Alliance Jiu Jitsu Encinitas Membership Terms, Assumption of Risk, Waiver and Release of Liability
Alliance Jiu Jitsu Encinitas is operated by Axis Line LLC and is located at 206 N El Camino Real, Encinitas, CA 92024. Axis Line LLC and Alliance Jiu Jitsu Encinitas are collectively referred to in this Agreement as the “Academy.”
Membership Selection and Terms
The Member agrees to the membership selected during enrollment through Gymdesk. The membership name, enrollment fee, included merchandise or benefits, pre-opening payment if applicable, recurring rate, billing frequency, commencement date, initial or minimum term, and cancellation terms are stated in the Membership Summary displayed and accepted during enrollment.
The Membership Summary and payment schedule are incorporated into and form part of this Agreement. If there is a conflict concerning the Member’s selected membership, price, benefits, billing schedule or membership term, the Membership Summary accepted by the Member will control.
Membership is personal to the enrolled participant and may not be transferred, assigned or shared without the Academy’s written approval.
The Academy may make reasonable changes to instructors, class schedules, class types, programs, training requirements and equipment. Temporary closures may occur because of holidays, competitions, maintenance, repairs, emergencies, public-health concerns or circumstances beyond the Academy’s reasonable control.
Payments and Continuous Membership
The Member authorizes the Academy, Gymdesk and the Academy’s payment processor to charge the payment method provided during enrollment according to the accepted Membership Summary and payment schedule.
The Member is responsible for maintaining a valid payment method. A declined payment, stopped payment or failure to attend does not automatically cancel the membership or eliminate valid amounts already due.
Founding or promotional pricing is available only while the membership remains continuously active and the account remains in good standing. If the membership is cancelled or terminated, the Member forfeits that pricing. Any future reenrollment will be subject to then-current availability, pricing, enrollment fees and terms.
Cancellation requests should be emailed to hello@allianceencinitas.com with the subject line “CANCELLATION – Member Name.” The cancellation notice period applicable to the Member is stated in the Membership Summary.
Pre-Opening Memberships
A Member enrolling before the Encinitas academy opens is enrolling specifically at Alliance Jiu Jitsu Encinitas.
Any temporary training access at a Carlsbad or San Diego affiliate is a pre-opening benefit only. It does not establish a regular membership at that location and ends when Alliance Jiu Jitsu Encinitas opens.
When Alliance Jiu Jitsu Encinitas opens, the pre-opening payment will end and the Member’s selected Encinitas membership will begin automatically under the pricing and terms stated in the Membership Summary.
The agreed Encinitas services will begin no later than six months after the Member accepts this Agreement. The Member retains all pre-opening cancellation and refund rights provided by California law.
Academy Rules and Member Conduct
The Member agrees to:
• Follow all safety instructions and reasonable directions from instructors and staff.
• Immediately release any submission or hold when a training partner taps, verbally submits, signals distress or when instructed to stop.
• Train with reasonable control and consideration for differences in age, size, rank, health and experience.
• Refrain from intentionally injuring, bullying, threatening, harassing or discriminating against another person.
• Maintain appropriate personal hygiene, clean training attire and trimmed fingernails and toenails.
• Refrain from training while experiencing a contagious illness, fever, vomiting, diarrhea, uncovered wound or suspected contagious skin condition.
• Wear required protective equipment and Academy-approved attire.
• Refrain from participating while impaired by alcohol, illegal drugs or another substance that makes participation unsafe.
• Use techniques learned at the Academy responsibly and only during training, sanctioned competition or lawful self-defense.
• Treat instructors, staff, students, visitors and neighboring businesses respectfully.
The Academy may remove a person from class, restrict participation, suspend privileges or terminate membership for unsafe, abusive, unlawful or seriously disruptive behavior.
Health and Fitness to Participate
The Member understands that Brazilian Jiu Jitsu and related martial-arts and conditioning activities are physically demanding.
The Member represents that the Member or minor participant is physically and mentally capable of participating safely, except for any condition disclosed to the Academy.
The Member agrees to disclose any injury, illness, pregnancy, physical limitation, medication effect or medical condition that could affect safe participation. The Member is responsible for obtaining medical advice or clearance before participating when appropriate.
