MEMBERSHIP AGREEMENT
This Membership Agreement is between Dream Martial Arts (also referred to as “Dream”) and the Member (or the Member's parent or guardian if the Member is under 18 years of age). By signing this agreement, the Member agrees to the terms and conditions outlined below.
Term. This Agreement begins on the date that it is signed and continues on a month-to-month basis until terminated (cancelled) by either party with 14 days written cancellation notice. The Member’s cancellation request must be in writing and sent to info@dreammartialarts.com. No oral cancellations or amendments can be made.
Membership. The Member is joining Dream Martial Arts as a member and agrees to follow all rules and regulations set by the company. The Member understands that membership is personal and may not be transferred or shared with anyone else. The terms and conditions of this agreement apply to all renewals of the Member's membership with Dream Martial Arts and are in effect as long as the Member remains a member. Any renewals after the first term are covered by the Member's original signature on the first agreement.
Health and Safety. The Member will abide by the following in order to attend any and all classes and/or programs offered by the School:
- No one in the Member's household has had flu-like symptoms (including but not limited to fever, cough, runny nose, vomiting, diarrhea, etc.) within the last 48 hours.
- The Member’s household is adhering to the latest CDC guidance and recommendations regarding travel, contact tracing, quarantine and isolation.
Uniforms and Equipment. Uniforms (Gis) are required for Brazilian Jiu-Jitsu and may be purchased through Dream or any other supplier. The Member may ask an instructor for more information about Gi requirements. Equipment, seminars, camps, private lessons, etc. are additional costs and are not included with tuition or registration.
Freeze Policy. The Member may freeze their account (pause training and not be charged monthly tuition) if they have a medical injury or illness and cannot train, or need to stop training temporarily for up to two months. A doctor's note must be provided in cases of illness or injury. All freeze requests must be in writing and sent to info@dreammartialarts.com with at least with at least fourteen (14) days’ notice.
Family Discounts. Dream Martial Arts Members with other active student household family members may be eligible for discounts according to Dream's discount schedule. Discounted rates may be applicable as long as one household family member is registered at the regular membership rate. The discount rates will be based on the membership rates of each family member, with the highest discount going to the lowest membership rate and the lowest discount going to the highest membership rate. If the regular membership is cancelled, the additional membership(s) will be adjusted according to the discount schedule and policy.
Communication. To keep members informed about our programs and/or changes (e.g. weather-related scheduling updates), Dream Martial Arts may send emails and text messages to the Member. The Member consents to periodically receive informational and/or marketing text messages from Dream Martial Arts at the telephone number(s) provided in the application, including program schedule changes. Consent is not a condition of purchase or receiving a service and the Member may revoke consent to receive text messages at any time. Message and data rates may apply. The Member understands and agrees that any text message they receive may be sent by an autodialer. Our privacy policy may be found at www.dreammartialarts.com/privacy-policy.
Program Changes. Dream Martial Arts reserves the right to alter the days and/or hours of operation, curriculum, and the amount of classes the Member is entitled to attend if deemed necessary. Dream Martial Arts does not guarantee that the Member will reach a certain level of competence, which may be either delayed or accelerated due to changes in the curriculum or as deemed necessary by Dream Martial Arts. The Member agrees to pay tuition without regard to the attendance made or classes missed, until paid in full.
Fees. The Member agrees to pay Dream Martial Arts the monthly membership fee as on or before the first day of each month of the term. If the monthly fee is not paid when due, Dream Martial Arts may charge a $25 late fee for any payments not received within two weeks (14 days) of the collection date, which may be drawn automatically, if applicable. An extended delay of tuition payment may result in further collection procedures, legal action, and/or immediate termination of this Agreement with immediate notice to the Member. If a check is returned there will be a $30 insufficient funds fee added.
Termination. The Member may terminate this Agreement at any time with 14 days written notice.
Rights and Responsibilities of Dream Martial Arts. Dream Martial Arts agrees to provide the Member with access to Adult BJJ program classes as outlined in this Agreement.
This agreement shall be governed by the laws of the state of New Jersey.
If any provision of this agreement is held invalid or unenforceable, such provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether oral or written.
By their signature below, the Member indicates that they have read, understand, and agree to the terms of this Membership Agreement.
