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HOLD HARMLESS / RELEASE OF LIABILITY WAIVER

All Participants must sign a Waiver and Release of All Liability before participating in any classes/services provided by Ttown MMA LLC, dba T-Town MMA and CheckMat Tacoma. “You” and “Your” shall refer to the participant, a Minor Child and/or the Member/Buyer as applicable and “T-Town MMA”, “our”, “us”, “we” and “the gym,” shall refer to Ttown MMA LLC, dba T-Town MMA and CheckMat Tacoma.

You understand there are inherent risks involved in the practice of martial and/or mixed martial arts including but not limited to: physical injury, partial or total disability, paralysis and/or death. You agree that if you are present for any reason, you have an interaction of any kind with or from another person, engaging in any physical activity, exercise, use the equipment, gear in the facility, on the surrounding property or at a gym-sponsored event you do so at YOUR OWN RISK. You assume this risk for all likely and unlikely, reasonable and unreasonable, known or unforeseen experiences or occurrences. This includes, without limitation participation in: classes, activities, programs, private and/or personal trainings or any other services now or in the future made available, use of equipment, gear, facilities and/or surrounding property. You agree that you are voluntarily participating in the services we provide and you are assuming all risk of injury, contraction of disease, illness, death or other condition that might result including damage to, loss or theft of personal property. You agree on behalf of yourself, your minor child, spouse, heirs, personal representatives, executors, administrators, agents, assigns or others to release and discharge TTown MMA LLC our employees, volunteers, affiliates, agents, representatives, successors, assigns or others from any and all claims, losses, damages, expenses (medical or otherwise) arising out of our negligence. This Waiver and Release of all liability includes, without limitation any known or unforeseen problems which may occur as a result of: 

1. Participation in classes, training programs, private instruction and any services now offered or in the future made available.
2. Our negligent instruction, supervision, hiring and/or retention of employees, volunteers or independent contractors.
3. Use of the equipment and gear which may malfunction and/or break and its improper maintenance.
4. Use of the facilities including the surrounding property and its improper maintenance.
5. Loss of consortium.
6. First-aid, emergency or other related treatment which is negligently rendered or failed to be rendered by or on behalf of us. You agree to indemnify, defend and hold Ttown MMA LLC DBA: T-TOWN MMA and Check Mat Tacoma our employees, volunteers, affiliates, agents, representatives, successors, assigns or others harmless from and/or against all claims, causes of action, loss, damages, expenses or other liabilities in law or in equity to which we may be subjected to, arising from or relating to your voluntary use of the facilities and services we provide. Such indemnification will relieve Ttown MMA, LLC, dba Ttown MMA and CheckMat Tacoma from the consequences of our own actions, inactions and/or negligence.

BY SIGNING BELOW YOU ACKNOWLEDGE YOU HAVE CAREFULLY READ THIS WAIVER AND YOU FULLY UNDERSTAND IT IS A WAIVER AND RELEASE OF ALL LIABILITY. IN ADDITION, YOU HEREBY WAIVE ANY RIGHT YOU AND/OR YOUR CHILD MAY HAVE TO BRING LEGAL ACTION AND/OR ASSERT CLAIM(S) AGAINST TTOWN MMA, LLC FOR OUR NEGLIGENCE ARISING OUT OF OR RELATING TO YOU AND/OR YOUR MINOR CHILD'S PARTICIPATION AS DESCRIBED ABOVE. YOU FURTHER AGREE TO ACCEPT FULL RESPONSIBILITY FOR PAYMENT OF ANY EXPENSES (MEDICAL OR OTHERWISE) THAT MAY INCUR AS RESULT OF YOU AND/OR YOUR MINOR CHILD’S VOLUNTARY USE OF THE FACILITIES AND PARTICIPATION IN ANY SERVICES WE PROVIDE AS DESCRIBED IN THIS WAIVER AND RELEASE AND ANY ADDENDA ATTACHED.

PRINT FULL NAME OF PARTICIPANT: {name}

BEST NUMBER TO REACH YOU: {phone}

I (Member/Buyer) agree to pay all dues and taxes scheduled under this agreement and any addenda attached thereafter to T-Town MMA. I understand T-Town MMA immediately earns membership dues including any prepaid amounts. I further understand the amount of payment will not be reduced for any reason including my failure to attend classes or failure to use the gym. I understand and agree all membership dues paid prior to cancellation (regardless of date) are NONREFUNDABLE. I (Member/Buyer) acknowledge and agree my membership obligation will continue to auto-renew until written cancellation is received in accordance to the attached terms. 

ELECTRONIC FUNDS TRANSFER (EFT)*: By signing this agreement (below) you (Member/Buyer) are authorizing T-TOWN MMA to automatically charge monthly membership dues including applicable taxes to the credit/debit card listed above. You affirm you are the authorized signer on the account and that all information is correct. You understand your first payment and all payments thereafter will be automatically charged either on or after the billing date listed above until written cancellation is received by T-TOWN MMA. See paragraphs 5&6 in the attached membership terms for more details.

I (Member/Buyer) understand this Agreement, any addenda attached and all policies and gym rules constitute the entire exclusive agreement between the Member/Buyer and TTown MMA, LLC DBA: T-TOWN MMA  and CheckMat Tacoma, and it supersedes all other promises, or agreements relating to this membership purchase. You acknowledge if a court declares any paragraph in this agreement and/or addenda attached invalid, the remaining paragraphs will continue unaffected. If for any reason, T-Town MMA does not enforce any part of this agreement that does not mean we waive our right to enforce it in the future. I (Member/Buyer) acknowledge I have read and reviewed this entire agreement for accuracy of personal information and I authorize T-Town MMA to correct any errors 

TERMS & CONDITIONS

T-TOWN MMA MEMBERSHIP TERMS & CONDITIONS

PARTIES:

The terms “You” and “your” refer to the buyer, member, your minor child, parent, spouse, your estate and all others. The terms “T-TOWN MMA,” “the gym,” “we,” “us,” “our” and/or “company” refer to TTown MMA, LLC DBA: T-TOWN MMA/CHECKMAT TACOMA, our, employees, volunteers, representatives and all others. Both parties enter into this agreement on behalf of and it binds all the included persons and entities. You and TTown MMA, LLC hereinafter T-TOWN MMA/CHECKMAT TACOMA agree the membership purchased is for Mixed Martial Arts services and by signing this agreement both parties are bound by all terms including the Waiver & Release of Liability attached.

1. EXCLUSIVE AGREEMENT:

You agree that T-TOWN MMA may assign or transfer your membership at its sole discretion. If assigned, any assignee shall have all our rights and powers under this agreement and any addenda attached. You further understand and agree that your membership gives you NO RIGHTS in TTown MMA, LLC DBA: T-TOWN MMA/CheckMat Tacoma its business operations, management or property. Your membership permits you to use the facilities and services as stated on page 1 of this agreement. T-TOWN MMA can sell memberships at different rates and terms than yours and any promotional membership or special rate offered is only valid at the gym of enrollment, unless otherwise noted. At our discretion, we may modify the terms of this agreement and any related addenda by providing notice to you at your last known address in our records. No change to any printed term and/or any related addenda shall be valid without the express written consent and authorization of T-TOWN MMA.

 2. OBLIGATIONS ABSOLUTE:

You understand the minimum length of the membership (30 days, 3 or 6 months) is shown on page 1 of this agreement. T-TOWN MMA immediately earns membership dues including any prepaid amounts. You may not reduce the amount of payment for any reason including failure to attend classes or failure to use the gym. You understand and agree that any/all dues paid prior to cancellation (regardless of date) are NONREFUNDABLE. You, the Buyer agree to pay all dues and fees as scheduled under this agreement and any addenda attached thereafter to T-TOWN MMA. If the member is a minor (under 18 years) T-TOWN MMA requires a parent or legal guardian (the Buyer) to sign the agreement and guarantee payment. Your gym privileges are limited to the classes/programs enrolled and T-TOWN MMA reserves the right to charge additional fees for attendance in any classes not included in your stated membership. You the Buyer acknowledge and agree the membership can only end when written notice is submitted according to the terms of this agreement. You understand it’s your responsibility to notify T-TOWN MMA in writing of any change to the stated membership. 

 3. CANCELLATION RIGHTS:

(a) Buyer’s Right To Cancel:

You may cancel this agreement without penalty (pursuant to RCW 19.142.040) by mailing written notice to T-TOWN MMA within 3 days of this signed agreement. Written notice must state that you no longer wish to be bound by the terms of your signed membership agreement. Written cancellations must be postmarked before midnight of the 3rd day after you signed this agreement. T-TOWN MMA will refund and return all amounts paid within 30 days of cancellation receipt. To cancel under this paragraph send written notice by registered mail to: T-TOWN MMA 3001 South 12th Street #C Tacoma, WA 98405.

(b) Regular Membership Cancellation:

You may cancel this agreement at anytime and be relieved from future obligations to pay membership dues by submitting written notice to T-TOWN MMA. Cancellations must be in writing, signed the Buyer and either post or electronically marked 5 days before the billing date. Membership payments made prior to cancellation (regardless of date) are NONREFUNDABLE. Cancellation notices not received in accordance with stated requirements of this agreement will not be cancelled and all terms will remain in effect until proper notice is received. T-TOWN MMA DOES NOT except verbal cancellations or written notices submitted via Facebook, or any other social networking websites. To cancel under this paragraph email written cancellation to info@ttownmma.com or by mail to: T-TOWN MMA 3001 South 12th Street #C Tacoma, WA 98405 

 4. CANCELLATION NOTICE AND REFUNDS:

If canceling under paragraph 3(a) “Buyers Right to Cancel” written notice must be sent via registered mail and postmarked within 3 days of this signed agreement. If canceling under paragraph 3(b) “Regular Membership Cancellation” written notice must submitted 5 days BEFORE the billing date shown on page 1. Following cancellation, you will be relieved from any future obligations to pay membership dues. Any past due balances owed to T-TOWN MMA must be paid-in-full before cancellation becomes effective. Upon cancellation the members right to use the gym ends and T-TOWN MMA can deny any former members access to its facilities. T-TOWN MMA reserves the right to cancel any membership agreement for any reason not prohibited by law. A cancellation confirmation or request for additional documents will be sent within 15 days of cancellation receipt.

 5. MEMBERSHIP TYPES/BILLING OPTIONS:

(a) Monthly Membership/Automatic Monthly Billing:

If you purchased a Monthly Membership you agree to pay membership dues and taxes through automatic monthly billing/EFT. You understand the minimum length of the membership is 30 (thirty) days representing your first payment charged on billing date shown on page 1 of this agreement. You understand and agree that your monthly membership starts TODAY and will continue to auto-renew until written cancellation is received. You understand and agree that any/all dues paid prior to cancellation (regardless of date) are NONREFUNDABLE. You, the Buyer may verbally authorize payment of any outstanding balance through EFT.

(b) Prepaid Membership/Fixed Term Billing:

If you chose Fixed Term Billing you agree to prepay membership dues and taxes  in either 3 or 6 month installments. You understand the minimum length of the membership is 3 or 6 months as indicated on page 1 of this agreement. You understand and agree that your Fixed Term membership starts TODAY and that any/all dues paid prior to cancellation (regardless of date) are NONREFUNDABLE. Billing statements are delivered prior to expiration. 

 6. ELECTRONIC FUNDS TRANSFER (EFT):

You are authorizing T-TOWN MMA to make charges or withdrawals to the account specified for payment on page 1 of this agreement. Additionally, you are authorizing us to increase our charges/withdrawals in accordance with the terms of this agreement and any addenda attached thereafter. Your EFT election will remain in effect until written cancellation is submitted. If your EFT is revoked for any reason other than permitted cancellations the Buyer will be in FULL default of this agreement and T-TOWN MMA may cancel your membership. If the aforementioned should occur, you will be required to immediately pay any balance in full. If your EFT is reinstated you will have 2 business days from reinstatement to pay any past due amounts. 

 7. LATE PAYMENT/RETURNED ITEM FEE:

You agree to pay T-TOWN MMA a fee on any billing problem that may occur during your membership term. Billing problems shall be defined as but not limited to: any negotiable instrument used for payment that is not approved for any reason. The Late Payment/Returned Item Fee is $15 and is subject to change without prior notice. You are liable for all expenses incurred in connection with collection of such payment. If you have elected EFT, these fees will be automatically charged to the account specified for payment on page 1 of this agreement. 

 8. OTHER MEMBERSHIP INFORMATION:

(a) Individual Membership: One person (the Buyer/Member) enrolled in the training program as stated on page 1 pays all membership dues as scheduled under this agreement and any addenda attached thereafter to T-TOWN MMA. 

(b) Family Memberships: If you purchased a family (2 or more) membership, one person “the Buyer” pays all dues as scheduled under this agreement and any addenda attached thereafter to T-TOWN MMA. If the buyer fails to pay membership dues another member must be assigned as Buyer and assume responsibility for payments and any past due balances. To add/drop members T-TOWN MMA must receive written notice of membership change signed by the Buyer 5 days before the billing date. 

 9. ANNUAL INCREASES:

T-TOWN MMA is entitled by Washington state law to raise the price of membership dues once per calendar year. You the Buyer, agree to pay current membership pricing in effect during the term of your membership.

 10. CLASSES, FACILITIES, AND RULES: 

The following is located at 3001 South 12th Street #C in Tacoma: A large matted space, multiple heavy punching bags and other equipment and gear. Classes offered (see program descriptions) in: Brazilian Jiu Jitsu, Kickboxing, and Mixed Martial Arts (MMA) as well as Private Lessons and Personal Training. Some equipment and/or gear may break or become obsolete we repair and replace it when applicable. You agree to follow all policies and rules now in force or adopted by us in the future. T-TOWN MMA may, at its sole discretion, modify any policies and gym rules without notice. All signs posted in or on the premises shall be considered part of the policies/rules. No Member or guest may conduct any commercial business, activity, class, personal training or sparring session on the premises without prior, express, written consent of T-TOWN MMA. If you or your guest(s) cause damage to the facilities, equipment, gear and/or the surrounding property you will be liable to T-TOWN MMA for the cost to replace/repair said damages. T-TOWN MMA is not liable to any member or guest for any personal property that is damaged, lost, or stolen. T-TOWN MMA at its sole discretion reserves the right to alter the hours of operation, amend the cost of, add, modify or eliminate any service without prior notice. Gym access is during all scheduled hours of operation and services are subject to any minimum age restrictions set by law.

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Assumption of Risk/ Waiver of Liability/ Indemnification Agreement

For Communicable Diseases Including COVID-19

In consideration of being allowed to participate in T-Town MMA’s athletic program and related events and activities, I acknowledge and appreciate, and agree to all of the following:  

1. This Assumption of Risk, Waiver of Liability, Indemnification Agreement (hereinafter “Release”) is between the undersigned and T-Town MMA LLC, their coaches, owners, officers, officials, agents, employees, volunteers, other participants (hereinafter “T-Town MMA”) and covers COVID-19, MRSA, influenza, and other communicable diseases (hereinafter “communicable diseases”).
2. Participation in T-Town’s athletic program includes attending classes and any other team events or activities regardless of location. I understand that participation includes possible exposure to illness from communicable diseases. While particular rules and personal discipline may reduce this risk, I understand that no list of restrictions, guidelines, or practices will remove 100% of the risk of exposure as those viruses can be transmitted by persons who are not symptomatic and before some people show signs of infection. I understand that the risk of serious illness and death does exist. I understand that when participating in T-Town MMA’s athletic program, I will be in contact with coaches, teammates, families, children, and others who might expose me to communicable diseases and who are also at risk of community exposure.
3. I, the undersigned acknowledges, appreciates, and agrees that on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless T-Town MMA in the event of any illness, disability, death, or loss or damage to person or property resulting from any communicable disease, including COVID-19 whether arising from the acts, omissions, or negligence of T-Town MMA, to the fullest extent permitted by law including, but not limited to, agreeing not to sue and releasing and holding harmless T-Town MMA from claims, liabilities, actions, damages, costs, or expenses of any kind arising out of or relating thereto.
4. I knowingly and freely assume all such risks, both known and unknown and assume full responsibility for my participation.
5. I willingly agree to comply with the terms and conditions for participation regarding protection against infectious diseases as outlined in T-Town MMA’s Reopening Plan. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring that hazard to the attention of the nearest official immediately.
6. I agree to assume all the foregoing risks and accept full responsibility for my own damages following illness, injury, permanent disability, or death.
7. I shall defend, indemnify, and hold harmless T-Town MMA against any and all liability, loss, expenses, including reasonable attorney’s fees, claims from injury or damages to the extent that the same are caused by or result from the activities related to participation in T-Town MMA’s athletic program.
8. I understand and expressly agree that the terms of this Release are governed by the laws of the State of Washington. I also understand and expressly agree that the terms of this Release are intended to be as broad and inclusive as is permitted by the laws of Washington. Any provision or portion of this Release are found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.

I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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FOR PARTICIPANTS UNDER AGE 18 AT THE TIME OF REGISTRATION PARENTS WHO SIGN WILL SIGN ON BEHALF OF THEIR CHILDREN:

As the parent/guardian of this participant, I certify that I have read and understood the provisions of this Release and that I have read and explained its provisions to my child, including the risks of presence and participation in T-Town MMA’s athletic program. I have also explained that it is my child’s personal responsibility to adhere to the rules and regulations for protection against communicable diseases. As my child’s parent or guardian, I understand and accept those risks and responsibilities. Furthermore, my child understands and accepts those risks and responsibilities. I, for myself, my child’s other parents/guardians, all family members, and my child consent and agree to his/her Release as outlined above.

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