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Welcome to your Fitness and Martial Arts journey!

"The journey of a thousand miles begins with one step."

Lao Tzu

GET TO KNOW YOUR INSTRUCTOR:

RANDALL PHILLIPS


2nd Degree Black Belt in Brazilian Jiu Jitsu

4th Degree Black Belt in Judo

Pan American Gold Medalist IBJJF 2015

Pan American Silver Medal IBJJF 2020

Pan American Silver Medal No-Gi IBJJF 2020

European Silver Medalist IBJJF 2013

World Championship Bronze Medalist IBJJF 2015

Pan American Silver Medalist IBJJF 2016

Multiple Time medalist Atlanta, Miami and Houston Open IBJJF

Multiple Time NAGA Champion

 

Randall started training martial arts at 10 years old. First with Capoeira, then Karate and Muay Thai, but ended up falling in love with Jiu Jitsu. Being a childhood fan of the Kung Fu series (starring David Carradine) back in the 1970's, he went in search of a kung fu school in Barra de Tijuca, Rio de Janeiro, Brazil. Unable to find kung fu, he came across a school that said DEFESA PESSOAL-GRACIE JIU JITSU (Self Defense). He went inside and met Reylson Gracie!  He continued training Jiu Jitsu with the legendary Reylson Gracie in Rio de Janeiro, Brazil, until he turned 16 years old and earned his blue belt. Today, after 35 years of learning Judo and Jiu Jitsu, he enjoys teaching his students and competing in tournaments.

 

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Terms & Conditions

TERMS OF SERVICE AGREEMENT AND WAIVER
This Terms of Service Agreement and Waiver (the “Agreement”) is entered into
between_____________________________ (the “Provider”) and the Undersigned to this Agreement
shown below (the “Undersigned” or “I”) as of the date the Agreement is first signed by the Undersigned
(the “Effective Date”). The Undersigned has contracted with the Provider to provide certain instruction
in martial arts and to facilitate competition and participation in certain martial arts related tournaments
and events and all such activities arising from or related to the same (the “Activity” or “Activities”) to the
Undersigned or the Undersigned’s minor child. In consideration of being permitted by the Provider to
participate in the Activity and the intangible value that the Undersigned or the Undersigned’s minor
child will gain by participating in the Activity and in recognition of the Provider’s reliance hereon, the
Undersigned agrees to all the terms and conditions set forth in this instrument as follows:
All individuals age nineteen (19) and under must be accompanied by a parent or their legal guardian on
their first visit.
Web Specials are for first time purchasers only and cannot be combined with any other offer or special.
THERE ARE NO REFUNDS FOR PAID IN FULLS FOR ANY REASON.

Waiver and Release for Physical Harm or Injury

I warrant and represent that I and/or my minor child participating in the Activities are in appropriate
physical condition of the physical activities in which I/we will participate and that such physical
activities, even noncontact activities, carry a risk of serious injury including substantial permanent
injuries, and/or death. The Provider has advised us to consult with my/our physician prior to engaging in
any physical activity, and that I/we should not participate in any activities unless approved to do so by
such physician. I knowingly and voluntarily (on behalf of myself and my minor child participating in the
Activities) assume all risk described above, and I/we will waive in advance any claim of liability resulting
from those risks. On my own behalf, that of my minor child participating in the Activities, and on behalf
of my/our representatives, estate(s) and all persons claiming directly or derivatively, I hereby agree in
advance to hold harmless, release and discharge the Provider, Auburn Mixed Martial Arts, LLC, Auburn,
Jiu Jitsu, LLC, Auburn’s Best After School and Summer Camp, and Randall Phillips personally and any
other affiliate and any other owners, officers, employees, affiliate companies, and all other participants
and non-participants associated with those identified entities (collectively all the “Affiliated Entities”)
from any injury that I or my minor child may receive whether or not from the negligent or intentional
acts of those persons released. Furthermore, I agree on my behalf, on behalf of my minor child, and on
behalf of my/our representatives, estate(s), successors and assigns to defend the Affiliated Entities from
and against any and all claims and liability that may arise by reason of Activities at the facilities of the
Affiliated Entities or at events the Affiliated Entities are sponsoring or participating in or facilitating in
which I or my minor child are participating, whether caused by an intentional act, or by negligence, or
otherwise without limitation. This agreement to defend includes any claim, action or liability
whatsoever, regardless of whether the claim is made, without limitation, by me, by me for and on behalf
of my minor child, or by someone on my or my minor child’s behalf or someone whose class is derived
from my injury or death of myself or my minor child. I acknowledge and agree (1) that it is my
responsibility to cover any medical bills that I or my minor child may incur and to cover myself and
minor child with any medical insurance I may deem appropriate and (2) that I personally and on behalf

of my minor child will not and cannot make any claim for medical coverage resulting from any injury or
death incurred at the facilities of the Affiliated Entities or at any events the Affiliated Entities are
sponsoring or participating in or facilitating in which I or my minor child are participating

