Membership Agreement AND Liability Waiver

Legacy Army LLC, D.B.A. Elevation Martial Arts 

366 w Taft Vineland rd, Orlando, FL  32827

This agreement is between Legacy Army LLC, DBA Elevation Martial Arts (the company)

and  (the Student, parent or legal guardian if applicable), Address: , , city:, state: - , Date of Birth:  (lf a trial program is enacted at the start of this membership, the following agreement will act as a governing convenience for both the trial and primary membership)

1. MEMBERSHIP DETAILS

Billing Cycle: Monthly

Start Date: Signing date of this agreement

2. STUDENTS UNDER THIS AGREEMENT

I hereby certify that I am responsible and have the signing power for all students under my plan or Family plan and that they are also under all clauses in this document.

3. INCLUDED IN MEMBERSHIP

3.1 TERMS: This contract is entered into and signed with Student's complete understanding and acceptance of LA Rules and Regulations as noted herein. Student further agrees to abide by said Rules and Regulations as well as other Rules and Regulations currently governing LA now or as changed in the future. Violation of these rules may result in suspension or cancellation of this Agreement with no refund due. THIS CONTRACT IS EFFECTIVE UPON SIGNING AND CANNOT BE CANCELED BY STUDENT EXCEPT AS PROVIDED HEREIN.

3.2 CONSUMER'S RIGHT OF CANCELLATION: Student may cancel this contract without penalty or obligation within three (3) business days, exclusive of holidays and weekends, from the contract date; upon written proof of a permanent change in residence of more than twenty five (25) miles from any affiliated area, upon proof of the death of the Student; upon a state certified physician's (MD or DO) written orders in the event Student should become physically unable ever again to make use of a substantial portion of the offered services (i.e. permanently disabled); or if all services cease to be offered as listed in this contract. These are the only conditions in which there is no fee or further obligation for cancellation.

3.3 TEMPORARY DISABILITY: Upon the presentation by of a state certified physician's (MD or DO) written orders of temporary disability in which student is unable to make use of a substantial portion of the offered services during the term of the same, the Term of this Agreement will extend for the amount of time in which Student is temporarily disabled, with no Freeze Fee or tuition/fees due during the term of Temporary Disability.

3.4 FREEZE POLICY: Student has the option to freeze their account for a period of no longer than sixty (60) days total, for a one time cost of $10.00, by following the instructions and completing the form upon request via email at: support@elevationma.com During the 60-day freeze term, no tuition or other fee, aside from the $10.00 freeze fee, is due. The Term of this Agreement is then extended accordingly by 60 days or the amount of frozen days used below 60.

3.5 CANCELATION: Cancellation for any and all other reasons not referenced above: The student may cancel this agreement by providing 60 days' notice of intent to do so by following the instructions and completing the form upon request via email at: support@elevationma.com Under any and all circumstances, The student is liable and responsible for making the agreed tuition payments during the 60 days remaining on this Agreement after notice of cancellation.

3.6 HOLD HARMLESS AGREEMENT: In consideration for participation in Elevation MAs Jiu-Jitsu programs, participants agree to release and hold harmless Elevation MA, its instructors, and affiliates from any liability for injuries, damages, or losses incurred during or as a result of participation in Jiu-Jitsu activities.

3.7 INDEMNIFICATION: Participants further agree to indemnify and defend Legacy Army LLC, its instructors, and affiliates against any claims, including those arising from negligence, related to their participation in Jiu-Jitsu activities

4. CLASSROOM POLICIES:

4.1 UNIFORMS:

AII students must wear approved Elevation MA gear during classes

For children, student Gi's must be Elevation MA brand. No outside Gi's will be allowed in class

For Adults, LA brand Gi's are preferred, but students may use outside brands as long as Elevation MA Patches are affixed to the outside (no competitor Gi's will be allowed even with a Elevation MA patch) (Approved Gi colors, WHITE, BLUE, BLACK, PINK)

