WAIVER AND RELEASE:
The undersigning person (the “Member”) is intending to be legally bound hereby and as a condition of participation at Premier Barbados Brazilian Jiu-Jitsu Inc., (the “School”), expressly agrees to hold harmless and forever release, waive, and discharge the “School”, together with its owners, operators, landlords, businesses renting their space out, directors, agents, sponsors, instructors, employees, independent contractors, volunteers and members from any act committed or omitted by him/her, from any and all claims, suits, complaints, liabilities, obligations, demands, actions, or causes of any action whatsoever, that he/she or his/her administrators, executors, heirs, next of kin, or assigns may at any and all times hereafter have or obtain, due to or as a result of, any personal injury, bodily harm or death sustained or suffered by him/her during, or damage to person or property arising out of, or as a result of any the “School”, physical or athletic activity, physical instruction or sport conducted or carried on by or for the “School”, whether by itself or with others or in or occurring while he/she is on any premises or property occupied or used by the “School” or at any of the “School” events, whether caused by active or passive negligence, fault, failure or otherwise howsoever. The “Member” agrees to faithfully comply with all the rules and regulations of the school. The “Member” understands that strict observation of the rules and regulations relative to training include the use of protective equipment required by the “School”. This equipment will largely eliminate the possibility of accident or injury, however, the “School” does not warranty the protective equipment. Any photographs or motion pictures taken during participation at the “School” may be used for promotional purposes. The “Member” further consents to be added to the “School” email mailing list and releases “the “School” its instructors, representatives and members from any liability for any damage, loss or theft of personal property. The “Member” understands that during the course of instruction, employees of the “School” and/or other students or authorized persons will be engaged in a course of conduct requiring physical contact, and the “Member” gives full consent to such contact as is required by the training. The “Member” signs this waiver of liability fully realizing that his/her participation or engagement in the activities of the “School” may subject him/her to personal injury or bodily harm. The “Member” confirms that engaging in martial arts is a potentially hazardous activity and may result in injuries to him/her for which he/she accepts full responsibility.
TERMS AND CONDITIONS OF THE STANDARD MEMBERSHIP AGREEMENT
By signing this legal document, you will waive certain legal rights, including the right to sue. Please read carefully.
This is an agreement between Premier Barbados BJJ Inc., hereinafter referred to as the “School”, and the undersigned, hereinafter referred to as the “Member”. The “School” operates and maintains an establishment for the purpose of providing to qualified persons, the necessary facilities for progressive instruction, fitness, conditioning, and Martial Arts activities; and the “Member” desires to enrol as a member of the “School”, for the right to be admitted to the same. The “Member” agrees that the “Member” will pay monthly dues for the privilege of having admittance to the facilities until the membership is cancelled giving written notice of at least thirty (30) days after the end of the 30 day trial period. Each membership is a pay- month-to-month membership with an annual increase up to 2% to compensate for inflation at the end of the term until cancelled with a written 30 days notice in accordance with the law..
WAIVER AND RELEASE:
The “Member” permits the “School” to use, reproduce, and/or publish photographs and/or video that may pertain to him/her, including image, likeness and/or voice without compensation. The “Member” understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on the “School’s” or project sponsor’s Internet web page. The “Member” is intending to be legally bound hereby and as a condition of participation at the “School”, expressly agrees to hold harmless and forever release, waive, and discharge the “School”, together with its owners, operators, directors, agents, sponsors, instructors, employees, independent contractors, volunteers and members from any act committed or omitted by him/her, from any and all claims, suits, complaints, liabilities, obligations, demands, actions, or causes of any action whatsoever, that he/she or his/her administrators, executors, heirs, next of kin, or assigns may at any and all times hereafter have or obtain, due to or as a result of, any personal injury, bodily harm or death sustained or suffered by him/her during, or damage to person or property arising out of, or as a result of any “School”, physical or athletic activity, physical instruction or sport conducted or carried on by or for the “School”, whether by itself or with others or in or occurring while he/she is on any premises or property occupied or used by the “School” or at any “School” event, whether caused by active or passive negligence, fault, failure or otherwise.
The “Member” confirm that the “Member” does not suffer from any physical or mental disability which would prevent him/her from engaging in martial arts in which would increase his/her risk of injury and hereby acknowledges that he/she is in good mental and physical health and physically able to participate in a stressful martial arts and/or exercise program. The “Member” undertakes all recommended programs, treatment and exercise by the “School” on a voluntary basis and at his/her own risk. The “School” will make no evaluation whether the “Member” or his/her guest is sufficiently fit for any exercise activities.
NON-COMPETE AND NON-SOLICITATION:
For so long as the “Member” trains with or works for the “School” and for a period of twenty-four (24) months after termination, for any reason, the “Member” shall not directly or indirectly solicit business from student(s), clients and prospective clients of the “School” nor shall said “Member” engage in any capacity in any enterprise conducting business activities that are the same as or similar to the “School” within the non-compete geographic area of the city limits of any current and future business and/or affiliated schools of the “School” or a 20 kilometre radius, whichever is larger. The “Member” will not in any way, directly or indirectly induce or attempt to induce any instructor or contractor of the “School” to quit employment or retainer with the “School” or otherwise interfere with or disrupt the “School’s” relationship with its students and/or instructors. Should either party lawfully terminate this agreement, the Non-Compete clause hereof shall survive any such termination and remain in full force and effect until the expiration of their legal enforceability.
All parties herein acknowledge and agree that regular class attendance is important for “Member” progress and understands that it is the “Member’s” responsibility to attend classes and that the undersigned is obligated to make payments whether or not the “Member” attends classes and that failure to complete the lessons is not a waiver of the obligation to pay membership fees in full. The undersigned understands that membership fees are not affected by lesson schedules, holidays and/or attendance. The “School” does not contract to provide service or provide “Member” with continuous personal supervision in respect of the use of facilities. The “School” reserves the right to refuse admittance to any “Member” for any violation of the terms of this agreement, or for any reason deemed appropriate by the management. It’s obligatory that each “Member” sign in at the reception area.
In the event that the “Member” wishes to cancel his/her membership after the ten days instant cancellation period he/she shall give thirty (30) days written notice of any form of cancellation of this agreement to the “School”. The “Member” agrees that any dues are in arrears need to be paid in full before the completion of cancellation. The “Member” further agrees that failure on his/her part to take advantage of the privileges of membership shall not relieve the “Member” from liability for any dues owing. The dues will continue automatically on a month to month basis until written cancellation is received.
The “Member” understands and agrees that there is a $30 NSF service charge for any default in payments owed to the “School”. The “Member” further agrees to pay all collection costs, including but not limited to, reasonable attorney fees, late charges, and litigation cost, in the event of any breach, including failure to make any required payment in a timely manner. Upon default of any payment, the “School”, its agents or assignees may declare all or part of the balance of membership due, and the “Member” agrees to pay interest on the amount declared at a rate of 24% per annum, calculated from the date of default to the date of payment.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Barbados BJJ Inc.
#16 Moravians Garden, Maxwell
Christ Church, Barbados
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Barbados as applied to contracts that are executed and performed entirely in Barbados. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Barbados. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: August 2022