MARCELO GARCIA BRAZILIAN JIU-JITSU LLCWaiver & Release of Liability
I hereby enroll for Martial Arts training classes with Marcelo Garcia Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, at 250w 26th St. 3rd floor New York, NY 10001.
In consideration for being permitted to participate in Martial Arts training and all other related activities conducted by Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, Marcelo Garcia Jiu-Jitsu, I, myself ,my spouse, legal representatives, heirs and assigns, hereby release, waive and discharge Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC,MGINACTION LLC, Marcelo Garcia Jiu-Jitsu, its administrators, officers, directors ,volunteers and employees, other participants (the releases) and if applicable owners and lessors of the premises on which the activities take place, from all liability (whether known or unknown) to me, my spouse, legal representatives, heirs and assigns for any and all loss or damage and any claim for damages resulting there from, on account of injury to my person, property, even injury resulting in my death, whether caused by the negligence and/or gross negligence of the releases or otherwise while I am participating in said Martial Arts training or related activities.
Furthermore I agree and covenant not to institute or prosecute, or allow to be instituted or prosecuted or in any way to aid in the institution or prosecution of any lawsuit or claim against Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, Marcelo Garcia Jiu-Jitsu located 250w 26 th St., New York, NY 10001. I hereby assume full responsibility for the risk of bodily injury, death or property damage due to the negligence of the release or otherwise while in or upon Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC,MGINACTION LLC, Marcelo Garcia Jiu-Jitsu and or while participating in Martial arts.
I agree to indemnify the releases and hold them each harmless from any and all loss, liability, damage or cost they may occur due to my presence at Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, Marcelo Garcia Jiu-Jitsu premises whether caused by the negligence of the releases or otherwise. I will indemnify, save and hold harmless each of the releases from any litigation expenses attorney fees, loss liability, damage, cost any release may incur as a result of such claim.
I warrant I will not cause or attempt to cause any injury to myself or to any other participant, instructor or spectator I represent and warrant that I have consulted a licensed physician and that I am in good health and that are no physical or mental defects that would endanger my well-being or that of other participant or instructor.
I give permission, free of charge, with no promise, representation or expectation of compensation, to use any photos, pictures, media, likeness of him/her for advertisements, instructional videos in any medium or matter, online training programs, or marketing materials to promote martial arts sports, martial arts or fitness.
I expressly agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York and if any portion thereof is held invalid, it is agreed that the balance shall , notwithstanding, continue in full legal force and effect.
I represent and warrant that I have carefully read the foregoing release and waiver and understand the contents thereof and sign this release as my own free act and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
MARCELO GARCIA BRAZILIAN JIU-JITSU LLCCOVID-19 Waiver and Acknowledgment
The novel coronavirus, COVID-19 (the virus), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is highly contagious and is spread easily from person-to-person. The federal, state and city governments have all responded with recommended guidelines concerning preferred forms of public interaction and personal contact including social distancing, wearing masks, and limiting the number of people permitted to congregate in any area.
By reading and signing this document, in addition to waiving any liability Marcelo Garcia Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC may have regarding the virus, you are expressing acknowledging your responsibility to keep our community safe.
Guided by the various government agencies, Marcelo Garcia Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, has instituted certain measures to help limit the spread of COVID-19. Marcelo Garcia Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, does not represent that these measures will in all cases prevent the spread of the virus, nor does Marcelo Garcia Jiu-Jitsu represent that it has implemented all means and methods available to prohibit contact with and/or contracting of the virus.
By signing below, I acknowledge that COVID-19 is highly contagious and I voluntarily assume the risk for myself and for them, and expressly acknowledge that I/we may come in contact with the virus while on the Marcelo Garcia Jiu-Jitsu ,Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC property.
I understand that contracting COVID-19 may result in illness, disability and /or death, and/or may result in the spread of the virus to my household, community, and beyond. I recognize and understand that exposure to the COVID-19 virus at Marcelo Garcia Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, may result from the actions, omissions, or negligence, carelessness, and recklessness of persons at Marcelo Garcia Jiu-Jitsu including but not limited to employees, members (and members’ guests). I, individually and as parent and natural guardian of my above-named child(ren) voluntarily assume the risks inherent in being on the property and the possibility of contracting COVID-19. I accept any and all responsibility for injury, illness, liability, and any expense of any kind that I may incur in connection with attendance at Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, by myself. I release, indemnify and hold harmless Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC,, Marcelo Garcia Jiu-Jitsu employees, agents, officers, governors, members, and representatives from any and all claims, liabilities, actions, damage and expenses arising out of any action stated or implied. I individually understand and agree that this release includes any claims based on the actions, omissions, or negligence, carelessness, and recklessness of the Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, its employees, agents, officers, governors, members and representatives, whether a COVID-19 infection occurs before, during or after in any visit to Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC.
