This Agreement (the “Agreement”) is made and entered into as of the date of signing below (the “Effective Date”) by and between **MMA Fitness Corporation**, a North Carolina corporation, doing business as Legends Kickboxing & 24hr Fitness, and also including its affiliated programs and entities known as **Young Warriors Camp** and **Young Warriors Academy** (collectively hereinafter referred to as “**MMA Fitness Entities**” or “**Released Parties**”), and the undersigned participant (if 18 years of age or older) or the parent or legal guardian of the minor child participant (hereinafter referred to as “**Participant**” or “**Releasor**”) attending, participating in, or observing any and all programs, services, events, activities, and use of facilities offered, operated, sponsored, or associated with the MMA Fitness Entities, including, but not limited to, the “Parents Night Out” event(s), martial arts programs, combat sports programs, fitness programs, training sessions, competitions, seminars, workshops, open gym access, use of any equipment, and any other related activities, whether on or off the premises of any facility owned, leased, operated, or controlled by the MMA Fitness Entities (collectively, the “**Activities**”).

**ACKNOWLEDGEMENT OF RISKS AND VOLUNTARY PARTICIPATION**

The Releasor acknowledges and understands that participation in the Activities involves inherent and significant risks, dangers, and hazards, both known and unknown, which could result in serious bodily injury, temporary or permanent disability, paralysis, disfigurement, illness (including but not limited to communicable diseases such as COVID-19), emotional distress, property damage, economic loss, and even death. These risks may arise from, but are not limited to: * The nature of martial arts and combat sports, including physical contact, strikes, falls, grappling, and the use of training equipment.

* The intensity of fitness programs and exercises.

* Improper use or malfunction of equipment.

* Negligence or carelessness on the part of the Participant or others.

* Actions or inactions of other participants, instructors, staff, or third parties.

* The condition of the facilities and premises, including but not limited to floors, mats, equipment, and surrounding areas.

* Accidents or incidents that may occur during travel to or from Activities or events. * Exposure to communicable diseases, viruses, bacteria, or other pathogens.

* First aid, emergency response, or medical treatment provided or withheld.

The Releasor hereby freely, voluntarily, and knowingly elects to participate in the Activities, or to allow the minor child Participant to participate in the Activities, with full awareness and understanding of all such risks, dangers, and hazards. The Releasor understands that these risks may be exacerbated by the Participant’s physical condition or pre-existing medical conditions, of which the Releasor has either disclosed to the MMA Fitness Entities or has chosen not to disclose, thereby assuming all responsibility for any consequences thereof.

**ASSUMPTION OF RISK AND RESPONSIBILITY**

The Releasor, on behalf of themselves and the minor child Participant (if applicable), expressly and voluntarily assumes all risks and responsibility for any and all loss, damage, injury (including but not limited to physical injury, illness, disability, and death), or property damage, whether foreseen or unforeseen, that may be sustained by the Participant or to any property owned by the Participant, directly or indirectly arising out of, resulting from, or in any way connected with the Participant’s participation in the Activities, presence on the premises of the MMA Fitness Entities, or use of any facilities or equipment, regardless of whether such loss, damage, injury, or death is caused by the negligence, active or passive, sole or concurrent, of the Released Parties, or otherwise.

**RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE**

To the fullest extent permitted by law, the Releasor, on behalf of themselves, their spouse, domestic partner, heirs, executors, administrators, personal representatives, successors, and assigns, hereby irrevocably and unconditionally RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE the MMA Fitness Entities, including their respective owners, officers, directors, shareholders, members, managers, governors, partners, principals, employees, instructors, coaches, agents, representatives, volunteers, contractors, successors, and assigns (collectively, the “Released Parties”), from any and all liability, claims (including but not limited to negligence claims), demands, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, in law, admiralty, or equity, whether now known or unknown, suspected or unsuspected, arising out of or in any way related to the Participant’s participation in the Activities, presence on the premises of the MMA Fitness Entities, or use of any facilities or equipment, including but not limited to any loss, damage, injury (including illness, disability, and death), or property damage sustained by the Participant, even if such loss, damage, injury, or death is caused by the negligence, active or passive, sole or concurrent, of the Released Parties, or otherwise.

**INDEMNIFICATION AND HOLD HARMLESS AGREEMENT**

The Releasor hereby agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from and against any and all losses, liabilities, damages, claims, demands, actions, suits, judgments, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with the Participant’s participation in the Activities, presence on the premises of the MMA Fitness Entities, or use of any facilities or equipment, including but not limited to any claims made by or on behalf of the Participant or any third party, even if such losses, liabilities, damages, claims, demands, actions, suits, judgments, costs, and expenses are caused by the negligence, active or passive, sole or concurrent, of the Released Parties, or otherwise. This indemnification obligation shall survive the termination of this Agreement and the Participant’s participation in the Activities.

**REPRESENTATIONS REGARDING PHYSICAL CONDITION AND MEDICAL ADVICE**

The Releasor represents and warrants that, to the best of their knowledge, the Participant is in good physical and mental health and has no medical or other condition that would make it unsafe for the Participant to participate in the Activities. The Releasor acknowledges that the MMA Fitness Entities strongly recommend that the Participant undergo a physical examination by a qualified medical professional prior to commencing any martial arts, combat sports, or fitness program. The Releasor understands and agrees that the Participant’s failure to obtain such a physical examination is at their own risk and that the Released Parties shall not be liable for any injury or death resulting from the Participant’s pre-existing medical condition or failure to obtain medical advice. The Releasor further agrees to immediately inform the MMA Fitness Entities of any change in the Participant’s medical condition that may affect their ability to safely participate in the Activities.

**HEALTH AND SAFETY PROTOCOLS**

The Releasor acknowledges that to provide the safest possible training environment, the MMA Fitness Entities have implemented certain health and safety protocols (the “Safety Protocols”), which may be updated from time to time based on guidelines issued by public health authorities and the MMA Fitness Entities’ discretion. The Releasor agrees that the Participant shall fully comply with all such Safety Protocols at all times while on the premises of the MMA Fitness Entities or participating in the Activities. The Releasor understands and agrees that the MMA Fitness Entities reserve the right to suspend or terminate the Participant’s access to the facilities and participation in the Activities for non-compliance with the Safety Protocols or for any other reason deemed necessary to protect the health and safety of others. The Releasor specifically acknowledges and agrees to the following Safety Protocols:

* The Participant assumes all liability for their health and well-being by physically attending the premises of the MMA Fitness Entities, despite the potential risks associated with communicable diseases, including COVID-19.

* The Participant will abide by social distancing guidelines and maintain a reasonable distance from others to the extent possible.

* The Participant will minimize unnecessary physical contact with others.

* The Participant will thoroughly wipe down any personal equipment before and after use with the sanitation supplies provided by the MMA Fitness Entities.

* The Participant will thoroughly clean all shared equipment after each use and return it to its designated place.

* The Participant will properly dispose of all trash, including used personal protective equipment.

* The Participant will take all personal belongings home after each session.

* The Participant agrees not to visit the facilities under the specific conditions related to potential or confirmed illness or exposure to illness as outlined by the MMA Fitness Entities.

* Parents understand and agree that children may not be left unattended in the facilities outside of scheduled class times.

**ARBITRATION AGREEMENT**

Any controversy, claim, action, or dispute arising out of or relating to this Agreement, the Participant’s participation in the Activities, or the services provided by the MMA Fitness Entities shall be exclusively resolved by binding arbitration administered by a reputable arbitration service in the State of North Carolina in accordance with its applicable rules and procedures. The Releasor and the MMA Fitness Entities agree that any such arbitration shall be conducted on an individual basis only, and the Releasor hereby waives any right to participate in any class action, consolidated action, or representative action with respect to any such controversy, claim, action, or dispute. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration shall be entitled to recover their reasonable attorneys’ fees and costs. By signing this Agreement, the Releasor acknowledges that they are waiving their right to a trial by jury and their right to participate in a class action.

**GOVERNING LAW AND VENUE**

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and the Releasor hereby irrevocably consents to the personal jurisdiction of and venue in such courts.

**SEVERABILITY**

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be severed from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect as if this Agreement had been executed without the invalid, illegal, or unenforceable provision.

**INTEGRATION CLAUSE**

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This Agreement may not be altered, amended, or modified except by a written instrument signed by both the Releasor and an authorized representative of the MMA Fitness Entities.

ACKNOWLEDGEMENT OF UNDERSTANDING

The Releasor represents and warrants that they have carefully read and fully understand all of the terms and conditions of this Agreement, including the assumption of risk, release of liability, indemnification agreement, health release, and arbitration agreement. The Releasor is signing this Agreement voluntarily and with full knowledge of its significance and legal consequences. If the Participant is a minor, the undersigned parent or legal guardian represents that they have the legal authority to enter into this Agreement on behalf of the minor Participant and that they have explained the terms of this Agreement to the minor Participant to the extent of their understanding.

This Membership Agreement must be completed by the student or parent/guardian. if a student is less than 18 years of age. The responsible party agrees that you have read, understand and agree to the Membership Agreement and the Membership Terms & Conditions as described on page five (5) of this document. You understand that we require 30-business day advance notice via email to membership@legendskickboxing.com for any/all changes/suspensions/cancellations to your account. Verbal requests will not be accepted.
MMA Fitness Corporation Gym Rules
1. No shoes allowed on the mats. Barefoot only. Please have on gym appropriate footwear when NOT on the mats.
Closed toe shoes must be worn when using fitness equipment.
2. No chewing gum while taking classes or private lessons.
3. Personal hygiene maintenance is a must. Please come to class clean with toe and finger nails trimmed etc.
4. Minors under the age of 15 are not allowed to use weight equipment without parental or instructor supervision.
5. Please show up to each class with the necessary equipment and appropriate training attire required. Loaner gear is
only available for new students on a limited basis.
6. Arrive to class on time and ready to train. Classes will begin promptly
7. Please refrain from using vulgar or offensive language in the gym.
8. Use of excessive force outside of the gym is unacceptable and will not be tolerated. If you are found using excessive
force that is NOT deemed self-defense, your membership will be terminated immediately.
9. Bullying and/or unnecessarily aggressive behavior at the gym will NOT be tolerated.
10. Have respect for the gym, your instructor and for your fellow students.
11. Do NOT be disruptive during class. No talking while the trainer is giving instruction and do not leave class without
first being excused by the instructor.
12. Students must be approved by the instructor in order to take advanced classes.
13. No sharing access codes with members or non members
14. Have fun!
MMA Fitness Corporation Sparring Requirements/Rules
1. No sparring or grappling is permitted unless under the supervision of a MMA Fitness Corporation instructor.
2. All participants sparring must be in good health and do not have any communicable diseases, including common
colds, cold sores, open cuts or wounds, viruses etcetera.
3. Any athlete that has had head trauma must be cleared in writing by their physician in order to participate in any sparring
or one on one practice sessions.
4. Males must wear protective groin cups and females must wear protective bra cups when sparring.
5. Mouth pieces must be individually fitted and worn during sparring and drilling.
6. Boxing gloves shall be at least 16 ounces or more for each member.
7. It is recommended by MMA Fitness Corporation that all members who participate in sparring wear hand wraps to
protect their hands.
8. Head gear, shin guards with foot padding, boxing gloves, mouthpieces and groin protection are mandatory for free sparring.
9. Students shall not wear contact lenses or glasses during sparring.
10. Only light contact is permitted during sparring. Hard contact is not permitted.
11. No one is allowed to enter MMA Fitness Corporation under the influence of alcohol or drugs.
12. Hair shall be worn in such a way as to not interfere with vision.
13. Report all injuries to the instructor immediately.
14. Do not participate in any classes if you have a known injury. You and/or your parent signed a liability waiver, you are only hurting yourself more. Let your injury heal fully before returning to class or instruction.
MMA Fitness Corporation MEMBERSHIP TERMS & CONDITIONS
MEMBERSHIP PERIOD: A membership period is defined as one (1) month. Memberships are automatically renewed every month unless cancellation is provided within thirty (30) days of your membership renewal period. MMA Fitness Corporation reserves the right to change membership fee schedules at any time.
MEMBERSHIP CANCELLATION: If, for any reason, you need to stop training, either permanently or temporarily, you understand that it is your responsibility to send an email to membership@mma.fitness at least 30- business days prior to your renewal date or 2-business weeks prior to your requested suspension date. Please make sure you receive a reply from us acknowledging that we received your request. Membership cancellation and suspension requests must be submitted via email. We do not accept either request in any other form of communication other than email.
MEMBERSHIP TEMPORARY SUSPENSIONS: Members may suspend their account once per year. Memberships suspended more than once per year will incur a $50 restart fee. We allow a maximum of two suspensions per year. We do require at least a 3-week suspension of classes for temporary suspension requests and suspensions can be for a maximum of 3 months. Requests must be made at least 2-business weeks prior to requested suspension date. Requests MUST be submitted via email to membership@mma.fitness. Please make sure you receive a reply from us acknowledging that we received your request.
MEMBERSHIP PRO-RATIONS: Payments are made at the beginning of the Membership Period. The first month of enrollment will be pro-rated such that subsequent payments are due on the first (1) day or the fifteenth (15) day of the month; depending on your enrollment date (whichever date is closer to your enrollment date to reduce pro-rated costs to the student(s)). Payment for subsequent periods will extend your membership and implies your continued consent to the terms of this agreement. Membership fees are non-refundable.
CHECK PAYMENTS: Checks not received on time will be assessed a $25 penalty fee. Returned checks will be assessed a $50 penalty fee.
CREDIT CARD PAYMENTS: It is the students’ responsibility to insure there is always an active credit card on file for monthly membership payment processing. If your credit card does not process, we will provide a one-time courtesy of a reminder to submit new payment information. If the payment fails a second time, a $25 processing fee will be charged for each month the payment is late. If the credit card fails to process a third time, MMA Fitness Corporation reserves the right to cancel your membership after your account is brought current. Please remember to keep your payment information current and accurate so your membership remains in good standing.
CUSTOMER RESPONSIBILITY: You (signee) understand that it is your responsibility to make sure your payment is received on-time. Should your credit card, bank account, or other form of payment change, you will notify MMA Fitness Corporation at least 15-days prior to the next billing cycle to avoid a late fee penalty of $25. MMA Fitness Corporation will not send a reminder of any form of payment being due. Your credit card or bank account statement will act as your receipt of payment. For members that pay by check, your deposited check will act as your receipt.
RATE CHANGES: Membership Rates are subject to change. Rate changes will be communicated via the openguardbjj.com or MMA Fitness Corporation.com website(s) at least 45 days prior to implementation. The rate change becomes effective upon the member renewal date (next payment period) following the 45-day notification.
BUYER’S RIGHT TO CANCEL: If you wish to cancel this agreement, you may do so by emailing your request to membership@mma.fitness within 7-business days of your first class. The notice must say that you no longer wish to be bound by this agreement, and that you would like to cancel your membership. If loaner gear was provided, you must return it or your account will be charged for the full price of the gi. This agreement may also be cancelled if MMA Fitness Corporation ceases operation.
CLASS SCHEDULE: A regular class schedule will be posted at mma.fitness. MMA Fitness Corporation reserves the right to make temporary and/or permanent modifications to the schedule at any time, for any reason.
ADDITIONAL COSTS: Uniforms, equipment, camps, private lessons, etc. are all additional costs and are not included in 8with tuition or registration. A uniform (GI) is the only required equipment for BJJ class. Kickboxing requires hand wraps and 16oz boxing gloves. Gear may be purchased through MMA Fitness Corporation, or any other supplier. Please ask your instructor for gear requirement guidance.
MEDIA RELEASE: I grant permission to MMA Fitness Corporation hereinafter also known as the “Media” to use my image (photographs and/or video) for use in Media publications including but not limited too: video, email, recruiting brochures, newsletters, magazines, general publications, website and/or affiliates, blog, mobile / web apps, and all other types of publications. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.
24/7 ACCESS / ACCESS CODES:
One (1) access code is assigned to each MMA Fitness member. It is against MMA Fitness policy to share an access code with anyone. It is against MMA Fitness policy to allow non members into MMA Fitness. Members are responsible for submitting a request in writing for their code to be deleted from the access system by an MMA Fitness employee if their code has been misplaced / stolen and can be used by someone other than themselves. Members are responsible for the full cost of all broken / stolen equipment, fixtures, or any / all content within MMA Fitness facility if their code is shared, stolen, or used by someone other than the member assigned to the access code. MMA Fitness reserves the right to revoke access codes and 24 hr access if a member does not comply with any policy / term / condition. MMA Fitness reserves the right to revoke access codes at their discretion. Membership fees are non refundable when an access code is revoked.