The undersigned individual (the Member or legal guardian), hereby indicates their desire to become a member of TDF Gym LLC or to be trained by the same, pursuant to the terms and conditions of this agreement.
Top Defense & Fitness (DBA) Gym Membership Agreement
This Membership Agreement (the “Agreement”) is made between TDF Gym LLC. (DBA Top Defense & Fitness), a Utah Corporation, and the undersigned member (the “Member”). This Agreement is made because Member wishes to receive and TDF Gym LLC wishes to provide training services at the TDF Gym LLC facility, which is located at 990 South Main Street Suite E. Logan UT, 84321 (or other TDF Gym LLC Future/Satellite “Facilities”).
A “Class” is a time period in which a Trainer or Instructor offers any type of physical or mental exercise program, which is designed for Members. A Class Session may include exercise counseling, instruction in the proper use of equipment and technique, and dietary suggestions.
Membership, Term, and Payment:
The Member agrees to pay monthly according to desired Membership and annual membership fee indicated by selecting a membership option. These fees may be paid by automatic debit or credit card, or ACH transaction. Credit card transactions may incur an additional 3.7% processing fee.
Your Membership entitles you to use the facility and training in all age and rank/experience appropriate regularly scheduled classes (does NOT include special, advanced or non regularly/permanent until your Membership Expiration Date so long as you are current on your monthly billing.
Your first month includes a yearly membership fee. The amount is based on your membership option. Customer agrees to a yearly membership fee to be billed at the beginning of each 12 month renewal that correlates with customer’s membership.
6 and 12 month discount memberships or other discounted memberships (including student discounts). Require a commitment from the member to pay the discounted rate each month even if the member does not attend for that month. We do NOT take full discounted payments “Upfront” we prorate the payments, this way to avoid complications. ANY CANCELLATIONS WILL RESULT IN FULL COLLECTION OF ANY DISCOUNTED AMOUNTS (example, if you are discounted $100 per month and cancel after 4 months, you will owe TDF Gym $400). Our discounts are designed to create and incentivize a higher level of commitment from our members to TDF Gym as well as a higher commitment from TDF Gym to our members.
New members that decide to use the "Money Back Guarantee" and ask for a refund MUST turn in ALL gear that was "FREE" at signup. If the gear does not get turned in TDF will keep the retail value of the item/s and consider the item/s as sold. If a "New Member" uses the Money Back Guarantee and terminates their membership, they may not return to TDF. TDF offers NO refunds on any gear or retail products sold. (The Money back guarantee does not apply to student or veteran discounts).
THE YEARLY MEMBERSHIP FEE IS NON-REFUNDABLE AND IS NOT PART OF THE MONEY BACK GUARANTEE.
There are (LIMITED) circumstances where a membership may be suspended for a period and or the contract terminated as follows.
Injury, Severe Illness, (NOT COLD, FLU, VACATION, “TOO BUSY” ETC.), Military Deployment, billing may be suspended then resumed with the end date adjusted accordingly.
Relocation 25 miles from gym location, (termination of contract due to expulsion, TDF reserves the right to decide in this case).
Closings:
From time to time, the Facility may partially or fully close and be unavailable for use for reasons including, but not limited to, renovation, repair, special events, or holidays. The Club will make every effort to minimize disruption to members during these periods. Hours of operation will be displayed in the Facility and may be modified from time to time.
Children may NOT be left unattended at any time, TDF Gym does not offer daycare services and is not responsible for unattended children.
INJURY WAIVER AND RELEASE OF LIABILITY
In consideration of participating in health, weapons training, firearms training, weapons retention, fitness, boxing, or mixed martial arts activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence TDF Gym LLC and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them, on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
- I UNDERSTAND that mixed martial arts is the systems of unarmed and armed fighting techniques including but not limited to: boxing, kickboxing, muay thai, wrestling, judo, and jiu-jitsu, sambo, karate, martial arts, MMA and weapons. Gym activities may also include general fitness, weightlifting, stretching, yoga, dance, and strength & conditioning.
