Terms and Conditions - Gracie Barra Montreal Jiu-Jitsu

Terms and Conditions

This Agreement (the “Agreement”), is entered into by and between Club Gracie Barra Montreal, 7212119 Canada Inc. 3975 Notre Dame Ouest, H4C-1R2 Montreal, QC. CA hereinafter known as the First Party;

AND

the Customer, hereinafter known as the
Second Party.

WHEREAS, the First Party hereby agrees to be engaged by the Second Party for imparting participate in any way in the Martial Arts Program at Club Gracie Barra Montreal; and

WHEREAS, the Second Party hereby agrees to participate in any way in the Martial Arts Program at Club Gracie Barra Montreal as per the terms and conditions specified by the First Party.

NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties to this Agreement, the Second Party and the First Party (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

NATURE AND SCOPE OF

That the First Party is a global organization that teaches Brazilian Jiu-Jitsu, it aims at fulfilling Master Carlos Gracie Jr’s vision of bringing the benefits of martial arts and self-defense to everyone.

OBLIGATIONS OF THE SECOND PARTY.
- That the Second Party acknowledges and agrees to be charged monthly through the program until written notice is received for cancellation. The Frist Party reserves the right to alter the monthly fees from time to time.
- The Second Party agrees to make payment irrespective of attendance or non-attendance of classes and shall never claim any refund on the basis of non-attendance of the classes.
- In the event Second Party desires to suspend payments, it agrees to give written notice detailing the period of suspension of payment. However, the acceptance of such notice shall be at the discretion of the First Party.
- The Second Party acknowledges and agrees that participation in Martial Arts Program and use of any equipment or service or training areas, are at his/her own risk.
- The Second Party releases the First Party, its employees and any other authorized person/agent, from any liability with respect to any claim whatsoever resulting from participating in the Martial Art program.
- The Second Party agrees to strictly follow the rules and procedures of laid by First Party. Knowing fully that its failure to adhere to the rules and regulations shall attract cancellation of the agreement with consequential penalty.
- The Second Party agrees allow the First Party an absolute right to alter the days, hours of operation of classes as deemed fit by the First Party.
- Second Party agrees to waive any rights pertaining to membership card and allows it as exclusive property of First Party.
- The Second Party acknowledges and agrees to inspect all the facilities and equipment to be used while participating in the program. In the event the Second Party perceives any service or equipment as unsafe, it shall inform the officials accordingly and refuse to participate in the program.
TERMINATION
- The Second Party may terminate the contract by sending the notice in the form provided in Sections 190 of the Consumer Protection Act or Written notice in any other format to the First Party. Such notice shall terminate the contract immediately subject to the following conditions:
  - In the event Second Party terminates the contract before the First Party has begun its operations regarding Program, the termination shall without any cost or penalty to the Second Party.
  - In the event Second Party terminates the contract after the First Party has begun the operations, the Second Party shall be charged as under:
    - the price of the services rendered, computed on the basis of the hourly, daily or weekly rates stipulated in the contract, AND
    - as a penalty, the lesser of the following sums: $50 and a sum representing not more than 10% of the price of the services that were not rendered.
  - The First Party, on receiving the notice form the Second Party shall immediately terminate the contact and refund the money owed to Second Party, if any, within 10 days of the termination of the contract. However, the Second Party shall have right to peruse its grievance if any, as per the provisions, under Sections 189 to 196 of the Consumer Protection Act.
- WAIVER, INDEMNITY AND RELEASE OF LIABILITY
  - The Second Party understand and acknowledges:
    - There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
    - The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
    - These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, whosoever.
    - There may be other risks not known to us or are not reasonably foreseeable at his time.
  - Second Party accepts all such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, even when it flows form inaction or action of the First Party.
  - Second Party releases and discharges the First Party and waves its right to sue the First Party including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, personal representatives, assigns, executors, heirs and next to kin from all liability for all claims, demands, losses or damages and any claims or demands therefore on account of any in-jury, including but not limited to the death of the participant or damage to property, arising out of or relating to the event(s) caused or alleged to be caused in whole or in part by the negligence of the First Party or otherwise.
  - Second Party acknowledges and agrees that the activities of the event(s) are very dangerous and involve the risk of serious injury and/or death and/or property damage. each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the First Party.
  - Second Party further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
  - In the event, ignoring the above stated waiver, indemnity and release of liability the Second Party makes it claim against any of the releases, it shall reimburse the First Party for any money which has been paid by it or in its behalf and hold it harmless.
  - Second Party hereby acknowledges that there is a security surveillance system in operation in the public area of the Club and not in areas that can be deemed an invasion of privacy, which implicitly allows the recording of my/our participation in the Jiu-jitsu classes.
  - Second Party hereby consents and agrees that the Club may use my/our photos or excerpts taken from the video system for purposes of publicity. It is further expressively agreed that this release and waiver is intended to be as broad and inclusive as submitted by the laws of the Province of Quebec and it is hereby further agreed that the effects of this release and waiver shall continue to operate after the termination of the contract of membership which exist between the parties hereto.
  - THAT it is expressly agreed between the parties hereto that this AGREEMENT and all documents relative thereto, shall be drawn up in the English language; il est expressément entendu entre les parties que cette convention et les documents accessoires soient rédigés en anglais seulement; I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UN-CONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
- MISCELLANEOUS
  - No Waiver. That the failure of any party to insist upon the strict observance and performance of the terms of this Agreement shall not be deemed a waiver of other obligations hereunder, nor shall it be considered a future or continuing waiver of the same terms.
  - That the headings or titles preceding the text of the Sections and Subsections are inserted solely for convenience of reference, and shall not constitute a part of this Agreement, nor shall they affect the meaning, construction or effect of this Agreement. Both parties have participated in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, the this version of this Agreement shall prevail and this Agreement shall be construed as if drafted by both of the parties and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of the authorship of any of the provisions of this Agreement.
  - Notices. That any notice required or permitted by this Agreement shall be in writing and shall be delivered as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or such other address as either party may specify in writing.
  - Entire Agreement. This agreement need not bear the signatures of the First Party to bind the Second Party to the terms of this Agreement. That this Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement shall govern all operations undertaken by partnership entity. This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, proposals, negotiations, representations or warranties of any kind, whether oral or written. No oral or written representation that is not expressly contained in the Agreement is binding on either party
  - Severability. That should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
  - Governing Law. (a). Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Québec. Therefore, it agreed that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Montreal. This Agreement shall be governed by the internal substantive laws of the province of Québec, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Parties agree to submit to the personal jurisdiction of a competent court located in, Québec or the Canada District Court, for any actions for which they retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
    
    (b). Arbitration. For any dispute between us (parties), it is agreed that attempt shall be made to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. The failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. SECOND PARTY AGREES THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.