For both children and adults, a Elevation MA shirt and rash-guard must be worn under the Gi at all times For NO-GI training students must wear an approved Elevation MA shirt or rash-guard

lf any of these policies are violated, the student must head to the pro shop or front desk and a member of the Elevation MA team will help said student get ready for class

4.2 MAT ETIQUETTE:

Students must remove shoes and socks before stepping on the mat

Students must bow before entering and exiting the mats to show respect to the founding fathers of the sport and teammates

lf a student needs to leave the mat to go to the restroom, take a phone, call, etc. he or she must put their shoes back on before walking around. lf a coach sees a student without shoes on outside the mats the coach can ask the student to clean their feet before returning to training on the mats

Lower belts are responsible for moving if they bump into a higher belt while drilling or rolling. For example (2 white belts bump into 1 blue belt and 1 white belt, the 2 white belts move. lf 2 brown belts roll into a black belt training with a white belt, the 2 brown belts move... always the lower rank moves)

Please do not leave any personal items on the mats

4.3 WHAT WE CALL "COMMON SENSE" POLICIES:

lf you are sick or feel under the weather, DO NOT COME INTO CLASS! Respect your fellow training partners and do not spread your sickness. Wait until you feel better

Please make sure that all Gi's, Rash-guards, shirts, etc. are clean and free of any offensive orders before training

Please wear deodorant, don't be that "AII Natural" guy. Everyone here will thank you

Please brush your teeth, grab a mint, chew a piece of gum, something before coming to class. Don't go eat a double stuffed Dorito Chalupa from Taco Bell 5 min before training. Keep your breath fresh

Make sure all fingernails and toenails are clean and cut neatly. These can cut fellow training partners while drilling and rolling.

4.4 BEHAVIOR AND SAFETY OUTSIDE THE MAT:

The student or the parent/guardian of the student (If applicable) is responsible for maintaining a good behavior and taking care of the student's safety outside the mat. We are NOT responsible for belongings or Minors left alone and unattended outside the mat area. Please keep your belongings and your child safe and under your watch at all times.

5. DEFAULT AND LATE PAYMENT: 

The Student hereby authorizes the company or its agents and/or assigns to electronically deduct/process on or after the due date for each consecutive billing cycle tuition payments directly from the provided bank or credit/debit card accounts according to the terms of this agreement and to resubmit returned/declined items without prior notice. This payment information will be used to collect any balances past due according to the terms. Student further acknowledges that the utilization of the services of a third-party payment processing collection company, and any outstanding owed balance(s) may be reported to the appropriate credit bureau. Student also agrees not to back charge any transactions to their credit/debit card company

Any payments not received within 14 days of the above collection date will result in a $25 Late Fee, which may be drawn automatically if applicable

Any rejected payments will result in a $30 Non-Sufficient Funds Fee, which may be drawn automatically if applicable Should Student not pay the tuition after the 14th day of each month in which it is due, the Student is considered to have defaulted on the entire Agreement, the entire remaining balance shall be deemed due and payable upon demand, with allowable interest, along with any and/or all costs of collection, including, but not limited to, collection agency fees, court costs and attorneys' fees.

Student agrees to waive any rights to publish negative/derogatory reviews via online & social media. The violation of this waiver will result in immediate termination of this Agreement with no refund or money due to Student. Student agrees to only wear, and/or use if applicable, approved Elevation MA clothing, gear, and/or equipment. AII approved clothing must bear the proper Elevation MA logo. Any and all clothing, gear, and/or equipment purchased online from an independent website, retailer, or other distributor cannot be used in the participation of the selected Program(s) without the express consent, in writing via letter, email, text, of Elevation MA to Student of the approval.

Elevation MA reserves the right to refuse service and participation to Student in the selected Program(s) if this provision is violated and not strictly adhered to. Student agrees to strictly adhere to all rules and regulations disclosed by Elevation MA as part of this Agreement, and failure to strictly adhere to the same will result in refusal of service and participation to Student in the selected Program(s), with possible termination of this Agreement without penalty, until remedied to Elevation MA's satisfaction. Elevation MA 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. Elevation MA 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 Elevation MA 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.

