I, the undersigned, hereby acknowledge and agree to the following terms and conditions as a participant in martial arts training provided by KRAKEN MARTIAL ARTS ACADEMY, LLC.

 

LIABILITY & ASSUMPTION OF RISK / WAIVER
 
Member acknowledges that participation in martial arts training, including but not limited to Brazilian Jiu-Jitsu, Muay Thai, mixed martial arts, wrestling, fitness training, and related activities, involves inherent risks. These risks include, but are not limited to: bodily injury, strains, sprains, fractures, dislocations, concussions, permanent disability, paralysis, or death.
Member understands that injuries may result from participation in training, use of equipment, contact with other participants, or the condition of the premises.
Member voluntarily and knowingly assumes all risks, both known and unknown, associated with participation in any activities at Kraken Martial Arts Academy, LLC.

 

RELEASE OF LIABILITY
 
To the fullest extent permitted by California law, Member hereby releases, waives, discharges, and covenants not to sue Kraken Martial Arts Academy, LLC, its owners, officers, instructors, coaches, employees, volunteers, agents, and affiliates (collectively, the “Released Parties”) from any and all liability, claims, demands, losses, or damages arising out of or related to any injury, illness, or damage sustained by Member while participating in any activities or while on the premises, whether caused by the negligence of the Released Parties or otherwise.

 

NEGLIGENCE WAIVER
 
Member expressly agrees that this waiver and release includes any claims based on the alleged negligence of the Released Parties to the fullest extent permitted by California law.

 

MEDICAL CONSENT
 
Member authorizes Kraken Martial Arts Academy, LLC and its representatives to obtain emergency medical care for Member if deemed necessary. Member agrees to be financially responsible for any medical treatment or transportation provided.

 

PHYSICAL CONDITION
 
Member represents that they are physically able to participate in martial arts training and have no medical condition that would prevent safe participation, or that they have consulted with a healthcare provider prior to engaging in such activities.

 

EQUIPMENT & SAFETY

Member agrees to follow all safety instructions, gym rules, and coaching guidance. Member understands that failure to do so may increase risk of injury.

 

PHOTO / VIDEO RELEASE
 
Member grants permission to Kraken Martial Arts Academy, LLC to use photographs, video recordings, or likeness of Member for promotional, marketing, and social media purposes without compensation.

 

MINOR PARTICIPANTS (IF APPLICABLE)
 
If Member is under the age of 18, a parent or legal guardian must sign below. The parent/guardian agrees to all terms of this agreement on behalf of the minor and assumes all risks associated with the minor’s participation.

 

SEVERABILITY
 
If any portion of this waiver is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

ACKNOWLEDGMENT OF UNDERSTANDING
 
Member acknowledges that they have carefully read this waiver, fully understand its terms, and are signing it freely and voluntarily. Member understands that they are giving up substantial legal rights, including the right to sue.

 

1. MEMBERSHIP TERM

This agreement shall commence on the date it is signed by the member ("Effective Date") and shall continue for a period of twelve (12) consecutive months from the Effective Date ("initial term"), unless terminated earlier in accordance with the terms of this agreement.

2. MEMBERSHIP DUES
 
Member agrees to pay the monthly membership dues as specified elsewhere in this agreement, which are incorporated herein by reference. Member authorizes Kraken Martial Arts Academy, LLC to automatically charge the payment method on file on the 1st day of each month for all applicable dues, fees, and charges.Payments are made via: Auto-debit 

 

3. AUTO RENEWAL

This agreement will automatically renew for successive 12-month terms unless the Member submits a written Membership Cancellation Form:

Prior to expiration OR

No later than 7 days after the contract expiration date

 Renewal will occur at the current applicable membership rate.

 

4. CANCELLATION RIGHTS
You may cancel this agreement:

A. 5-Day Right to Cancel
You may cancel within 5 business days of signing for a full refund.

B. Additional Cancellation Rights
You may cancel at any time if:

You move more than 25 miles from the facility

You become disabled and cannot use the services

The facility closes or relocates

ADDITIONAL CANCELLATION RIGHTS – DOCUMENTATION

Member may be required to provide reasonable documentation to support eligibility for cancellation under applicable law, including but not limited to:

Proof of relocation, such as a lease agreement, utility bill, government-issued identification with updated address, or other reasonable documentation showing relocation beyond twenty-five (25) miles from the facility;

A written statement from a licensed healthcare provider confirming that the Member is unable to participate in the services due to medical or physical limitations.

Kraken Martial Arts Academy, LLC will not require disclosure of detailed medical records or diagnosis information, and any documentation provided will be used solely for the purpose of verifying eligibility for cancellation.
Refunds will be prorated as required by California law.

 

5. EARLY TERMINATION

If Member voluntarily cancels this agreement before the end of the 12-month term:

Member agrees to pay a $200 Early Termination Fee

This fee represents reasonable liquidated damages and is not a penalty.

 

6. MEMBERSHIP CANCELLATION POLICY
Cancellation requires submission of a Membership Cancellation Form

Must be submitted:

At least 7 days after the last billing cycle to avoid additional charges

Verbal cancellations are not accepted

 

7. BILLING & LATE PAYMENTS
Monthly dues are billed on the 1st of each month

Late or failed payments incur:

$10 per week late fee

DEFAULT; LOSS OF DISCOUNTED RATE

Member acknowledges that the monthly membership rate provided under this agreement may be a promotional or contract-based rate offered in consideration of the Member’s agreement to the full term and conditions of this agreement, and that such rate is contingent upon the Member’s compliance with all terms herein.

In the event the Member:

Fails to make timely payments, and

Becomes delinquent for more than one (1) billing cycle, and

Fails to cure such delinquency within a reasonable period after notice,

Kraken Martial Arts Academy, LLC reserves the right to:

Recalculate the membership dues at the standard non-discounted month-to-month rate for the period of default and remaining term of the agreement; and

Collect any outstanding balance based on the adjusted rate, in addition to any applicable late fees; and

Refer the account to a third-party collection agency.

Standard Rates:
Adults $200/ month
Kids $150/ month

Member agrees that any discounted or promotional rate is conditional upon compliance with the terms of this agreement and that loss of the discounted or promotional rate is not a penalty, but a reversal of conditional pricing.

Failed Transactions:
After two (2) failed payments:

Billing may convert to weekly payments based on monthly rate

 

8. PRORATED INITIAL PAYMENT
If enrollment occurs after the 5th day of the month, the initial payment will be prorated based on the signup date.

9. FREEZE POLICY
Members may request a temporary freeze under the following conditions:

Terms:
Minimum freeze: 1 week

Maximum freeze: 2 months

Fee: $10 per week

Additional Conditions:
Membership must remain frozen for at least 1 week

Proof may be required (travel, medical, hardship)

Membership will automatically resume:

On the selected end date OR

After 2 months (maximum)

Extension:
Membership term will be extended by the duration of the freeze

 

10. COLLECTIONS

If unpaid dues equal two (2) months of membership fees, Kraken Martial Arts Academy may:

Refer the account to a collection agency

Member agrees to be responsible for any lawful collection costs

By signing below I acknowledge that I have fully read and understood all information on this document along with the agreed upon fees and release of liability information.