Membership Agreement


This Membership Agreement (this “Agreement” or “Contract”) is between Universal Jiu Jitsu LLC dba Kuzushi Club Atlanta Jiu Jitsu (the “Business”) and (the “Client”) dated (the “Effective Date”).

  1. MEMBERSHIP PLANS AND EARLY TERMINATION BY THE CLIENT

This Agreement commences on the Effective Date and shall either (i) be effective for 12 months (“Yearly Plan”) OR (ii) be on a month to month basis (“Month to Month Plan”).

If the Client chooses to be on a Yearly Plan, the payment is $179.99[1] per month plus $100 initiation fee. If the Client wishes to cancel a Yearly Plan, the Client must:

  1. provide the Business with written notice of cancellation within sixty (60) days and pay 20% yearly contract amount; or
  2. provide the Business with written notice of cancellation within forty-five (45) if cancelling due to a medical condition with documentation from a medical professional that the Client is deemed unable to exercise and pay 10% of yearly contract amount;
  3. provide the Business with written notice of cancellation within thirty (30) days of the end of the Yearly Plan period; or
  4. provide proof of United States of America military deployment.

If the Client chooses to be on a Month to Month Plan, the payment is $199.99 per month plus $150 initiation fee. If the Client wishes to cancel a Month to Month Plan, the Client must provide the Business with written notice of cancellation within sixty (60) days only after being on a Month to Month Plan for two (2) months. In such a scenario, billing shall end on the following first of the month.

Regardless of whether the Client chooses to enroll in the Yearly Plan or the Month to Month Plan, the monthly membership fee and the initiation fee are due to be paid to the Business up front- before the Client may utilize the services of the Business.

Once the Yearly Plan expires at the end of the 12-month period, the plan shall become a Month to Month Plan.

The Client may request a full refund within seven (7) days of enrollment.

The Client may request a freeze in writing of their membership for one month for a payment of $10. Such freeze can be extended to three months upon documentation from a medical professional to state that the Client medically requires such a freeze. If a Client requests a freeze on a Yearly Plan, any such freeze will extend the term of the Yearly Plan.

The Client’s membership includes visitation rights to any other World Gym locations without cost for fourteen (14) days.

The Client understands that:

  1. pricing may change at any time without any notice, at the sole discretion of the Business;
  2. membership fee as outlined in this Contract does not include any additions such as childcare, towel service, locker service, etc.
  3. the fee for each lost card is $5, and the Client must scan in with card or phone upon each visit.
  4. STATEMENT OF SERVICES

For and inconsideration of the Client’s agreement to pay the membership fees outlined in Section 1, the Business agrees to provide the Client with instruction and training in martial arts including, but not limited to Jiu Jitsu for the purposes of self-defense, fitness, and/or competition. The foregoing instruction and training will be provided during regularly scheduled weekly classes along with periodic camps, clinics, seminars, and other instructional or training events, as the Business sees fit.

  1. AUTOMATIC DEBIT

To ensure timely payment of fees as outlined in Section 1 and other sums due and payable under this Contract, the Client agrees and authorizes the Business to automatically charge the Credit or Debit Card account specified to the Business.

  1. DELINQUENT PAYMENTS

In the event that an automatic debit from the Client’s designated account is declined or dishonored, or if the Business does not receive timely payment for any reason, the Client will be given notice of the deficiency and nine (9) days to cure the deficiency by paying the Business all membership fees and other sums due and payable. If a payment becomes ten (10) or more days past due, the Client will become delinquent under this Agreement. The Client will pay the Business a late fee of $40.00 in addition to the membership fees or other sums due and payable. The occurrence of a third delinquency within a 12-month period shall constitute an event of Default, which will give rise to the remedies stated in Section 5 below.

  1. DEFAULT

The occurrence of any of the following shall constitute an “Event of Default” under this Agreement:

  1. the Client’s failure or refusal to pay membership fees or any other amount due and payable under this Agreement;
  2. a third payment delinquency within a 12-month period;
  3. a deliberate violation or reckless disregard by the Client of any rule concerning the Client’s attendance or participation in the instruction or training provided by or on behalf of the Business;
  4. any intentional or reckless act by the Client which results in unwelcomed, harmful/offensive physical contact with another person while on the Business’s premises;
  5. any statement or conduct by the Client which is intended or has the tendency to harass, threaten, or intimidate another person while on the Business’s premises; and
  6. any intentional or reckless act by the Client which damages any real or personal property owned or controlled by the Business.
  7. DELINQUENT PAYMENTS

Upon the occurrence of any Event of Default described in Section 5, the Business may, in its sole discretion, elect to terminate this Agreement. Should the Business elect to terminate this Agreement due to the occurrence of an event of Default, the Client shall not be permitted to attend or participate in any instruction or training offered by the Business, and the Client shall pay the Business all unpaid membership fees and other sums due and payable under this Agreement. In addition, the Client agrees to pay the Business, as liquidated damages, an amount equal to fifty percent (50%) of all remaining monthly membership fees due for the remainder of the current term.

The Business’s decision not to terminate this Agreement in response to an Event of Default shall not function as an acquiescence or approval of the conduct constituting the Event of Default. The Business’s decision not to terminate this Agreement in response to an Event of Default shall not preclude the Business from exercising its right to terminate this Agreement in response to a subsequent Event of Default.

The provisions of this Section shall have no prejudice or effect on the Business’s right to seek all available legal or equitable remedies for harms or losses related to or arising out of an Event of Default.