6. WARNING, WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK

6.1. Recognize and understand that martial arts training is an activity that involves physical contact and that my participation might result in serious injury, including permanent disability or even death, and severe social and economic loss.

6.2. Recognize and understand that such risk may be due to not only my own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.

6.3. Recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.

6.4. Agree to inspect the facilities, equipment and pairings prior to participation. I will immediately inform an instructor if I believe that anything is unsafe or beyond my capability and refuse to participate.

6.5. Assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.

6.6. Enter martial arts training and/or competition entirely of my own free will and understand the importance of following the rules of training and competition.

6.7. I certify that I am in good physical condition, and have no disease, injury or other condition that would impair my performance or physical and mental well-being during intense training practice and/or competition.

6.8. Grant permission in case of injury to have a doctor, nurse, athletic training or other emergency medical personnel provide me with medical assistance or treatment for such injury.

6.9. Release, waive, discharge and covenant not to sue, LEGACY ARMY LLC. (D.B.A. Elevation MA), its affiliated organizations and governing bodies, their officers, instructors and personnel, other members of the organizations, participants, supervisors, coaches, sponsoring organizations or their agents, and if applicable, owners and tenants of the premises from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses and damages which may be sustained and suffered on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releases or otherwise.

I HAVE READ THE ABOVE WARNING, WAIVER, RELEASE, AND ASSUMPTION OF RISK. I FULLY UNDERSTAND ITS CONTENTS, AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HEREBY SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.

7. PHOTO RELEASE

I grant permission to Elevation MA and its agents or employees, to use photographs taken of me or my minor child/children in classes or events of Elevation MA. for use in publications such as brochures, newsletters, and magazines, and to use the photographs on display boards, and to use such photographs in electronic versions of

the same publications or on Elevation MA web sites or other electronic form or media, and to offer them for use or distribution in other non-company publications, electronic or otherwise, without notifying me.

I hereby waive any right to inspect or approve the finished photographs or printed or Electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph.

I hereby agree to release, defend, and hold harmless Elevation MA. and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.

8. STUDENTS WAIVER AGREEMENT

8.1. Participant Information:  The undersigned student, , hereby acknowledges that they have voluntarily chosen to participate in all martial arts programs and activities, conducted by Elevation MA.

8.2. Assumption of Risk: The student understands and agrees that participation in the activity may involve inherent risks, including but not limited to physical injury, property damage, or other losses. The student voluntarily assumes all such risks associated with participation.

8.3. Release of Liability: In consideration of being permitted to participate in the activity, the student, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases, waives, and discharges Elevation MA, its officers, directors, employees, agents, and representatives from any and all claims, demands, liabilities, damages, or causes of action arising out of or related to any injury, loss, or damage that may be sustained by the student or their property while participating in the activity.

8.4. Indemnification: The student agrees to indemnify and hold harmless Elevation MA, its officers, directors, employees, agents, and representatives from any claims, including legal fees, arising out of or related to the student's participation in the activity.

8.5. Emergency Medical Treatment: In the event of any injury or medical emergency, the student authorizes Elevation MA to obtain medical treatment as deemed necessary.

8.6. Parental Consent (if applicable): If the student is under the age of 18, the undersigned parent or legal guardian hereby consents to the student's participation in the activity and agrees to all terms outlined in this waiver on behalf of the student.

I HAVE READ AND UNDERSTAND ALL OF THE ABOVE AND I DECLARE I AM RESPONSIBLE FOR ALL STUDENTS LISTED IN THIS AGREEMENT AND ALL STUDENTS OVER 18 HAVE SIGNED THIS AGREEMENT.

Student or Parent/Guardian Signature (if under 18):

*A copy of this agreement has been sent to student or parent if applicable.