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MEMBERSHIP LIABILITY RELEASE WAIVER

Recognition of Inherent Risks

I, {name}, hereby understand and acknowledge that the equipment, facilities, training, programs, and/or events held by Carbon Valley Wing Chun, LLC (hereinafter “Gym”) may expose me to many inherent risks, including accidents, injury, illness, permanent disability or even death. I assume all risk of injuries associated with participation including, but not limited to, falls, infections, contact with other participants, the effects of the weather, including high heat and/or humidity, weight lifting, use of equipment, participating in gym activities, and all other such risks being known and appreciated by me.

Responsibility to Communicate Physical Or Mental Restrictions In Writing

I hereby acknowledge my responsibility in communicating, in writing, any physical and psychological concerns, that might conflict with participation in activity, and presenting those concerns to the Gym owner prior to participating. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.

Waiver of Liability

In consideration of my use of the exercise equipment and facilities provided by the Gym, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the Gym and its officers, agents, employees, organizers, insurers, directors, associates, representatives, and successors, shall not be liable for any damages arising from personal injuries (including death) or other damages (both economic and non-economic) sustained by me, on, or about the premises, or as a result of the use of the training, programs, events, equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the Gym. 

I understand and agree that the Gym is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. 

Indemnification, Hold Harmless and Release

By the execution of this agreement, I agree, for myself and anyone entitled to act on my behalf, to fully and forever INDEMNIFY, HOLD HARMLESS, DISCHARGE, WAIVE AND RELEASE the Gym, its officers, agents, employees, organizers, insurers, directors, associates, representatives, and successors from any responsibility for damages (both economic and non-economic), liabilities, demands, rights of action, causes of action, losses of any type, or claims of any kind, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from arising out of the use of or my participation in the Gym training, programs, events, equipment or facilities.

Compliance With Rules

I agree to comply with all rules imposed by the Gym regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment, training, or property in a manner inconsistent with its intended design and purpose. 

Voluntary Signature

I HAVE READ THE FOREGOING WAIVER, INDEMNIFICATION, AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.

{name}

{sign_date}

MEMBERSHIP AGREEMENT

Member Information

Name: {name}                                                               

Phone: {phone}                                                

Membership Fees                                                                                                       

This Membership Agreement between {name} (hereinafter “Member”), and Carbon Valley Wing Chun, LLC (hereinafter "Gym") is on the following terms: 

• Term: Monthly
  

• Auto-renewing?: Yes

Payments

Membership payments are paid, in advance of each term, by automatic electronic payment (credit card, debit card, or automatic checking account draft), cash, check, CashApp, or Venmo. Failed payments will automatically be re-tried. By providing your checking account, debit card or credit card information you allow Gym to automatically withdraw dues and fees as they come due each payment period, and to attempt to collect any past-due amounts.

Right to Modify Dues

The Gym may change membership dues at the end of any Agreement term, or, if you have a Month-to-month Membership, then Gym may alter your Dues at any time.

Late or Declined Payment Fees

No fees will be deducted for late payments, however you will not be able to attend class until your account is brought current. A charge of $25 will be made for any ACH or other payments returned due to insufficient funds.  

Conditions of Membership

Member understands that late payments or a failure to pay violate the Gym rules, and this agreement. Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by the Gym, for the use of the Gym training facilities, premises, and equipment therein, and the Gym reserves the right to revoke this membership for cause if Member fails to keep and obey any of such rules and regulations, or for reasons of nuisance, disturbance or other members or staff, moral turpitude or fraud. 

It is expressly understood and agreed that this contract is not assignable or transferable by Member and no rights or privileges granted by this membership can be transferred or assigned by Member.

Assumption of Risks

It is further agreed that Member assumes certain risks of participation in Gym activities, responsibilities of conduct and communication, and agrees to certain limitations of liability, hold harmless, and releases as described in that certain Member Liability Release Waiver which is incorporated into this Agreement by reference thereto. 

Damages

Members shall pay for any damages to Gym property which results from the willful or negligent conduct of member, member’s guest or dependent children.

Right of Rescission

New Members have three days after signing this Agreement to cancel their membership without penalty. If, within three business days of signing this Agreement, you decide you do not wish to remain a member of the Gym, you may cancel this contract, by notifying the Gym, in writing, at the Gym’s legal address of record, of your desire to revoke this Agreement. Gym will, within thirty days, return all amounts paid less $25 for usage of facility during those three days.

Early Cancellation of Membership By Member

If, after three business days of signing this Agreement, you decide you do not wish to remain a member of the Gym, you may cancel this contract, by notifying the Gym, in writing, at the Gym’s legal address of record, of your desire to revoke this Agreement. There are no refunds for membership fees.

Conduct

Gym is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, racist, homophobic, transphobic, or illegal behavior. Gym has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior.

Initial here confirming you have read this section:

Other Terms

This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties

Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.

If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.

MEMBER ACKNOWLEDGES ELECTRONIC OR PAPER RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH GYM AND MEMBER AND ACKNOWLEDGES THE AGREEMENT TERMS.

Date: {sign_date}
Name:

COVID-19 AND OTHER ILLNESS RISK RELEASE

Ongoing Situation

The Martial Arts, and especially Wing Chun, require contact, and thus a certain level of risk is unavoidable. However, Fort Collins Wing Chun has taken steps to ensure student safety. The following protocols are in effect until such time as is deemed appropriate.

Risks of Training

You may inadvertently be exposed to the SARS-COV-2 virus, or other pathogens, during your training, despite our best efforts. Carbon Valley Wing Chun, LLC is not responsible for any potential infections nor potential side-effects of infections, up to and including death. YOU TRAIN AT YOUR OWN RISK.

Training Protocols

If you are exhibiting any symptoms of COVID-19 or other illness, you will NOT be allowed to train. Please stay home.

Misinformation Policy

We have a Zero Tolerance policy towards health misinformation. Anyone heard spreading misinformation around the SARS-COV-2 virus, vaccinations, or other illnesses, will be asked to leave immediately and not return. Your membership will be cancelled effective immediately and you will not be allowed to rejoin, nor will you receive a refund. 

I, {name}, HAVE READ AND FULLY UNDERSTAND THE ABOVE POLICIES AND ASSUMPTION OF RISK. I UNDERSTAND THAT THERE IS AN INHERENT RISK OF TRAINING A CLOSE CONTACT MARTIAL ART DURING A PANDEMIC. I AGREE TO HOLD CARBON VALLEY WING CHUN, LLC BLAMELESS FOR ANY POTENTIAL INFECTION OR SIDE EFFECT OF INFECTION, UP TO AND INCLUDING DEATH. I AGREE TO ABIDE BY ALL POLICIES AND PROTOCOLS OUTLINED IN THIS DOCUMENT AND/OR COMMUNICATED VERBALLY TO ME BY ALL INSTRUCTORS.

Name: {name}

Date: {sign_date}