Allegiant Jiu-Jitsu LLC Liability Waiver and Release of Claims & Billing Agreement
1. Acknowledgment of Risk
I understand that participation in Brazilian Jiu-Jitsu (BJJ), martial arts, strength and conditioning, and use of the fitness center at Allegiant Jiu-Jitsu LLC (“the Facility”) involves inherent risks of injury and illness, including but not limited to:
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Strains, sprains, dislocations, or broken bones, Concussions, bruises, or other impact injuries.
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Skin infections such as staph, MRSA, ringworm, or other communicable diseases.
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Exposure to airborne or surface pathogens including COVID-19, influenza, and other viruses.
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Equipment malfunction or improper use of equipment.
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Injuries sustained during unstaffed hours or unsupervised activity.
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Death or serious bodily injury.
I understand that these risks may result from my actions, the actions of others, equipment failure, unsafe conditions, or the negligence of Allegiant Jiu-Jitsu LLC, its owners, officers, employees, contractors, or agents (“Released Parties”).
2. Assumption of Risk
I voluntarily assume full responsibility for all risks, known and unknown, associated with participation in martial arts training, fitness activities, and the use of all areas and equipment — including risks during unstaffed hours or classes not led by a black belt instructor.
3. Release of Liability
In consideration for being allowed to participate and use the Facility, I, for myself, my heirs, executors, administrators, and assigns, waive, release, and discharge Allegiant Jiu-Jitsu LLC and all Released Parties from any and all claims, liabilities, or causes of action, including those resulting from negligence, that may result in injury, illness, or death to the fullest extent allowed by California law.
4. Health and Hygiene
I understand the importance of maintaining hygiene to prevent infections. I agree to:
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Wash or sanitize gear and clothing before each class
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Avoid training with open wounds, rashes, or visible infections
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Report any potential exposure to communicable illnesses
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Accept that despite best practices, skin or communicable infections can still occur, and I assume that risk.
5. Fitness Equipment Use
I acknowledge that the Facility may include weights, cardio machines, mats, and other exercise equipment. I agree to use all equipment safely, responsibly, and in accordance with posted rules or instructions. I accept full responsibility for any injuries or damages resulting from improper or unsupervised use.
6. Faulty or Malfunctioning Equipment
I understand that gym and training equipment, including mats and fixtures, may wear out, malfunction, or break without warning.
I agree to inspect all equipment before use and immediately report any signs of damage, defect, or unsafe condition to Facility staff.
I acknowledge that Allegiant Jiu-Jitsu LLC is not liable for injuries, damages, or losses resulting from the use of equipment that may be faulty, damaged, or malfunctioning, whether known or unknown at the time of use.
I accept full responsibility for any harm that may occur as a result of equipment failure while using the Facility.
7. Unstaffed Hours
I understand that the Facility may operate during unstaffed or limited supervision hours, during which no staff or emergency personnel may be present. I assume all responsibility for my safety, actions, and health during these times.
8. Participant Conduct
I agree to follow all Facility rules, posted signs, and instructions. Allegiant Jiu-Jitsu LLC reserves the right to revoke Facility access for any unsafe, disrespectful, or disruptive conduct without refund.
9. Indemnification
I agree to indemnify, defend, and hold harmless Allegiant Jiu-Jitsu LLC and all Released Parties from any and all claims, damages, losses, or expenses (including reasonable attorney’s fees and court costs) arising out of or related to my participation, conduct, or violation of Facility rules or policies.
10. Medical Treatment
I authorize Allegiant Jiu-Jitsu LLC to obtain emergency medical care if needed and release the Facility from any liability resulting from such treatment.
11. Photography and Media Release
I grant permission for Allegiant Jiu-Jitsu LLC to use photos or videos of me participating in classes or events for marketing or promotional purposes.
12. Binding Effect
This agreement shall be binding upon me, my heirs, executors, administrators, and assigns, and governed by the laws of the State of California. If any portion is found invalid, the remainder shall continue in full force and effect.
13. Safety Review Policy (Violent Charges or Sexual Assault)
To ensure a safe, close-contact training environment for all members, staff, and minors, Allegiant Jiu-Jitsu LLC maintains strict safety protocols regarding individuals with a history of violent offenses or sexual misconduct.
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Evaluation Requirement: Allegiant Jiu-Jitsu LLC reserves the right to evaluate any participant who has pending charges, prior indictments, or convictions for violent crimes (including but not limited to assault, battery, domestic violence, or weapons charges) or any form of sexual assault or misconduct.
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Individualized Assessment: In compliance with California standards, the Facility will conduct an individualized evaluation regarding the nature, severity, and timing of the charge or conviction before making a final decision regarding membership or Facility access.
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Right to Deny or Terminate: Allegiant Jiu-Jitsu LLC reserves the right to deny entry, refuse service, suspend, or terminate the membership of any individual if management determines, following evaluation, that their presence poses a potential safety risk to the community, staff, or members.
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Participant Duty to Disclose: By signing below, the participant agrees to cooperate with this safety policy and acknowledges that providing false or misleading information regarding violent or sexual assault charges is grounds for immediate termination of membership without a refund.
14. Acknowledgment of Understanding
I have read and fully understand this waiver. I acknowledge that I am releasing substantial legal rights, including the right to sue for negligence, and sign it voluntarily and of my own free will.
