CAMPS PROGRAM

“RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT” 

The undersigned, on behalf of himself/herself or as the parent/legal guardian of the minor identified above,hereby represents, acknowledges and agrees as follows:

1. The risk of injury associated with martial arts and related training is significant, including the potential

for permanent paralysis and death, and while particular skills, equipment and personal discipline may reduce this risk, the risk of serious injury or death does exist;

2. I have no prior or ongoing medical or other limitations that would prevent me from engaging in martial arts and related training, and have no reason to believe that participating in such training could adversely impact my health;

3. I KNOWINGLY AND FREELY ASSUME THE RISKS OF INJURY OR DEATH, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF RAFAELLO OLIVEIRA or others, and assume full responsibility for my participation in martial arts and related training with Rafaello Oliveira;

4. I agree to comply with the instructions given during instruction and will conform my activities in a

manner so as to minimize the risk of physical injury at all times. If at any time during training, I become aware of a medical or other circumstances that could jeopardize the health or safety of myself or others, I will remove myself from participation and bring the condition to the attention of Rafaello Oliveira immediately; and

5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY

RELEASE, INDEMNIFY, AND HOLD HARMLESS Rafaello Oliveira and Houzn Jiu Jitsu Academy, their officers, officials, agents and employees, other participants, and the owner(s) and lessor(s) of the premises used for the activities described herein, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I REPRESENT THAT I HAVE CHOSEN TO SIGN THIS RELEASE OF LIABILITY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

*FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (under age 18 at the time of registration)

This is to certify that I, as parent/guardian with legal responsibility for above-referenced participant, do consent and agree to his/her release as provided above. In addition, on behalf of myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the parties described above from any and all liabilities directly or indirectly related to my child's involvement or participation in these the programs described above, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE, to the fullest extent permitted by law.

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"CAMPS PROGRAM TERMS OF PURCHASE"

Introduction

This Agreement sets forth the terms of purchase of Services (“Camps Program”) from House Seven Group, LLC [d/b/a] “Houzn Jiu Jitsu”.

By placing your Order with “Houzn Jiu Jitsu”, by clicking “accept/purchase/subscribe/pay now,” or by using the Services, you agree to be bound by this Agreement. 

In these terms and conditions, “We/us/our/[d/b/a]” means House Seven Group, LLC. “You/your” means you as a user of the Website and/or Customer of the Program/Services.

The Services

The Services include a weekly based program "Camps" from Monday to Friday from 9am to 12:00 pm (Half Day) and 9:00am to 3pm (Full Day). This Program is an introduction to the art of Brazilian Jiu Jitsu in addition to arts, crafts, and games. 

Payment Policy

Payment is required before beginning the program, You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. All financial transactions are subject to the rules and regulations of the cardholder's bank or credit card issuer. “Houzn Jiu Jitsu” assumes no responsibility for fees assessed by these institutions for overdrafts, insufficient funds or credit card fees or charges as a result of the transactions authorized through this website.

Refund Policy

All fees are non-refundable;

Late Pick Up Fees

Students must be picked up promptly each day. A late fee of $1.00 per minute will be assessed after that time.

Lost Property

“Houzn Jiu Jitsu” assumes no responsibility for lost property. 

General Code of Conduct

Participation in the “Houzn Jiu Jitsu” programs is subject to the observance of the organization’s Behavior Guidelines. There will be no refund of any amount for students who are sent home because of behavior problems. 

The following behaviors could result in dismissal from the program:

• Abusive language towards another participant, an instructor, or a staff member.
• Hitting another participant, an instructor, or a staff member.
• Continued disrespect towards  another participant, an instructor, or a staff member.
• Failing to cooperate with an instructor or a staff member.

Medical Disclaimer

Participation in the Program or Services covered by this Agreement and any content provided therein is at your own risk. “Houzn Jiu Jitsu” and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services.

Governing Law

This Agreement shall be construed in accordance with and governed by the laws of the  State of South Carolina, United States of America. 

