LIVING ART BRAZILIAN JIU JITSU MEMBERSHIP AGREEMENT
AGREEMENT
I am at least 18 years of age, or I am the parent/guardian of a person under 18 years of age, and consent to enter into this Living Art BJJ, LLC., Membership Agreement (“Agreement”), either on my behalf or on behalf of my minor child, with the Living Art Brazilian Ju Jitsu, LLC., (“Living Art BJJ”), having a place of business in Willowbrook-Burr Ridge Sports Performance Center, at 7850 S Quincy St, Willowbrook, IL 60527. I hereby agree to enter into this Agreement to receive instruction in Brazilian Jiu-Jitsu, martial arts, and/or related activities.
I represent and warrant that I, or my child or ward, is of sufficient health and fitness to engage in the rigorous physical activities that are required to study Brazilian Ju-Jitsu. Furthermore, if I have had any questions about my, or my child’s or ward’s, health whatsoever, I have consultant with and have obtained the permission of a medical doctor to engage in the demanding physical training contemplated hereunder. Furthermore, I agree that the Waiver and Indemnification Agreement that I and Living Art BJJ, LLC, executed shall become part of this agreement and shall be enforceable separately or hereunder.
PAYMENT TERMS
Memberships Paid Monthly: For memberships paid monthly, the first payment is due at signing. Each following monthly payment shall be due on or around the same day of the month as the first payment. Payment may be in the form of credit/debit card, cash, or check. A credit card must be placed on file. If cash or a check payment is not made by the first of the month, the credit card on file will be automatically charged for that month.
Memberships Paid in Full: For memberships paid in full, full payment is due at the time of signing. Payment may be in the form of credit/debit card, cash, or check. A credit card must be placed on file. If cash or a check payment is not made when membership dues are owed, the credit card on file will be automatically charged for that month.
Obligation to Pay Membership Dues: Members obligation to pay membership dues is not dependent upon usage of the Living Art BJJ venue, participation in Living Art BJJ classes/services, or availability/access to Living Art BJJ gym.
Change in Membership Dues: Membership dues will not change during the initial term. After the initial term of this Agreement, Living Art BJJ may change membership dues at any time.
FEES AND DUES MAXIMUM
Late Payment Fee: All members will be charged a late payment fee of $10.00 for payment of any fees or dues that is not made within 10 days of the due date. Additionally, if the member fails to make timely payments of fees or dues, Living Art BJJ reserves the right to terminate this Agreement without notice. During any period of pending termination, members are still responsible for all dues, fees, costs, and charges listed in this Agreement.
Belt Test Fees: With an instructor’s permission, members must take and pass a belt test to progress to a higher belt. There is a fee for each belt test taken.
Other Dues, Fees, Costs or Charges: Members may incur and owe other dues, fees, costs, and charges that are not included in this Agreement, including service, late, invalid payment, transaction fees, collection costs, or fees associated with the purchase of other products or services, all of which are subject to change in the sole discretion of Living Art BJJ.
Collection Costs and Attorney’s Fees: Members that fail to pay any dues, fees, costs, or charges within 30 days of the due date shall be responsible for all collection costs, including attorney’s fees.
Credit Card Authorization: Members that choose to pay by credit card authorize Living Art BJJ to automatically and without notice charge the member’s credit card on file for the membership dues and fees included in this Agreement, and any other dues, fees, costs, and charges that are not included in this Agreement, including service, late, invalid payment, transaction fees, collection costs, or fees associated with the purchase of other products or services. Members acknowledge that Living Art BJJ may use services made available by credit card issuers that automatically update a member’s card information and prevent disruptions due to account changes, such as an expired card or reissued card. Members have the right to opt-out of such service at any time by contacting Living Art BJJ. If a member is due a refund, the member authorizes Living Art BJJ to refund the designated credit card. Members may change or cancel their credit card authorization at any time in writing.
Dues Maximum: No contract for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year; except this provision shall not apply to any contract for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement.
AUTOMATIC RENEWAL AND CONVERSION
Automatic Renewal and Conversion: After the initial term of this Agreement expires, this membership will automatically renew and convert to a monthly membership. To avoid automatic renewal and conversion, the member must cancel their membership by providing written notice of cancellation to Living Art BJJ at least 30 days prior to the end of the initial term of this Agreement.
MEMBER CANCELLATION
Cancellation Requirements: Cancellation pursuant to termination listed below shall be made in writing and delivered by certified or registered mail to the center at the address specified in the contract. All refunds to which a customer or his estate is entitled shall be made within 30 days of receipt by the center of this cancellation notice.
Initial Three-Day Cancellation: Members may cancel this contract within three days after the first business day after the contract is signed by the member and monies paid pursuant to this contract shall be refunded to the member. For the purposes of this section, business day shall mean any day on which the facility is open for business.
Monthly Membership Cancellation: Members may cancel a monthly membership without penalty after 60 days from the date of executing this Agreement by providing Living Art BJJ written notice (certified or registered mail is not required for this type of cancellation) of the intent to cancel at least 30 days prior to the intended cancellation date. If the member cancels before the first 60 days, or fails to provide at least 30 days written notice, the member will be charged a cancellation fee that equals one month of membership dues. Any membership dues paid for a partial month will be prorated to the cancellation. No membership cancellation is effective until the member has paid Living Art BJJ all dues, fees, costs, and charges owed.
Six and Twelve Month Membership Cancellation at End of Term: Members may cancel a six or twelve month membership at the end of the initial term without penalty by providing Living Art BJJ written notice (certified or registered mail is not required for this type of cancellation) of the intent to cancel at least 30 days prior to the end of the initial term. If the member fails to provide written notice at least 30 days prior to the end of the initial term, the member will be charged a cancellation fee that equals one month of membership dues at the monthly membership rate. No membership cancellation is effective until the member has paid Living Art BJJ all dues, fees, costs, and charges owed.
