Member and/or Participant Agreement
The undersigned ("Member" or "Participant"), desires to become a member of or participant of an event/activity of Berge Elite Wrestling Academy LLC. (“BEWA”) and agrees to the following terms and conditions:
PAYMENT OF FEES and MEMBERSHIP FEES. All payments to BEWA are final and can be made by a Monthly Draft Payment in the amount according to the membership plan provided or in a one-time-payment for memberships/events/camps/clubs/practices/services. In addition, if applicable, additional one-time and/or recurring fees may be executed - such as a sign-up fee or quarterly member service fee.
All charges and fees are subject to a processing fee of up to 3% for fees incurred by us to accept card payments from you.
Should Member/Participant select the Monthly Draft Payment option, Member/Participant agrees to pay the then-current monthly Membership Fee, plus applicable taxes and fees, each month thereafter through automatic payments from an account or automatic charges to a credit card or ACH account maintained by Member/Participant in a financial institution, pursuant to a members consent through online sign-up completed by a Member/Participant or through an in-person encounter or phone call with the Member/Participants permission to setup and bill an account.
TERM. Payments to BEWA are month-to-month, termed, or one-time corresponding to the duration of an event/camp/club/practice/membership - payments are due in advance. Automatic drafts will not be canceled without thirty (30) days written notice, by electronic means through the "adjust/cancel memberships'' page found on the BEWA website for your location. No refunds will apply.
GYM MEMBERSHIP ACCESS (separate from club memberships). Gym Members (not applicable for events/camps/clubs/practices) will be issued a credentialed access pass, which will entitle Member to enter select premises’ (as long as not conflicting with scheduled events or practices) to enjoy the use and benefit of the facilities of BEWA (collectively, the ("Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's phone, and Member will not allow anyone to enter the Facility along with Member. Members will be automatically billed through members card/ACH on account at the “drop-in” rate for all non-members entering the facility with members. Members agree to safeguard their phone. Should Members violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
FACILITIES AND HOURS OF OPERATION. The Facility may at times be an unmanned fitness center and, except for any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open during posted hours. Hours are subject to change at any time. Certain amenities such as, but not limited to, wrestling mats, may have differing hours of availability.
RULES AND REGULATIONS. Member/Participant acknowledges that BEWA operates under rules and regulations established for the safety and protection of its members and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by BEWA. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of BEWA. Member/Participant agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
Under no circumstances shall Member/Participant move exercise equipment or use the equipment in any manner not authorized by BEWA.
All equipment shall be wiped down by Members after each use, with the supplies provided by BEWA.
This membership and/or event/camp/club/practice pass is for Member/Participant and Member/Participant only, and Member/Participant will not give access to another individual.
Members/Participants will not misuse the equipment. Should Member/Participant damage or break any of BEWA's equipment or property, Member/Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.
All Members/Participants must be at least eighteen (18) years of age or accompanied by a parent or legal guardian unless participating in a BEWA supervised event/camp/club/practice.
Member/Participant shall conduct themselves in a well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Any conduct deemed by BEWA, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member/Participant's membership/facility access by BEWA.
BEWA shall not be responsible for any lost or stolen items.
Members/Participant should not occupy any equipment for an extended period. Members/Participants should allow others waiting to use such equipment to work into their rotation.
In the event of an emergency, BEWA is authorized to notify the person(s) listed under Member/Participant’s emergency contact information.
Members/participants may not use the facility to instruct or coach individual or group training sessions (paid or unpaid). Any participant wishing to instruct or coach using the BEWA facility must do so with arrangements and express written permission through BEWA.
PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member/Participant agrees not to use the Facility or engage in any activity at BEWA while under the influence of drugs, alcohol, or medication that may impair Member/Participant's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of BEWA management. BEWA reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
DRESS/TOWEL POLICY. Required that Member/Participant wear publicly appropriate clothing and footwear while in the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member/Participant's use.
COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Ohio.
FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
SUSPENSION AND TERMINATION. I understand that BEWA may suspend or terminate my membership or access at any time, in its sole and absolute discretion, for non-payment of Fees/Membership Fees, for violation of any of BEWA's policies and procedures, or for any reason provided or unprovided. In so doing, BEWA assumes no further liability to adhere to the terms of this Agreement.
ACCEPTANCE OF TERMS. As a Member/Participant, I understand that I am entitled to use the Facility within the scope of the membership/event/camp/club/practice that I have selected, and that I am obligated to pay my dues and fees regardless of whether I use the Facility.
I agree to promptly update BEWA of any change in my contact information
(including address, telephone number or email address) or change in payment method information.
I certify that I have read the foregoing Membership and/or Participant Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership and/or Participant Agreement has been provided to me here.
