TERMS AND CONDITIONS OF YOUR MONTHLY MEMBERSHIP AGREEMENT
After downloading the MyStudio membership app and purchasing your program, you indicated that you carefully read our online policy page detailed below.
At GriffinMMA Inc. our mandate is to provide you with a transparent business relationship and keep you informed while reducing our consumption of an unnecessary environmental footprint. Close to 99% of every transaction with GriffinMMA is now paperless.
Instead of physically signing an agreement, you are digitally signing and waiving certain legal rights, including the right to sue. Please read carefully.
Your agreement for services are between the undersigned and Red Griffin Martial Arts Studio Inc, hereinafter referred to as the “Studio”, and the undersigned, hereinafter referred to as the “Member”.
1. The “Studio” operates and maintains an establishment for the purpose of providing a qualified “Member”, the necessary facilities for progressive instruction, fitness, conditioning, and Martial Arts activities; and the “Member” desires to enroll as a member of the “Studio”, for the ability to be admitted to the same.
2. This agreement is legally binding and enforceable for as long as the “Member” is enrolled. The “Member” agrees that they will pay monthly dues for the privilege of having admittance to the facilities until the membership expires or is cancelled giving written notice of at least thirty (30) days. Each membership will revert to a month-to-month membership at the end of the term until cancelled with a written 30 days notice in accordance with Consumer Protection Act, 2002.
3. ADMITTANCE: All parties herein acknowledge and agree that regular class attendance is important for “Member” progress and understands that it is the “Member’s” responsibility to attend classes and that the undersigned is obligated to make payments whether or not the “Member” attends classes and that failure to complete the lessons is not a waiver of the obligation to pay membership fees in full.
4. The undersigned understands that membership fees are not affected by lesson schedules, holidays and/or attendance. The “Studio” does not contract to provide service or provide “Member” with continuous personal supervision in respect of the use of facilities. The “Studio” reserves the right to refuse admittance to any “Member” for any violation of the terms of this agreement, or for any reason deemed appropriate by the management. It’s obligatory that each “Member” sign in by way of presenting an active attendance card.
5. PAYMENT DEFAULT: The “Member” understands and agrees that memberships will be cancelled within 10 days for any default in payments owed to the “Studio”.
6. The “Member” further agrees to pay all collection costs, including but not limited to, attorney fees, late charges, and litigation cost, in the event of any breach, including failure to make any required payment in a timely manner.
8. MEDICAL DECLARATION: The “Member” or his/her parent confirms that the “Member” does not suffer from any physical or mental disability which would prevent him/her from engaging in martial arts which would increase his/her risk of injury and hereby acknowledges that he/she is in good mental and physical health and physically able to participate in a stressful martial arts and/or exercise program.
9. The “Member” undertakes all recommended programs, treatment and exercise by the “Studio” on a voluntary basis and at his/her own risk. The “Studio” will make no evaluation whether the “Member” or his/her guest is sufficiently fit for any exercise activities.
10. DISCONTINUATION: In the event that the “Member” wishes to cancel his/her membership after the ten days instant cancellation period he/she shall give thirty (30) days written notice of any form of cancellation of this agreement to the “Studio” provided that a date "sent" and "received" is clearly indicated.
11. Upon receipt of the said written notice, the “Member” agrees that any dues which are in arrears need to be paid in full before the completion of cancellation.
12. The “Member” further agrees that failure on his/her part to take advantage of the privileges of membership shall not relieve the “Member” from liability for any dues owing. The dues will continue automatically on a month to month basis until written cancellation is received.
13. NON-COMPETE AND NON-SOLICITATION: For so long as the “Member” trains with or works for the “Studio” and for a period of twelve (12) months after termination, for any reason, the “Member” shall not directly or indirectly solicit business from student(s), clients and prospective clients of the “Studio” nor shall said “Member” engage in any capacity in any enterprise conducting business activities that are the same as or similar to the “Studio” within the non-compete geographic area of the city limits of any current and future business and/or affiliated Studios of the “Studio” or a 10 kilometre radius, whichever is larger.
14. The “Member” will not in any way, directly or indirectly induce or attempt to induce any instructor or contractor of the “Studio” to quit employment or retainer with the “Studio” or otherwise interfere with or disrupt the “Studio’s” relationship with its students and/or instructors.
15. The “Member” hereby recognizes that irreparable damage will result to the “Studio” in the event of breach of any of the covenants and assurances contained in the Non-Compete and Non-Solicitation clause above. The Bar on soliciting business from clients, customers, and prospective clients and customers applies to individuals and entities who were clients or prospective clients at any time during the non-compete period.
16. Survival of Non-Compete Clause: Should either party lawfully terminate this agreement, the Non-Compete clause hereof shall survive any such termination and remain in full force and effect until the expiration of their legal enforceability.
