Motion City Inc
Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing)
In consideration of being permitted to participate in any way in the Martial Arts or Yoga Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the public is prohibited), the participant or the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. All participants will inspect the facilities and equipment to be used prior to participating in the below martial arts activity or event, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury, partial and/or total disability, paralysis, and death.
(b) The social and economic losses and/or damage which could result from these risks and dangers described above, could be severe.
(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction, or negligence of others, including, but not limited to, the Releasees named below.
(d) There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis, or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Code of Conduct and Policies
Check In Policy: Members will use tablets to find their profile and check in for each class they take.
Late / Returned Payments: Membership dues must be paid on or before the due date. A fee of $30 will be charged for all returned payments. Membership may be cancelled if continuous timely payment is not made.
Cancellation: A member may cancel their membership at any time with a 30-day notice, prior to your monthly due date, in writing to Info@MotionCityBJJ.com. Cancellations must be received in writing to be processed.
Freeze Policy: Members may put their membership on freeze, in one-month increments, for up to six months per year. Notice of freeze must be given in writing to Info@MotionCityBJJ.com 14 days prior to monthly due date. Members will not be billed for frozen months. Billing will resume automatically upon freeze completion.
Proper Attire: Member agrees to wear clean and proper attire for each class provided. Gi uniform and belt is required for Gi classes. Rash guard or tight-fitting wicking material and shorts with no pockets, zippers, or snaps (females may wear long active wear, yoga like, pants) are required for No Gi classes. Mouth guard and groin protection are suggested but not mandatory. Flip-flops or clean non-street shoes are required when walking around the gym, especially in the changing rooms and restrooms. No Street shoes allowed beyond designated area.
Hygiene: Member agrees to have proper hygiene due to close contact during physical activity. This includes, but is not limited to; showering, clean attire, grooming – clipping nails, hair pulled up, etc. All jewelry must be removed prior to class.
Lost Articles: Motion City assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated.
Gym Policies: Member agrees to the below policies:
Respect your academy, instructors, and fellow training partners.
Many classes are back-to-back, as a courtesy to your fellow training partners; quickly get off the mats so the next class can begin.
Shake hands/slap and bump your partner before and after each drill/roll.
No talking while the instructor is addressing the class.
Only instructors/coaches can instruct students during class. Parents and other students should not coach or instruct anyone unless the instructor asks you to do so.
Line up according to rank. The highest belt with stripes will line up, facing the instructor, to the instructor's left side.
Be conscientious of your space.
If you have something contagious, please stay home.
No eating, drinking, or chewing gum on the mats.
Trash shall be placed in proper containers. Keep hallway, mat entry, and doorways clear of items. We have many places to store your bags/gear during classes. Please pick up after yourselves and/or your kids.
If your kid(s) are utilizing the play area while you are training, it is still your responsibility to check on them. It is okay to step off the mats.
Conduct: Member understands and acknowledges that Motion City is committed to the health, safety, and well-being of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. This right includes, but is not limited to, termination of membership of any member engaging in such behavior.
Damages: Members shall pay for any damages to the property, which result from the willful or negligent conduct of a member, member’s guest, or dependent children.
Waiver: Member understands and agrees that he/she is voluntarily participating in physical activity that can result in injury or death. Members have had the opportunity to review and sign Motion City’s waiver form.
We reserve the right to change rules/regulations/hours/schedule at any given time in accordance with our business. We reserve the right to terminate membership of member(s) engaging in unacceptable behavior or misconduct.
Talent Release
I hereby assign the rights to the video recording(s), audio recording(s), photograph(s), made of me by Motion City here after referred to as the recordist/cinematographer/photographer.
And I hereby authorize the editing, re-recording, duplication, reproduction, copyright, sale,
exhibition, broadcast and/or distribution of said recording(s), film (s), photograph(s) for the
purpose of marketing/advertisement for: social media, print, television, and radio.
I understand that participation is voluntary and that I may at any time discontinue my involvement. I also understand that my participation or non-participation will in no way.
jeopardize my relationship with Motion City.
I hereby certify that I am over eighteen years of age and am competent to contract in my own name insofar as the above is concerned. Or if I am under eighteen years of age my parents/guardians have read this document and have given their consent by signing below.
I have read the foregoing release, authorization, and agreement, before affixing my signature
below and warrant that I fully understand the contents thereof.