Six and Twelve Month Membership Cancellation Prior to the End of Term: Members may cancel any six or twelve month membership by providing Living Art BJJ written notice (certified or registered mail is not required for this type of cancellation) of the intent to cancel. No refunds will be given to a member that cancels any six or twelve month membership prior to the end of the initial term. If the cancellation notice is made within the final 30 days of the initial term, the member will be charged a cancellation fee that equals one month of membership dues at the monthly membership rate. No membership cancellation is effective until the member has paid Living Art BJJ all dues, fees, costs, and charges owed.
Relocation Cancellation: If a member relocates to a residence more than 25 miles from the Living Art BJJ location, the member may cancel this Agreement and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation was presented to Living Art BJJ, plus a fee of 10 percent of the unused balance, or $50, whichever is less.
Disability or Death Cancellation: If a member is unable to use or receive all services contracted for due to disability or death, the member or the member’s estate shall be liable for only that portion of the charges allocable to the time prior to the death or the onset of the disability of the member. Living Art BJJ shall in such event have the right to require and verify reasonable evidence of such disability or death.
MEMBER RIGHTS AND RESTRICTIONS
Membership Freeze: Members may freeze their membership for up to three months only with permission from Living Art BJJ. Membership freezes are granted by Living Art BJJ on a case-by-case basis. During a membership freeze, the term of the membership agreement is extended by the number of days the member is absent during the freeze. Members are not allowed to participate in any Living Art BJJ classes, open-mats, sessions, or activities if their membership is frozen. To make a freeze request, the member must submit a written request to Living Art BJJ. Each membership freeze granted will cost a member $30. To end a freeze, the member must submit a written request to Living Art BJJ. If three months has passed and the member has not submitted a written request to end the freeze, the freeze will automatically end and the membership and billing will resume.
Unlimited Classes and Open Mat: All memberships grant members access to unlimited Living Art BJJ regularly scheduled classes. Members are also granted unlimited access to regularly scheduled open-mat sessions. Unlimited access does not include access to any special seminars, private sessions, or any non-regularly scheduled event.
LIVING ART BJJ GYM RULES
Rules of Safety and Conduct: Members agree to comply with the Rules of Safety and Conduct posted in the gym and on the website.
Uniform Policy: In order to promote unity and team spirit, all members must purchase a Living Art BJJ team Gi. This Gi must be worn during all training, open mats, competitions and other Living Art BJJ events. The team Gi must be clean, have no holes/tears, and have a Living Art BJJ approved patch sewn on. Patches are available for purchase at Living Art BJJ. No-Gi uniforms may be purchased, but not required, from Living Art BJJ. No-Gi uniforms must be clean and have no holes/tears.
Children’s/Kids Classes: Parents and guardians are fully responsible for their children the entire time they are at the Living Art BJJ Gym. Children are not allowed to leave the Living Art BJJ without their parent(s) or guardian(s). Within 10 minutes of the conclusion of a youth class, a parent or guardian must be present to pick up their child. Living Art BJJ has no responsibility, and shall have no liability, for any children left unattended before or after youth classes, including visiting children watching class. All visiting children watching class must be supervised by their parent(s) or guardian(s).
Visitors: Parents, guardians, family, and friends are encouraged to visit and watch members participate at Living Art BJJ. Parents, guardians, family, and friends are permitted to visit the Living Art BJJ gym and watch from the lobby or designated area for individuals watching member participation only. Under no circumstances are parents, guardians, family, or friends permitted to enter the participating member’s gym area, which includes the mats, locker rooms, or any area where physical training is taking place. Additionally, parents, guardians, family, and friends are strictly prohibited from coaching, talking to, or getting a participating member’s attention during class. If you need to contact a participating member, you may contact a Living Art BJJ employee at the front desk for assistance.
MEMBERSHIP TERMINATION
Membership Termination: Living Art BJJ, in its sole and absolute discretion, reserves the right to terminate a member’s membership without refund for any failure or refusal to comply with this Agreement.
ADDITIONAL TERMS
Amendment, Assignment, and Waiver: Any part of this Agreement may be amended, and the rights in and to this Agreement may be assigned by Living Art BJJ without notice. A waiver of any term, covenant, or condition contained in this Agreement shall not be deemed a waiver of any other term, covenant, or condition, and any waiver of any default in any such term, covenant, or condition shall not be deemed a waiver of any later default thereof or of any other term, covenant, or condition.
Severability: If any part of this Agreement is declared to be unlawful or invalid, such unlawfulness or invalidity shall not serve to invalidate any portion of this Agreement not declared to be unlawful or invalid. Any provision so declared to be unlawful or invalid shall, if possible, be construed in a manner that will give effect to the terms of such provision to the fullest extent possible while remaining lawful and valid.
Captions: The captions of this Agreement are not a part of the provisions hereof and have no force or effect.
Entire Agreement: This Agreement forms the entire agreement between the parties with respect to the subject matter contained in the Agreement and supersedes all prior agreements, promises, and representations regarding membership, whether in writing or otherwise.
Applicable Law: This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois without regard to its choice of law principles.
Binding Arbitration: If any dispute arises under this Agreement, the parties each agree to submit the matter to arbitration in accordance with arbitration rules of the State of Illinois, County of DuPage, unless otherwise agreed. Any award made by the arbitrator will be final and binding and may be entered as judgment in any court having jurisdiction. The prevailing party will be awarded all costs of arbitration including reasonable attorney's fees.
By signing this Agreement, I affirm that I have received a copy, read, and understand this entire agreement and voluntarily accept all of its terms.