs or video images while in classes or otherwise in the public premises of the Gym and hereby irrevocably grants the right to use Member's image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on the website.
4. Waiver and Liability and Release- You agree on behalf of yourself (and all personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge Migration BJJ (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Migration BJJ or any of its affiliate, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries, which may occur as a result of a) your use of any exercise equipment or facilities which may malfunction or break, b) Migration BJJ improper maintenance of any exercise equipment or facilities, c) Migration BJJ negligent instruction or supervision, including personal training, and participation in any activity, class, program, instruction or any Migration BJJ sponsored event, d) you slipping and failing while on or in the facility or any portion of the premises for any reason, including Migration BJJ negligent inspection or maintenance of its facility. I agree, for myself and my successors, heirs and assigns that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable attorney's fees) incurred by the other party or parties in defending against any such action. You agree that you are voluntarily participating in the aforementioned activities and using the Migration BJJ facilities and premises.
5. Representations- You acknowledge that neither Migration BJJ nor anyone else has made any representation or promises upon which you relied that are not stated in this agreement. Your membership allows you to use only the Migration BJJ facilities, equipment and services as shown and limited to your membership option. Migration BJJ reserves the right to charge extra fees and/or dues for your use of any facility or services not included. This document contains the entire agreement between you and Migration BJJ and replaces any previous or other written agreement, if Migration BJJ does not enforce any rights in this agreement for any reason, Migration BJJ does not waive its right to enforce it later. Migration BJJ is not obligated to repurchase any memberships. Migration BJJ reserves the right to sell membership at different rates and terms than yours, if a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. Migration BJJ reserves the right to change prices of any fees and/or dues for new and/or existing members.
6. Liability for Personal Property- Migration BJJ is not responsible for any personal property damaged, lost or stolen in or around Migration BJJ premises, including that which arises out of Migration BJJ’s negligence. If you or your guest cause any damage to Migration BJJ’s property, you are liable to Migration BJJ for the cost of repair or replacement.
7. Payment Obligation- You agree to pay the tuition chosen on the act of this agreement, whether or not you use the facilities, you still must pay your monthly payments. If you are under 18 years of age, an adult is required to sign to guarantee payment.
8. Non-use- The failure or inability of the Member to use the facilities, classes or services of the Gym for any reason, will neither relieve nor suspend the Member's obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit of membership payments.
9. Holidays- The Member understands that classes may not be held on national holidays, scheduled vacations or other times as directed by studio management.
10. Membership Cancellation Policies and Procedures for ALL Membership Types
A. Right to recession – You, the buyer, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Sundays and Holidays if you wish full refund. To cancel this agreement, send a signed and dated notice, which states that you, the buyer, are canceling this agreement. Such notice should be sent via certified mail to: 5406 34th Ave S, Minneapolis, MN 55417 or via e-mail at migrationbjj@gmail.com
B. Early Termination – If the member chooses to cancel their agreement early, tuition rates must be up to date, or prorated. A notice should be sent via certified mail to: 5406 34th Ave S, Minneapolis, MN 55417 or via e-mail at migrationbjj@gmail.com All requests for cancellation must be submitted in writing via email to migrationbjj@gmail.com
