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Membership Documents

Waiver / liability release

Waiver, Release of Liability & Assumption of Risk, Media Release, Standard Terms and Conditions	Today’s Date: {sign_date}

TBG Martial Arts, LLC
1101 Ohio Drive, Suite 118, Plano, Texas 75093-5341 (the “Facility”)

THIS WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
IS PART OF YOUR MEMBERSHIP AGREEMENT.

PLEASE INITIAL EACH SECTION TO CONFIRM THAT YOU HAVE
READ, UNDERSTAND, AND AGREE TO THE FOLLOWING.

	NOTICE AND CONSENT TO INSTRUCTORS. TBG Martial Arts, LLC (“TBG Martial Arts”), seeks to use professional martial arts instructors. If I am taking a martial arts class or receiving 1:1 personal instruction, I understand that I may not always have the instructor I desire. However, I agree to learn from whoever is teaching. I understand I am responsible for my own personal safety and agree that the full force of this Agreement applies regardless of which instructors train me.

	LOST, DAMAGED, OR STOLEN PROPERTY. I understand and agree that TBG Martial Arts, its agents, and employees are not responsible for lost, damaged, or stolen articles or personal property. I have been advised by TBG Martial Arts to write my name in indelible ink on any clothing and personal equipment I bring to the Facility, to keep my possessions locked in my vehicle, and to leave valuables at home.

	FACILITY RULES.. By signing this Agreement, I acknowledge the Facility Rules of Use & Code of Conduct (the “Rules”) and agree to follow them. TBG Martial Arts reserves the right to amend the Rules by posting an updated copy in the Facility’s lobby. I agree that TBG Martial Arts may suspend or revoke my access to the Facility if I fail to obey the Rules.

	GOVERNING LAW. I agree that any disputes arising under or covered by this Agreement shall be governed and controlled by the laws of the State of Texas applicable to contracts made and performed therein without reference to the applicable choice of law provisions.

	DISPUTE RESOLUTION AND VENUE. Subject to the terms of the Texas Health Spa Act, I agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential binding arbitration before one arbitrator who is a former federal or state court judge. Arbitration shall be administered by the arbitrator pursuant to American Arbitration Association Rules in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no case shall either TBG Martial Arts or I have the right to go to court or have a jury trial. We will not have the right to engage in pre-trial discovery except as provided in the arbitration rules; I will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. This clause does not preclude TBG Martial Arts or me from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. I also agree all arbitration must occur in Collin County, Texas. Arbitration fees and costs shall be split equally and TBG Martial Arts and I are solely responsible for our respective lawyer fees.

	DURABILITY. This Agreement is effective from the date signed with no exceptions. Furthermore, the contents of this Agreement are retroactive to the date I first began training at the Facility if this document was signed after that date..

	SEVERABILITY. I agree that if any part of this Agreement is determined in arbitration or by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement is fully enforceable and legally binding.

	ASSUMPTION OF RISK. I affirm that I have disclosed any and all known medical, physical and/or mental injuries or impairments (e.g., a heart condition) that may be impacted by my participation in such martial arts training activities. I understand that martial arts training may consist of potentially dangerous activities. Bumps, bruises, scrapes, and soreness are commonplace. Most members/guests will encounter these minor injuries from time to time. More serious injuries are possible, such as sprains, strains, twists, cramps, and injuries of similar magnitude. Members/Guests could expect to encounter these injuries infrequently. The possibility of even more serious injuries (e.g., fractures and concussions) exists despite all safety precautions. While at the Facility, I intend to engage in strenuous physical activities and understand that these activities involve risk and exposure to personal and mental injuries, which risk and exposure I voluntarily assume for myself.

	RELEASE OF LIABILITY. THEREFORE, ON BEHALF OF MYSELF, SPOUSE, HEIRS, ADMINISTRATORS, AND ASSIGNS, I HEREBY RELEASE IN FULL FROM ANY AND ALL CLAIMS AND FOREVER DISCHARGE TBG MARTIAL ARTS, ITS PRINCIPALS, OFFICERS, EMPLOYEES, STAFF, AGENTS, MEMBERS, OTHER GUESTS, SUCCESSORS, ASSIGNS, AND ALL OTHER PARTIES FROM ANY AND ALL LIABILITY, DAMAGES, CLAIMS, DEMANDS AND/OR CAUSES OF ACTION RELATING TO OR DERIVING FROM ANY INJURY TO ME DURING OR ARISING OUT OF THE USE OF THE FACILITY OR PARTICIPATION IN ANY FACILITY EVENT (E.G. TRAINING CLASSES, SEMINARS, 1:1 PERSONAL INSTRUCTION, ETC.), INCLUDING ALL RISK CONNECTED THEREWITH, WHETHER SEEN OR UNFORESEEN, EXCEPTING ONLY CLAIMS FOR GROSS NEGLIGENCE OR INTENTIONAL TORT.
	PHOTOS, VIDEO, AUDIO & DERIVATIVE WORKS. To satisfy an express condition precedent to being a guest or member of the Facility, I authorize TBG Martial Arts, LLC (“TBG Martial Arts”), its agents, licensees, successors, and assigns to take photographs as well as record audio and video of all my activities at the Facility. I fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold, or given away by TBG Martial Arts, both offline and via the Internet. Furthermore, I acknowledge that TBG Martial Arts is the sole copyright owner for these images, recordings, and any derivative works.


Member/Guest Name: {name}	Date of Birth:


Please select one of the following:

	Adult	I, {name}, represent and warrant I am over 18 years of age and have the mental capacity to manually or electronically execute a legally binding agreement.

	Minor	I, the undersigned, as parent or legal guardian of {name}, a minor, certify I am over 18 years of age, have the mental capacity to manually or electronically sign a legally binding agreement, have read this Agreement, and expressly consent to the minor becoming a Member. I agree for myself and the minor to the terms and conditions of this Agreement so the minor can become a Member.

	Incapacitated Adult	I, , as legal guardian or attorney-in-fact of {name}, an incapacitated adult, certify I am over 18 years of age, have the mental capacity to manually or electronically sign a legally binding agreement, have read this Agreement, and expressly consent to the incapacitated adult becoming a Member. I agree for myself and the incapacitated adult to the terms and conditions of this Agreement so the incapacitated adult can become a Member. *The legal guardian or attorney-in-fact must sign below.*

STANDARD TERMS AND CONDITIONS

Performance. A party’s failure to insist upon or enforce strict performance of any term or provision of this Agreement shall not be construed as a waiver of any term, provision or right. Neither course of conduct nor trade practice shall act to modify any provision of this Agreement.
Waiver, Release & Assumption of Risk. At the same time Member is signing this Membership Agreement, Member is also signing a Member Waiver, Release of Liability & Assumption of Risk agreement (the “Release”). The parties agree that the Release is part of this Membership Agreement and it is incorporated herein by reference as if fully set forth at length. If there is a conflict between the Release and this Membership Agreement, the terms and conditions which provide TBG Martial Arts, its principals, and agents with the most protection to and/or the greatest limitation of liability shall control.
Disclaimers – “As-Is” Only and Limitation of Liability. There is no warranty or guarantee of any kind with respect to Member’s use of Facility as far as results of use. This means TBG Martial Arts, its principals, officers, instructors, agents, other members, and employees, are not responsible for any loss or damage incurred directly or indirectly by Member because of access to and/or use of the Facility. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TBG MARTIAL ARTS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. Member understands there are many factors affecting Facility use. Because there are so many factors beyond the control of TBG Martial Arts, Member understands and agrees TBG Martial Arts does not guarantee any results from Facility use. MEMBER UNDERSTANDS THAT TBG MARTIAL ARTS IS USING THIRD-PARTY SERVICES TO PROVIDE SERVICES TO MEMBER AND THAT THESE THIRD PARTIES ARE BEYOND THE CONTROL OF TBG MARTIAL ARTS. FOR EXAMPLE, MEMBER MAY EXPERIENCE SUSPENSION OF FACILITY USE BECAUSE OF POWER OUTAGES, MOBILE SOFTWARE APPLICATION OUTAGES, AND MAINTENANCE BY THESE THIRD PARTIES. MEMBER MAY ALSO EXPERIENCE TEMPORARY SUSPENSION OF FACILITY USE WHILE TBG MARTIAL ARTS PERFORMS MAINTENANCE TASKS. TO THE EXTENT PERMITTED BY LAW, TBG MARTIAL ARTS AND ITS PARTNERS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM MEMBER’S USE OF OR INABILITY TO USE ANY OF THE FACILITY OR MOBILE SOFTWARE APPLICATIONS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES. TBG MARTIAL ARTS DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (I) ANY THIRD PARTY CLAIMS ARISING FROM OR BASED ON MEMBER’S USE OF THE FACILITY OR MOBILE SOFTWARE APPLICATIONS; (II) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (III) ACTS OF GOD; (IV) THE UNAUTHORIZED USE OR MISUSE OF MEMBER’S ACCOUNT NAME OR PASSWORD; (V) ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT; (VI) THE DELETION OF OR FAILURE TO STORE DATA OF ANY KIND; OR (VII) PROCESSING OF ANY AUTHORIZED MODIFICATION TO MEMBER’S RECORD OR MEMBER’S FAILURE TO PAY ANY MONTHLY DUES OR OTHER FEES. MEMBER AGREES THAT TBG MARTIAL ARTS’S ENTIRE LIABILITY, AND MEMBER’S EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT MEMBER PAID FOR SUCH SERVICES DURING THE THIRTY (30) DAYS PRECEDING THE DATE THE CLAIM AROSE.
Training and Personal Items. Membership does not include one-on-one personal training or personal equipment (e.g., exercise clothing). Member must pay for these separately.
Membership Types. Member acknowledges that Member has reviewed the different Facility membership types available, understands the rights and responsibilities for the membership type Member has selected, and agrees to the terms and conditions of that membership. Member understands and agrees that Member is ineligible to receive membership benefits for a membership type that Member has not selected. If Member has any questions about membership benefits and restrictions, Member will promptly ask Facility staff. Descriptions of membership plans are posted at the Facility. If there is a conflict between a membership plan description and this Membership Agreement, the terms and conditions which provide TBG Martial Arts with the most protection to and/or the greatest limitation of liability shall control.
Facility Hours. Facility staff office hours are posted on the front door of the Facility and may be changed from time to time. TBG Martial Arts does not guarantee that Member will always have access to the Facility for training. Availability depends in part upon capacity utilization by other Facility members and guests. TBG Martial Arts regularly closes the Facility for maintenance, improvements, selected holidays, and other hours based on municipal requirements. TBG Martial Arts may delete, change, discontinue, expand, repair, remodel, or replace any part or all of the Facility and services including, but not limited to, classes or special promotions, without any effect on this Agreement’s terms, conditions, or enforceability.
Early Termination Fees. Except as provided in the Texas Health Spa Act, if Member unilaterally terminates this Agreement prior to the end of a contract term that exceeds thirty-one (31) calendar days, Member agrees to pay TBG Martial Arts an early termination fee calculated as follows: seventy-five (75%) percent of the total unpaid balance for the remainder of the contract’s current term. Member shall have no other right to terminate this Agreement during the contract’s current term, including the failure to use the Facility.
Facility Use & Misconduct. Member’s access to the Facility is per a revocable nonexclusive nontransferable nonassignable nonsublicensable license granted by TBG Martial Arts to use the Facility during normal business hours. TBG Martial Arts reserves the right to unilaterally change Facility’s business hours by posting a sign on the Facility’s front door. Member agrees to only use the Facility for lawful purposes and to be respectful of the rights of TBG Martial Arts’ other members, guests, and instructors. To preserve the Facility’s environment, Member understands TBG Martial Arts may, at any time and in its sole discretion, ask Member to leave Facility and/or terminate this Agreement. To preserve the benefits of the Facility for others, Member will promptly and quietly leave if requested to do so by TBG Martial Arts.
Governing Law. The rights and obligations of the parties will be governed and controlled by the laws of the State of Texas applicable to contracts made and performed therein without reference to the applicable choice of law provisions.
Dispute Resolution. Subject to the terms of the Texas Health Spa Act, the parties agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential binding arbitration before one arbitrator who is a former federal or state court judge. Arbitration shall be administered by the arbitrator pursuant to American Arbitration Association Rules in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no case shall either party have the right to go to court or have a jury trial. The parties will not have the right to engage in pre-trial discovery except as provided in the rules; they will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Unless otherwise agreed to by the parties, all arbitration must occur in Collin County, Texas USA. Arbitration fees and costs shall be split equally and the parties are solely responsible for their respective lawyer fees.
Indemnification. Member agrees to release, indemnify, and hold TBG Martial Arts, its principals, partners, instructors, contractors, agents, employees, officers, directors, equity owners, and assigns harmless from all liabilities, claims, damages, costs, and expenses, including reasonable attorney fees and expenses, relating to or arising from Member’s use of Facility per this Agreement. When TBG Martial Arts is threatened with suit or sued by a third party, TBG Martial Arts may seek written assurances from Member concerning Member’s promise to indemnify TBG Martial Arts; Member’s failure to provide those assurances may be considered by TBG Martial Arts to be a material breach of this Agreement. In addition, in the event TBG Martial Arts is made a party to any claim, suit or action by Member which is unsuccessful or by a third party in each case relating to or arising from Member’s use of Facility, Member will reimburse TBG Martial Arts, at a reasonable rate, for all personnel time and expenses expended by TBG Martial Arts in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by TBG Martial Arts with respect to such response. The provisions of this paragraph shall survive termination of this Agreement for any reason.
Force Majeure. TBG Martial Arts shall not be liable for failure to perform any of its obligations under this Agreement during any period in which TBG Martial Arts cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic or pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond TBG Martial Arts’ control. If the Facility is rendered unusable for thirty (30) consecutive days or longer because of an event beyond TBG Martial Arts’ control, TBG Martial Arts shall extend the term of Member’s contract for a period equal to the time Facility is rendered unusable.
Membership Cap. TBG Martial Arts reserves the right to unilaterally change or remove limits on the number of members (in the aggregate or by membership level) at any time in TBG Martial Arts’ sole discretion. Notice of any such change or removal will be given by posting a notice at the Facility for seven (7) consecutive calendar days.
Limitation of Liability. IN NO EVENT SHALL TBG MARTIAL ARTS, ITS PRINICPALS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL TBG MARTIAL ARTS’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO TBG MARTIAL ARTS BY MEMBER PER THIS AGREEMENT.
Entire Agreement, Modifications, Assignments, Sublicenses, and Severability. This is the entire Agreement between the parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties. TBG Martial Arts may unilaterally assign its rights under this Agreement to a successor in interest. Member shall not assign or sublicense any rights under this Agreement without TBG Martial Arts’ prior written consent. If any part of this Agreement is determined in arbitration or by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement is fully enforceable and legally binding.
Facility Rules. All members and guests must comply with Facility Rules of Use & Code of Conduct (the “Rules”). These Rules are accessible to member at the Facility. TBG Martial Arts reserves the right to amend the Rules by posting an updated copy at the Facility notifying Member of the changes by email. TBG Martial Arts may suspend or revoke Member or guest access to the Facility for violating the Rules.
Media Release. At the same time Member is signing this Membership Agreement, Member is also signing a Media Release (the “Media Release”). The parties agree that the Media Release is part of this Membership Agreement and it is incorporated herein by reference as if fully set forth at length. If there is a conflict between the Media Release and this Membership Agreement, the terms and conditions which provide TBG Martial Arts, its principals, and agents with the most protection and/or the greatest limitation of liability shall control.