In visiting Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC and using its facilities, and in interacting with other people at Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC, you are expressly acknowledging that you may be exposed to and contract Covid19. Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC is making efforts to prevent that, but you are acknowledging that those efforts are not exhaustive and do not guarantee in any manner that you will not be exposed to and contract the virus. Even with those risks, you are promising that you will personally take every effort to prevent the spread of the virus Marcelo Garcia Brazilian Jiu-Jitsu, Marcelo Garcia Jiu-Jitsu LLC, MGVJW LLC, MGINACTION LLC
MARCELO GARCIA BRAZILIAN JIU-JITSU LLCAnnual Agreement & Monthly Memberships
MEMBERSHIP FEE: Your membership fee entitles you to all the rights and privileges of membership at Marcelo Garcia Brazilian Jiu-Jitsu. You agree that by signing this contract, you are required to pay for all membership dues and on-account charges whether or not you utilize the services of the club, unless terminated within 3 business days upon signing this contract (see below). This agreement cannot be cancelled or payments withheld during the initial term. Deposits and down payments are non-refundable.Due to Covid-19 schedule restrictions - All memberships are month to month and can be cancelled at any time.AUTOMATIC OPEN RENEWAL POLICY: Upon the expiration of your initial membership term, your scheduled payments will continue to renew on a month-to-month basis in accordance with the contract terms for the rate and frequency as outlined. Your membership dues will not increase as long as your payments stay current, your credit is in good standing, and you do not apply for cancellation of this contract. Please be advised that scheduled dues payments in the open renewal period will continue indefinitely until you apply for cancellation. See below for cancellation policy and procedures. In order to terminate billing during the open renewal period, you must formally apply for cancellation of this contract in writing (see below).IF YOU CHOOSE TO CANCEL THIS CONTRACT WITHIN THE INITIAL TERM, YOU MUST: Submit written notice that states that you want to cancel your contract and must be hand delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: Marcelo Garcia Brazilian Jiu-Jitsu, 250 West 26th St, 3rd FL, New York, New York, 10001. Once we have received and confirmed your request, the membership will terminate within 3 business days of the confirmation of your request. Please see below for the full cancellation terms of your membership.CANCELLATION POLICY: You may cancel your Annual Agreement obligations if: You relocate, and your permanent residence exceeds 25 miles from Marcelo Garcia Brazilian Jiu-Jitsu. You will be required to provide proof of residence. This contract may also be cancelled in case of death. Or, if you become disabled, you shall have the option to freeze your contract for the duration of your disability or cancel your contract. You must prove such disability by a doctor’s certificate, which shall been closed with the written notice of disability sent to the school. You may also cancel your membership if Marcelo Garcia Brazilian Jiu-Jitsu ceases operation at the location where you entered into this contract. If you chose to cancel your annual membership for reasons other than described above, you will be subject to pay an early cancellation fee ($250)MEMBERSHIP FREEZE POLICY: You may only freeze your Annual membership for medical reasons or extended relocation that exceeds 25 miles from Marcelo Garcia Brazilian Jiu-Jitsu. A doctor’s certificate or letter from an employer is required to freeze your membership. You must submit written notice and supporting documents (i.e. Doctors note) to freeze your account. Once we have received and confirmed your request, the membership will freeze within 72 hours of the confirmation of your request. You may freeze your month to month membership for any month(s) you chose to not attend. We require a 30 day minimum duration freeze request which must be submitted at least 5 business days prior to your billing cycle. You will not be billed for those month(s) you request to freeze. You must submit written notice to freeze your account.IF YOU CHOOSE TO CANCEL YOUR MONTH-TO-MONTH MEMBERSHIP, YOU MUST: Submit written notice that states that you wish to cancel your contract and must be hand delivered or mailed at least 10 days prior to your billing cycle. The notice must be submitted at least 10 days prior to your billing cycle and must be hand delivered or mailed to: Marcelo Garcia Brazilian Jiu-Jitsu, 250 West 26th St, 3rd FL, New York, New York, 10001, United States. Once we have received and confirmed your request, the membership will terminate within 72 hours of the confirmation of your request.*Marcelo Garcia Brazilian Jiu-Jitsu reserves the right to alter the days and/or hours of operation, the curriculum and the amount of classes you're entitled to attend if deemed necessary. Marcelo Garcia Brazilian Jiu-Jitsu does not guarantee that you will reach a certain level of competence within any specific time frame and that students' obtaining a certain defined level of competence may be either delayed or accelerated due to changes in the curriculum or as deemed necessary by Marcelo Garcia Brazilian Jiu-Jitsu.