- I UNDERSTAND that these martial arts techniques, formal exercises, conditioning exercises, and other physical activities will require me to engage in strenuous physical exercise and activity, either individually, in participation with other students, instructors at the facility, or with physical objects. These activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis, or even death.
I CERTIFY (or the “Student”) that I am physically fit, have sufficiently prepared or trained for participation in the programs, activities or events offered by TDF Gym LLC, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in these programs, activities, or events onsite / offsite TDF Gym LLC premises.
I ACKNOWLEDGE that this Injury Waiver and Release of Liability Form will be used by TDF Gym LLC, its program instructors, and their affiliates, and that it will govern my actions and responsibilities at said programs, activities, or events.
IN CONSIDERATION of my agreement with TDF Gym LLC, and permitting me to participate in these programs, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVER, RELEASE AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from any TDF Gym LLC program, activity, or event, THE FOLLOWING ENTITIES OR PERSONS: TDF Gym LLC, and/or its directors, officers, employees, volunteers, representatives, and agents, the program instructors, activity or event holders, activity or event sponsors, activity or event volunteers:
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this agreement from any and all liabilities or claims made as a result of participation in these programs, activities, or events, whether caused by the negligence of release or otherwise.
I ACKNOWLEDGE that TDF Gym LLC and its directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific program, activity, or event on behalf of TDF Gym LLC.
I ACKNOWLEDGE that these programs, activities and events may involve a test of a person‘s physical and mental limits and may carry with it the potential for death and serious injury. The risks may include, but are not limited to, those caused by facilities, temperature, condition of participant, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of events, and lack of hydration.
I UNDERSTAND that the types of injuries described in above paragraphs may result not only from intentional action, but also from inadvertent, negligent, or reckless action, by myself or others, including the malfunction or failure of any of the equipment or facilities (including but not limited to pads, cages, protectors, punching bags, plyometric boxes, ropes, straps, balls, blocks, kettlebells, weights, machines, and tumbling mats, etc) and errors or mistakes in instruction or performance of fighting or defense techniques by instructors or students in the facility.
I UNDERSTAND that the Releasees do not authorize me to use any of the mixed martial arts techniques that I learn in my studies against any other person, in any circumstances other than during martial arts training, exhibitions, or demonstrations in which my instructors, my physician, and I agree I am sufficiently qualified and physically able to participate in the facility or elsewhere.
I UNDERSTAND that it is my duty to consult my physician before beginning any exercise program or participating in any athletic activity including but not limited to mixed martial arts. If I have any disabilities or illnesses, am pregnant, or currently seeing a psychological therapist, I have advised Releasees of this fact, and will obtain written consent from my physician or therapist to participate in any activities in the facility. If at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
I HERBY irrevocably release, consent and authorize TDF Gym LLC and its agents to use my photograph/video/likeness/voice, as it pertains to my participation or my child’s participation with TDF Gym LLC, in any manner for promotional efforts without expectation of or right to any reimbursement in connection with its use. I represent that I am the legal parent or legal guardian of the minor child and that I have authority to give express written consent for my child.
I HAVE NOT requested nor received any warranties as to the effectiveness of any activity/technique.
I EXPRESSLY ACCEPT and assume ALL of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. I agree to abide by all facility rules.
IN THE EVENT of an injury, condition, or death that surpasses the capabilities of TDF Gym LLC, its officers, agents, employees, organizers, representatives, and successors, I hereby give permission to obtain qualified emergency medical assistance to myself, my son/daughter and to not hold TDF Gym LLC, its officers, agents, employees, organizers, representatives, and successors liable for such occurrence. I represent that I have adequate insurance to cover any injury/damage I may suffer or cause while participating in these activities, or else I agree to bear the costs of such injury/damage myself.
I HEREBY voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. In the event that I file a lawsuit, I agree to do solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
- Myself or my child has the following condition, (Required text input if there are no conditions please enter N/A otherwise, please describe ALL conditions even mental or developmental), and I fully understand it offers a greater risk than normal. I release and hold harmless TDF Gym LLC, its officers, agents, employees, organizers, representatives, and successors from any legal or liability action that may result in injury. And furthermore, I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this agreement from any and all liabilities or claims made as a result of participation in these programs, activities, or events, whether caused by the negligence of release or otherwise.