SPECIAL SEMINAR & GUEST INSTRUCTOR ADDENDUM
By signing below, I explicitly agree to the following terms regarding my participation any seminars, or any other special event taught by guest instructors at Allegiant Jiu Jitsu.
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Assumption of Inherent Risks: I understand that martial arts, Brazilian Jiu-Jitsu, and MMA involve intense physical contact and inherent risks of severe injury, including but not limited to sprains, fractures, concussions, paralysis, or death. I voluntarily and expressly assume all risks associated with my participation in this seminar, whether caused by the Guest Instructor, other participants, or the facility.
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Release of Liability (Express Waiver): To the fullest extent permitted by California law, I hereby release, waive, and forever discharge both this host academy (including its owners, staff, and agents) AND all Guest Instructors from any and all liability, claims, or demands for personal injury, property damage, or wrongful death arising out of negligence, whether passive or active, during the course of the seminar.
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One-Time / Non-Member Status: I acknowledge that my admission fee covers this specific seminar event only. This event does not grant me ongoing membership, regular training access, or student status at this host academy beyond the designated seminar hours.
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Physical Fitness & Medical Clearance: I certify that I am physically fit and mentally capable of safely participating in this seminar. I agree to stop training immediately and notify an instructor if I experience unusual pain, dizziness, or discomfort.
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Photographic & Video Release: I consent to the use of any photography, audio, or video recordings taken of me during the seminar for promotional or educational purposes by the host academy and the Guest Instructors without compensation.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE
ADULT JIU-JITSU MEMBERSHIP & PAYMENT AGREEMENT
1. Membership & Billing Terms
Monthly Rate: determined with contract.
Registration Fee: A one-time $50.00 registration fee is due at initial sign-up.
Payment Schedule: You agree to automatic monthly billing. Payments will be automatically charged to your card/account on file on the 1st of each month for the full monthly total.
Rate Changes: Membership rates are subject to change with a 30-day notice. (Note: This does not apply to Founding Members).
1. Processing Fee Authorization
By signing below, the Member acknowledges and agrees that all recurring monthly membership dues, fees, and related charges paid via credit card, debit card, or electronic payment transfer are subject to a 3% non-refundable processing fee.
2. Fee Application
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This 3% fee will be automatically calculated and added to the total balance of your monthly invoice or automatic withdrawal.
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This fee covers the transactional costs associated with processing digital payments.
3. Acknowledgement and Agreement
The Member understands that this fee is a condition of choosing the monthly payment plan. You authorize Allegiant Jiu Jitsu to charge your designated payment method for both the monthly membership dues and the associated 3% processing fee on a recurring basis until your membership is canceled or terminated in accordance with our standard cancellation policy.
2. No Contracts & Cancellation Policy
Month-to-Month: Memberships are strictly month-to-month. There are no long-term contracts.
How to Cancel: Cancellations must be completed in person at the front desk or email Cancellation request to info@allegiantjiujitsu.com. We do not accept cancellations via social media. Cancellation must be email, or in person.
Cancellation Timeline: You may cancel at any time prior to your next billing date by contacting us via email or in person to notify us you would like to cancel. Cancelation must be minimum 5 businuess days before the billing date to ensure proper time to cancel.
Special Provision: Founding 100 Members
Lifetime Rate Guarantee: If you are one of the "Founding 100" members, your quoted membership rate is locked in for the life of your active membership and is exempt from future rate increases.
Forfeiture of Rate: If you cancel your membership for any reason, you will permanently lose your Founding Member pricing. If you choose to rejoin down the road, you will be subject to the standard registration fees and the current market membership rates active at the time of your return.
Special Provision: Founding 100 Members
Lifetime Rate Guarantee: If you are one of the "Founding 100" members, your quoted membership rate is locked in for the life of your active membership and is exempt from future rate increases.
Forfeiture of Rate: If you cancel your membership for any reason, you will permanently lose your Founding Member pricing. If you choose to rejoin down the road, you will be subject to the standard registration fees and the current market membership rates active at the time of your return.
No Refunds: If you cancel mid-month, you will retain academy access until the end of your paid billing cycle. No partial or full refunds will be issued for the remaining days of the month.
Returning Members: If you cancel and decide to rejoin within 12 months, your $50.00 registration fee is waived. If you rejoin after 12 months, the registration fee applies again.
3. Membership Freeze Policy
Duration: Memberships can be frozen for medical/Travel reasoning for a period of 30 days only.
Auto-Resume After 30 days, your membership and auto-billing will automatically reinstate.
Longer Absences: If you need to stop training for longer than 30 days, you must cancel your membership following the standard cancellation protocol and sign back up when you are ready to return.
4. Failed Payments & Unpaid Balances
Suspension of Access: If a monthly payment fails, your academy access will be immediately suspended, and you will not be permitted to attend classes until the balance is paid.
Account Balances: Any uncollected dues will be added to your account balance.
Collections: Unsettled balances that remain unpaid for 90 days will be forwarded to a collections agency.
Relevant Additions (For Your Protection)
Update Account Info: You are responsible for notifying the academy of any changes to your billing information (expired cards, new accounts) prior to the 1st of the month.
Assumption of Risk: By signing below, you acknowledge that Brazilian Jiu-Jitsu is a physical contact sport involving inherent risks of injury, and you agree to hold the academy and all of its locations harmless for injuries sustained during participation at any of our Facilities. (Standard practice for martial arts gyms).