TORUS BJJ INC.
LIABILITY WAIVER, RELEASE, AND MEMBERSHIP AGREEMENT
333 Townline Road E, Carleton Place, ON K7C 3S2 | Registered Office: 338 Lake Park Road, Carleton Place, ON K7C 0C4
I. ENTITY AND AFFILIATION
This Agreement is entered into between the undersigned applicant (“I,” “me,” or “Applicant”) and TORUS BJJ INC. (“TORUS BJJ”), operating its training facility at 333 Townline Road E, Carleton Place, Ontario, and registered at 338 Lake Park Road, Carleton Place, ON K7C 0C4.
TORUS BJJ is an affiliate academy of OAMA. Curriculum, instruction, belt promotion standards, and certain events may be provided under this affiliation. Except where the context requires otherwise, references in this Agreement to TORUS BJJ include OAMA and its instructors, representatives, staff, and any OAMA-sanctioned events attended by TORUS BJJ members.
II. HEALTH ISSUES
MARTIAL ARTS TRAINING INVOLVES A HIGH AND INTENSE LEVEL OF PHYSICAL ACTIVITY. I SHOULD CHECK WITH MY DOCTOR BEFORE STARTING CLASSES TO ENSURE I DO NOT HAVE ANY HEALTH PROBLEMS OR CONDITIONS THAT MAY MAKE TRAINING UNSAFE FOR ME. IF, DURING ANY CLASS, I EXPERIENCE ANY PHYSICAL PROBLEM, INCLUDING DIZZINESS OR SHORTNESS OF BREATH, I WILL IMMEDIATELY STOP PARTICIPATING AND SEEK APPROPRIATE MEDICAL ATTENTION.
I WILL LIST, ON MY APPLICATION, ANY EXISTING HEALTH CONDITIONS OR INJURIES THAT WILL AFFECT MY PARTICIPATION IN CLASSES.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT I AM IN THE PROPER PHYSICAL CONDITION TO PARTICIPATE IN MARTIAL ARTS CLASSES, AND THAT I HAVE INSPECTED TORUS BJJ’S FACILITIES AND AGREE THAT THEY ARE SUITABLE AND SAFE FOR MARTIAL ARTS CLASSES.
III. TERMS OF MEMBERSHIP
During the term of my membership, I agree to comply with the rules established from time to time by TORUS BJJ and its instructors to ensure that classes are orderly, safe, and fun for everyone. I understand that failure to follow the rules and directions of my instructors could disrupt class and result in serious injury to other participants. I agree that any instructor or member of TORUS BJJ staff has the right, at any time and in their sole discretion, to immediately terminate my membership without refund of pre-paid membership fees.
No Contract. TORUS BJJ memberships are month-to-month with no fixed term or long-term contract.
Cancellation. I may cancel my membership at any time by providing TORUS BJJ at least two (2) weeks’ written notice, submitted through the GymDesk platform or by email to TORUS BJJ. Verbal cancellations — including those given in person or by phone — will not be accepted or actioned. Membership fees and billing will continue until valid written notice is received and the notice period has elapsed.
Membership Hold. I may place my membership on hold for a minimum of one (1) month and a maximum of two (2) months per hold request, for a fee of $25/month. Holds are capped at a maximum of four (4) months total per calendar year.
Class Check-In & No-Show Fee. I will check in online before each class. Classes have limited capacity; when a class is full and has a waitlist, priority is given to those checked in. If I sign up for a class that is full and has a waitlist, and I fail to cancel with at least two (2) hours’ notice, I may be charged a $10 fee. TORUS BJJ will provide advance notice before applying this policy to any class.
Payment Authorization. I authorize TORUS BJJ to charge my payment method on file, processed through Stripe via the GymDesk platform, for membership fees, holds, applicable no-show fees, and other charges I incur in accordance with this Agreement.
IV. MINOR PARTICIPANTS — PARENT/GUARDIAN RESPONSIBILITY
If the Applicant is a minor, the parent or legal guardian signing below is responsible for the minor’s drop-off, supervision before and after class, and pick-up. Except where TORUS BJJ offers a designated inside pick-up/drop-off service, TORUS BJJ is not responsible for supervising a minor participant outside of scheduled class time.
Minors should not be dropped off more than five (5) minutes before their class is scheduled to begin, and only at a time when an instructor is present and available to supervise. TORUS BJJ is not liable for any injury, loss, or incident involving a minor that occurs before an instructor is present, or after class has ended and the minor has not yet been picked up.