Contact Information. Members must provide prompt written notice to TBG Martial Arts of any changes to the contact information furnished on the first page of this Membership Agreement, including but not limited to any changes to current mailing address, phone numbers, and emergency contact information.
Minors. A custodial parent or legal guardian must sign a Waiver, Release of Liability & Assumption of Risk and a Media Release on behalf of the minor prior to the minor accessing the Facility. Children less than twelve (12) years of age shall only access the Facility’s premises when accompanied by custodial parent or legal guardian.
Guests and Guest Access. Members cannot bring guests to the Facility without prior approval by a duly authorized agent of TBG Martial Arts. In addition to such approval, there is (1) prepaid a $10 guest fee per guest and (2) both a Waiver, Release of Liability & Assumption of Risk and a Media Release must be duly executed by each guest. Member is responsible for explaining the Rules to each of Member’s guests and ensuring compliance with those Rules.
Biometric Identifiers. During the initial term of this Agreement and any renewal terms, TBG Martial Arts may decide to collect, retain, and use one or more of the following individual biometric identifiers to provide services to each Member: (1) fingerprint; (2) retina or iris scan; (3) voiceprint; and/or (4) record of hand or face geometry. Services provided by biometric identifier may include, but are not limited to, access to Facility when staff are not present, location and activity tracking within the Facility, and Member purchases from TBG Martial Arts (e.g., martial arts clothing). Access to Member’s biometric identifiers will be limited to TBG Martial Arts, its principals, employees, and agents (e.g., biometric software providers) unless otherwise required by applicable law. TBG Martial Arts will never sell biometric identifiers to third parties. At least fourteen (14) days prior to the initial collection of Member biometric identifiers, TBG Martial Arts will inform Member of such planned collection by posting a notice at the Facility and emailing a notice to Member. Member understands, agrees, and expressly consents to the collection, retention, and use of biometric identifiers by TBG Martial Arts, its employees, and agents to provide Member services. Member’s biometric data will be destroyed within one (1) year of membership termination.
Counterparts. This Agreement may be executed electronically or manually, in any number of counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same Agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic means (e.g., electronic mail or PDF) shall be effective as delivery of a manually executed counterpart to this Agreement.
Automatic Renewal Terms. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL BE DEEMED RENEWED AUTOMATICALLY FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM (EACH, AN “AUTOMATIC RENEWAL TERM”) UNLESS: (1) TERMINATION OCCURS PER OTHER PROVISIONS OF THIS AGREEMENT; OR (2) MEMBER PROVIDES TBG MARTIAL ARTS 30 DAYS PRIOR WRITTEN NOTICE OF INTENT NOT TO RENEW THE AGREEMENT (a) DELIVERED TO TBG MARTIAL ARTS, LLC, 1101 OHIO DRIVE, SUITE 118, PLANO, TEXAS 75093-5341 OR (b) BY EMAIL TO HELLO@TBGMARTIALARTS.COM.
Short Message Service (SMS) Text Messages. You agree to receive SMS text messages from or on behalf of TBG Martial Arts. These messages may be sent using an automatic telephone dialing system, by or on behalf of TBG Martial Arts, at the cell phone number you provide TBG Martial Arts. By voluntarily providing your cell phone number to TBG Martial Arts, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to appointment reminders, Facility announcements, and other messages related to fitness products and services. Please note TBG Martial Arts and its agents may not be able to deliver messages to all mobile carriers. Consent to receive SMS texts is not a condition of becoming a Facility Member, and you understand and agree that all text messages may be sent using automated technology. To stop receiving text messages from TBG Martial Arts, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a brief period while TBG Martial Arts processes your request. If you need further assistance, text HELP to the number sending the message, or contact TBG Martial Arts by email at hello@tbgmartialarts.com. Message and data rates may apply for any messages sent to you from or on behalf of TBG Martial Arts, and messages you send to TBG Martial Arts. If you have any questions about your text plan or data plan, contact your wireless service provider. By providing your cell phone number to TBG Martial Arts, you warrant that you are at least eighteen (18) years of age and that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to TBG Martial Arts, you agree to notify TBG Martial Arts immediately. Failure to do so constitutes a material breach of these terms. Mobile carriers, TBG Martial Arts, and its agents are not liable for delayed or undelivered messages.

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Classpack-9

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Full Spectrum Taekwondo - 1 Month - up to 3 classes per week

Full Spectrum Taekwondo - 12 Months - 1 class per week

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Full Spectrum Taekwondo - 6 Months - 1 class per week

Full Spectrum Taekwondo - 6 Months - up to 3 classes per week

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Texas-Style Taekwondo (full hour) - 1 Month

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Texas-Style Taekwondo (half hour) - 1 Month

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