LIABILITY RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE
Dream Martial Arts (the “School”) provides instruction and live training in various martial arts and combat sports, which may include elements, whole or in part, of Brazilian Jiujitsu, Judo, wrestling, submission grappling, Mixed Martial Arts, Muay Thai, Tae Kwon Do, boxing, self-defense, and other martial arts (collectively “the Martial Arts Program”).
In exchange for participation in the Martial Arts Program organized by the School, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age) agree as follows:
I am signing this agreement, and in the process giving up certain rights that I may otherwise have, in exchange for the ability to participate in the Martial Arts Program provided by the School. I acknowledge that I have been given ample time to review this agreement and ask any related questions. And although signing this agreement is a requirement for participation in the Martial Arts Program, I am not under any undue influence, force, or compulsion to participate. I could choose to not participate at all or participate with a different training provider. However, I freely choose to sign this agreement and participate in the Martial Arts Program as described here and as modified, from time to time, by the School.
The Martial Arts Program
The Martial Arts Program involves the instruction, practice, and training at partial and full intensity of various techniques requiring intense physical contact with a partner (collectively “Intense Physical Contact”). This Intense Physical Contact may include and involve: forcible bodily manipulations of various limbs and joints, including (but not limited to) the ankle, shin, knee, thigh, wrist, forearm, arm, elbow, shoulders, back, and neck; strangles, chokes, and other force applied to the throat, neck, and arteries; body throws, tackles, slams and various other takedowns intended to forcible move a body from a standing or other vertical position to a horizontal, laying or other position on the ground which may include impact with the ground; strikes or other blows to the head or body; other intentional or unintentional bodily contact or force.
Participation in the Martial Art Program requires a partner. I acknowledge, understand, and consent to an exchange of Intense Physical Contact with my partner.
Risks Associated with the Martial Arts Program
Intense Physical Contact carries an inherent level of associated risk of severe bodily and other harm, which includes (but is not limited to): bone, ligament, and tendon breaks, ruptures and damage; loss of consciousness; blindness; temporary or permanent disability; paralysis; death; COVID-19 and other communicable or infectious disease; and other risks, both known and unknown, foreseeable and unforeseeable, and inclusive of use of the facilities and participation in internal and external competitions (collectively “Risks”). I acknowledge, understand, and freely assume the Risks involved with Intense Physical Contact and all other elements of the Martial Arts Program.
Release of Liability, Covenant Not to Sue, and Indemnification
I hereby agree to assume and take upon myself all of the Risks associated with the Martial Arts Program. In consideration of and in return for services, facilities, and other assistance provided School, its agents, instructors (including but not limited to those volunteering, those acting as independent contracts, etc.) employees, trainees, students, and members (collectively, the “School Members”), I release the School and School Members from any and all liability, claims and actions that may arise from injury or harm to me, from my death or from damage to my property in connection with the Martial Arts Program. I understand that this Release, to the maximum extent permissible by law, covers liability, claims and actions caused entirely or in part by any acts or failures to act by the School and the School Members, including but not limited to negligence, mistake, or failure to supervise.
I recognize that this Release means I am giving up, among other things, rights to sue the School and the School Members for injuries, damages, or losses I may incur while participating in the Martial Arts Program. I also understand that this Release binds my heirs, executors, administrators, and assigns, as well as myself.
Additionally, I agree to indemnify the School and School Members against any and all claims, actions, lawsuits, damages and judgments, including attorney's fees, arising out of or relating to my participation in the Martial Arts Program.
Photo Consent
I understand that the school may take photos, video or audio recordings of the students and classes for displays, advertising promotions, social media content, etc. I understand that such photos, videos or audio recordings may be used for profit, whereas the student, parent/guardian waive any rights to or compensation for appearing in such materials. I grant the school full rights to use the images resulting from the photography/video filming/audio recordings, and any reproductions or adaptations of the images for advertising, social media content, publicity or other purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases and marketing applications.
Further Agreements
I agree, should I nonetheless attempt to bring legal action or any dispute against the School or School Members on any theory and for any reason, to waive any rights that I may have to a jury trial. This means that a judge shall preside over and make all determinations regarding the dispute. I further agree that should any portion of this Agreement be unenforceable, all remaining portions shall be valid and in effect. Should this entire Agreement be unenforceable, then this Agreement shall be constructively rewritten to fit both the contract's original intent and the requirements of the court.
I have read the entire Agreement; I fully understand its terms and that I am giving up substantial rights, and I agree to be legally bound by it, and am signing freely and voluntarily without any inducements.
THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY BEFORE SIGNING.