V. WAIVER — PERSONAL INJURY
I am waiving the right to bring a lawsuit, to recover compensation, or to obtain any other remedy for any injury, death, damage, loss of property, or accident of any kind arising out of my martial arts classes with TORUS BJJ.
VI. WAIVER — DEMONSTRATIONS, TRAVEL & AFFILIATE EVENTS
As a member of TORUS BJJ, I understand I may have the opportunity to travel to competitions, seminars, or OAMA-affiliated events, or otherwise demonstrate my martial arts skill outside TORUS BJJ premises. My waiver in Paragraph V above also includes any injury, death, or other loss that may occur during any trip or event outside TORUS BJJ premises, including but not limited to travel to and from such events, and any injury suffered during non-martial-arts activities connected with such trips or events.
VII. WAIVER — PHOTO/VIDEO/RECORDING RELEASE
I give permission for the use, publication, and other display, including advertisements, of photos, video, and other recordings taken of me while I am a member of TORUS BJJ. I understand that I will not be compensated in any way for any photo, video, or other recording used, published, or displayed by TORUS BJJ or others.
VIII. WAIVER — RELEASE AND INDEMNITY
I release, indemnify, and hold harmless TORUS BJJ INC., including its agents, owners, officers, directors, shareholders, volunteers, employees, chaperones, OAMA, and all other persons or entities acting in any capacity on behalf of TORUS BJJ, from any cause of action, claim, or demand whatsoever, however caused, including, without limitation, any claims connected with: (i) my participation in martial arts classes; (ii) my use of TORUS BJJ facilities; and (iii) use of photographs, videos, or other recordings taken of me, including any such claims alleging negligent acts or omissions by any of the persons listed in this paragraph. This waiver, indemnity, and release is binding upon my heirs, assigns, personal representatives, and estate.
IX. WAIVER — COMMUNICABLE ILLNESS & ASSUMPTION OF RISK
I understand that martial arts training involves close physical contact with other participants, and that this contact carries an inherent risk of exposure to and transmission of communicable illnesses, including but not limited to colds, flu, and other contagious conditions. I acknowledge that TORUS BJJ takes reasonable measures to maintain a clean and sanitary training environment, but that no measures can eliminate this risk entirely. I knowingly and voluntarily assume this risk as part of my participation, and confirm that I will not attend class while experiencing symptoms of a contagious illness.
X. WAIVER — PRIVACY — COLLECTION OF PERSONAL INFORMATION
TORUS BJJ collects the personal information listed in this Agreement for the following purposes: (i) to contact applicants regarding TORUS BJJ and related activities; (ii) to collect payment of membership fees, including release of information to Stripe and the GymDesk platform, which process membership fee payments on TORUS BJJ’s behalf; and (iii) to help prevent injury to applicants by being aware of any health conditions that could affect their participation. By signing this Agreement, I agree to allow TORUS BJJ to collect, use, and disclose my personal information for these purposes.
XI. CODE OF CONDUCT
As part of registration, I have separately reviewed and acknowledged TORUS BJJ’s Code of Conduct, available at torusbjj.com/code-of-conduct, and agree to abide by it as a condition of membership.
APPLICANTS 18 AND OLDER
By signing this Agreement, I confirm that I have had sufficient opportunity to read, and have read, this entire document; that I am eighteen (18) years of age or older; and that I understand and agree to be bound by its terms. I acknowledge and agree that Paragraphs V, VI, VIII, and IX have been specifically drawn to my attention, and I agree to their contents. I confirm I have received a copy of this Agreement.
PARENT/GUARDIAN OF APPLICANTS UNDER 18
In consideration of TORUS BJJ accepting this application, the waivers, releases, and indemnities in Paragraphs V, VI, VIII, and IX of this Agreement apply equally to me for any injury, death, or other loss to the Applicant, any member of my family, or myself, arising from the Applicant’s membership with TORUS BJJ. I further agree to pay membership fees in accordance with the terms above. By signing this Agreement, I, the undersigned parent or legal guardian, confirm that I am eighteen (18) years of age or older; that I have had sufficient opportunity to read, and have read, this entire document; and that I understand and agree to be bound by its terms on behalf of the minor Applicant, who is not required to meet this age threshold. I confirm I have received a copy of this Agreement.
SIGNATURES
This Agreement is signed electronically as part of online registration through TORUS BJJ’s GymDesk sign-up portal. My electronic signature below, together with my account name and the date recorded at the time of signing, constitutes my legal signature and acceptance of all terms of this Agreement, with the same effect as a handwritten signature.