This agreement is made and entered into on , by and between Raptorock MMA & Fitness, located at 2 Mini Villas, Golf Club Terrace 21, Florida, Roodepoort, 1709 and The Member.
1. Purpose
The purpose of this agreement is to set forth the terms and conditions under which, The Member will have access to the facilities and services unless the member is a minor, then the minor will have access to the facilities and services of Raptorock MMA & Fitness. Raptorock MMA & Fitness reserves the right to change any of the following terms if deemed essential for the clubs long term benefit.
2. Duration
This agreement shall commence on the DATE and shall continue for a period as selected on this form, starting on Invoice Due Date.
3. Membership Fee
The Member agrees to pay a membership fee as selected on this form, for the duration as per selection. The membership fee is due 3 days after receiving an invoice from Raptorock MMA & Fitness.
4. Facilities and Services
The Member will have time-limited access to all of the classes, facilities and services associated as offered by Raptorock MMA & Fitness, including, but not limited to, the workout area, cardio equipment, MMA equipment (not including gloves, headgear, groin guards, mouth guards), guest shower and change room. Raptorock MMA & Fitness reserves the right to add or remove facilities and services at its sole discretion.
5. Cancellation
The Member may cancel this contract at any time either by written notice delivered send to janus@raptorock.com or by Whats App +27 79 836 6797, but the signatory of this document will remain responsible for paying the full amount of the membership fee for the remaining term of the contract. Raptorock MMA & Fitness, may cancel this contract at any time if The Member breaches any of its obligations under this contract. The cancellation of this contract is however not applicable to clause 6 and clause 6 will remain in-force unless the member can prove that any intellectual property owned by Raptorock MMA & Fitness, its coaches/staff passed on to the member in good faith did not, has not and will not contribute to the success of the member in professional combat sports events.
6. Club Representation in Professional Sports
If at any time the member competes in any combat sports tournament for financial remuneration/gain during or after signing and agreeing to the terms of the this contract, the member must provide a copy of the respective signed "promoter/athlete" contract to Raptorock MMA & Fitness and pay Raptorock MMA & Fitness 10% of all career earnings.
7. Dispute Resolution
Any disputes arising under this contract shall be resolved through arbitration or litigation. Any legal fees incurred by Raptorock MMA & Fitness will be payable by the member.
8. Cool-Off
In terms of section 16 of the Consumer Protection Act, the signatory of this agreement, has a 5 working day cool off period after which, the contract will be considered legally binding. A written notice will be required if the signatory/member wishes to cancel the contract in this 5 day period.
9. Intellectual Property
In the adoption, teaching & implementation of combat sports related techniques, training and fitness methodologies, event preparation strategies, recovery strategies, nutrition plans, software and spread sheets, group discussions and/or anything uniquely done by Raptorock and/or its coaches/staff, that these adoptions and teachings will evolve into something uniquely owned by Raptorock MMA & Fitness. These evolutions/ teachings will be considered exclusive intellectual property of Raptorock MMA & Fitness and may be licensed for a fee (see section 6) in professional combat sports event/s and may not be shared with the public with out written approval of the owners of Raptorock MMA & Fitness.
10. Restraint of Trade
The member agrees that, they will not engage in any activity or employment for a period of 24 months that involves developing, selling, marketing, or distributing software products or services that compete with any of the Raptorock (Pty)Ltd t/a Raptorock MMA & Fitness existing or planned products or services within a 10km radius of Raptorock (Pty)Ltd t/a Raptorock MMA & Fitness's studio without the written permission of Raptorock (Pty)Ltd and a valid operating license issued by a SASCOC affiliated sports governing body. The member acknowledges that this restraint of trade is necessary to protect the Raptorock (Pty)Ltd t/a Raptorock MMA & Fitness's legitimate business interests, and that the restrictions contained herein are reasonable in scope and duration.
11. MMASA Affiliation
RaptorrocK MMA is a registered affiliate of MMASA. At no point in time will I the Member enter in MMA Promotions not under the governance of MMASA and/or IMMAF and/or its officials, without prior writteen consend of these sports governing bodies.
12. Indemnity
I, The Member, acknowledge that participation in fitness / martial arts activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I voluntarily assume the full risk of any and all injuries, damages, or loss, regardless of severity, that I may sustain as a result of participating in any and all activities associated with Raptorock MMA & Fitness. I hereby agree to waive, release, and discharge any and all claims for damages for death, personal injury, or property damage which I may have, or which may hereafter accrue to me, as a result of my participation in fitness / martial arts activities at Raptorock MMA & Fitness. This release includes, but is not limited to, claims for negligence, breach of contract, or breach of statutory duty, and it extends to Raptorock MMA & Fitness and its directors, officers, employees, agents, contractors, representatives, successors, and assigns. I understand and agree that this release is binding upon my heirs, executors, administrators, and assigns.
