Agreement is in force for 1 year from the date of enrollment, at which time enrollment renewal will be completed, unless otherwise agreed upon between the Member and Valhalla MMA

USE OF FACILITIES: Valhalla MMA hereby permits the Member, in consideration of the fees and other amounts agreed to be paid by the Member to Valhalla MMA in this Agreement, the reasonable use of the premises designated for member use and related facilities during Valhalla MMA hours of operation in accordance with the terms and conditions expressed in this Agreement and the rules and regulations made by Valhalla MMA pursuant to this Agreement in force from time to time. Membership does not include personal training or other personal services, all of which are extra.

Under this agreement, it is understood that Valhalla MMA will oblige in providing the student with qualified and competent instruction and suitable teaching facilities.  All classes are supervised by Valhalla MMA personnel trained in the procedures and traditions of martial arts.

ADDITIONAL CHARGES: The Member shall be responsible for the following additional charges: 

(a) Enrollment/Initiation Fee:  $35.00 – payable with first payment of enrollment

(b) NSF or Returned Cheques: $25.00.  The Member understands that any cheques or authorized payment not cleared by their financial institution will result in subsequent NSF fees and possibly late payment fees

 (c) Membership Hold or Freeze Application: - $30.00 (administration fee)

WARRANTY AND REPRESENTATIONS OF MEMBER:
The Member represents and warrants to Valhalla MMA. (which warranties and representations the Member acknowledges Valhalla MMA is relying upon) the following:

(a) the Member is physically fit and has no medical defects known to the Member and consults a qualified medical physician on a regular basis;

(b) the Members understands that he/she will be engaged in physical exercise and contact which could, if not undertaken in a reasonable and responsible manner relative to the instruction and Member’s physical condition, result in personal injury to the Member.

(c) the Member agrees that they were provided the opportunity to observe and participate on training classes prior to signing this agreement.

(d) the Member will obey all rules and regulations of Valhalla MMA in force.

(e) the Member will conduct in a responsible manner at all times and use the facilities within the physical limitations of the Member

(f) the Member has read and understands the terms and conditions of this Agreement.

TRAINING AND PROGRESSION: The Member agrees to participate in training courses and Valhalla MMA agrees to teach these courses on a month to month basis.  The Member recognizes that regular class attendance is important for student progression and understands that it is the undersigned member and/or students responsibility to attend the classes.  It is further understood that the undersigned member and/or student is obligated to make payments for training whether or not the student attends class.  Failure to complete the lessons does not relieve the Member and/or student of their obligations to pay the tuition in full.

Lessons are not conducted on national holidays, unless otherwise specified, and does not relieve the Member of their financial obligation to pay the tuition in full.

WAIVER OF LIABILITY AND DISCLAIMER BY MEMBER. The Member acknowledges and agrees that: 

(a) the fees and other charges paid for membership to Valhalla MMA are for use of the Facilities only; 

(b) use of the Facilities is at the Member’s sole risk and the fees and other charges paid do not include insurance for personal injury to the Member, any damages flowing there from or damage or loss to Member’s property.

(c) the Member assumes all risk for personal injury, any damages resulting there from, any damage or loss to the Member’s property and any damages flowing there from howsoever caused;

(d) the Member hereby fully releases Valhalla MMA, its shareholders, directors, officers, employees, those for which Valhalla MMA is responsible at law or otherwise, the Landlord of the premises and any other party or parties related to any of the foregoing persons from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Member’s use or intended use of the Facilities and training, including but without limitation, any claims for personal injury arising from or as a result of the negligence of Valhalla MMA, its owners, agents or employees or the negligence of any other person present on Valhalla MMA premises as members;

(e) The Member understands and agrees that Valhalla MMA or any of its affiliates will not be held liable for any injuries, damages, etc.   The Member hereby waives and releases any and all rights and claims for physical, mental and emotional damages or death against Valhalla MMA, and all others connected for any and all injuries suffered, damages, actions, or causes of actions whatsoever, to person and/or property.

(f) Valhalla MMA is fully released from any liability whatsoever or howsoever caused for any theft or damage to the Member’s personal property; 

(g) the Member understands that during the course of instruction, employees of Valhalla MMA and/or other students or authorized personals will be engaged in a course of conduct requiring physical contact and fully consent to such contact as required by the training.  

(h) the Member understands that strict observation of the rules and regulations relative to training include the use of protective equipment required by Valhalla MMA.  Protective equipment is used to help prevent the possibility of accident or injury; however Valhalla MMA does not warrant the protective equipment. 

(i) the Member understands and agrees that participation in martial arts classes poses a risk of personally injury and assumes all responsibility of participation.

(j) the Member shall not join, assist, and/or act in concert in manner whatsoever or howsoever with any other person, firm or corporation in making any claim or demand or the bringing of a proceeding or action in any manner whatsoever against those persons or any one or several of them set out in clauses above; and,

(k) the Member understands this Waiver of Liability, Disclaimer and Release may be raised as an estoppel and a complete bar to any demand, action, claim, proceeding or complaint made against Valhalla MMA or any of the persons named in clauses hereof arising with respect to the matters above released and discharged. 

STATUTORY RIGHTS OF MEMBER: Member may rescind this Agreement in accordance with the provisions of the Consumer Protection Act, 2002, as set forth on the first page of this Agreement. The Member may rescind the Agreement at any time upon thirty (30) days’ notice by hand delivering written notice to the Manager and/or Operator of Valhalla MMA at which time the Member will receive a signed and dated cancellation receipt as proof of cancellation.

OTHER TERMS AND CONDITIONS: This Agreement shall be subject to all of the other terms and conditions as set out on any attachments to this Agreement and no amendment of this Agreement shall be binding upon either party unless reduced to writing and signed by both parties.

RULES AND REGULATIONS: The Member agrees to abide by the Rules and Regulations attached hereto and such other rules and regulations made by Valhalla MMA from time to time and posted in a conspicuous place on the premises.

NON-TRANSFERRABLE: A membership is not transferable unless done in club with management and a membership transfer fee is paid. The Member may not sell, assign or transfer this Agreement or membership at Valhalla MMA or any other right or privilege to anyone and any such attempt at sale, assignment or transfer without club involvement shall be null and void. Member may not loan their membership to anyone.

BREACH OR DEFAULT OF MEMBER: Any breach or default of the Member of this Agreement shall permit Valhalla MMA to terminate, suspend or revoke membership. Upon default in any of the scheduled payments, Valhalla MMA  may, at its option, declare the whole or any part of the balance to be immediately due and payable and the Member agrees to pay interest on the amount at the rate of 18% per annum calculated from the date of default to the date of payment. Amounts not paid in full within 10 days after their due date shall be subject to a late payment charge of 5% of the unpaid amount of the late installment or $25.00, whichever is greater. Valhalla MMA shall have the right, to the extent permitted by law, to enforce any one or more remedies under this Agreement whether successively or concurrently and such action shall not operate to bar or stop Valhalla MMA from pursuing any other remedy that Valhalla MMA may have under this Agreement or otherwise. 

TIME STOPS: For those who are eligible, time stops are allowable for absences of thirty (30) days or more. Members must apply to the club for a time stop before they leave on their absences. No time stops will be approved where less than thirty days remain until the contracted expiry date. One year maximum on time stops. $30 Fee applies.

TAXES: In addition to the cost of this membership, Member agrees to pay any and all sales, value added and other taxes levied or assessed by any government authority by reason of this Agreement and which are at law collectible from the Member.

Photograph, Video and Voice Recording Consent, Waiver, Indemnity and Release Form:

I hereby grant permission to Valhalla MMA and its representatives to photograph and video me, and otherwise capture my image, and to make recordings of my voice at the event or location noted below.

Event/Location: Valhalla MMA, 620 King St E, Cambridge, ON N3H 3N6. I further grant to Valhalla MMA and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now

known or later developed as well as my name for promoting, publicizing or explaining Valhalla MMA and its activities and for administrative, educational or research purposes. I acknowledge that Valhalla MMA owns all rights to the images and recordings.  I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings or materials. I hereby release, defend, indemnify and hold harmless Valhalla MMA, its Directors, employees from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or

rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.

MEMBER’S CERTIFICATION OF UNDERSTANDING: The undersigned member certifies that: 

(a) I have read, understand and agreed to the terms of this Agreement and the rules and regulations of Valhalla MMA

(b) I agree to abide by the rules and regulations of Valhalla MMA in force. 

(c) I acknowledge and understand that this membership is not based on usage and that I am bound to the terms of this Agreement regardless of how often I use the Facilities.

(d) I have been advised to consult a physician before I use the Facilities;

(e) I acknowledge exercise, and in particular, martial art classes, is strenuous exercise and may cause damage to my health and well-being without professional direction and my physician’s advice;

(f) I understand and agree that participation in martial arts classes poses a risk of personally injury and assume all responsibility of participation.

(g) I understand and agree that any pictures, videos or written documentation may be used for promotional purposes by Valhalla MMA and/or its agents without notification and/or financial compensation payable to the Member and/or student or otherwise.

(h) The terms and conditions of membership attached form part of this Agreement; 

(i) I acknowledge receipt of a true copy of this Agreement and attachments.