GRANITE BAY JIU-JITSU MEMBERSHIP AGREEMENT
You, for yourself and/or on behalf of the minor named on the purchase confirmation page as the parent or legal guardian of such minor (“Member”), wish to receive training and instruction in martial arts, yoga and/or other fitness activities (the “Fitness Activities”) from GBJJ, Inc. dba Granite Bay Jiu-Jitsu (“GBJJ”). The duration, class frequency, membership fee and certain other terms of your membership plan (“Membership Plan”) are set forth on the purchase confirmation page. In consideration of the service provided to Member by GBJJ (“Services”), Member hereby freely and knowingly accepts and agrees to the following terms and conditions in addition to any such terms and conditions set forth on the purchase confirmation page (collectively the “Agreement”):
BUYER’S RIGHT TO CANCELLATION. YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME. Such cancellation will be effective thirty (30) days after the date GBJJ receives notice of Member’s cancellation in accordance with Section 2. GBJJ must receive notice of Member’s cancellation no later than thirty (30) days prior to a scheduled Payment Date in order to avoid billing membership fees for the month following such Payment Date. For example, if a Payment Date is scheduled for February 1st, Member would need to cancel no later than January 2nd to avoid billing membership fees for the month of February.

HOW TO CANCEL: Buyer may cancel this Agreement: (a) by mailing written notice of cancellation to 4120 Douglas Blvd Suite 309, Granite Bay, CA 95746 by registered or certified United States mail; (b) by emailing notice of cancellation to info@gbjj.org; or (c) by calling GBJJ at (916) 587-1411. The notice must state that you, the buyer, are cancelling this Agreement, or words of similar effect.

REFUNDS UPON CANCELLATION OF MONTH-TO-MONTH MEMBERSHIP PLAN: If Member registered for a month-to-month Membership Plan, Member will, no later than ten (10) days following the effective date of cancellation, receive a prorated refund of fees corresponding to the period following the effective date of cancellation. For example, if the Payment Date is February 1st, and the effective date of cancellation is February 15th, Member would receive a prorated refund of fees for the period from February 16th through the end of February. Member agrees that if he/she received any free trial period as an inducement to enter into this Agreement or as a result of referring new members, such free period will not be considered in computing the amount of any refund to which Member is entitled.
CHARGES UPON CANCELLATION OF ANNUAL OR SEMIANNUAL MEMBERSHIP: If Member registered for an annual or semiannual (e.g., 6-month) Membership Plan, then upon early cancellation of this Agreement, Member shall pay to GBJJ the lesser of (a) the difference between (i) the fees payable for the current annual or semiannual term through the effective date of cancellation at the applicable month-to-month rate (accounting, as appropriate, for any Membership Upgrade effected during such period) minus (ii) the fees actually paid for the current annual or semiannual term through the effective date of cancellation or (b) the fees otherwise payable from the effective date of cancellation through the end of the current annual or semiannual term. For example, if Member cancels this Agreement effective the last day of the eighth (8th) month of an annual term, and assuming the then-applicable fee for annual membership is $140/month and for month-to-month membership is $180/month, then Member must pay to GBJJ $320 (i.e., the lesser of (a) the difference between (i) $1,440, the fees payable for eight months at the month-to-month rate and (ii) $1,120, the fees actually paid for eight months at the annual rate or (b) $560, the fees otherwise payable at the annual rate from the effective date of cancellation to the end of the annual term). Member hereby authorizes GBJJ to charge his/her credit card or bank account for amount(s) due pursuant to this Section 4 within ten (10) days following the effective date of cancellation.
PROMOTIONAL OFFERS: Member may purchase his/her membership pursuant to a promotional offer for the period provided on the purchase confirmation page (the “Promotional Period”). Notwithstanding anything to the contrary in this Agreement, no monies paid with respect to any Promotional Period will be refundable. Following the expiration of the Promotional Period, Member will be billed for the Services on a monthly basis as provided in Section 8.