Waiver and Release Regarding Personal Property

Auburn Mixed Martial Arts, Auburn Jiu-Jitsu, and any other affiliate shall not be liable for any loss or
theft of my personal property. I also specifically agree that Auburn Mixed Martial Arts, Auburn Jiu-Jitsu,
and any other affiliate shall not be responsible for all such personal or property injuries, damages, loss
or theft, even in the event of negligence, fault or failure to use due care on the part of Auburn Mixed
Martial Arts, Auburn Jiu-Jitsu, and any other affiliate, And whether such negligence, fault or failure to
use due care is present at the signing of this Agreement or takes place in the future.
Consent Regarding Use of Image and Likeness

I hereby consent to the Provider and the Affiliated Entities taking photographs or video image of me or
my minor child while in classes or otherwise in the public premises of the Provider and any Affiliated
Entity and at while participating in events the Provider or Affiliated Entities are sponsoring or
participating in or facilitating in which I or my minor child are participating and hereby irrevocably grant
the right to use my or my minor child’s image or likeness in such images or photographs in any
advertising, promotion, marketing materials including any and all social media, print media, or on the
website of the Provider or any Affiliate Entity.

Finance Charge Notice

Any holder of the consumer credit contract is subject to all claims and defenses which the debtor could
assert against the seller of goods or services obtained pursuant hereto or with the process hereof.
Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Any Holder of the consumer credit contract is subject to all claims and defenses which the
buyer/member could assert against the Provider and the Affiliated Entities as a result of the contract.
Recovery by the buyer/member shall not exceed the total amount paid by the buyer/member to
pursuant to this contract. You the buyer may cancel this agreement by midnight of the Provider’s or the
relevant Affiliated Entities’ third business day after the date of the agreement, and such cancellation
must be in writing to Auburn Mixed Martial Arts, Auburn Jiu-Jitsu, and any other affiliate.

Contingent Provider

In the event the Provider closes and ceases doing business, you agree to transfer to another Affiliated
Entity location within a 25-mile radius and to continue the program or study or training originally
contracted for or the closest equivalent provided by the Affiliated Entity, no matter whether the
Affiliated Entity charges more for the same or equivalent program of study or training. The Undersigned
hereby agrees to pay such increase in the event the same or his/her minor child must transfer to an
Affiliated Entity pursuant to the terms of this Paragraph. In the event all Affiliated Entities cease doing
business, you are no longer obligated to make payments under this agreement.

Default and Late Payment

Should you default on any payment obligation as called for in this agreement, the entire remaining
balance shall be deemed due and payable upon demand, and you agree to pay allowable interest, and
all costs of collection, including, but not limited to, collection agency fees, court costs and attorney’s
fees. Should any payment become more than 10 days past due, you will be charged a late fee equal to
______ percent of the late payment to cover additional administrative expenses and other expenses
related to obtaining your payment. A fee can be automatically charged for all returned payments in an
amount equal to _______ of the said returned payment.

Goodwill Exchange Provisions

You agree that if you enroll under the Goodwill exchange, and quit your program before the 12 month
benchmark, that you will pay to the Provider and any other relevant Affiliated Entity the amount that
was discounted based on the Goodwill exchange, i.e. the difference, as it reverts to the month to month
option and rate and that you agree to pay the remaining amount due for the number of months you
attended up to your cancellation.

