1.Applicant agrees to timely pay the full 1 year membership fee in equal monthly payments 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 form 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 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 him/her to serious physical injury. Applicant understands and acknowledges that IRON GRIP M.A. LLC has taken every reasonable precaution to ensure the safety of all of its members. Upon request, the Applicant will furnish to IRON GRIP M.A. LLC a copy of the aforementioned physical examination. Applicant understands that during the course of his/her participant ion 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
IRON GRIP M.A. LLC in the event his/she physical condition changes during the course of his/her membership for any reason (i.e. accident, illness or other medical condition) 3. Applicant confirms his/her knowledge and understand of the policies/procedures/rules/regulations (“Rules) set forth by IRON GRIP M.A. LLC and agrees to abide by all posted Rules, and or revisions thereof. IRON GRIP M.A. LLC 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 IRON GRIP M.A. LLC’s discretion. All future additions and amendments to this Agreement, the Rules, or any waiver and release shall also apply to current members. 3. Applicant confirms that IRON GRIP M.A. LLC provided him/her the opportunity to discuss specific, individual needs to 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, grappling, sparring, 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. Applicant specifically acknowledges and accepts sole responsibility for injuries arising out of or occurring with 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.). 4. APPLICANT OR INVITEE (I.E. 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 THE APPLICANT’S PARTICIPATION IN ACTIVITIES ADMINSTERED BY/ASSOCIATED WITH IRON GRIP M.A. LLC AND INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, AND THEIR RESPECTIVE HEIRS AND ASSIGNS: EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND SUB-CONTRACTORS, BOLUNTEERS (STAFF”) AND PREMISES OWNER, DO HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE IRON GRIP M.A. LLC FROM ANY AND ALL LIABILITY FOR ANY PERSONAL INJURIES OR DAMAGES RESULTING FROM APPLICANT PARTICIPATION IN ANY OF TH ELISTED PROGRAMS’ ACTIVITIES, EITHER ON OR OFF THE FACILITY’S PREMISES, INCLUDING THOSE DUE TO ANY INTENTIONAL OR UNINTENTIOINAL ACT OF IRON GRIP M.A. LLC OR STAFF, TO THE FULLEST EXTENT PROVID ED BY LAW. 5. Applicant confirms that he/she has sufficient personal insurance (including medical and personal liability) to cover any injuries and damages suffered or cause 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 program’s activities, Applicant agrees to fully indemnify IRON GRIP M.A. LLC (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. 6. Applicant gives IRON GRIP M.A. LLC permission, free of charge , with no promise, representation or reasonable expectation of compensation, to use any photos, pictures, video, media or likeness of him/her for advertisements or marketing materials to promote martial sports, martial arts and/or fitness. 7. In consideration of the training obtained at IRON GRIP M.A. LLC, Applicant agrees that he/she will not, during the continuance of this Agreement, and for a period of five (5) years following termination of his/her association with IRON GRIP M.A. LLC engage in teaching martial arts or offering similar training or instruction with fifty (50) miles radius of any school operated by IRON GRIP M.A. LLC or its owners without the express written authorization of same. 8. Non-payment of schedule monthly payments or any amounts due in excess of 60 days shall constitute default under this agreement. If this agreement goes into default, the entire amount owed hereunder shall become immediately due and payable, litigation may be initiated to collect all amounts due or the account referred to collection agency. In the event of default in payment or breach of this agreement, IRON GRIP M.A. LLC shall be entitled to recover reasonable attorney’s fees, court costs, interest on the past due amount at the rate of 1.5% per month and a collection fee equal to 20% of the outstanding amount then due as a collection fee and not a penalty, for IRON GRIP M.A. LLC to collect any past due amounts or cure any breach. 9. Applicant acknowledges that neither IRON GRIP M.A. LLC 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 IRON GRIP M.A. LLC, superseding any other written or verbal agreement. IRON GRIP M.A. LLC 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. 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 Alabama, and
any claims arising out of this Agreement shall submit to the exclusive jurisdiction of the appropriate court of law located in and for Baldwin 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 attorneys 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.
I hereby understand and acknowledge that the training, programs and events held by Iron Grip Martial Arts LLC may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risk of injuries associated with participation including but not limited to falls, contact with other participants, the effects of the weather, including high heat and or humidity and all other such risks being known and appreciated by me.
I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. It is understood that before participating in any fitness activity, my doctor must first be consulted for personal risks/benefits.
After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Iron Grip Martial Arts LLC furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE Iron Grip Martial Arts LLC, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Iron Grip Martial Arts LLC, programs and or events.
I do hereby give Iron Grip Martial Arts LLC, its assigns, licensees, and legal representatives the irrevocable right to use my name, video, picture, portrait, or photograph in all forms and media and in all manners, including composite, for advertising, for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, which may be created in connection therewith.
By my signature, I indicate that I have read and understand this Waiver of Liability and Photo Release. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.