  1. EARLY TERMINATION BY THE BUSINESS

In addition to the right of termination described in Section 6, the Business reserves the right to terminate this Agreement at any time and for any reason the Business deems appropriate in its sole discretion. If the Business elects to terminate this Agreement pursuant to this Section, the Client shall only be required to pay monthly membership fees and other sums which have become due and payable as of the termination date.

  1. THE CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF THE RISK

The Client recognizes, understands, and acknowledges that the instruction and training to be provided by the Business under this Agreement necessarily involves physical contact, which carries inherent risks of bodily injury that may result in temporary or permanent disability or even death. The Client further acknowledges that some risks associated with jiu jitsu and similar instruction are known, while other risks may be unforeseeable or unanticipated. The Client hereby knowingly and voluntarily assumes the forgoing risks and accepts personal responsibility for all economic and non-economic damages related to or arising out of any injury sustained by the Client in the course of the instruction or training provided by or on behalf of the Business under this Agreement.

The Client’s Initials:

  1. THE CLIENT’S REPRESENTATIONS CONCERNING HEALTH & FITNESS

The Client recognizes, understands, and acknowledges that the instruction and training to be provided by the Business under this Agreement involves strenuous physical activity and exertion. The Client hereby represents that, to the best of the Client’s knowledge and belief, the Client is in good health and physical condition and not suffering from any illness, injury, or other medical condition which might interfere with or prohibit the Client’s attendance or participation in the instruction and training contemplated in this Agreement. The Client further acknowledges that the Client has been advised to consult with a physician regarding any concerns he Client may have about the Client’s ability to participate in instruction and training provided by the Business without unreasonable risk of harm or injury.

  1. WAIVER AND RELEASE OF LIABILITY CLAIMS

The Client hereby waives, releases, and discharges the Business from any and all liability to the Client which may arise out of any claim, grievance, complaint, or cause of action for personal injury, property damage, or wrongful death stemming from the Client’s attendance or participation in instruction or training provided by the Business, the Client’s use or presence upon premises owned, occupied, or controlled by the Business, or any allegations of simple negligence on the part of the Business.

The Waiver and Release granted by the Client to the Business in this Section 10 shall extend and apply to all of Business owners, directors, officers, agents, managers, employees, and contractors. The Waiver and Release granted by the Client to the Business in this Section 10 shall pass and inure to the benefit of the Business’s associates, affiliated organizations, assigns, and successors-in-interest.

The Waiver and Release granted by the Client to the Business in this Section 10 shall pass to and be binding upon the Client’s guardians, conservators, heirs, executors, administrators, assigns, and successors-in-interest.

The Client’s Initials:

  1. INDEMNITY AGREEMENT

The Client hereby agrees to indemnify and hold harmless the Business and all of its owners, directors, officers, agents, managers, employees, and contractors from and against any and all claims related to or arising out of the Client’s attendance or participation in martial arts instruction or training provided by the Business or the Client’s use or presence upon premises owned, occupied, or controlled by the Business.

  1. THE CLIENT IS NOT AN AGENT OF THE BUSINESS

The Client recognizes, understands, and acknowledges that the Client nor any other client of the Business is a principal, agent, manager, or employee of the Business. The Business is not liable or responsible for personal injuries or property damage caused by any act or omission of any client of the Business. Further, no client of the Business has authority to make statements or take actions on behalf of the Business including, but not limited to, entering into binding legal contracts or agreeing to alter, modify, or amend existing contractual arrangements, including this Agreement.

  1. CONSENT TO USE OF IMAGES DEPICTING THE CLIENT

The Client hereby agrees and consents to the Business’s use of photographs or video recordings which may depict the Client attending or participating in instruction or training provided by the Business for the purposes of sales, promotion, publicity, advertising, or marketing through any communication media such as television channels and Internet webpages, including social media platforms.

The Client’s Initials:

  1. ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding between and among the Business and the Client. This Agreement supersedes all prior and contemporaneous agreements or understandings, express or implied, oral or written, of any nature whatsoever with respect to the matters addressed in this Agreement.

  1. MODIFICATIONS TO AGREEMENT

This Agreement may only be subsequently modified, altered, or amended in writing signed by both the Business and the Client.

  1. CHOICE OF LAW

All issues or disputes arising out of or related to this Agreement, or the rights or obligations created by this Agreement, shall be decided and resolved in accordance with the laws of the State of Georgia.

  1. SEVERABILITY

If any provision or part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, only that particular provision or part will be inoperative. All remaining provisions or parts of Agreement shall remain valid and enforceable.

MEMBERSHIP AGREEMENT - THE FOREGOING REFLECTS THE MEMBERSHIP AGREEMENT FORMED BETWEEN THE BUSINESS AND THE CLIENT AND IS ENTERED INTO AS OF THE EFFECTIVE DATE STATED ABOVE.

[Signature Page Follows]

 

 

This Agreement may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.

By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.

 

Universal Jiu Jitsu LLC dba Kuzushi Club Atlanta Jiu Jitsu, as the Business

 

 

[1] Client may qualify for a discounted Yearly Plan membership price of $164.99 monthly plus $100 initiation fee. Please consult with the Business for details.

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Signed by Stuart Wolf
Signed On: May 31, 2023


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Document name: Membership Agreement
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May 31, 2023 5:38 pm EDTMembership Agreement Uploaded by Stuart Wolf - kuzushiclubatl@gmail.com IP 24.99.150.236
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