SIGMA MARTIAL ARTS, LLC
MEMBERSHIP AGREEMENT
This Membership Agreement is between Member named above and Sigma Martial Arts, LLC ("Sigma"), effective as of the signature date below.
Member’s Name: {name}
Address: {address}
Phone Number: {phone}
Date of Birth (if under 18 years of age, parent/guardian should complete consent below): {dob}
- PAYMENT. Dues may be paid by automatic debit or credit card transaction or in-person via debit, credit, or cash. All initial payments are due in full upon signing. A late fee of 1.5% will be applied for any payments not made within five days after the due date. A charge of $25 will be made for any checks returned due to insufficient funds. THE MEMBER HEREBY AUTHORIZES SIGMA TO CHARGE THE CREDIT CARD ON FILE FOR ANY SERVICES, RETAIL ITEMS, PACKAGES OR MEMBERSHIPS UPON MEMBER’S REQUEST.
- MEMBERSHIP. If the Member purchased a membership, the Member agrees to pay dues on the frequency dictated by their membership type. Except if the Member’s membership is a “Founder’s Rate” membership, Sigma may change membership dues under this Agreement by providing notice of such change to the Member. Member may pause membership according to Sigma's membership pausing policy, which may be updated from time to time.
- CLASS PASS PACKAGES. If the Member purchased a class pass, the Member agrees to pay dues immediately upon purchasing a class pass. Member must use the classes in the purchased class pass within three months of purchase or forfeit any remaining classes in their class pass.
- RULES. The Member agrees to keep and obey all policies, rules and regulations now in force or in the future prescribed or enforced by Sigma for the access and use of training facilities, premises, and equipment. Sigma reserves the right to revoke access if Member fails to keep and obey such rules and regulations, or for reasons of nuisance, disturbance, risk of harm to self or others, moral turpitude, or fraud.
- TERMINATION. Member may terminate this agreement with 30 days’ notice to Sigma and by paying a final termination fee equal to one month at their current monthly rate. Any dues paid prior to Member providing notice of termination shall be non-refundable, except if a Member dies or becomes permanently disabled (Sigma may request written proof of such occurrence, and Member or Member’s representative will provide upon request). Without limiting Sigma's ability to terminate this membership for cause, Sigma may terminate this membership for any reason at any time.
- MEMBER’S REPRESENTATIONS AND WARRANTIES. Member represents and warrants that they have no medical or physical condition or history which would prevent them from using or participating in any or all of Sigma’s equipment or services. Member further represents and warrants that they have not been instructed by a physician or other qualified health care professional not to use or participate in Sigma’s equipment or services. In the event that Member is, at any point while Member’s membership is active, instructed by a physician or other qualified health care professional not to use or participate in Sigma’s equipment or services, Member shall promptly notify Sigma in writing.
- ASSUMPTION OF RISK. MEMBER UNDERSTANDS AND AGREES THAT, AS PART OF THEIR MEMBERSHIP, THEY ARE VOLUNTARILY PARTICIPATING IN PHYSICAL ACTIVITIES THAT COULD EXPOSE MEMBER TO THE RISK OF INJURY OR SICKNESS. MEMBER REPRESENTS THAT THEY ARE AWARE OF THE NATURE OF THE ACTIVITIES IN WHICH THEY WILL PARTICIPATE AS PART OF THE MEMBERSHIP AND HEREBY VOLUNTARILY AND KNOWINGLY AGREES TO ACCEPT ANY AND ALL RISK ASSOCIATED THEREWITH. MEMBER UNDERSTANDS THAT SIMGA MAKES NO GUARANTEE REGARDING ANY RESULTS OF THE MEMBERSHIP AND THAT RESULTS WILL VARY.
- CONSENT/WAIVER. Member hereby acknowledges the risks inherent in the training being offered by Sigma and consents to train under Sigma. It is further agreed that all training, exercising, and the use of Sigma's premises and facilities shall be at the Member's sole risk. Notwithstanding any consultation on training programs which may be provided by Sigma employees or agents, it is hereby understood that the selection of training programs, methods and types of equipment shall be Member's entire responsibility, and Sigma shall not be liable to Member or Member's family for any claims, demands, injuries, damages, or actions arising due to injury to Member's person or property arising out of or in connection with the use by Member of the services and facilities of Sigma or the premises where the training is located. If Member brings any personal property onto the premises, Member takes such action at Member's sole risk. Sigma is not responsible in any way for damage to or loss of any personal property which Member brings onto the premises. Member hereby holds Sigma, its successors, assigns, owners, officers, directors, employees, and agents harmless from all claims which may be brought against them by Member, on Member's behalf, by Member's family, and Member's executors, administrators, and personal representatives for any such injuries or claims aforesaid and Member on Member’s behalf and on behalf of Member’s family, executors, administrators, and personal representatives does hereby forever release and discharge Sigma, its successors, assigns, owners, officers, directors, employees, and agents from all claims, demands, injuries, damages, actions, losses and expenses. This section will survive any termination, cancellation, or expiration of this Agreement.
- MEDIA WAIVER. Member hereby grants permission to Sigma to take photographs or audio or video recording of Member to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now known or later developed for marketing, social media, or other reasonable purposes. Member acknowledges that Sigma owns all rights to those images, videos and recordings, including any derivative works created.
- DISPUTE RESOLUTION. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be settled through direct discussions, the Member and Sigma agree to endeavor first to settle the dispute by mediation before resorting to arbitration. The Member and Sigma further agree that any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- MISCELLANEOUS. This Agreement is personal to the Member; therefore, the Member shall not assign this Agreement, in whole or in part. Except as stated herein, the terms and provisions of this Agreement may not be modified or amended except in a writing signed by all parties. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts. No waiver of a breach of any provision of this agreement shall be construed to be a waiver of any breach of any other provision of this Agreement, or of any succeeding breach.
- PARENTAL/GUARDIAN CONSENT. If the Member is a minor, the following terms will apply: The undersigned person is the parent or guardian of the Member in Agreement and make this agreement for the purpose of enabling the Member to train at Sigma. The undersigned person consents to the Member participating in the training offered by Sigma and are aware of the risks involved in such use. The undersigned person further agrees that this consent shall constitute a bar to any recovery by the Member for any loss to the Member due to such participation. The undersigned person hereby holds Sigma, its successors, assigns, owners, officers, directors, employees, and agents harmless from all claims which may be brought against them by the undersigned person, the Member or on the Member's behalf or by Member's family for any such injuries or claims aforesaid and the undersigned person for themselves and on behalf of Member and his family, executors, administrators, and personal representatives do hereby forever release and discharge Sigma, its successors, assigns, owners, officers, directors, employees, and agents from all claims, demands, injuries, damages, actions, losses and expenses.
MEMBER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT AND ACKNOWLEDGES THE AGREEMENT TERMS.
Signed by Member: (name}
Date: {sign_date}
Signature: