Signup

ATHLETE TRAINING AGREEMENT for OBSTACLE NINJA ACADEMY

Agreement Start Date: {sign_date}

Buyer’s First and Last Name: {name}

Home Address: {address}

Date of Birth: {dob}

E-mail Address: _____________________________________________

Phone #: {phone}

Seller: Obstacle Ninja Academy, LLC

Address: 2120 33rd St., Orlando, FL 32839

Email: info@obstacleninjaacademy.com

Phone: 407.608.5662

The words “you” or “your” refer to the Buyer or Student as the context requires. 

BUYER AGREES THAT THE TERMS AND CONDITIONS SET FORTH ON THE SUBSEQUENT PAGES HEREOF (INCLUDING THE DISCLAIMER/RELEASE OF LIABILITY AND INDEMNIFICATION) SHALL CONSTITUTE A PART OF THIS STUDENT TRAINING AGREEMENT AND SHALL BE INCORPORATED HEREIN (collectively, referred to as the “Agreement”).

NOTICE TO THE BUYER: (a) Do not sign this contract before you read it or if it contains any blank spaces. (b) You are entitled to an exact copy of the contract you sign.  Keep it to protect your legal rights.

TERMS AND CONDITIONS

1. Assumption of Risk. All classes practice sessions and contests are conducted by a trained instructor. By entering this Agreement, you are hereby affirming that Buyer and/or Student are fully aware of the dangers, risks and hazards inherent upon entering the premises of Seller’s fitness facility (the “Facility”), and in engaging in athletic training and instruction (which may include, but is not limited to, participation in practices sessions, instructional periods and contests), including, but not limited to, the risks inherent in participating in a dynamic sport. Buyer and Student hereby assume all dangers, risk and hazards associated therewith, including, but not limited to, the risk of serious bodily injury, paralysis, or death (collectively, the “Risks”). By signing below, each and every time you or the Student enters the Facility, you are accepting full responsibility for all of these Risks, whether caused by the actions or negligence of Seller, any of its agents, officers, directors, servants, employees, independent contractors, affiliates, and/or instructors, or any other students or persons.
2. Before undertaking any physical activity program, you should consult your physician. Seller will make no evaluation or recommendation whether Buyer, Student or guests are sufficiently physically fit for any exercise activities.
3. Buyer and Student agree to comply with all the rules and regulations of Seller (the “Rules and Regulations”). These Rules and Regulations may be given orally or may be posted at the Facility, and are subject to change at any time, at Seller’s discretion. Should any Student or Buyer disobey any part of the Rules and Regulations, his or her membership may be unilaterally terminated by Seller, at Seller's discretion.
4. Class times are subject to change at any time, at Seller’s discretion, and without prior notice to Buyer or Students. Changes to the class schedule do not relieve the Buyer of his/her payment obligations, under any circumstance.
5. Without prior notice, the school may be closed, and classes may be cancelled at the Seller’s discretion, including to accommodate national holidays, for the purpose of special events, and a period not exceeding 3 weeks per year for necessary maintenance and other purposes, without affecting scheduled tuition payments.
6. Seller, and those acting under its authority, reserve the right to publish, print, display or otherwise publicly use any photographs, images, videotapes, artwork, or likeness of the Buyer and/or Students, in Seller’s marketing, promotional or advertising material, website and any social media accounts, or for any other lawful purpose. If you are signing on behalf of a minor child, you hereby give Seller, and those acting under its authority, exclusive right to publish, print, display or otherwise publicly use any photographs, images, videotapes, artwork, or likeness of the minor child, in Seller's marketing, advertising or promotional materials, website and/or social media accounts, or for any other lawful purpose.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE “RELEASED PARTIES” (DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE “RELEASED PARTIES” (DEFINED BELOW) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE “RELEASED PARTIES” (DEFINED BELOW) HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

7. RELEASE, HOLD HARMLESS AND INDEMNIFICATION. By entering into this Agreement, YOU HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE: (i) Seller, and all of its agents, officers, directors, servants, employees, independent contractors, and affiliates; and (ii) Obstacle Ninja Academy, LLC and all of its agents, officers, directors, servants, employees, independent contractors and affiliates (collectively, the parties listed in (i) and (ii) shall be referred to hereinafter as the “Released Parties”) FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH ENTRY UPON OR OTHERWISE BEING PRESENT AT THE FACILITY, INCLUDING PARTICIPATION IN ANY ATHLETIC INSTRUCTION, TRAINING, OR ANY RELATED ACTIVITIES BY YOURSELF OR ANY MINOR FOR WHOM YOU ARE SIGNING THIS RELEASE. THIS DUTY TO HOLD HARMLESS, INDEMNIFY AND DEFEND INCLUDES ANY COSTS OR EXPENSES, INCLUDING LITIGATION EXPENSES, ATTORNEY’S FEES, LOSS LIABILITY, OR DAMAGES, INCURRED IN CONNECTION WITH SUCH CLAIMS.
   1. If I am signing on behalf of a minor, I acknowledge that I am releasing and indemnifying against any and all claims that I may have as the minor's parent or legal guardian, whether or not the release of the minor's own claims is found to be enforceable under the applicable law. In the event that the release of the minor's own claims is held not to be enforceable, I AGREE TO ACCEPT  FULL RESPONSIBILITY FOR ANY SUCH  CLAIM OF  THE MINOR AND  TO HOLD  HARMLESS, INDEMNIFY AND DEFEND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS BY OR ON BEHALF OF THE MINOR ARISING  OUT OF OR CONNECTED  IN ANY WAY WITH ENTRY UPON OR OTHERWISE BEING PRESENT AT THE FACILITY, INCLUDING PARTICIPATION IN ANY MARTIAL ARTS INSTRUCTION, TRAINING, SPARRING OR ANY RELATED ACTIVITIES BY MYSELF OR ANY MINOR FOR WHOM I AM SIGNING THIS AGREEMENT. THIS DUTY TO HOLD HARMLESS, INDEMNIFY AND DEFEND INCLUDES ANY COSTS OR EXPENSES, INCLUDING LITIGATION EXPENSES, ATTORNEY’S FEES, LOSS LIABILITY, OR DAMAGES, INCURRED IN CONNECTION WITH SUCH CLAIMS.
8. I ACKNOWLEDGE THAT THE RELEASE AND INDEMNITY PROVISIONS IN PARAGRAPHS 7 AND 7.A., ABOVE, APPLY TO ALL CLAIMS FOR INJURY (INCLUDING DEATH) OR DAMAGE RESULTING  FROM ANY CAUSE, INCLUDING  THE NEGLIGENCE  (WHETHER SOLE  OR  IN  PART)  OF ANY OF THE RELEASED PATIES. I FURTHER ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE BINDING  ON ALL FAMILY  MEMBERS,  INCLUDING  MINORS,  GUARDIANS,  HEIRS AND ANY EXECUTOR OR PERSONAL REPRESENTATIVE OR BENEFICIARY.
9. Buyer hereby authorizes the use of the e-mail address s/he disclosed herein for administrative and billing purposes and acknowledges that e-mail text from Seller, and or its affiliates, may include personal, sensitive, private and/or secure information.
10. Buyer agrees that this Agreement should be enforced to the full extent permitted by law. If any section or part of this Agreement is held not to be enforceable under the applicable law, the remainder of the Agreement shall remain enforceable.
11. If I am signing this Agreement as an adult participant, I state that I am 18 years of age or older and legally competent to sign this Agreement, including the Release of Liability and Indemnification Agreement. I understand that these terms are contractual and not mere recitals. I have signed this document of my own free act. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE AND INDEMNITY BY READING IT BEFORE I SIGNED.
12. If I am signing this Agreement for a minor participant (one parent or legal guardian must sign for all persons under 18 years of age), I state that I am the parent or legal guardian of the minor participant signing this Release of Liability and Indemnification Agreement and that I am legally competent and authorized to sign this Agreement on behalf of the minor. I acknowledge that the non-signing parent or legal guardian is aware of the minor child’s participation in ninja warrior and other dynamic sports and is bound by the terms and conditions of this Agreement.  I understand that all disclaimers, releases, indemnifications, terms and conditions apply to the minor child. I have discussed with the minor the risks and responsibilities of participating in the Membership Program and related activities, and I represent that the minor is sufficiently mature to understand the responsibility to abide by the rules, policies and instructions of Seller. I will accompany and supervise the minor during all activities. I understand that these terms are contractual and not a mere recital.  I have signed this document of my own free act.  I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE AND INDEMNITY BY READING IT BEFORE I SIGNED IT.
13. Buyer will be in Default if Buyer or Student breach any of the terms or conditions of this Agreement, or if Buyer fails to pay any installment within ten (10) days after the date when such installment is due. If a default occurs, membership privileges may be denied.  Acceptance of any payment after default will not release Buyer from any obligation under this Agreement. In the event of a default, the Seller may declare all remaining unpaid installments of the Membership Price, including any applicable late fees and cancellation fee, hereby immediately due and payable, without notice or demand.
14. This Agreement may be assigned by SELLER ONLY and, if so assigned, the words, “Seller” will also mean the company to which this Agreement is assigned or transferred. If this Agreement is assigned, the Assignee shall have and be entitled to exercise any and all rights and powers of Seller hereunder, but (notwithstanding anything in this Agreement to the contrary) Assignee shall not be chargeable with any obligations or liabilities of Seller hereunder, or with respect thereto.  In the event of assignment, Seller reserves its rights to assert any defenses it has or may have under this Agreement or with respect thereto.  Neither Buyer nor Student may sell, assign, or transfer this Agreement of membership and any such attempted sale, assignment or transfer shall be null and void.
15. A $25.00 fee, or the maximum amount permitted by law (including costs and expenses incurred by Seller in connection with the collection of any returned check or other item), will be charged for any returned check including, but not limited to, for non-sufficient funds (NSF). If you have authorized payment by either EFT or Credit Card, your account will automatically be charged that fee during the next debit cycle, plus any appropriate late charges and fees.
16. If Seller retains an attorney to collect what you owe under this Agreement, you shall be responsible for the payment of Seller’s attorney’s fees, court costs and any other costs incurred.
17. Buyer shall not be relieved of obligations to make payments of the Membership Price herein agreed to, and no deduction or allowance from any of said payments shall be made, by reason of the absence or withdrawal of Student from instructional classes or self-guided training, or by reason of Student’s failure to attend or use the membership, except as set forth in paragraphs 24 to 27 below.
18. Any of the rights granted to Student herein to use the Facility and equipment shall not be understood to mean that Seller guarantees to maintain any particular location or all its existing facilities. Classes and equipment are available subject to demand and may be crowded at peak hours, or may be discontinued, if demand fluctuates, at Seller’s discretion.
19. Buyer and Student warrant, represent and agree that Student is in good physical condition and that s/he has no disability, impairment or ailment preventing him / her from engaging in active or passive exercise, or that will be detrimental or inimical to his /her health, safety, comfort, or physical condition or that of others. Buyer represents that Student will not use the Facility with any open cuts, abrasions, open sores, infections, maladies with the potential of harm to others, or otherwise in accordance with public health requirements. The management of each Facility shall have the final determination in this regard.
20. This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, understandings and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein, are hereby waived. This Agreement may not be enlarged, modified or altered except in writing, signed by both parties. However, Seller or Seller’s assignee of this Agreement, is hereby authorized to correct patent errors in this Agreement. No oral changes are binding.
21. This Agreement is governed by the laws of the state of Florida. If a legal dispute arises between the parties, the Florida state court located in Orange County, Florida, shall have sole jurisdiction.
22. If any part of this Agreement is held invalid, the invalidity shall not affect the remaining provisions hereof.
23. The Seller can delay or refrain from enforcing any of its rights under this Agreement without losing the right to enforce its rights at any time in the future. For example, the Seller can extend the Due Date for Buyer to make any payment or payments, without extending the Due Date for other payments, or waiving any of the other provisions of this Agreement.

