LIABILITY, WAIVER AND RELEASE.

Member understand and acknowledge that strict observation of the Gym's rules and regulations, including the rules and regulations relative to training and the use of protective equipment, is required. Member understands and agrees that the use of the Gym's facilities and the Member's and/or Member's minor child's presence at the Gym and participation in the Gym program and classes is at the sole risk of Member and/or Member's minor child.

Member understands and acknowledges that martial arts and/or combat sports involve significant risk of serious injury by way of participation and training, including, but not limited to, violent and sudden movements, intentional and/or unintentional strikes, joint locks, chokes, strangulation, throws, take-downs, falling, chest compression, twisting of the limbs, manipulating the head, neck, wrists, compressing the chest, diaphragm, contact with the groin area and any and all parts of Member's body. 

Member understand and acknowledge that in connection with the participation, training and instruction, there will be physical contact between Gym instructor(s) and Member and between and among Member and other Members. Member understands and acknowledges that Member's participation in the Gym's program, classes and/or activities carries a high risk of personal injury and may result in personal injury to the Member (or Member's participating minor child). Member, individually and/or on behalf of Member's minor child, acknowledges martial arts and combat sports instruction involve the risk of serious injuries, including but not limited to, knee, elbow, wrist, head, neck, joint and/or spinal injuries, paralysis, or death. 

Participation in Gym's program, classes and/or activities involves cardiovascular exercise, which should not be undertaken by individuals with known or unknown heart defects or high blood pressure and/or any other medical condition of any kind.

The Member, individually on behalf of himself/herself and/or on behalf of Members participating minor child, hereby agrees to hold harmless, release, indemnify and forever discharge Fit & Fight Gym Co., and its owner(s), President, officer(s), director(s), employees, instructors, agents and authorized representatives and other Gym Members from any liability, claim or loss, including loss of property, life and/or limb, personal injury, or expense incurred by the Member or Member's participating minor child, and arising from the Member's execution of this Agreement, participation in any program, class and/or activity offered by the Gym, including but not limited to, any injury or damage caused by the negligence or gross negligence of the Gym and/or its owner(s), President, officer(s), director(s), employees, instructors, agents and authorized representatives and other Gym Members.

The Member specifically understands and agrees that he/she is assuming the risk of any and all injuries and loss that he/she may suffer or incur as a result of his/her participation in any program, class and/or activity offered by the Gym. Member agrees and waives any and all rights and/or claims for any civil action under the law arising out of any harm and/or injury to Member and/or to Members participating minor child.

PROGRAM,CLASSES, TESTING: Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole and absolute discretion of the Gym and may be changed at any time by Gym without notice. Gym will provide instructors to teach and supervise classes conducted inside of the Gym. Member understand that during the course of instruction, Gym instructors, authorized personnel and/or other Members will be engaged in a course of conduct requiring physical contact with the Member. Member (or parent and/or legal guardian on behalf of a participating minor member) hereby consents to engage in such contact as may be necessary or required by participation in the training program and/or classes. Upon recommendation by Gym, the Member must participate in a skills test. In the event Member fails and/or refuses to test, Gym reserves the right to expel, terminate, suspend Member in Gym's sole discretion, with Member still being responsible for the terms of this Agreement.

COSTS, FEES: In the event of Member's default under the terms of this Agreement, Member shall be liable to the Gym for collection costs, court costs, sheriff's fees, and reasonable attorney's fees incurred by the Gym in enforcing the terms of this Agreement. This Agreement shall become effective on the date of signing by Gym and Member. Member attests that he/she has read this entire agreement and fully understands its terms. If signing on behalf of a minor child member, the person signing attests that he/she is the parent and/or legal guardian of the minor child and has the authority to sign this Agreement on behalf of the minor child. Member acknowledge having received a signed copy of this Agreement.

JURISDICTION. ENTIRE AGREEMENT. This Agreement shall be governed by the laws of the State of Illinois and venue for any action arising out of this Agreement shall be in Cook County of the State of Illinois. All rights and obligations of the Gym and Member under this Agreement are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this Agreement conflict with any applicable statute, rule or regulation in effect at the time of execution of this Agreement governing transactions of the type contained herein, the Agreement shall be deemed revised to conform with such statutes, rules and regulations. The Gym and Member shall be bound by the modified Agreement and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This Agreement constitutes the entire Agreement between the parties and supersedes all prior Agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this Agreement.

MEMBER'S DUTIES:

1. Member agree to fully and completely comply with all the terms and conditions hereof and the Gym's rules and regulations. Except for as provided under the aforementioned terms of this Agreement, there shall be no refunds on any paid tuition or purchases.

2. Membership may not be put on hold and missed participation cannot be made up.

3. Member's failure to comply with the Gym's rules and regulations shall be grounds for immediate suspension or termination of the Member.

4.The suspension or termination of a Member shall not entitle the Member to a refund or credit for any tuition or test fees already paid, or shall act as a cancellation of any unpaid balance due.

5. Upon the suspension and/or termination of the Member, the entire remaining balance under this Agreement shall be immediately due and payable as liquidated damages and not as a penalty.

6. The failure or inability of Member to use the facilities, classes or services of the Gym for any reason, except as otherwise provided herein shall not relieve or suspend the Member's obligation to make all payments required under this Agreement.

7. If the Member no longer continues for any given reason and is granted, by the Gym, a cancellation, the Member (and/or Member's, if a minor) will be billed at a rate of $25.00 per class taken.

8. Gym reserves the right to use all photos, videos, and or audio taken of Member (including minor children) for promotional, marketing and any other purposes for the Gym's benefit.

9. Member acknowledge that there are additional charges for equipment, merchandise, special events, tournaments, change of uniforms and rank promotion examinations which are not included in the price of this Agreement.

10. Upon timely notice, the Gym may relocate within a 5 (five) - mile radius of its current location, and or to another affiliate location and same membership terms apply.

11. This Agreement is non-transferable and upon termination of this agreement by the Gym or cause, including Member's misconduct, no refund shall be due.

12. Co-signer, any person(s) signing this agreement as a co-signer or co-Member shall be jointly, severally and individually liable to the Gym and its billing company for the full amount due under this Agreement.