Transportation Release and Waiver

From time to time, the Undersigned or the Undersigned’s minor child may be transported by the agents,
employees, or representatives of the Provider or the Affiliated Entities in vehicles owned, controlled,
and maintained by the Provider or the Affiliated Entities. The Undersigned hereby irrevocably and
unconditionally agrees for him/herself, his/her minor child, personal representatives, spouse,
successors, assigns, heirs, and next of kin as follows:
Assumption of Risk: My choice to utilize or have my minor child utilize such transportation as may be
provided by the Provider or Affiliated Entities is knowing, voluntary, and made for personal enjoyment
or convenience. I understand that such transportation involves inherent risks and dangers of accidents,
rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury,
death, and severe personal and economic losses. These may result not only from the Provider’s or
Affiliate Entities’ actions, inactions or negligence, but also from the actions, inactions or negligence of
others or the condition of equipment or vehicles. Further there may be other risks not known to me or
reasonably foreseeable at this time. I understand and I have considered the risks involved, and I
voluntarily and freely choose to assume these risks on behalf of myself and my minor child.
Release: I on behalf of myself and my minor child fully and forever release and discharge the Provider
and the Affiliated Entities and their respective affiliates, directors, officers, managers,
shareholders/members, employees, agents, and insurers, and all others involved in the transportation
provided by the Affiliated Entities from any and all injuries (including death), losses, damages, claims
(including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to
me or my minor child, my property, or any other person, directly or indirectly arising out of or in
connection with any such provided transportation, even if they are due to the ordinary negligence,
injudicious act, omission, or other fault of the Affiliated Entities. This release and waiver shall be
construed and interpreted as broadly as possible under applicable Law.

General Indemnity

I will defend, indemnify, hold harmless, and reimburse the Provider and Affiliated Entities from and for
all damages, losses, costs, or expenses (including legal fees) incurred by the Provider or the Affiliated
Entities or paid by them to any person (including me or my insurers) in respect of any accident, injury
(including death), loss, or property damage, however caused or resulting from, arising out of, or
otherwise in connection with my or my minor child’s participation in any activities (including
transportation to and from the same) of the Provider or Affiliated Entities. I will reimburse the Sponsor
and any relevant Affiliated Entity if anyone makes a claim against the same in connection with my
participation in the Activity, including, without limitation, any accident I may be involved in or any injury,
loss, damage to me, other parties or property however caused.

Covenant Not to Sue

I ( on behalf of myself or my minor child) will not initiate any claim, lawsuit, court action, or other legal
proceeding or demand against the Provider or any Affiliated Entity, neither join nor assist in the
prosecution of any claim for money or other damages which anyone may have, on account of injuries
(including death), losses, or damages sustained by me, my minor child, other parties, or my (or others')
property in connection with my participation in the Activity, and I waive any right I may have to do so.
This means that I cannot sue (on behalf of myself or my minor child) to hold the Provider or any
Affiliated Entity responsible for any injury, loss, or damage sustained by me, other parties, or my (or
others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious
act, omission, or other fault of the Provider or an Affiliated Entity.
Choice of Law

This Agreement shall be governed by the laws of the State of Alabama without regard to its choice of
law provisions.

Severability

If any provision of this Agreement or the application thereof is held invalid by a court, arbitrator or
government agency of competent jurisdiction, the parties hereto agree that such a determination of
invalidity shall not affect other provisions or applications of the Agreement which can be given effect
without the invalid provisions and thus shall remain in full force and effect so long as the essential
purpose of this Agreement is not thereby defeated.

Attorneys Fees and Enforcement

If either of the parties to this Agreement institutes legal proceedings over the enforcement of this
Agreement or any provision of it, the prevailing Party therein shall be entitled to recover from the losing
Party its costs, including reasonable attorneys’ fees.

THERE ARE NO REFUNDS ON PAID IN FULLS FOR ANY REASON.
This Agreement may affect your legal rights. If you have questions or concerns regarding this
Agreement, you should seek competent legal advice before signing. Signing the Agreement below
evidences that you have read, understood, and are in full agreement with the terms and conditions of
service as expressed above as well as with all waivers and releases as expressed above.
{SIGNATURE}- If enrolling through the online link I authorize my acceptance of these terms and
conditions through the Waiver/Terms of Service/Conditions acceptance. I also agree to the Paid In Full
policy of Auburn Mixed Martial Arts, Auburn Jiu-Jitsu, and all Affiliated Entities. No refunds for Paid in
Fulls for any reason.

You must read the terms of service in order to check out.


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Thank you.

Thank you for purchasing your INTRODUCTORY SERIES!

You are on your way to achieving your goals! Be on the lookout for a few emails with important need to know information on next steps. Please ensure that our emails go to your inbox.

We look forward to getting to know you!

 

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