The Academy and its instructors are not medical providers, do not diagnose medical conditions and do not guarantee that participation is medically appropriate.
The Member must stop participating and notify an instructor if the Member experiences pain, dizziness, shortness of breath, loss of consciousness, unusual weakness or another concerning symptom.
Instruction, supervision, safety rules and protective equipment may reduce, but cannot eliminate, the possibility of injury, illness, permanent disability or death.
Acknowledgment of Activities and Risks
The Member understands that Brazilian Jiu Jitsu, grappling, wrestling, martial arts, self-defense training, strength and conditioning, drills, sparring, competition and open-mat participation involve close physical contact and significant risks.
Activities may include takedowns, throws, trips, falls, ground grappling, positional control, joint locks, submission holds, chokeholds or strangles, sweeps, pins, escapes, body-weight pressure, live sparring or “rolling,” conditioning exercises and contact with instructors, students, guests, mats, walls and equipment.
Known and potential risks include:
• Bruises, abrasions, cuts and mat burns.
• Sprains, strains, dislocations and fractures.
• Dental, facial, eye, ear, head, neck, back and spinal injuries.
• Concussion, loss of consciousness and neurological injury.
• Joint, ligament, tendon and muscle injuries.
• Restricted breathing or blood flow.
• Cardiovascular events.
• Skin infections and other communicable illnesses.
• Emotional distress.
• Permanent disability, paralysis or death.
• Injury caused by accidental contact, improper technique, premises conditions, equipment, instruction, supervision or the acts or omissions of other participants.
• Risks that are presently unknown or not reasonably foreseeable.
The Member knowingly and voluntarily chooses to participate despite these risks.
Assumption of Risk
To the fullest extent permitted by California law, the Member knowingly and voluntarily assumes all inherent and reasonably foreseeable risks arising from:
• Participation in Academy activities.
• Use of Academy facilities, mats and equipment.
• Presence on Academy premises.
• Contact with instructors, staff, training partners and other participants.
• Competitions, seminars, open mats and special events.
• Authorized temporary participation at an affiliate academy.
This assumption of risk applies whether the Member participates as a student, visitor, guest, competitor, volunteer or observer.
Waiver and Release of Liability
Please read carefully. This section affects legal rights.
To the fullest extent permitted by California law, the Member, and the parent or legal guardian when applicable, releases and agrees not to sue:
• Axis Line LLC.
• Alliance Jiu Jitsu Encinitas.
• Their owners, members, officers, employees, instructors, contractors, volunteers, representatives and agents.
• The owners and managers of the premises.
• Participating affiliate academies providing authorized training access.
These persons and entities are collectively referred to as the “Released Parties.”
This release applies to claims for bodily injury, illness, infection, disability, death, emotional distress, property loss or other damage arising from participation in Academy activities, use of facilities or equipment, presence on the premises, or authorized participation at an affiliate academy.
This release expressly includes claims arising from the ordinary negligence of one or more Released Parties, including ordinary negligence involving instruction, supervision, premises conditions, equipment, class organization, emergency response or the acts or omissions of other participants.
This Agreement does not release claims based upon gross negligence, reckless misconduct, intentional misconduct, fraud, violation of law or liability that cannot lawfully be released.
Responsibility for the Member’s Conduct
The Member is responsible for injury, damage or loss caused by the Member’s intentional, reckless or unlawful conduct or material violation of Academy safety rules.
To the extent permitted by law, the Member agrees to reimburse the Academy for reasonable losses or expenses arising directly from such conduct.
This provision does not require the Member to reimburse a Released Party for that party’s own negligence or conduct that cannot legally be indemnified.
Physical Contact
The Member understands that physical contact is an essential part of Brazilian Jiu Jitsu and martial-arts instruction.
Physical contact may be made by instructors, staff, training partners and other authorized participants to demonstrate techniques, correct positioning, provide assistance, supervise safety and participate in drills or sparring.
The Member consents to customary and reasonably necessary physical contact associated with instruction and participation. This consent does not authorize inappropriate, abusive or unlawful contact.
Emergency Medical Authorization
If the Member or minor participant becomes ill or injured and an emergency contact cannot reasonably be reached, the Member or parent/legal guardian authorizes the Academy to provide reasonable first aid, contact emergency medical services, arrange transportation to a medical facility, and provide relevant medical and emergency-contact information to emergency personnel.
