*This agreement is a month to month agreement after the initial term we will continue to automatically charge your account until you send a signed written notice of cancellation by email.
*By signing you agree to the total down payment and monthly charges as discussed with you in regards to your monthly membership.
Parties: The Service Agreement (The “Agreement”) is between Carlson Gracie Miami, BBLL, and you (“Student). Carlson Gracie Miami and Student agrees that Student is purchasing from Carlson Gracie Miami, for the benefit of Student Martial Arts and Fitness instructions (“Services”) according to the terms on the front of this Agreement. Student further agrees/consents to the use of an electronic signature to record Students commitment to the terms of the Agreement. Notice to Customer: You are entitled to a copy of this Agreement at the time you sign it.
Late Charge – Payments received past scheduled due date are assessed a late fee of $25
Cancellation – All cancellations must be given with a 48 hour notice and Student must send an email to carlsongraciemiami@live.com with the request to cancel
Forced Cancellation – In the event that you become more than 2 months over due and did not send an email to cancel membership then we will force cancel and you will have to pay a RE-Registration fee of $75.00
By signing this agreement, student acknowledges that student has read, understood and agreed with all terms and conditions of this agreement, after having the opportunity to have it reviewed by an attorney at the discretion of student. Student further acknowledges student has received a filled in and completed copy of this agreement, which Full Release of Carlson Gracie Jiu-Jitsu Academy, clients acceptance of release and waiver, and all additional terms and provisions located on the front and reverse side of the Agreement. This agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between student and Carlson Gracie Jiu-Jitsu Academy. Carlson Gracie Jiu-jitsu Academy has made no express if implied warranties or misrepresentations other than those expressly set forth in this agreement to include Student to enter in this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original agreement. The Agreement is fully assigned by Carlson Gracie Jiu-Jitsu Academy
Clients Right to Cancel:
Physical Infirmity/Death: You may cancel this Agreement if you become Physically unable to avail yourself of a substantial portion of the services which you used from the commencement of the Agreement until the time of the disability, or upon your death, your estate may cancel this Agreement; and such cancellation shall be authorized only upon you or your estate furnishing Carlson Gracie Miami certification of such disability by a physician licensed under Fl state chapter 458,459,460 or chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice.
Refunds: No refunds shall be made for services purchased, except as specifically provided in this agreement.
Arbitration of disputes: All claims and disputes between student and Carlson Gracie Miami involving amounts in excess of $1,000.00 will be submitting to binding arbitration pursuant to the rules of the American Arbitration Association as its official nearest to the facility in which Student received the services. This means that student of Carlson Gracie Miami cannot sue each other in court in regards to claims or disputes, and student and Carlson Gracie Miami waive the right to trial by jury. The appointed neutral arbitrator may conduct a hearing and render a decision in student absence if, after due notice student fails to appear. Claims and disputes covered by this or arbitrates include all matters relating to this agreement and students personal training or martial arts instruction including, without limitation, monies, facility, representation and injuries to person or property.
Student’s Acknowledgment & assumption of risk: Student acknowledges that the service purchased hereunder including participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, and stationary bicycling, various aerobics conditioning machinery and possible various nutritional programs offered by Carlson Gracie Miami (the “Physical Activity’s”). Student acknowledgement these Physical involve the inherent risk of physical injury or bones, shin splits, heat prostration, knee/lower back/foot injury and any other illness, soreness, or injury however caused, occurring during or after student’s participation in the Physical Activities. Student further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over exertion of Student, slip and fall by Student, or an unknown health problem of Student. Student agrees to assume all risk and responsibility involved with Student participation in the Physical Activities. Student affirms that student is in good health and physical condition and does not suffer from any disabilities that would prevent or limit participation in the Physical Activities. Student acknowledges participation will be physical and mentally challenging, and student agrees that it is the responsibility of Student to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of student to take part in the Physical Activity. By signing this Agreement, Student asserts that Student is capable of participating in the Physical Activities. Student agrees to assume all risk and responsibility for Student’s exceeding his or her physical limits.
Limitation of Liability and Full Release of Carlson Gracie Miami: You hereby acknowledge and agree that your use of Carlson Gracie Miami facility, services, equipment of premises, involves risk of injury to persons and property, including those described above and below, and you assume full responsibility for such risk. In consideration of being permitted to enter any facility of Carlson Gracie Miami for any purpose including, but not limited to, observation, use of facilities services or equipment or participation in any way, you agree the following :You hereby release and hold Carlson Gracie Miami: its directors, officers, employees , and agents harmless from all liability to you and your personal representatives, assigns, heirs, and next of kin for any loss or damages, and forever give up any claim or demands therefore , on account of injury to your person or property, including injury leading to your death, whether caused by the active of passive negligence of Carlson Gracie premises or using any Carlson Gracie Miami Facilities, services or equipment. You also hereby agree to indemnify Carlson Gracie Miami form any loss, liability, damage or cost Carlson Gracie Miami may incur due to your presence in, upon or about the Carlson Gracie Miami premises or in any way observing or using any facilities or equipment of Carlson Gracie Miami whether caused by your negligence or otherwise. You represent (a) that you are in good health and physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health and (b) that you have consulted a physician concerning an exercise program that will not risk injury includes (but not limited to): injuries arising from you or other participants in supervised or unsupervised activities or programs at Carlson Gracie Miami: injuries and medical disorders arising from exercising at Carlson Gracie Miami such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others: and accidental injuries occurring anywhere in Carlson Gracie Miami Academy dressing rooms, showers, and other facilities. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
Successors and Assigns: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Student, and anyone claiming by or though Student. Carlson Gracie Miami may assign this Agreement, including Students payment obligation herein.
By signing I agree and understand all rules and regulation of this contract and obey by it.
Carlson Gracie Miami Service Agreement
I Authorize Carlson Gracie Miami, BBLL.LLC to charge my credit card on file automatically on a monthly basis for my membership without having to sign a receipt.
I am aware that Carlson Gracie Miami will charge my card on file automatically every month unless I email a request to cancel or freeze
I am aware that there will be an automatic $25 late fee for any payments declined. It is my responsibility to change the credit card on file if expired. It is my responsibility to email a stop payment if I do not have any funds at least 1 day prior to my billing date.
I am aware that I must email a request to cancel or freeze my monthly membership prior to my billing date in order not to get charged. No refunds will be given if forgotten
I am aware that upon my freeze grace period my account will automatically reactivate, unless I request to extend my freeze period.
I am aware that martial arts is a contact sport I hold Carlson Gracie Miami harmless of any personal liability such as bodily injuries.
I authorize my credit card on file to be charged automatically on the event I am graduated to a new belt. The cost of the belt will be a total of $45 (plus taxes). In the event my credit card is declined I am held responsible to make the payment to Carlson Gracie Miami at most the next business day
I am aware that after 1 year, my membership will increase by $5 a month. This will occur only upon my first year.
I authorize myself or my child to get photographed while in class and am aware pictures may be used for online marketing such as for instagram, websites, facebook and other online/printable ads.