1. AGREEMENT FORMATION - an Agreement arises between us once the Agreement has been signed and we accept the Agreement. This Agreement will be governed by the laws of England and Wales.
2. ACCEPTANCE BY NOMAD JIU JITSU OF THIS AGREEMENT - it is important that the terms of the Agreement between you and us are clear and for this reason, if there is any conflict between what is set out in these terms and anything you have been told in person or over the telephone by any member of staff, these terms shall prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 business days after formation of an Agreement to rectify any miscalculation reflected within the Application and Agreement.
3. ETTIQUETTE - You must comply with the Rules. It is your responsibility to ensure that you read, understand and abide by the Rules outlined in both signage and handouts.
4. MEMBERSHIP ENTITLEMENT - as a member you are entitled to use the facilities of Nomad Jiu Jitsu only during the specified class times and only in the specified locations as set out in your Membership Agreement, and only for the term of this membership subject to meeting these Membership Terms and the rules applicable. Memberships are non-assignable, non-transferable, and non-refundable except as permitted in these Membership Terms. Membership is based on the entitlement to use Nomad Jiu Jitsu classes and facilities, not its actual use. Failure to use these classes and facilities does not release the member from their obligations under this agreement.
5. CHRISTMAS AND BANK HOLIDAYS - Nomad Jiu Jtisu will not run classes or open facilities during the last week of December and the first week of January, and on any Bank Holidays. During this time your payments will continue uninterrupted, and you will not be entitled to any refund or extra benefit. You are joining for an agreed period of time, not a certain amount of classes. The training fees for the two weeks over Christmas / New Year are viewed as an annual membership fee, and all members must pay this fee whilst they are a current member.
6. RIGHT OF ADMISSION - we reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for inappropriate behaviour that may be deemed threatening, harassing or unsafe.
7. PAYMENT OF FEES - all memberships are paid in advance. If fees are not paid on the due date, access to Nomad Jiu Jtisu will be suspended until such time as payments are brought up to date. Any bank fees charged to us because of a rejection when collecting your due fees will be charged directly to you. If a payment remains outstanding, you agree that we may continue to debit the nominated account with the total amount due without notice to you.
8. PRE-PAID MEMBERSHIP - you may choose to pay your pre-pay membership in advance for a discount. Your rights are the same as those of any other member and no refunds will be given.
9. MONEY OUTSTANDING / NO ACCOUNT DETAILS - if any amount payable for your membership is not paid on the due date, access to Nomad Jiu Jtisu will be suspended until such time as payments are up to date. Any monies outstanding for other services may be automatically deducted from the supplied account details if not paid on time. PLEASE NOTE: your membership will be suspended until full account details are provided.
10. CANCELLATION / TERMINATION - for any cancellation you must give us 7 days’ written notice. Please email: hello@nomadjiujitsu.com to cancel.
11. INVESTMENT INCREASE - we reserve the right at any time, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current email address you have supplied at least one month prior to this occurring. If any fees have been increased, and reasonable endeavours have been made to provide prior notice, you hereby authorise Nomad Jiu Jtisu to increase any direct debits to your nominated account.
12. CHANGE OF RULES / OPERATIONS - we cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by Nomad Jiu Jitsu from time to time. Any such additions, deletions or changes will be notified to you through either the Club or to your last known email address with at least one calendar month notice. If at any time the operations or services of the Club are temporarily or permanently suspended for any reason, we grant you a freeze on membership fees or you may cancel your membership with immediate effect. You won’t have any other claim against us if this happens. NOTE: we won’t use this right to vary any special offer that applies to you.
13. CHANGE OF DETAILS - you must keep us informed of any change of address, email address, contact numbers, bank account details for payment and any other information relevant to your membership.
14. RISK WARNING - it is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided by Nomad Jiu jitsu. If you are in doubt as to how to correctly operate or use any piece of equipment you should consult an Instructor BEFORE usage.
15. RESPONSIBILITY FOR DAMAGE - you are responsible for any damage which you or your guest may cause to facilities or equipment, if such damage is caused by your wilful act or negligence.
16. CONTRACTORS - we engage contractors from time to time to provide some of their services (such as a seminar). Any claim that you might have as a result of an act or failure to act by such a contractor (whether or not payment has been made to the contractor) will be brought against, and will be the responsibility of, that contractor and not us. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor engaged by Nomad Jiu Jitsu. We will at all times assist, where possible, to resolve conflict or issues with contractors.
17. IMAGE - by signing this Agreement you consent to us using the member’s image in any promotion or other material in relation to Nomad Jiu jtisu.
18. YOUR PHYSICAL CONDITION - you warrant and represent on the date of the Agreement, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in the training session or activity you are about to commence, and that such activity or training session would not be detrimental to your health, safety, comfort or physical condition. Nomad Jiu Jitsu staff and contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in martial arts activity or training session without detriment to your or their health, safety, comfort or physical condition. We
strongly advise you to take expert advice prior to commencing martial art training or any exercise regime if you are in any doubt about your or your guest’s ability to engage in martial arts training or exercise in general. You shall not use any Nomad Jiu Jitsu facilities or equipment whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members, guests and staff.
19. FIRST AID - you agree that any of our staff members or volunteers may give you any first aid treatment they feel is necessary.
20. UNENFORCEABLE CLAUSES - where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Agreement but such deletion will not affect the validity and enforceability of the remaining provisions.
21. DAMAGES/PERSONAL INJURY - we give you warning that, whilst on our premises you may suffer injuries including, but not limited to: broken bones, soft tissue injuries, joint injuries or death. These injuries may occur as a result of you slipping on wet flooring, collision with equipment or other members.
22. LIMITATION OF LIABILITY - in consideration of the grant of membership to you, entitling you to engage in martial arts and fitness activities, you hereby release and forever discharge us from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this release arising from or in connection with your involvement in martial arts and fitness activities of Nomad Jiu Jitsu, or being on the premises of Nomad Jiu Jitsu; and indemnify Nomad Jiu Jitsu to the extent permitted by law in respect to these arising as a result of or in connection with your involvement in martial arts and fitness activities of Nomad Jiu Jitsu or being on the premises of Nomad Jiu Jitsu and whether caused or contributed to, directly or indirectly, by any act of negligence to the fullest extent permitted by law, breach of duty, default and/or omission on the part of Nomad Jiu Jitsu or otherwise.
23. ALL STATES RELEASE AND INDEMNITY - in consideration of Nomad Jiu Jitsu accepting you application for membership, and for you becoming and remaining a Member of Nomad Jiu Jitsu, you agree that we shall not be liable for any loss, damage or theft of any property belonging to, or brought onto Nomad Jiu Jitsu premises by you or your guest, occurring on said premises except where caused by gross negligence of Nomad Jiu Jitsu. Also that we shall not be liable for any death, personal injury or illness occurring upon Nomad Jiu Jitsu premises or as a result of the use of facilities and/or equipment provided by Nomad Jiu Jitsu, except to the extent that such death, personal injury or illness arises from the gross negligence of Nomad Jiu Jitsu.
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