RELEASE OF LIABILITY and ASSUMPTION OF RISK
I understand that there is a risk of personal injury in the course of instruction, whether you or someone else causes it, and, with this knowledge, agree to assume the risk of any injury and damages that may occur at Blitz Sport MMA and Fitness (Blitz) (8043 Robinson Industrial Park, Robinson, TX 76706).
Specifically, participant agrees to hold harmless from liability Blitz, instructors, employees, other participants and all other individuals for negligence and all other causes of action, in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with Blitz or during transit to or from Blitz.
Participant further agrees to strictly obey instructors and observe safety rules.
Because of the physical demands of martial arts, fitness and/or personal defense instruction participant understands that he/she must be in good physical condition to participate in classes. Participant understands that in case of injury, the only medical treatment Blitz Sport will provide is first aid and CPR.
Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with classes at Blitz can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
I have read and understand this release and agreement and agree to its provisions. I am not under the influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign/agree.)
This membership includes unlimited classes in all Adult and/or Youth Programs and classes therein for a minimum of 12 monthly payments, with the first payment due on the first date of purchase. This is a binding contract with Blitz Mixed Martial Arts, also referred to as Blitz MMA.
TERM PASSES. By purchasing a Pass, I agree to the terms and conditions of this Agreement for the duration of the Pass.
ANNUAL MEMBERSHIPS. I give Blitz MMA and its representatives the authority to charge me the total agreed upon fee for this membership for a minimum of twelve (12) monthly payments. The charges will be due and charged on a recurring monthly basis. I give Blitz MMA authorization to charge my card on this day.
I understand this is a binding contract and that it cannot be canceled during the initial twelve (12) months unless I meet the cancellation criteria described in the ADDITIONAL MEMBERSHIP CONTRACT TERMS. At the end of the initial 12 months, I understand that if I do not give at least a thirty (30) days notice, the regularly scheduled charges will be made.
Cancellation must be completed in house via cancellation form per Blitz MMA's Terms & Conditions.
I understand there are no refunds for membership or pass fees. I understand it is my responsibility to maintain a valid credit card to my membership plan and that non-payment will cancel this plan within thirty (30) days and be sent to a third party collection agency after sixty (60) days for the full remainder of the contract.
I understand that after my initial twelve (12) monthly payments, normally scheduled charges will continue until I have given Blitz MMA at least thirty (30) days notice of cancellation by filling out a cancellation form in the facility.
Blitz MMA (hereinafter “Blitz”) recommends that all monthly billing members allow payments to go through electronically. Blitz does not recommend members to make any payments at the gym. Blitz will not be responsible for errors made due to payments made in house. If payments must be made in house, they must be done 3 work days (Monday - Friday) prior to the billing date of that month. Any credit card or account changes must also be made 3 work days prior to the billing date of the month.
Blitz will assess a $15 fee for all rejected credit card and/or bank account debits. A $5 per day late fee will be added in addition to the initial $15 fee until membership is paid or account goes delinquent for sixty (60) days in which Blitz will turn the account over to a third party. Credit card and bank account changes are the sole responsibility of the member. I understand that I must notify the gym for any account information changes including: Bank issued credit cards, lost or stolen credit cards, any expiration date change.
If the buyer fails to make payment after sixty (60) days Blitz will turn the account over to a third party.
I understand that I must make at least 12 monthly payments before I can cancel my membership by completing a thirty (30) days notice cancellation form at Blitz MMA facility. All Members/Buyers must provide a thirty (30) days notice by filling out a cancellation form at Blitz MMA in order to cancel their monthly billing membership. I understand I cannot cancel by phone, email or by informing a staff representative verbally. I authorize Blitz to debit my credit card or bank account on the 1st or 15th or agreed upon bill date of each month, for all current and past due balances. I understand that my monthly billing membership will not automatically end in 12 months and will roll over until Member/Buyer has completed a thirty (30) days cancellation form at Blitz Sport MMA & Fitness. Buyer acknowledges and agrees to all terms and conditions set forth in this contract executed by both buyer and seller.
ADDITIONAL MEMBERSHIP CONTRACT TERMS
1. CONSUMER'S RIGHTS TO CANCELLATION: You may cancel this Contract for any of the following reasons:
a) If upon a doctor's order, you cannot physically receive the services due to significant physical disability for a period in excess of six months;
b) If you die, your estate will be relieved of any further obligation for payment under the Contract not then due and owing.
2. HEALTH WARRANTY: Member and Buyer represent that Member is in good health and has no disability, impairment, medical condition or illness preventing Member from engaging in exercise, use of Blitz facility or that poses a health risk to other users of the Gym. Member and Buyer assume full responsibility for Member's medical condition as it relates to his/her ability to engage in exercise. Member and Buyer agree that Member will not use Blitz facility with open cuts, abrasions, sores, infections, contagious conditions or maladies which may impose a health risk to others in accord with state and local health requirements. Blitz Management reserves the right to prohibit or limit the use of its facility to Members with such conditions in accord with state and local health requirements.
3. ASSUMPTION OF RISK/PERSONAL INJURY: Member and Buyer assume all risks and responsibility for any personal injury sustained by Member (and child/charge) as a result of his/her physical exercise, use of facility and equipment, class participation and/or instruction by a personal trainer and all other activity at the Gym. Member and Buyer release and discharge Blitz, its officers, employees, independent contractors, and agents from any and all liability, loss, or expense (including legal costs) incurred by Member and Buyer as a result of such personal injury and use of facility and services except to the extent that such injury results from the negligence or willful misconduct of Blitz, its officers, employees, independent contractors or agents.
