Terms and Conditions
Terms and Conditions of Membership
By participating in martial arts instruction and classes, services and/or using the facilities or equipment (each a “Service”) provided by GRACIE JIU-JITSU SINGAPORE PTE LTD (“GJJS”), its affiliates, officers, directors, managers, members, partners, employees and agents and their respective affiliates (each a “Relevant Person”), you agree that you have read, understood, accepted and agreed with the terms and conditions set forth in this Agreement.
Gym Relocation and Closure
GJJS reserves the right to open new gyms and/or relocate gyms by giving not less than thirty (30) days’ notice to members at the affected gym, and you agree to use the nearest or any alternative GJJS gym and shall not be entitled to terminate membership.
If GJJS closes your gym of enrolment permanently and there is not another GJJS gym within ten (10) kilometres of your gym of enrolment, this Agreement will terminate on the date of permanent closure. GJJS will refund any unused fees or dues. You are not entitled to a refund if there is another GJJS gym within ten (10) kilometres of your gym of enrolment.
Membership Termination
GJJS reserves the right to terminate your membership if you are in breach of this Agreement. No refund in respect of fees or dues will be paid in the event of such termination.
GJJS reserves the right at any time to suspend and/or terminate your membership in its sole and absolute discretion, including but not limited to your contravention and/or disobedience of gym rules and policies or the instructions and directions of any Relevant Person. If GJJS does so terminate your membership, it will refund any unused fees.
Assumption of Risk
You acknowledge that participation in martial arts instructional classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property.
You warrant and represent that you are in good condition and have no reason or impairment that might prevent you from your intended participation and/or use any Service or that might be detrimental to your health, safety, comfort or physical condition. You shall ensure that you are in a healthy and physically fit condition, and that you participate and/or use any Service(s) in a safe and careful manner.
If you have any health or medical concerns, you shall seek medical advice prior to participating in and/or using any Service. You shall disclose any such concerns to the attending instructor and/or coach prior to participating in and/or using any Service, whether or not specifically asked or prompted to do so.
Participation in and/or the use of any Service(s) inherently involves the risk of injury and/or illness to you or your guests(s). You understand and acknowledge that the Service(s) naturally involve close physical proximity to other persons, members and/or guests. The risks range from minor injuries to catastrophic injuries, including but not limited to, physical injury such as strains, sprains, bruises, fractures, joint injuries, concussion, or other serious bodily harm, death, illness and/or infectious diseases. You acknowledge that such risks cannot be eliminated without jeopardizing the essential qualities of the Service(s), and that you are assuming such risks voluntarily.
Insurance and Medical
You shall ensure that you have insurance as deemed appropriate and necessary to cover any injury or damage you might suffer as a result of participating and/or using any Service(s).
You confirm that neither GJJS nor any Relevant Person gave you any medical advice, and understand that GJJS cannot at any time give you any advice relating to your physical condition and/or ability to participate in and/or use any Service(s).
Limitation of Liability
You understand and voluntarily accept this risk and agree that GJJS, all Relevant Person(s) and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, illness or disease, economic loss, indirect, special, incidental or consequential damages or any other damage, to you, your guests or unborn child arising out of, or in connection with any Service(s).
In the event of injury or medical emergency, you authorise GJJS and/or any Relevant Person to seek emergency medical treatment on your behalf in their sole and absolute discretion, with all costs to be borne by you.
Indemnity
You agree to indemnify and hold harmless GJJS and all Relevant Person(s) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Relevant Person(s) for any injuries or claims; and/or (b) incurred by such Relevant Person(s) arising from any claim made against an Relevant Person(s) by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest(s).
Personal Belongings
You are solely responsible for the safekeeping of your belongings. The lockers will be cleared out by GJJS at the end of each day. All items found in the lockers will be disposed of by GJJS in any manner it deems fit in its sole and absolute discretion. In no event (including but not limited to loss, theft, or damage to your personal belongings) shall GJJS’s maximum liability exceed S$200.
Software
GJJS uses software to perform its obligations in respect of any contract entered with you, to provide you with the Service(s), to validate and/or process payments, and for internal administrative purposes, such as auditing, data analysis, database records (the “Software”). The Software is presently provided by GYMDESK (https://gymdesk.com) (“Software Provider”), with its terms of use and policies available at https://docs.gymdesk.com/en/help/docs/gymdesk-documentation-policies.
The Software is provided to you strictly on an “as is” basis. GJJS and all Relevant Person(s) makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Software.
You hereby expressly acknowledge and agree to be bound by any terms of use and policies of the Software and/or the Software Provider, and any future amendments and additions to these Terms of Use as published by them. Your continued use of the Software and/or any Service(s) after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised terms.
GJJS and all Relevant Person(s) do not represent or warrant that: the use of the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; errors or defects in the Software will be corrected; or the Software is free of viruses or other harmful components.
To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of the Software.
Privacy and Data Protection
You confirm that you have read and agree to the Privacy Policy which can be found at https://gjjsingapore.com/privacy-policy/.
Unless otherwise prohibited or limited by applicable law, you agree that should your personal data under the possession or control of GJJS be lost, leaked, exposed or compromised arising from the action(s) of a third party through no fault of GJJS, that you will not hold GJJS liable in any way whatsoever including for any losses or damages suffered by you, arising from such loss, leak, exposure or compromise of your personal data.
Photography and Media
You consent to being photographed, filmed, and otherwise recorded. You agree that GJJS may use, reproduce, and publish any media that includes your image, likeness, voice, or performance, whether in whole or in part, for promotional, marketing, archival, or educational purposes, without compensation or further approval from you.
The photographs, videos, and recordings may be used in various media, including but not limited to websites, social media platforms, brochures, advertising materials, and publications produced by or on behalf of GJJS and/or any Relevant Person. All rights to these images and recordings belong exclusively to GJJS.
Amendments
You may not amend the terms of this Agreement. GJJS may modify and/or change the membership pricing and policies, timing and schedules of any Service(s), amend, vary, delete or add to this Agreement and/or the Privacy Policy in its sole and absolute discretion from time to time and where appropriate. Your continued participation and/or use of any Service(s) after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised terms.
Notwithstanding the foregoing, GJJS will provide ten (10) business days’ notice of any changes, which GJJS in its reasonable discretion deems material, following which your continued participation and/or use of any Service(s) will be deemed to confirm your acceptance of such changes.
Assignment and Transfer
The rights of membership shall be enjoyed only by you, and the membership and your rights and obligations under this Agreement may not be transferred, assigned, or novated by you. GJJS may transfer, assign or novate its rights and obligations under this Agreement at any time without notice to you.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the law of Singapore.
Dispute Resolution
In the event of any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, you and/or GJJS shall first seek to resolve the dispute or claim in good faith by giving the other party written notice of the dispute or claim.
If no resolution is arrived at between you and GJJS of any dispute or claim, either you or GJJS may refer the dispute or claim to confidential and binding arbitration, provided strictly that such reference to arbitration is made no less than twenty one (21) calendar days after written notice of the dispute or claim is first given to the other party.
Any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be Singapore law.
Severability
The provisions of this Agreement are severable and invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. GJJS’s failure or delay to exercise any rights or remedies under this Agreement shall not be construed as a waiver of such rights, remedies or provisions.
In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Third Party Rights
Save as expressly provided or conferred benefits within this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 2001 (hereinafter referred to as the “Act”) to enforce any term of this Agreement. Notwithstanding any provision of this Agreement, you and GJJS may agree to supplement, vary (including any release or compromise of liability), rescind or terminate this Agreement without the consent of any third party and Section 3(1) of the Act shall not apply.
Entire Agreement
This Agreement, together with the Privacy Policy constitutes the entire agreement between you and GJJS and supersedes all prior discussions, negotiations and agreements. You acknowledge that neither GJJS nor anyone else made any verbal or written representations or promises upon which you relied that are not stated in this Agreement.