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Grapple City Brazilian Jiu-Jitsu Waiver of Liability

1509602 B.C. LTD. operating as “Grapple City”

WARNING: PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY PARTICIPATING IN GRAPPLE CITY'S ACTIVITIES, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In consideration of being allowed to participate in activities, classes, and events at Grapple City Brazilian Jiu-Jitsu ("Grapple City"), I, the undersigned, acknowledge and agree to the following:

1. Assumption of Risk

1.1 I understand that Brazilian Jiu-Jitsu (BJJ), martial arts, and fitness activities are inherently dangerous and involve the risk of physical injury, illness, or even death.

1.2 I voluntarily assume all risks associated with participation, including but not limited to:

• Collisions or contact with other participants.
• Physical exertion leading to injuries (e.g., strains, sprains, fractures).
• Use of equipment and facilities.
• Exposure to communicable diseases, including but not limited to COVID-19, influenza, or any other transmissible illnesses.

2. Release of Liability

2.1 I release and discharge Grapple City, its owners, directors, instructors, staff, representatives, agents, volunteers, and affiliated organizations (the "Released Parties") from any and all liability, claims, demands, or causes of action arising out of or related to my participation.

2.2 This release includes, but is not limited to, claims for negligence, gross negligence, or breach of any duty of care owed by the Released Parties.

3. Indemnification

3.1 I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action brought by any third party as a result of:

• My actions, negligence, or conduct.
• My failure to disclose any pre-existing medical conditions or injuries.

4. Medical Fitness

4.1 I confirm that I am physically fit and have no medical condition that would make participation in Grapple City’s activities inadvisable or dangerous.

4.2 I will disclose all relevant medical conditions, injuries, or limitations to Grapple City before participating in any activities.

4.3 Participants are encouraged to consult with a healthcare professional and undergo a fitness evaluation before engaging in Grapple City’s activities.

5. Photo and Media Usage

5.1 Grapple City may use photos or videos of participants for promotional purposes, including social media, websites, and marketing materials. Participants may opt out of this by providing written notice to Grapple City.

6. Acknowledgment of Policies

6.1 I agree to follow all Grapple City policies, rules, and codes of conduct, as outlined by the gym.

6.2 I understand that failure to adhere to these policies may result in termination of my membership without refund.

6.3 I agree to comply with all safety protocols, including but not limited to hygiene practices, use of protective gear, and adherence to staff instructions during activities.

7. Governing Law

7.1 This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. Any disputes arising from this agreement shall be resolved exclusively in the courts of British Columbia.

8. Severability

8.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. Agreement Binding on Minors

9.1 If the participant is under the age of 18, this agreement must be signed by a parent or legal guardian.

9.2 The parent/guardian agrees to release, indemnify, and hold harmless the Released Parties on behalf of the minor participant.

9.3 If a participant misrepresents their age to participate without proper consent, Grapple City reserves the right to void this agreement and deny access to activities. The participant and their parent/guardian accept full responsibility for any consequences arising from such misrepresentation.

10. Force Majeure

10.1 Grapple City shall not be held liable for disruptions or inability to provide services due to circumstances beyond its control, including but not limited to natural disasters, government-mandated closures, or other emergencies.

MEMBERSHIP PERIOD A membership period is defined based on the chosen plan (e.g., monthly or prepaid term). Monthly memberships are automatically renewed at the end of each period unless cancellation is provided as outlined below. Prepaid memberships cover a set term and do not auto-renew. Grapple City reserves the right to modify membership fee schedules at any time with a minimum of 30 days’ notice to members.

AGE VERIFICATION By signing this agreement, the participant affirms that the information provided, including age, is accurate and truthful. Providing false information, including misrepresentation of age, constitutes a breach of this agreement and may result in immediate termination of membership and forfeiture of fees.

MEMBERSHIP CANCELLATION For monthly memberships, cancellation requires written notice at least 30 days before the renewal date. For prepaid memberships, cancellations are non-refundable but may be eligible for deferral or transfer upon request, subject to approval. Cancellation requests must be submitted via email to grapplecity786@gmail.com or through the official cancellation form in Gymdesk. Ensure you receive a confirmation of your request. Failure to provide proper notice for monthly memberships will result in continued billing.

MEMBERSHIP TEMPORARY SUSPENSIONS Members may request to freeze their account for up to 3 months or a period determined at Grapple City’s discretion. Requests must be submitted via email to grapplecity786@gmail.com or through the Gymdesk suspension form at least 2 weeks before the requested start date. Approval is subject to Grapple City’s evaluation, and members must receive confirmation of their request. Billing will resume automatically at the end of the suspension period unless otherwise agreed. Extended suspensions may result in losing class spots.

PAYMENT TERMS Members with monthly memberships must maintain an active credit card on file for recurring payments through Gymdesk. Prepaid memberships require full payment upfront. For monthly memberships, if payment fails, Grapple City will provide a one-time courtesy reminder. Subsequent failed payments will incur a late fee of either $25 for unlimited monthly memberships or $12.50 for once-a-week memberships. These late fees are subject to change at Grapple City’s discretion. After three failed payment attempts, Grapple City reserves the right to cancel the membership until outstanding balances are resolved. To avoid interruptions, keep payment information current in your Gymdesk account.

CUSTOMER RESPONSIBILITY It is the member’s responsibility to ensure timely payments. If your credit card, bank account, or payment method changes, notify Grapple City through Gymdesk at least 15 days before the next billing cycle to avoid late fees. Grapple City will not issue additional payment reminders; your credit card or bank statement serves as your receipt.

LIABILITY WAIVER Participants acknowledge that Brazilian Jiu-Jitsu and related activities involve inherent risks. By signing this agreement, the participant releases Grapple City, its instructors, staff, and agents from liability for injuries, losses, or damages arising from participation, except where caused by gross negligence or willful misconduct. Participants affirm they have no physical conditions or injuries that could affect their ability to safely participate or have disclosed such conditions in writing.

BUYER'S RIGHT TO CANCEL If you wish to cancel this agreement, email grapplecity786@gmail.com within 7 days of your first class. State clearly that you wish to cancel your membership. This agreement may also be canceled if Grapple City ceases operations.

CLASS SCHEDULE Grapple City reserves the right to modify the class schedule, temporarily or permanently, at any time. Members on prepaid plans should contact Grapple City for adjustments if changes impact their scheduled attendance.

ADDITIONAL COSTS Uniforms, equipment, camps, private lessons, and belts are additional costs not included in tuition or registration. The required gear depends on the training discipline. Uniforms and belts are mandatory for specific programs, and members will be billed for belts upon promotion. Gear can be purchased through Grapple City or an external supplier. Contact your instructor for specific gear requirements.

DATA MANAGEMENT Grapple City uses Gymdesk software to manage memberships, payments, and member communication. All sensitive data is securely stored and handled according to Gymdesk’s privacy and security policies.

AGREEMENT TERMS By choosing a membership plan (monthly or prepaid) and signing below, I confirm that I have read, understood, and agreed to the terms of this Membership Agreement, including the Liability Waiver Form. I acknowledge that this agreement and related information will be securely stored in Gymdesk unless terms and conditions change, at which point a new contract will be issued.