24. CONSUMER'S RIGHT OF CANCELLATION (Notice Required by Rule 2-18.0002, F.A.C.):

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER.

YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A DOCTOR'S ORDER YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER, OBSTACLE NINJA ACADEMY, MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED.

25. As outlined in above, under Florida law, this agreement may be cancelled for any reason without penalty or further obligation within three (3) business days from the date of this Agreement. Cancellation shall be in writing and e-mailed (info@obstacleninjaacademy.com) or brought to the physical location of the training facility. All money paid by you shall be refunded by the school within 30 days of receipt of this notice of cancellation. However, the school may retain expenses incurred and the portion of the total price representing the services used.
26. If by reason of death or permanent disability the individual Student is unable to complete the training program, s/he and his/her estate shall be relieved from the obligation of making payment for training of that individual Student’s portion of the Membership Price.
27. If Student becomes deceased, you shall be relieved of further obligation under this Agreement, not then due and owing.
28. This Agreement may be signed electronically, pursuant to Fla.Stat.s.668.50, and such signatures shall be legally binding with the same force and legal affect as wet signatures.
29. THIS CONTRACT OR NOTE IS FOR FUTURE CONSUMER SERVICES AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER'S RIGHT TO CANCEL UNDER CHAPTER 2-18, FLORIDA ADMINISTRATIVE CODE.

NOTICE

Seller is an independently owned and operated facility. This Agreement may be cancelled for any reason without penalty or further obligation within three (3) business days from the date of this agreement.  By signing below, you acknowledge and accept that you have read and understand the terms stated in this Agreement, including the  “Consumer Rights and Privileges”   set forth in paragraphs 24 through 27, above, regarding your only cancellation rights.  Your signature and initials below and any other place on this agreement also acknowledge your understanding and acceptance of the terms and conditions of this agreement. You further acknowledge that electronic signatures and initials are hereby original.

Buyer:           

Signature:  ___________________________________         Date: {sign_date}

Electronic Copy of Agreement: By checking this box, Buyer is electing to waive his/her right to receive a paper copy of this Agreement. Instead, Buyer will receive a complete and full electronic copy of the Agreement, showing the date and time of the transaction, and containing Seller’s name and address, emailed to the email address Buyer disclosed herein, above.