WAIVER OF LIABILITY

PLEASE READ CAREFULLY.

In consideration of being allowed to participate in the activities offered by Association HOGA - House Of Gentle Arts (hereinafter referred to as "the School"), I {name}, the undersigned participant, acknowledge and agree to the following terms and conditions:

1. Assumption of Risk:

 “In consideration of my participation in this program, I, {name}, hereby release Association HOGA - House of Gentle Arts and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrolment.

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in purely voluntary and in no way mandated by HOGA - House of Gentle Arts.”

I fully understand and acknowledge that I may injure myself as a result of my enrollment and subsequent participation in this program and I, {name}, hereby release HOGA - House of Gentle Arts and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees and articulations, injuries to the back and neck, injuries to feet, or any other illness or soreness that I may incur, including death.”

2. Release of Liability:

 “I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program.

In consideration of my voluntary participation in this program, I, {name}, hereby release, discharge, and hold harmless the School, its instructors, employees, and affiliated entities from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, whether caused by the negligence of the School, its instructors, employees, or otherwise, while participating in BJJ and/or sport activities at the School or while on the premises.”

3. Photo & Video Release:

 “I {name} grant the School and its authorized representatives the irrevocable right and permission to use photographs and/or videos taken of me during my participation in BJJ activities at the School for any lawful purpose, including but not limited to promotional materials, advertising, and social media. I understand and agree that I will not receive any compensation or royalties in connection with the use of such photographs and/or videos.”

4. Automatic Payment & Membership Renewal Policy:

The School’s membership structure includes an automatic renewal policy. This means that unless we receive a cancellation request from you within 7 days after receiving a reminder email, your membership will be automatically renewed for the upcoming period. By keeping your membership active, you will continue to enjoy uninterrupted access to our classes, training facilities, and all the other benefits of being part of the HOGA family.

Should you wish to discontinue your membership, we kindly ask you to inform us at least 7 days before your current membership expires. Upon receiving your cancellation request, we will ensure that your automatic payment is halted, and your membership will conclude at the end of the current billing cycle.

Please note that all cancellations need to be made in writing and can be submitted via email to info@houseofgentlearts.ch by replying the reminder email. We value open communication and we are here to assist you with any questions or concerns you may have regarding your membership or cancellation process.

Gymdesk never stores, reads, or captures your card information. The intake form used to capture your payment methods is provided by Stripe, and is then stored by Stripe directly.

Stripe uses best-in-class security practices to maintain a high level of security. Additionally, Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. This audit includes both Stripe’s Card Data Vault (CDV) and the secure software development of their integration code.

"I, {name}, hereby authorize Association HOGA - House Of Gentle Arts to automatically renew my membership at the end of each billing period and to charge the applicable membership fees to the payment method provided. I understand that I may cancel the automatic renewal by providing written notice to the School at least 7 days before the end of the current billing period."

5. Refund Policy:

1. Refund Requests: Members who wish to request a refund for an automatically renewed membership must adhere to the following guidelines:

2. Timeframe for Refund Requests: Refund requests must be submitted within 7 days from the date of the automatic renewal. Requests received after this period will not be considered.

3. Eligibility for Refunds: Refunds will be considered under the following circumstances:

• Billing Errors: If there was an error in the billing process resulting in overcharging.
• Services Not Utilized: If the member can demonstrate that they were unable to utilize the services due to circumstances beyond their control.

4. Refund Exclusions: Refunds will not be granted under the following circumstances:

• Failure to submit a cancellation request within the specified timeframe.
• Forgetting or not paying attention to the automatic renewal policy.

5. Refund Process: To request a refund, members must follow these steps:

a. Submit a written refund request to the School via email to info@houseofgentlearts.ch.

b. Clearly state the reason for the refund request and provide any necessary supporting documentation.

6. Refund Determination: Refund requests will be reviewed on a case-by-case basis. The School reserves the right to deny refund requests that do not meet the eligibility criteria.

7. Partial Refunds or Credits: The School may, at its discretion, issue partial refunds or credits for future services in lieu of a full refund.

8. Communication of Refund Decision: Members will be notified of the decision regarding their refund request within 14 days of the submission. Clear explanations for refund denials will be provided.

9. Exceptions: Exceptions to this refund policy may be granted in exceptional cases, and the School reserves the right to make such determinations at its discretion.

10. Legal Compliance: This refund policy is subject to applicable local, state, and federal laws. The School will ensure compliance with all relevant regulations.

11. Contact Information: For any questions or concerns regarding refund requests, members may contact the School at info@houseofgentlearts.ch. 