DISCOUNTED OR FREE ITEMS. Upon any early cancellation of this Agreement, Member shall be liable to pay the full price for any discounted or free items (e.g., uniforms) sold or given to Member by GBJJ. Member hereby authorizes GBJJ to charge his/her credit card or bank account for amount(s) due pursuant to this Section 6 within ten (10) days following the effective date of cancellation.
MEMBERSHIP PLAN UPGRADES. Member will be informed either verbally or in writing when they have attended a number of classes in excess of the number of classes permitted under his or her Membership Plan (“Permitted Attendance”). If Member thereafter attends classes in excess of his or her Permitted Attendance, Member will be charged automatically for the Membership Plan most closely corresponding to Member’s class attendance and will pay the pro-rated fee based on the remaining number of days in that month (“Membership Upgrade”).
CREDIT CARD AUTHORIZATION: If Member purchases his/her membership pursuant to a promotional offer, fees for Services will be billed (a) on the first day of the Promotional Period, (b) on the date following the expiration of the Promotional Period and (c) each month thereafter on the date set forth in clause (b). For all other membership purchases, fees for Services will be billed (x) on the date shown on the purchase confirmation page; (y) each month thereafter on the date set forth in clause (x); and (z) on the date of any Membership Upgrade. The date of payment under this Agreement is referred to as the “Payment Date.” Member authorizes GBJJ to charge his/her credit card or bank account for the amount(s) set forth on the purchase confirmation page within one business day before or after the Payment Date. Member understands that this authorization will remain in effect until she/he cancels this Agreement in accordance with Section 2 or until the Agreement is otherwise terminated. If the Payment Date falls on a weekend or holiday, Member understands that the payments may be executed on the next business day. For ACH debits to Member’s checking/savings account, Member understands that because these are electronic transactions, these funds may be withdrawn from Member’s account as soon as one business day before the Payment Date. Member certifies that he/she is an authorized user of this credit card/bank account and will not dispute these scheduled transactions with his/her bank, so long as the transactions correspond to the terms indicated in this Agreement. Member further agrees that (i) he/she shall not request any stop payment order effective for longer than ninety (90) days with respect to any ACH debits authorized under to this Agreement; (ii) any stop payment order that remains in effect for longer than ninety (90) days shall be deemed to cancel this Agreement effective thirty (30) days following the end of such ninety (90) day period; (iii) Member shall be liable for any fees payable from the end of such ninety (90) day period through the effective date of cancellation and for any cancellation charges due under Section 4; and (iv) GBJJ may charge Member’s credit card to collect any such fees.
MEMBERSHIP RENEWALS: Following the expiration of the Member’s Membership Plan, Member will automatically be billed for the Services at the applicable month-to-month rate as provided in Section 8 unless: (a) Member terminates this Agreement in accordance with Section 2 or (b) within thirty (30) days of the final day of such Membership Plan, Member signs up for a longer-term Membership Plan at the then-current pricing offered for such Membership Plan.
ADDITIONAL PURCHASES. Member authorizes GBJJ to charge Member’s credit card or bank account for any purchase or rental of: (a) patch sets for association compliance or (b) uniforms. GBJJ will provide Member with a written record of such purchases.
BELT PROMOTIONS. Member will be notified via email at least seven (7) days in advance in the event Member receives eligibility for a belt promotion (“Belt Promotion”) with information concerning the price of the Belt Promotion and time of the Belt Promotion ceremony. Member hereby authorizes GBJJ to charge Member’s credit card or bank account for the cost of the Belt Promotion, and Member shall notify GBJJ in writing at least 48 hours in advance of the Belt Promotion ceremony if Member declines the Belt Promotion. If Member declines the Belt Promotion, Member will not be charged for the Belt Promotion and is not permitted to attend the Belt Promotion ceremony.
NOTIFICATION OF CHANGES TO ACCOUNT INFORMATION: Member agrees to notify GBJJ in writing of any changes in his/her account information or termination of this authorization at least 30 days prior to the next Payment Date.