The Member or parent/legal guardian is financially responsible for medical treatment, ambulance transportation and related expenses, except to the extent another party is legally responsible.
Communicable Illness and Skin Conditions
The Member understands that close-contact training may expose participants to communicable illnesses and skin conditions.
The Member agrees not to participate while experiencing symptoms of a potentially contagious condition or while having an uncovered wound. The Member agrees to follow reasonable sanitation, exclusion and return-to-training requirements established by the Academy.
The Academy may temporarily exclude a Member when staff reasonably believe participation could create a health or safety risk. This is a safety measure and not a medical diagnosis.
Personal Property
The Academy is not responsible for lost, stolen or damaged personal property except to the extent caused by conduct for which liability cannot lawfully be excluded.
Minor Participants
If the participant is under 18, the person accepting this Agreement represents that the person is the participant’s parent or legal guardian and has authority to enter into this Agreement.
The parent or legal guardian gives permission for the minor to participate, acknowledges the activities and risks described in this Agreement, accepts the applicable membership and payment terms, provides the emergency medical authorization stated above, and agrees individually to the waiver and release of the parent’s or guardian’s own claims to the fullest extent permitted by law.
The provisions intended to apply to the minor will apply to the fullest extent permitted by California law. Nothing in this Agreement is intended to waive a minor’s rights when those rights cannot legally be waived by a parent or guardian.
Cancellation for Death, Disability or Relocation
The Member or the Member’s representative may cancel the membership when cancellation is authorized by California law because of the Member’s death, qualifying disability or qualifying relocation. Any required prorated refund will be issued in accordance with applicable law.
Electronic Agreement
The Member agrees that electronic acceptance and signature have the same force and effect as a handwritten signature.
The Member consents to receiving this Agreement, the Membership Summary, payment receipts and membership notices electronically at the email address provided.
Governing Law and Severability
This Agreement is governed by California law.
If any provision is found invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
Nothing in this Agreement waives any consumer or participant right that cannot legally be waived.
Entire Agreement
This Agreement, the accepted Membership Summary and payment schedule constitute the agreement between the Member and the Academy.
No verbal promise or representation changes this Agreement unless confirmed in writing by an authorized representative of the Academy.
If a conflict exists between this Agreement and a nonwaivable requirement of applicable law, applicable law will control.
Important California Cancellation Notice
You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays.
To cancel this agreement, mail, email or deliver a signed and dated notice stating that you are cancelling this agreement, or words of similar effect.
The notice may be sent by first-class mail, emailed from an email address on file with the Academy, or delivered in person to:
Axis Line LLC
dba Alliance Jiu Jitsu Encinitas
206 N El Camino Real
Encinitas, CA 92024
hello@allianceencinitas.com
The requested email subject line is “CANCELLATION – Member Name.” A notice will not be rejected solely because that subject line was not used if the communication otherwise clearly states the Member’s intent to cancel.
If the Member pays money toward the Encinitas facility before it opens, the Member may also cancel and receive the refund required by California law at any time before midnight of the fifth business day after the facility opens.
If a fixed-term membership requires total payments, including enrollment or initial membership fees, of $1,500 through $2,000, the Member has 20 days after entering the Agreement to cancel.
If a fixed-term membership requires total payments of $2,001 through $2,500, the Member has 30 days after entering the Agreement to cancel.
If a fixed-term membership requires total payments of $2,501 or more, the Member has 45 days after entering the Agreement to cancel.
Final Acknowledgment
By accepting and signing this Agreement, the Member acknowledges that:
• The membership price, enrollment fee, included benefits, billing schedule, initial or minimum term and cancellation terms are stated in the Membership Summary accepted during enrollment.
• The Member has read and agrees to this Agreement and the Membership Summary.
• The Member understands the nature and risks of Brazilian Jiu Jitsu and related activities.
• The Member voluntarily assumes the inherent and reasonably foreseeable risks of participation.
• The Member understands that the release expressly includes claims based on ordinary negligence.
• The Member has had the opportunity to ask questions before accepting the Agreement.
• The Member is accepting the Agreement voluntarily.
Alliance Jiu Jitsu Encinitas