Binding Arbitration

Any dispute, controversy, or claim arising out of or related in any way to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered in accordance with its commercial arbitration rules. The arbitration shall take place before a panel of three (3) arbitrators sitting in Charleston County, South Carolina. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of South Carolina. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.

Force Majeure

If either party is prevented from or is materially delayed or materially interrupted in the performance of his/her obligations hereunder by reason of an act of God, fire, flood, war, public disaster,  strikes, or labor difficulties, governmental enactment, regulation, or order, or any other cause beyond his/her control, such party shall not be liable to the other, therefore, and either party may terminate this Agreement without liability to the other. 

Construction

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to “Houzn Jiu Jitsu” including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

Binding Effect

This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Damage Waiver

Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, “Houzn Jiu Jitsu” liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to “Houzn Jiu Jitsu” for the services during the term of the Program, Services or Membership.

Intellectual Property

All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of “Houzn Jiu Jitsu”. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of “Houzn Jiu Jitsu”. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of “Houzn Jiu Jitsu” or any third-party.

Privacy

You agree to the terms and conditions of the Privacy Policy found at HouznJiuJitsu.Academy. If you attend any “Houzn Jiu Jitsu” live event, you agree that any third-party vendor involved in the event [ticket sales, event facility registration, etc] may share your personal identifying information with “Houzn Jiu Jitsu” to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy.

Waiver

The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Indemnity

You agree to indemnify, defend and hold harmless “Houzn Jiu Jitsu”, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes Houzn Jiu Jitsu to be liable to a third party.

Voidability

This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.

Entire Agreement

This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in the Program or Services you are required to sign a liability waiver. As the Program is revised over time you may be notified that you may be required to agree to additional terms and conditions.

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"CAMPS PROGRAM - CODE OF CONDUCT"

Houzn Jiu Jitsu is committed to making the camp environment safe and fun for everyone. Accordingly, all students and their parents are required to sign this “General Code of Conduct” to demonstrate their understanding of, and compliance with, Houzn Jiu Jitsu’s behavior expectations from every child. No child will be admitted to camp without signing this Code of Conduct, and moreover, failure to comply with its principles may result in immediate dismissal from camp. We urge you to review the following information closely with your child.

HOUZN JIU JITSU CAMP PARTICIPANTS ARE REQUIRED TO:

• Be active listeners, cooperate, and follow directions given by camp staff and instructor at all times.
• Treat fellow campers, staff members, instructors, private property, and the Academy with the utmost respect. We expect every camper to exercise goodwill towards others, our camp activities, and our Academy. Courtesy and respect are requirements of the camp community.
• Refrain from using rude, offensive, or generally bad language. Harsh verbal words or tone of voice, racial slurs, and/or foul language or gestures will not be tolerated.
• Unwelcome teasing, horseplay, pushing, kicking, hitting, bullying, and/or harassment will not be tolerated.
• Refrain from bringing firearms, fireworks, or weapons of any kind to camp.
• Know and understand the general camp rules and guidelines.

NOTE: It is not possible to anticipate every possible situation that may arise. In the absence of a particular situation or activity not listed above, COMMON SENSE AND COURTESY SHALL PREVAIL.

CONSEQUENCES: Our staff will immediately investigate all incidents. Should a child's behavior be deemed inappropriate, the camp staff will handle the situation with appropriate discipline practices. This includes “timeouts” from the group and notifying parent(s). Furthermore, any child who does not or cannot respect his or her fellow campers, our staff, the Academy, and/or the entire camp community - and who does not respond to our intervention - will be dismissed from Houzn Jiu Jitsu Camp Program  immediately and permanently. There will be no refunds in the event of a dismissal.

I UNDERSTAND AND AGREE WITH THE ABOVE CAMPS PROGRAM CODE OF CONDUCT, INCLUDING THE CONSEQUENCES FOR VIOLATING IT. ANY QUESTIONS I HAVE RELATING TO THIS CAMPS PROGRAM CODE OF CONDUCT HAVE BEEN ANSWERED TO MY/OUR SATISFACTION.

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