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Midnight Jiu-Jitsu Club Membership Agreement

346 W. Foothill Blvd., Monrovia, CA 91016

949-300-7662 - info@midnightjiujitsuclub.com

This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into 04/10/2025 (the “Effective Date”), by and between Midnight Jiu-Jitsu Club (the “Gym”), and (the “Member”).

1.  Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to martial arts instruction and classes provided by the Gym. By signing below, Member agrees to be bound by all of the terms and conditions set forth in this Agreement.

2.  Term: Unless earlier terminated in accordance with Section 3, the initial term of this Agreement shall begin on the Effective Date and shall end at the close of business on the day immediately prior to the first anniversary of the Effective Date (the “Initial Term”). 

3.  Termination: This Agreement may be terminated by the Gym (i) at any time if Member breaches this Agreement; or (ii) 30 days after the Gym delivers written notice of termination to Member. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination to Gym, at the address set forth above (or such other address as the Gym shall notify Member in writing): (a) if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to Gym; or (c) Member moves Member’s residence more than 25 miles from the Gym.

4.  Pricing: The Gym offers a Monthly Unlimited - Kids (Membership title) for a price of $120.00 (cost per period) per 1 month (payment period). 

5.  Payment: As of the Effective Date, Member has paid to the Gym the sum of $120.00 (the “Payment”), which covers the period beginning on the Effective Date and ending the last day of the Initial Term. On or prior to the first day of each Subsequent Monthly Term, Member shall pay to the Gym the sum of $120.00 (cost per period), and hereby authorizes and directs the Gym or its agents to charge the payment to the Member automatically.

6.  Instruction: Member’s ability to attend classes and receive instruction at the Gym each payment period is conditioned on the Gym’s receipt of the Payment for such payment period. The Gym shall have the right to suspend Member’s membership at any time and from time to time during any period that Member is not current in the Payment. All instruction shall be provided at the Gym’s business located at 346 W Foothill Blvd, Monrovia, CA 91016 (Gym address) or at such other location determined by the Gym in its sole discretion. All instruction shall be offered at such times as determined by the Gym in its sole discretion. The Gym reserves the right to change its class schedule or the frequency thereof at any time and from time to time without advance notice to the Member. 

7.  Policies and Rules: Member hereby acknowledges that the Member has read and understands the Gym’s rules and procedures (the “Gym Rules”). The Member further acknowledges that the Gym has the right to change the Gym Rules at any time and for any reason. The Member hereby agrees to comply with and be bound by the Gym Rules, as the same may be amended from time to time.

8.  Representation of the Gym: Member agrees that Member shall not, without the prior written consent of the Gym, hold himself or herself out publicly as representing the Gym in any manner, including, but not limited to, as a professional or amateur fighter, in martial arts or other combat tournaments, etc. 

9.  Release of Liability:

(a) The Member acknowledges that participation in martial arts instructional classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in martial arts instruction and the martial arts, and that member is hereby assuming such risks voluntarily.

(c) The Member hereby releases and agrees to indemnify and hold the gym and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the gym’s classes and curriculum and the martial arts, including, but not limited to, any claims based on the gym’s negligence.

(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending gym classes or participating in the martial arts. alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in gym classes or the martial arts.

10.  Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.

11.  Entire Agreement: This Agreement constitutes the entire agreement between the Member and Gym with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.

12.  Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

13.  Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the [Gym’s legal jurisdiction], without regard to principles of conflicts of law.

14.  Assignment: The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of the Gym. Gym may assign this Agreement and/or its rights and obligations hereunder in its sole discretion.

15.  Amendments/Waivers: This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.

16.  Successors and Assigns: The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.

17.  Titles and Subtitles: The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

18.  Attorneys’ Fees; Cost of Collection: In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by the Gym.

By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and conditions.

Participant’s Signature: ___________________________
Date: 04/10/2025

Parent or Guardian’s Signature (if under 18): __________________________
Date: 

Midnight Jiu-Jitsu Club Waiver
346 W. Foothill Blvd., Monrovia, CA 91016
949-300-7662 - info@midnightjiujitsuclub.com

Date: 04/10/2025

I, , hereby acknowledge and agree to the following terms as a condition of participating in any martial arts classes, activities, programs, and services (hereinafter collectively referred to as “Activities”) offered by Midnight Jiu-Jitsu Club (“the School”):

1. Assumption of Risk
   I acknowledge that martial arts training is a high-risk activity that involves strenuous physical exertion, close contact with other participants, and the potential for physical injury. I assert that I am in good physical condition and able to participate in these Activities. I fully understand and accept the risks associated with my participation, including but not limited to, bruises, cuts, broken bones, and more serious injuries, disability, or death.

2. Waiver and Release of Liability
   I hereby voluntarily waive, release, and discharge any and all claims, demands, or causes of action that I have or may have in the future against Midnight Jiu-Jitsu Club, and its owners, directors, officers, employees, instructors, agents, and representatives (collectively, the “Released Parties”) for any and all injuries, losses, damages, liabilities, or other harm that I may suffer as a result of my participation in the Activities, except for those caused by the gross negligence or willful misconduct of the Released Parties.

3. Indemnification
   I agree to indemnifying and holding harmless the Released Parties from any and all claims, demands, losses, actions, and liabilities, including costs and attorney fees, arising out of or in connection with my participation in the Activities, or any breach of this Agreement by me.

4. Medical Attention
   In the event of an injury, I give my permission to Midnight Jiu-Jitsu Club or its representatives to provide first aid, seek emergency medical treatment, and to admit me to any hospital or medical facility for diagnosis and treatment. I agree to be responsible for all medical expenses incurred as a result of any treatment received.

5. Media Release
   I consent to the photographing, recording, and videotaping of my participation in the Activities and authorize Midnight Jiu-Jitsu Club to use these photographs, videos, and recordings for promotional or educational purposes without remuneration.

6. Personal Property
   I acknowledge that I am responsible for my personal property during my participation in the Activities and that the School is not responsible for any lost, stolen, or damaged personal property.

7. Understanding of Agreement
   I affirm that I have thoroughly read this Agreement, fully understand its contents, and agree to its terms voluntarily. I acknowledge that this Agreement involves a release of liability and a waiver of my legal rights and also acts as a contract between myself and Midnight Jiu-Jitsu Club, and affects my legal rights.

8. Modification
   This Agreement cannot be modified or interpreted except in writing by Midnight Jiu-Jitsu Club and no oral modification or interpretation will be considered to have any effect.

9. Severability
   If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be fully effective.

10. Governing Law
    This Agreement shall be governed by and construed in accordance with the laws of the state where Midnight Jiu-Jitsu Club is located, without regard to its conflict of laws principles.

Participant’s Signature: ___________________________
Date: 04/10/2025

Parent or Guardian’s Signature (if under 18): __________________________
Date: