This agreement (“Agreement”) is made and entered into on the date of signing by and between MMA Fitness Corporation, doing business as Legends Kickboxing & 24hr Fitness (herein known as “MMA Fitness” or “gym”), and the undersigned participant, parent or legal guardian of the child attending the “Parents Night Out” (“event/s”), martial arts and combat sports programs, and fitness programs, including any and all products, services, events, and programs offered by MMA Fitness.

To the best of my knowledge, I am in good physical condition and fully able to participate in MMA Fitness martial arts, combat sports program(s), and events. I am fully aware of the risks and hazards connected with the participation in the programs and events offered at MMA Fitness, including physical injury or even death, and hereby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, PERSONAL INJURY or PERMANENT DISABILITY – INCLUDING DEATH, that may be sustained to me, or loss or damage to property owned by me, because of participation in this course. I further certify that I am at least 18 years of age. If under 18, my parent/guardian is the below signed.

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, MMA Fitness, its owners, officers, servants, agents, and employees (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted.

It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and COVENANT TO SUE the above named RELEASEES. I hereby further agree that this Liability Waiver/Hold Harmless Agreement shall be constructed in accordance with the laws of the State of North Carolina.
MMA Fitness highly recommends that you undergo a physical examination before undertaking a martial arts, combat sports program(s), and events. I understand that my failure to have a physical exam performed may result in a condition causing serious injury or death. I hereby further represent that I have no medical or other condition that would expose me to any type of unusual risk while participating in classes, instruction and use of facilities.

Any controversy, claim, action, or dispute arising from the use of MMA Fitness services or events shall be settled through arbitration, with both parties agreeing to forgo litigation and class, consolidated, or representative claims.

HEALTH RELEASE
To provide the safest possible training environment for our martial arts community during this global health pandemic, we’ve implemented the following rules and restrictions (herein known as “Safety Protocols”) for anyone planning to train at MMA Fitness. These safety measures are intended to do everything possible to minimize risk, and ensure the safety, health, well-being and protection for our members, free trial guests, guest observers, instructors, and staff.

MMA Fitness grants the privilege of membership access and may suspend or cancel a membership at any time for non-compliance with these Safety Protocols, and/or for any reason. By initialing, signing, and dating this form, you acknowledge that (

1) you will not hold MMA Fitness, its owners, instructors, staff, members, lease holders, volunteers, or guests liable should you contract COVID-19 while participating in activities at the gym and

(2) you have thoroughly read and understand MMA Fitness Safety Protocols and will abide by the below described at all times when entering the Gym to attend, participate or observe classes, and when using the facility for any reason, be it for a free trial class, as a guest observer, or as a member.

Agreement
As a free trial guest, member, or guest observer, you agree to:
• Assume any and all liability for your health and well-being by physically attending the premises of MMA Fitness, despite the recent COVID-19 pandemic.
• Abide by social distancing rule(s) by keeping a 6-foot distance between members, instructors, staff, and guests unless physically impossible.
• Minimize unnecessary physical contact with others.
• Thoroughly wipe down personal equipment before use with the sanitation supplies provided by MMA Fitness.
• Thoroughly clean all equipment with sanitizing cleaner and return it to its original place for proper storage after every use.
• Discard all trash (including used disposable face masks, band aids, wipes etc.) in waste baskets.
• Take all belongings (water bottles, uniforms, equipment, clothing, mouth pieces, gloves etc.) home at the end of class. The Gym will discard things at the end of class if left behind.
YOU AGREE TO NOT VISIT THE GYM UNDER THE FOLLOWING CONDITIONS:
• If you think you have or know you have COVID-19 until ALL the following conditions are met; you have gone 3 days (72 hrs.) with no fever, AND your symptoms have improved, AND it has been at least 10 days since your symptoms first appeared. Symptoms of COVID-19 may include fever or chills, cough, difficulty breathing or shortness of breath, muscle or body aches, new loss of taste or smell, headache, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.
• If you’ve tested positive for COVID-19 even if you are not displaying symptoms. You may resume attendance after 10 days have passed since you first tested positive as long as you remain symptom free OR after you receive two negative test results in a row, that are at least 24 hours apart.
• NOT visit the gym for at least 14 days after exposure to anyone who recently tested positive for COVID-19 or who is displaying potential symptoms of COVID-19 as noted above.
• Exercise caution before returning to the gym if you recently participated in an event where social distancing precautions (6-ft physical distancing and face masks) were not followed or traveled outside of the United States or to domestic hotspots. If these situations arise, contact MMA Fitness so we can discuss when you may return.
Hours of Operation & Attendance
• Understand that we may include a periodic intermission for purposes of sanitation and cleaning of equipment, mats, and restrooms.
• Understand that our operating hours allow for a one-hour class, at which time, we must clear the facility of members to get it cleaned and sanitized for the next class. Socializing inside the facility is prohibited at this time.
• Guests may observe classes.

Parents:
Children may not be left unattended to play inside the gym before or after class for safety, health, and sanitary reasons. Once your child’s class is finished, please be ready to pick them up. We know this isn’t our normal operating procedure, but we thank you for doing your part as we work together to keep our community safe for all our valued members, guests, instructors, and staff.

Please check back with us regularly in the gym or on our local Facebook pages as guidelines may change based on CDC and State requirements for sanitation and social distancing, as well as facility hours of operation and class schedules.
This release covers all participants/free trial members/guests/members listed above. By signing this document, I, for myself and/or as parent/guardian, hereby acknowledge that I have read, fully understand, and agree with the Liability Waiver terms as set forth within.

In signing this Agreement and Heath Release, I acknowledge and agree to waive my rights to bring any legal action against MMA Fitness, explicitly releasing the company from any liabilities associated with participation in the aforementioned programs and events. I, for myself and/or as parent/guardian, hereby acknowledge and represent that I HAVE READ THE FOREGOING Liability Waiver/Hold Harmless Agreement and Health Release, UNDERSTAND IT, AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.

Please write full legal names. First names or single names will not be accepted. We require that all information be filled out completely to attend a free trial class or to become a member.

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.