* The student and co-signer agree unconditionally to pay the above tuition without regard to the attendance made or classes missed, until paid in full.Release and Waiver of Liability: Applicant has stated 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 further certifies that that he/she has taken a physical examination prior to the first class and has been declared physically fit to participate in all of the listed program’s activities. Applicant further understands that the activities in the listed program are physically strenuous, violent and potentially dangerous and my expose him/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. The Applicant will furnish to Management a copy of the aforementioned physical examination if they request any time off for a medical injury. 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 writing, in the event condition changes during the course of his/her membership for any reason (i.e. Accident, illness or other medical condition). *Please Note: participants must supply their own protective equipment.Applicant confirms his/her knowledge and understanding of the policies/rules/regulations set forth by Management and agree 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 any waiver and release shall also apply to current members.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 programs’ 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 or equipment. Applicant specifically acknowledges and accepts the sole responsibility for injuries arising out of or occurring within the following activities/areas: A) use of facility equipment; B) participation in fitness, martial art 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 arts, and/or other physical activity; D) within an/or adjacent to the facility (including changing rooms, showers, bathrooms, hallways, entrance ways, stairwells, etc.)APPLICANT OR INVITEE (IE. GUEST, FREE CLASS PASS, DAY PASS, TRIAL MEMBER, COUPON, USER, ETC) AND/OR THEIR RESPECTIVE PARENTS/GUARDIANS (FOR APPLICANTS/INVITEES UNDER 18 YEARS OF AGE), IN CONSIDERATION FOR APPLICANTS PARTICIPATION IN ACTIVITIES ADMINISTERED BY/ADMINISTERED BY ASSOCIATED WITH MANAGEMENT AND INCLUDING ITS OWNERS, OFFICERS, DIRECTORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS: EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND SUB-CONTRACTORS, VOLUNTEERS (“STAFF”) AND PREMISED OWNER, DO HEREBY EXPRESSIBLE WAIVE, RELEASE AND FOREVER DISCHARGE MANAGEMENT FROM ANY AND ALL LIABILITY FOR ANY PERSONAL INJURIES OR DAMAGES RESULTING FROM APPLICANT PARTICIPATION IN ANY OF THE LISTED PROGRAMS’ ACTIVITIES, EITHER ON OR OFF THE FACILITY’S PREMISES, INCLUDING THOSE DUE TO ANY INTENTIONAL OR UNINTENTIONAL ACT OF MANAGEMENT OR STAFF, TO THE FULLEST EXTENT PROVIDED BY LAW.Applicant confirms that he/she has sufficient personal insurance (including medical and personal liability) to cover and injuries or damages suffered or cause in relation to the 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 program’s 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.Applicant gives Managements permission, free of charge, with no promise, representation or expectation of compensation, to use any photos, video, media, likeness of him/her for advertisements, instructional videos in any medium or manner, online training programs, or marketing materials to promote martial art s and or fitness.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 three (3) days’ notice to Applicant.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 New York, and any claims arising out of this agreement shall submit to the exclusive jurisdiction and appropriate court of law located in the New York County. Applicant further waives his/her right for a trial by jury and the prevailing party in any dispute relations to agreement shall be entitled to recover its attorney’s 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.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.We, the student & guarantor, if applicable, on behalf of ourselves, members of our family, our heirs, executors, administrators and assigns, hereby forever release, discharge and hold harmless, Marcelo Garcia Brazilian Jiu Jitsu representatives and agents for any injury, loss, or damage to my person or property howsoever caused, arising out of or in connection with my taking part in martial arts classes and activities and notwithstanding that the same may have been contributed to or occasioned by the negligence of Marcelo Garcia Brazilian Jiu Jitsu representatives or agents. Marcelo Garcia Brazilian Jiu Jitsu is not responsible for lost or stolen items.I have read and fully understand the contents of this document. I verify that the above financial information is accurate and understand that my monthly dues (and other fees as applicable) will be drafted each month following the terms and conditions of my membership agreement.
Student (Parent / legal guardian if under 18):