4. PERSONAL PROPERTY WAIVER: Blitz urges Members not to bring valuable personal property into the Gym. Blitz, its officers, employees, independent contractors and agents shall not be liable for the loss, theft of or damage to the Member's personal property located anywhere in the Blitz facility, including all lockers and restrooms. Member and Buyer further agree to waive such claims against Blitz, its officers, employees, independent contractors and agents.
5. LOCKERS: Blitz reserves the right to remove, dispose of and/or sell all articles left overnight in the lockers without prior notice. All Lockers are for class hours use only.
6. RENEWALS: All 12 month memberships are automatically renewed after the initial twelve (12) month term has been completed until an in facility cancellation form has been completed as per the Cancellation terms. Blitz may offer Paid In Full (PIF) memberships and these memberships will expire on the date specified and will not automatically renew. Renewal fees, terms and conditions, as may be posted in the facility, are at the sole discretion of Blitz and may be changed or modified, without notice, at any time. Renewals for any membership are at the sole discretion of Blitz.
7. OBLIGATION TO PAY: Buyer will not be relieved of his/her obligations to make payments agreed to for Member's failure to use BSport facility. Member dues are for the time period designated and do not relate to actual usage of Blitz MMA.
8. CHANGE OF NAME/ADDRESS: Blitz Sport MMA & Fitness must be notified, in writing, of any name or address change by emailing email@example.com
9. DISHONORED CHECK, DRAFT, CREDIT CARD CHARGE OR EFT TRANSFER: If any check, draft, credit card or EFT/ACH transfer payable to Blitz MMA is not honored, Blitz will: assess a $15.00 collection fee for each such item; collect the current and past due amounts. Members who dispute credit card charges through their credit card providers will be charged an additional $15 service fee per charge back if charges are legitimate and in accordance with the buyer's contract agreement.
10. UNPAID BALANCES: Any unpaid balance for membership fees, goods or services past fourteen (14) days may result in automatic suspension of gym privileges. Buyer is obligated to pay any collection and/or legal costs incurred by Blitz. Blitz reserves the right to charge Debit/Credit Cards or Bank Accounts for all overdue balances and late fees. If Buyer defaults or becomes overdue for a period of more than sixty (60) days Blitz reserves the right to turn the account over to a third party.
11. RULES, REGULATIONS AND SCHEDULES: Proper athletic attire must be worn at all times in all areas of Blitz MMA & Fitness except the locker area. Member agrees to abide by all Blitz rules, regulations, schedules and fees as may be posted in Blitzt or issued orally. Gym rules, regulations, schedules and fees are subject to change at Blitz MMA’s sole discretion.
12. RIGHT TO REVOKE MEMBERSHIP: Blitz reserves the right to suspend or revoke membership, without refund of membership fees, for a breach of Gym rules or regulations, violations of Contract terms, or generally undesirable behavior to other members or staff as determined by Blitz at its sole discretion.
13. FACILITIES, EQUIPMENT AND SERVICES: Blitz facility, equipment, services, classes, days and hours of operation are subject to change at Blitz’s sole discretion. As a result of repairs, maintenance, or special occasions, Blitz may be required to restrict the use of the facility, equipment, limit services or cancel one or more classes. Member agrees that there will be no reduction or refund of membership fees for such reasons. In case of long-term interruption of all services at Blitz (i.e. fire or other disaster), Blitz reserves the right to freeze memberships and add the lost time once services resume. All Blitz members must pay for any and all damages done to equipment, facility, etc. and members will be held responsible to pay for any damages their guests may cause as well.
14. TRANSACTING BUSINESS: No solicitation or conducting business of any kind is permitted at Blitz without the prior written approval of Management.
15. LIMITATION OF MEMBERSHIP RIGHTS: Membership shall entitle the Member to the use of Blitz facility, as set forth in this Contract. Member and Buyer shall not have any rights regarding the operation of Blitz or services offered. Blitz reserves the right to use any photography or video content taken inside Blitz facility or at any event Blitz is represented. Content must only be used for marketing and advertising purposes.
16. PERSONAL TRAINING: No personal Mixed Martial Arts or fitness instruction may be conducted at Blitz without the prior written approval of Management.
17. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties. There is no reliance by Member or Buyer on any representations, oral or otherwise, not stated herein.
No modification of this Contract will be effective unless it is in writing and signed by both parties.
18. CONTRACT APPROVAL: All Membership Contracts are subject to final approval by Blitz Management. Blitz reserves the right to refuse this contract for any reason at our sole discretion.
19. GOVERNING LAW: This Contract will be interpreted in accordance with the laws of the State of Texas. If any provision of this Contract is deemed invalid, the same will not affect the enforcement of any other provision of this Contract.
20. BILLING ON FILE: All members must have valid and current billing information on file at all times. Members cannot have a monthly billing membership without valid and active checking or savings number on file. If member fails to provide Blitz with proper billing information, Blitz reserves the right to accelerate his/her initial sixty (60) day term for third party usage. Plus an additional $100 service fee penalty due immediately.
21. SALES TAX: In addition to the cost of this membership, Member agrees to pay any and all sales, value added and other taxes levied or assessed by any government authority by reason of this Agreement and which are at law collectible from the Member.
By purchasing the Annual Membership or Pass I agree to the RELEASE OF LIABILITY WAIVER at Blitz Mixed Martial Arts and agree to the terms and conditions of this membership agreement.
ANNUAL MEMBERSHIP and PASS AGREEMENT