Liability Waiver/Informed Consent and Acknowledgements
In consideration for receiving permission from BEWA Wrestling LLC (“BEWA”) to use its facilities, amenities, equipment and participate in or spectate wrestling, strength, and conditioning training, Massage, or any other related activities (collectively, the “Activities”) in association with BEWA, either at any of its operating facilities, future operating facilities, or offsite, “I” or the “member/participant”, an adult being eighteen (18) years of age or older, or the custodian and legal guardian of a participating minor, (the “Minor”), hereby DISCHARGES, WAIVES, AND FULLY RELEASES BEWA, along with its owners, officers, employees, agents, representatives, successors, and assigns from any and all liability and claims, of whatever form or nature, known or unknown, concerning, relating to, or arising from the member’s and/or the Minor’s participation in, spectating of, and travel to and from, any of the Activities or use of facilities/amenities/equipment.
Member/Participant understands that wrestling, grappling, weightlifting, strength training, cardiovascular exercise, yoga, physical therapy, massage, and other athletic activities are inherently dangerous and engaging in, or spectating, any of the Activities or use of facilities/amenities/equipment entails a significant risk of bodily injury or death. Furthermore, member understands that the Activities involve close contact with other individuals and participating in, or spectating, the Activities or use of facilities/amenities/equipment may increase one’s risk of injury, death, and/or contracting diseases, including, but not limited to, COVID-19 and skin infections. Member/Participant hereby assumes all risk of Member/Participant's, and/or Minor’s, participation in, spectating of, and traveling to and from, any of the Activities or use of facilities/amenities/equipment and irrevocably waives all claims or demands, of whatever form or nature, known or unknown, against BEWA, concerning, relating to, or arising from any of the Activities or use of facilities/amenities/equipment.
I (Member/Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall BEWA be liable for any damages caused to myself or a third party for any failure of any such equipment. I (Participant/Member) hereby represent that I have conducted a thorough visual inspection of the
Facility and equipment I will be using, and I am aware of any potential hazards associated with the Facility and/or such equipment.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of BEWA
Neither Member/Participant nor Minor, if applicable, have any physical limitations, physical ailments, or physical or mental disabilities that would limit him, her, or them from safely participating in any of the Activities or use of facilities/amenities/equipment. Member understands that BEWA has urged Member/Participant and Minor to obtain a medical and physical examination from a doctor prior to participating in any of the Activities or use of facilities/amenities/equipment.
Member/Participant agrees to hold harmless, defend and indemnify BEWA from any claim or action, present or future, related to injury or damage to Member/Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Member/Participant's participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of BEWA.
Member/Participant hereby RELIEVES BEWA TO PROTECT PARTICIPANT FROM HARM in connection with any Activities, Outside Activities, Associated Activities or use of facilities/amenities/equipment in which BEWA is involved in any way.
In the event Member/Participant does suffer any type of damages or injury, Member/Participant shall notify BEWA immediately of any such occurrence or cause
This Liability Waiver shall continue in effect in perpetuity so that each time a Participant or Member uses the Facility or participates in any Outside Activities or use of facilities/amenities/equipment from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
This Participant/member and Liability Waiver Agreement shall be governed by Ohio law, without regard to conflicts of laws principles. In addition, Participant or Member agrees that jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the United States District Court for the Southern District of Ohio located in Columbus, Ohio or in the Franklin County Municipal Court.
I HAVE READ AND FULLY AGREE TO THE TERMS OF THIS WAIVER AND RELEASE. I UNDERSTAND AND CONFIRM THAT BY SIGNING THIS WAIVER AND RELEASE I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. I HAVE SIGNED THIS WAIVER AND RELEASE FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT, PROMISE, OR GUARANTEE BEING COMMUNICATED TO ME.
Medical Authorization:
In the event of an injury or medical emergency, I allow BEWA to provide first aid, arrange transport to a medical facility, and authorize emergency treatment as recommended by a doctor for the Member/Participant named above.
I understand that all reasonable efforts will be made to contact the Member/Participant’s parent and/or emergency contact if an injury or medical emergency occurs.
Member and/or Participant Media Release
In consideration for BEWA’s permission to participate in and/or spectate the Activities or use of facilities/amenities/equipment, Member/Participant gives permission for Member/Participant and/or the above-mentioned Minor to be photographed and video or audio recorded, and gives permission to BEWA to use, reproduce, and/or publish photographs, video recordings, or other recordings that may pertain to Member/Participant's and/or Minor including Member/Participant's and/or Minor’s image or likeness.
Member/Participant understands that this material may be used in various publications, public affairs releases, and recruitment materials. This material may also appear on BEWA’s Social Media pages and Internet Web Page. This authorization is continuous and may be withdrawn only by Member/Participant’s written rescission of this authorization.