WAIVER AND RELEASE:
1. the “Member” permits the “Studio” to use, reproduce, and/or publish photographs and/or video that may pertain to him/her, including image, likeness and/or voice without compensation. The “Member” understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on the the “Studio”s or project sponsor’s Internet web page. 2. The “Member” is intending to be legally bound hereby and as a condition of participation at the “Studio”, expressly agrees to hold harmless and forever release, waive, and discharge the “Studio”, together with its owners, operators, directors, agents, sponsors, instructors, employees, independent contractors, volunteers and members from any act committed or omitted by him/her, from any and all claims, suits, complaints, liabilities, obligations, demands, actions, or causes of any action whatsoever, that he/she or his/her administrators, executors, heirs, next of kin, or assigns may at any and all times hereafter have or obtain, due to or as a result of, any personal injury, bodily harm or death sustained or suffered by him/her during, or damage to person or property arising out of, or as a result of any “Studio”, physical or athletic activity, physical instruction or sport conducted or carried on by or for the “Studio”, whether by itself or with others or in or occurring while he/she is on any premises or property occupied or used by the “Studio” or at any “Studio” event, whether caused by active or passive negligence, fault, failure or otherwise.
1. The “Studio” offers Group Martial Arts classes with 3 levels of memberships: Once-a-Week, Twice-a-Week and Unlimited Memberships. 2. Depending on the membership selected, the “Member” has the right to
a) Little Griffins classes lasting 30 minutes each with an average instructor ratio of at least 1:10 b) Junior classes lasting 55 minutes each with an average instructor ratio of at least 1:15 c) Teen/Adult classes lasting 60 minutes or longer each with an average instructor ratio of at least 1:25. 3. All classes are offered on an average at least two or three times per week. 4. All classes are conducted by a Red Griffin Martial Arts Studio qualified Senior Instructor or Junior Instructor. 5. The “Studio” may be closed for weekends with statutory holidays as well as for some periods during the Summer and Winter Studio holidays lasting no more than 2 weeks at the time.
We will issue refunds on the unused portion of the membership up to 10 Days after the execution of the agreement.
CURRENCY: All funds listed are in Canadian Currency.
Photos and Videos of class
1. Parents, Athletes and Guests, please do not take photos or video of students during class without the express written consent of the studio. If your child is receiving a promotion, you will be invited on the floor so that you can take a photo or video of your child.
Posting of Photos or Video to Social Media
2. Please make sure your posts are of your child only. You may not post photos or videos that include instructors, athletes, parents, siblings or guests of the studio without their express written consent. Use of Cell Phones or Tablets in the Studio
3. Please respect others around you, phones and tablets should be set to silent. Please respect others around you and either limit yourself to text or email. Please take all phone calls outside.
4. Red Griffin Martial Arts Studio Inc implements the use of security cameras in the lobby and the main training area. Cameras can record motion and sound and are in use 24 hours a day.
Use of Video Restricted
5. The use of video, photo or recording devices is strictly prohibited in the changerooms or washroom area.
YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002
YOU MAY CANCEL THIS AGREEMENT AT ANY TIME DURING THE PERIOD THAT ENDS TEN (10) DAYS AFTER THE LATER OF THE DAY YOU RECEIVE A WRITTEN COPY OF THE AGREEMENT AND THE DAY ALL THE SERVICES ARE MADE AVAILABLE. YOU DO NOT NEED TO GIVE THE SUPPLIER A REASON FOR CANCELLATION DURING THIS 10-DAY PERIOD. IN ADDITION, THERE ARE GROUNDS THAT ALLOW YOU TO CANCEL THIS AGREEMENT. YOU MAY ALSO HAVE OTHER RIGHTS, DUTIES AND REMEDIES AT LAW. FOR MORE INFORMATION, YOU MAY CONTACT THE MINISTRY OF CONSUMER AND BUSINESS SERVICES. TO CANCEL THIS AGREEMENT, YOU MUST GIVE NOTICE OF CANCELLATION TO THE SUPPLIER, AT THE ADDRESS SET OUT IN THE AGREEMENT, BY MEANS THAT ALLOWS YOU TO PROVE THAT DATE ON WHICH YOU GAVE NOTICE. IF NO ADDRESS IS SET OUT IN THE AGREEMENT USE ANY ADDRESS OF THE SUPPLIER THAT IS ON RECORD WITH THE GOVERNMENT OF ONTARIO OR THE GOVERNMENT OF CANADA OR IS KNOWN TO YOU. IF YOU CANCEL THIS AGREEMENT, THE SUPPLIER HAS FIFTEEN (15) DAYS TO REFUND ANY PAYMENT YOU HAVE MADE.
Log Files As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our site, the time you visited our site and which pages you visited throughout our site.
We also use third party advertisements on www.redgriffinstudio.com and www.griffinmma.info to support our site. Some of these advertisers may use technology such as cookies when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes or showing certain ads based on specific sites visited
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.
Sharing We do not share personally identifiable information about our members or what they purchase with 3rd parties. We do not share or rent our email address lists. We do not rent, sell, or giveaway our customer list to anyone, ever. Your customer information or email address will be used only by www.redgriffinstudio.com and www.griffinmma.info and only with your permission.
Newsletters and Emails Our clients will have the option to signup for emails when they first sign their waivers. Once you have attended classes with us, we will be occasionally sending you receipts, reminders and newsletters to keep you up to date with what is happening at www.redgriffinstudio.com and www.griffinmma.info
All recipients of our Newsletter are given the opportunity to unsubscribe (opt-out) at any time. If you no longer want to receive emails from us, you can unsubscribe by clicking the unsubscribe link in the email you’ve received or by sending us an email at email@example.com with “Please Remove me from your Email list” in the subject line. Your name will be removed from our email newsletter list with 48 hours.