INSUFFICIENT FUNDS: In the case of an ACH transaction being rejected for non-sufficient funds (“NSF”), Member (a) agrees to pay a $25 charge for such initial attempt returned NSF; (b) understands that GBJJ may at its discretion attempt to process the charge again within 30 days; and (c) agrees to an additional $25 charge for each additional attempt returned NSF, which will be initiated as a separate transaction from the authorized recurring payment. Member agrees to pay a $10 charge for any ACH transaction that is rejected for reasons other than an attempt returned NSF. Member acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law.
PRICING: GBJJ reserves the right to increase the monthly or annual fee and will provide 30 days’ notice to Member regarding any such change in pricing.
UNPAID BALANCES: Member will not be permitted to use the GBJJ facility or receive Services until all fees are current. Member acknowledges and agrees that GBJJ may appoint a debt collection agent to collect any fees due under this Agreement and that Member shall pay any collection and/or legal costs incurred by GBJJ for collection of such fees.
MEMBER’S OBLIGATIONS AS BUYER: Member will not be relieved of Member’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use GBJJ’s facilities or Services. Member fees are for the period of time and are no way related to or adjusted based on actual usage of GBJJ facilities.
GUESTS: Member’s guests are permitted in the GBJJ facility, but only pursuant to such rules, regulations, fees, and schedules for such guest as may then be in effect. GBJJ reserves the right to exclude any guest whose use of the premises, in the sole opinion of GBJJ, would be detrimental to GBJJ or any of its members.
TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
REVOCATION OF MEMBERSHIP: GBJJ reserves the right to revoke Member’s membership and cancel this Agreement at any time for any reason, effective immediately, in which case Member will, no later than ten (10) days after such cancellation, receive a prorated refund of fees corresponding to the period following the date of cancellation, provided that Member will not receive a refund for any monies paid during any Promotional Period.
RULES, REGULATIONS, AND SCHEDULES: You (individually, if you are the Member or as agent and/or guardian of Member) agree that Member and Member’s family and any guests and invitees will be bound by this Agreement and all the membership rules, regulations and schedules of GBJJ, which may be posted at the premises or issued orally, and which may be amended from time to time, at GBJJ’s sole discretion.
STORAGE BINS: Storage bins are provided solely for the benefit and convenience of members. Management will remove any articles left in a storage bin overnight. GBJJ is not responsible for lost or stolen items or articles left in storage bins or anywhere else on GBJJ’s premises. Member releases GBJJ of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to Member’s personal property while stored in a storage bin or anywhere else on GBJJ’s premises.
DRESS CODE: Proper athletic attire required. Athletic attire must be clean and laundered prior to use. No shoes are permitted on any mat at the GBJJ facility. Management has the right to refuse Services to any Member who does not wear proper attire.
PHOTO RELEASE: Member hereby grants GBJJ permission to use his or her likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Member understands and agrees that all photos will become the property of GBJJ and will not be returned. Member hereby irrevocably authorizes GBJJ to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, Member waives any right to inspect or approve the finished product wherein Member’s likeness appears. Additionally, Member waives any right to royalties or other compensation arising or related to the use of the photo. Member hereby holds harmless, releases, and forever discharges GBJJ from all claims, demands, and causes of action which Member, Member’s heirs, representatives, executors, administrators, or any other persons acting on Member’s behalf or on behalf of Member’s estate have or may have by reason of this authorization.
MEMBER’S HEALTH WARRANTY: Member represents that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise.
ASSUMPTION OF RISK: Member understands that the Fitness Activities are hazardous activities that involve inherent risks of serious physical injury. With full knowledge of risks involved in the Fitness Activities, Member expressly assumes all the risks of harm to Member arising from the practice of the Fitness Activities at GBJJ.