LIST ALL CONDITIONS OR N/A in the required box please.
I AGREE that if any portion of this agreement is found to be void/unenforceable, the remaining portions shall remain in full force and effect.
I INTEND this Agreement, Assumption of Risks, and Waiver to be binding upon any and all of my parents, children, present and former spouses or life partners, heirs, assigns, friends, personal representatives, and estate in perpetuity.
I HEREBY ACKNOWLEDGE that I am fully required to provide my own medical coverage and that TDF Gym LLC will not be held liable for any expenses incurred for treatment of injuries while participating in these programs, activities, or events. The injury waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Pledge of Good Conduct
As a guest, member or staff of this gym I agree to the following "Pledge of Good Conduct":
Safety:
-I will demonstrate self-control while training and respect the safety of all persons.
-I will demonstrate self-control, courtesy, and adhere to this pledge while representing the gym at events.
-I will only use techniques that I have been properly taught by a qualified instructor, and I will not demonstrate or practice techniques outside the gym without qualified instructor supervision.
-I will not attend an event, seminar, competition, or scrimmage, training activity, or another gym if the TDF coaches tell me that doing so is not safe or permitted in that individual case.
-I will not abuse alcohol or drugs and will only attend the gym sober and properly ready to train.
-I will not date members of TDF gym. Pre-existing relationships are acceptable as long as there is no power imbalance or other concerns.
-I will not engage in hugging at TDF (including side-hugs) with non-family members. Brief hugs are acceptable as part of the opening/closing ceremony or promotion ceremony.
-I will avoid prolonged body contact (unrelated to instruction) at TDF. For example, I will not sit on the mat with my arms around friends while waiting for my turn.
-I will not transport a minor member of TDF gym without written parental consent, unless they are a family member.
Courtesy:
-I will demonstrate courtesy to ALL persons at ALL times in the gym.
-I will follow the posted etiquette and manners of the gym.
-I will communicate feedback, concerns, and grievances in a respectful manner.
-I will avoid making jokes involving other members of the gym, as others may not appreciate it.
-I will refrain from sideline coaching during classes and allow the coaches within the class to do their job.
-I will show respect to all officials, event staff, and coaches at competitions, expressing grievances following established and proper procedures.
Professionalism:
-I will follow the directions of all coaches and assistant instructors, including youth assistant instructors.
-I will conform to the rules set by any relevant Martial Arts Governing Organizations with whom I affiliate.
-I will keep my relevant Martial Arts memberships, licenses, and credentials current.
-I will not speak of anyone's personal conditions or appearance, including comments on height, weight, gender, clothing choice, hair, or any other markers of personal identity.
-I will not engage in political, religious, or similar personal conversations at TDF or any affiliated activity. I will not solicit for political causes. I will not wear clothing or training apparel with clear political messages at TDF Gym.
-I will only bring movies, songs, or other media that are appropriate for all members.
I will Remember:
-I will obey the laws of my community and act as a model citizen at all times, bringing honor through my good conduct to TDF gym.
-I will remember that my membership at TDF Gym is a privilege. If I fail to uphold these pledges, I may be suspended or have my membership terminated.
I understand that if I fail to uphold these pledges, I may be suspended or have my membership terminated.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN OF MY OWN FREE WILL.
PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years of age) The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting such capacity, has consented to his/her child or ward‘s participation in the programs, activity or events, and has agreed individually and on behalf of the child or ward, to the terms of the injury waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian. If Under the Age of 18, Parent/Guardian must sign.
Acceptance:
By signing BOTH parties hereby enter into this gym membership contract with one another in acknowledgement and acceptance of the terms listed above.
- {name} - Full name
- {dob} - Date of birth
- {address} - Member address
- {phone} - Phone number
- {sign_date}
Emergency Contact Info (other than listed above) Place N/A if there are none:
- {contact_name} - Emergency contact (if member has any)
- {contact_phone} - Emergency contact phone
- {contact_relation} - Emergency contact relation
