Waiver of Liability and Assumption of Risk Agreement
Waiver: In consideration of Midwest Martial Arts LLC, DBA - Gracie Barra Novi ("Gracie Barra") 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, including arising from any COVID-19 transmission, that results from the undersigned being present at the facility and participating in 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.
I understand that my child(ren) will be involved in athletic activities that carry with it a risk of bodily injury. I understand that my child(ren) will be in the care of other individuals while I am not at the facility. I will provide an emergency phone number where I may be reached during my child(ren)'s class. If my child suffers an emergency situation and I am not able to be reached, I give permission to the staff and employees of Gracie Barra Novi to call 911 on my behalf. I will assume all costs and responsibilities should emergency services be contacted on behalf of my child.
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 injury or illness, including COVID-19 transmission, that occurs from to being present at the facility and participating in training.
Severability: The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement 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.
The Business shall not be liable for any loss or theft of my personal property even if such personal or property injuries, damages, loss or theft, are due to negligence, fault or failure to use due care on the part of the Business.
I hereby consent to the Business taking photographs or video image of me while in classes or otherwise in the public premises of the Business and hereby irrevocably grant the right to use my 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.
DEFAULT AND LATE PAYMENT: Should you default on any payment obligation as call for in this agreement, the entire remaining balance shall be deemed due and payable upon demand, including, but not limited to, collection agency fees, court costs and attorney’s fees. Should any payment become more than 10 days past due, you will be charged a late fee of $25 to cover additional administrative expenses and other expense related to obtaining your payment, and there will be a $35 charge on all returned checks. A fee can be automatically charged for all returned payments. FURTHER, I UNDERSTAND THAT FAILURE TO ATTEND CLASSES DOES NOT RELIEVE ME OF MY OBLIGATION TO PAY THIS CONTRACT IN FULL, REGARDLESS OF THE CIRCUMSTANCES.
Membership cancellation requires a 1 month notice. All cancellation requests or membership modification requests MUST be sent to: memberships@gbnovi.com.
CANCELLATION POLICY
By signing below, I hereby accept that I am purchasing a gym membership that requires a 1 month cancellation notice. I grant permission for Midwest Martial Arts, LLC (dba Gracie Barra Novi) to immediately collect the final 1 month of tuition upon my cancellation request.
CANCELLATION NOTICES MUST BE SENT TO: memberships@gbnovi.com
THE OFFICIAL CANCELLATION DATE IS THE DATE THE CANCELLATION EMAIL IS RECEIVED. VERBAL COMMUNICATION OF CANCELLATION IS NOT CONSIDERED A FORMAL NOTICE. WRITTEN DOCUMENTATION IS REQUIRED.
The cancellation fee is based on the cost of the regular tuition of the students program over the prior 2 months. Students are eligible and encouraged to train during the 2 months cancellation period. Cancellation of your electronic transfer funds does not release you from your contractual obligations.
FURTHERMORE, I UNDERSTAND THAT MY MEMBERSHIP IS CONTIGUOUS FROM INCEPTION TO CANCELLATION, AND THE BUSINESS IS NOT OBLIGATED TO PROVIDE ANY TEMPORARY REDUCTION OF MEMBERSHIP FEES DUE TO TRAVEL, INJURY, WORK SCHEDULE, FAMILY OBLIGATION, OR ANY OTHER REASON THAT MAY NOT ALLOW ME TO BE PRESENT FOR CLASS.
I understand that I am in full control of my payments, and if at any time I decide to discontinue the Electronic Funds Transfer payment method, I will simply notify of my new method of payment with 5 days notice. CANCELLATION OF PAYMENT METHOD DOES NOT RELIEVE ME OF MY DUTY TO PAY THE MEMBERSHIP FEES IN FULL.
Signature of Client. If Minor: The undersigned parent and or legal guardian affirm that I am freely signing this agreement.