TERMS AND CONDITIONS
1. The parties agree to the following terms and conditions:
a. Client is engaging Eleven Elevation LLC for fitness services to be provided at Eleven Elevation LLC.
b. Client agrees to the terms of the Informed Consent and Assumption of Risk and Release of Liability.
c. Client agrees to inform Eleven Elevation LLC and teacher(s) of any and all conditions, medical or otherwise, that may affect his/her ability to participate in training sessions.
2. Training Sessions. Training Sessions may include but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; Jiu Jitsu training; and stretching.
3. Indemnity. Client agrees to indemnify and hold harmless Eleven Elevation LLC and its Teacher(s) for any injuries, illnesses, and the like experienced as the result of class attendance.
4. Cancellation/Refunds. Eleven Elevation LLC allows customers to cancel their membership at any time by logging into their account located on our website. We DO NOT issue refunds for customers who forget to cancel their membership, we can issue class credits.
5. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both Eleven Elevation LLC and Client.
6. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
7. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding all over the world. The Parties each represent that they have the authority to enter into this Contract.
8. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
9. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
10. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the property is located, without giving effect to any conflicts of laws provisions.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES.
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is material to the Jiu Jitsu Contract and is incorporated herein by reference.
1. Client certifies that he/she is of adequate physical condition to participate in physical exercise.
2. Client certifies that he/she assumes the risk of physical injury, whether minor, severe, or otherwise.
3. Client certifies that he/she will disclose to Instructor whenever suggested activities cause distress beyond Client’s threshold.
4. Client certifies that he/she will not hold Eleven Elevation LLC or its Teacher(s) liable for any physical injury, whether minor, severe or otherwise that result from Training Sessions.
5. Client certifies that he/she assumes all responsibility for his/her participation in the Training Sessions.
ACKNOWLEDGMENT
I AM IN GOOD PHYSICAL AND MENTAL HEALTH AND DO NOT SUFFER FROM ANY PHYSICAL CONDITIONS THAT COULD CONSTITUTE A DANGER TO MYSELF OR OTHERS AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, AND I ACCEPT TO PARTICIPATE IN THE ACTIVITIES FREELY.
PROMOTIONAL MATERIAL – I give my permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, I send to Eleven Elevation LLC and or to their social media. I agree that anything I send, Eleven Elevation LLC has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.