WAIVER OF LIABILITY AND INDEMNIFICATION: Member hereby expressly and for all times, on behalf of Member, Member’s guests, heirs, successors and assigns, executors and personal representatives releases and agrees to hold harmless GBJJ from any claim, demand or cause of action at law or equity from any loss, theft, cost, claim, injury, illness, damage or liability (including potential exposure to COVID-19) that arises from or is related to Member’s use of the Services, from Member’s use of the equipment of GBJJ or from participation in any activity associated directly or indirectly with GBJJ, or from Member’s use of any techniques from the Fitness Activities. Member assumes full responsibility for his or her use of the GBJJ facility and releases any and all claims, demands, or causes of action at law or equity, including those caused in whole or in part by the negligence of GBJJ. Member hereby agrees to indemnify and hold harmless GBJJ from any claim, demand or cause of action at law or equity, including, but not limited to, any claim of personal injury, that may be asserted against GBJJ by any third party arising from or related to Member’s participation in the Fitness Activities, from Member’s use of the equipment of GBJJ, from Member’s participation in any activity directly or indirectly associated with GBJJ, or from Member’s use of any techniques from the Fitness Activities.
DISCLAIMER: GBJJ makes no warranties or representations, express or implied, other than those set forth herein, and Member’s sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this Agreement. IN NO EVENT SHALL GBJJ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
COVID-19 SCREENING: In connection with the COVID-19 pandemic, GBJJ may screen Members and guests for risk factors related to COVID-19 (including, by measuring such person’s temperature and/or by asking members and guests if they have certain symptoms, if they have been in close contact with anyone who has exhibited such symptoms, if they have recently been in contact with anyone who has exhibited such symptoms, if they have recently been in contact with anyone who has tested positive for COVID-19, or if they have recently traveled to certain parts of the world). In such cases, GBJJ is not collecting or retaining any such information; rather, GBJJ is simply screening individuals without keeping any records of such screenings. However, if GBJJ learns, or is otherwise informed, of a Member or guest with a suspected or confirmed case of COVID-19, GBJJ may collect and/or use certain personal information of such Member or guest for contract tracing purposes. GBJJ reserves the right to refuse entry to any person who represents a high risk of exposing members, guests, or employees to COVID-19 or who fails to comply with any of GBJJ’s related policies and procedures or with any applicable state or local COVID-19 related rules. Member understands that while GBJJ has implemented preventative measures designed to reduce the spread of COVID-19, GBJJ cannot guarantee that Member will not become infected with COVID-19 or other infectious diseases while on the premises and that being on the premises may increase Member’s risk of contracting COVID-19.
AGREEMENT TO ARBITRATE: In the event of any dispute (other than one filed in a court that is limited to adjudicating small claims) between Member and GBJJ (“GBJJ” as used in this provision means Granite Bay Jiu-Jitsu, Granite Bay Jiu-Jitsu Academy, GBJJ, Inc. and any heir, successor, assigned executor, employee, member, representative, assistant instructor, owner or director of any or all of them), Member and GBJJ consent to arbitrate that dispute before a single arbitrator under the then current rules of the American Arbitration Association in Placer County, California rather than litigate the dispute in court. Member and GBJJ also agree that the Federal Arbitration Act governs the arbitrability of all disputes between Member and GBJJ. If Member does not want to be bound by this arbitration provision, Member must notify GBJJ in writing, by mail to 4120 Douglas Blvd Suite 309, Granite Bay, CA 95746, within 30 days of the date you first receive this Agreement, stating that Member does not want to resolve disputes with GBJJ by arbitration. In addition, Member agrees not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s account, if GBJJ is a party to the proceeding. The arbitrator shall interpret and determine the validity of this arbitration provision, including unconscionability. If the arbitrator finds that the arbitration agreement, including class waiver, is unenforceable in whole or part, the entire arbitration provision shall be null and void and either party may file the action in court.
MISCELLANEOUS: Except for the rules, regulations and schedules posted at the facility or issued orally by GBJJ from time to time at its discretion, this Agreement constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This Agreement only may be modified in writing executed by a duly authorized representative of GBJJ. Employees are not authorized to make any independent agreements with any Member. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable, such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of GBJJ and Member and their respective heirs, successors, and assigns.