Waiver / Release:
I have voluntarily decided to participate in activities offered by Brazilian Fight Factory, LLC. I do hereby waive, release, and forever discharge Brazilian Fight Factory, LLC from liability pertaining to matters set forth below. I understand by signing this Waiver and Release, I expressly and willingly agree to assume complete responsibility for any risk of injury that may arise from the said activities. On behalf of myself, my heirs, assigns, and next of kin, I waive, release, and forever discharge Brazilian Fight Factory, LLC, and/or its respective owners, directors, employees, contractors, landlords, members, and/or any party under or affiliated with Brazilian Fight Factory, LLc of any and all claims for loss, damages, injuries, and death sustained to me or my property that I may against Brazilian Fight Factory, LLC. I understand that the activities that I will participate in are inherently dangerous and may cause serious injuries, including bodily injury, damage to personal property, and or death. By this waiver, I assume any risk and take full responsibility any waive any and all claims of personal injury, including severe bodily injury, damage/loss to personal property and death relating to all activities associated with Brazilian Fight Factory, LLC, including but not limited to receiving lessons at the facility, using the facility and its equipment, practicing and engaging in martial arts activities and related activities on and off school premises. If I am injured from said activity, I release, waive, forever discharge, covenant not to sue, and will not hold liable Brazilian Fight Factory, LLC and/or its respective owners, directors, employees, contractors, landlords, members, and/ir any party under or affiliated with Brazilian Fight Factory, LLC.
I will obey all Rules and Regulations of Brazilian Fight Factory, LLC and understand that Brazilian Fight Factory, LLC is not responsible for any injury (or loss of property) to any person suffered while participation in activities offered by Brazilian Fight Factory, LLC for any reason whatsoever. I grant Brazilian Fight factory, LLC its representatives and employees the right to take photographs of me and my property in connection with said activities. I authorize Brazilian Fight Factory, LLC, its assigns and transferees to copyright, use and publish the same in print and.or electronically. I agree that Brazilian Fight Factory, LLC may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content. I have read and fully agree to the terms of this waiver and release. I understand and confirm that by signing this waiver and release I have given up considerable future legal rights. I have signed this waiver freely, voluntarily, under no duress, or threat of duress, without inducement, promise, or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law.
Billing Authorization :
I hereby authorize Brazilian Fight Factory, LLC to initiate monthly debit entries from my bank account or credit card on file with Brazilian Fight Factory, LLC. This authorization for automatic debit shall remain in full force and effect until this membership is cancelled in accordance with the cancellation terms provided below. I hereby acknowledge that I have read, understood and have agreed to all the terms of this Membership Agreement, including the additional terms below.
Membership Cancellation or Freeze :
Except as provided below, this Membership Agreement ("Agreement") can only be cancelled at the end of the term by giving prior written notice of 14 days. If Student/Member does not give written notice of cancellation before 14 days of the next payment, this Agreement shall automatically extend on a month-to-month basis, at the then effective month-to-month rate. This Agreement may be cancelled prior to the end of the term upon the death or disability of the Student/Member, or if Member moves more than 25 miles from the Brazilian Fight Factory, LLC academy. To cancel this Agreement prior to the end of the Term you must deliver a signed and dated written notice of cancellation and third party confirmation of the reason for cancellation (e.g. death certificate), either 1. by personal delivery to the academy; or 2. by registered or certified mail to: Brazilian Fight Factory, LLc, 9607 Research Blvd. Suite 675, Austin, TX 78759. Cancellations permitted under the Agreement will take effect on the last day of the month following receipt by Brazilian Fight factory, LLC of all required documentation. To cancel this agreement for any other reason not mentioned above, a $199 cancellation fee must be included with your written notice of cancellation.
Student/Member is permitted to freeze membership for one, two, or three months one time during the Term, or if Student/Member is on a month-to-month basis, then one time per calendar year. Student/Member may suspend payment of tuition/ dues until the end of the freeze period. To enact a membership freeze, Student must give prior written notice. If notice is given within 14 calendar days of the next scheduled auto-draft, the freeze will be enacted after the next draft. Otherwise, if written notice is provided more than 14 days before the next scheduled auto-draft, then the freeze can be enacted without the next scheduled payment being auto-drafted.
Monthly Tuition / Dues:
Except as expressly provided herein, all tuition/dues and/or payments are non-refundable. Tuition/Dues are billed monthly due and payable at the time of billing- regardless of usage of the academy. At the end of the initial Term, monthly tuition/dues will continue on a month-to-month basis at the then effective rate.
Declined or Delinquent Payments:
If any payment, including, but not limited to, a check charge or bank draft is declined, Brazilian Fight Factory, LLC will assess a charge of $35.00 for each payment so declined. In the event Student/Member fails to pay any obligation in accordance with the terms of this Agreement, Brazilian Fight factory, LLC may refuse to honor the Student/Member's membership. In addition, should Student/Member be in default of any payment for more than 30 days, all amounts due hereunder shall become immediately due and payable. Brazilian Fight Factory, LLC reserves the right to use an attorney to enforce any terms under this Agreement and Student/Member shall be liable, in addition to any other obligations, for the cost of such enforcement.
Damage to Property:
If Student/Member willfully or neglectfully does damage to any Brazilian Fight Factory, LLC property the cost of repairing or replacing such damaged property shall be paid for by Student/Member.
Membership Rules & Regulations:
Student/Member hereby agrees to abide by all rules and regulations of Brazilian Fight Factory, LLC, which may be posted or issued verbally, and amended from time to time. Brazilian Fight Factory, LLC may terminate this Agreement for violation of any rule or regulation, or any conduct which is detrimental to the welfare or character of Brazilian Fight Factory, LLC or its students/members.
Membership Transfers:
Memberships at Brazilian Fight Factory, LLC are not transferable.
Entire Agreement:
This Agreement constitutes that entire agreement between Student/Member and Brazilian Fight factory/ LLC. Amendments or modifications to this Agreement must be in writing and signed by Student/Member and Brazilian Fight Factory, LLC. I affirm that I am mentally competent to enter grant to this Agreement and that I am 18 years or older or that I am a parent or adult guardian representing a minor, and I am freely signing this agreement.