6. Lost Items:

Association HOGA - House Of Gentle Arts would like to remind all participants that we are not responsible for any lost or stolen items while on our premises. We kindly request that you take appropriate measures to safeguard your personal belongings. While we strive to provide a safe and secure environment, we cannot guarantee the security of your belongings.

We recommend the following precautions:

1. Keep valuable items with you.
2. Avoid leaving personal items unattended or in plain sight.
3. Do not share your personal belongings or equipment with others.

By participating in activities at Association HOGA - House Of Gentle Arts, you acknowledge and agree that the School and its staff members shall not be held responsible for any loss, theft, damage, or misplacement of personal items.

We strongly encourage you to label your personal items with your name and contact information to facilitate identification if they are misplaced. 

7. Sexual Harassment:

The School maintains a zero tolerance policy against sexual harassment. "I, {name}, understand that any form of sexual harassment, including but not limited to unwanted advances, comments, gestures, or physical contact of a sexual nature, is strictly prohibited."

“I, {name}, agree to abide by this policy and treat all participants, instructors, and staff members with respect and professionalism. I understand that any violation of this policy may result in immediate termination of my membership and participation in activities at the School.”

"I, {name}, have carefully read this Waiver of Liability and fully understand its contents. I am aware that by signing this waiver, I am waiving certain legal rights I or my heirs, executors, administrators, and assigns may have against the School, its instructors, employees, and affiliated entities.

{sign_date}

HOGA GUIDELINES AND DOJO ETIQUETTE 

HYGIENE GUIDELINES:

Maintaining personal hygiene is a big deal in a sport where people get in extremely close contact with each other, in fact, serves an important role in keeping everyone in the gym healthy.

1. Be aware of your appearance. You should be CLEAN and NEAT all the times.
2. Come to class having SHOWERED.
3. Always use DEODORANT.
4. BRUSH YOUR TEETH before each class, use mouthwash or chew some gum.
5. Keep your finger and toenails TRIMMED. Long nails can cause cuts to your training partners.
6. If you have any cuts TAPE THEM UP. Make sure that they are not open and will not bleed while training.
7. DO NOT train with a dirty Gi, ALWAYS use a clean one and try to wash or change your Gi after each class.

NOTE: Your belt does not have magical anti-bacterial properties and must be washed after every class just like the rest of your Gi.

8. Use the changing rooms to change your clothes. DO NOT leave your clothes and uniforms everywhere. Keep yourself and your Gym clean.
9. DO NOT come to class if you feel sick or have skin infections. Stay home and treat it.
10. Use the toilette before the class to AVOID interruptions.
11. Food and drinks are NOT allowed inside the mats.

CLASS GUIDELINES:

The way you act in class will directly impact how much you and fellow students are able to get out of the experience. It only takes one person to disrupt the flow of class and ruin it for everyone. BJJ Etiquette during class is specific and there are certain ground rules that shouldn’t be broken.

1. NEVER step on the mat with your shoes on.
2. When stepping off the mat wear sandals or shoes. DO NOT walk outside with bare feet.
3. Turn up to class ON TIME. Being late is disrespectful. If you are late, always ask the professor(s) for permission to come in.
4. ALWAYS bow when entering and leaving the mat and immediately greet the professor(s) and your teammates when entering the mat for the first time.
5. DO NOT skip warm-ups. While this may not be the most exciting part of the class, it has an important role to play.
6. Students MUST put cell phones on vibrate or silent mode.
7. LISTEN carefully and quietly to all instructions in or outside the mat.
8. DO NOT talk while the professor is showing a technique. If you have questions, raise your hand and wait until the instructor calls on you.
9. MAINTAIN an attentive posture when watching the technique and STICK to the techniques that the coach has shown.
10. DO NOT stop drilling a technique until the professor tells you to stop.
11. DO NOT leave the mat during class without the professor’s permission.
12. When the professor(s) calls for line up do it so, QUICKLY and QUIETLY.
13. Be an EXAMPLE for lower belts.

SPARRING GUIDELINES:

BJJ etiquette doesn’t end when the technical part of the class is over. In fact, there are things that you should keep in mind when rolling that really  influence how positive of an experience it is for not just you and your training partner, but people around you as well.

1. Treat everyone with RESPECT, you spar with your teammates not your enemies.
2. ALWAYS shake hands, fist bump or bow before and after sparring.
3. CONTROL your breathing during sparring sessions. This is one of the keys to developing mat fitness.
4. Be aware of using TECHNIQUE over strength.
5. Take care of your training partners. DO NOT crank submissions.
6. NEVER ask your professor(s) to spar, it is extremely disrespectful. Wait to be invited.
7. DO NOT teach unless specifically asked to. Most people don’t enjoy their partners teaching as they roll or do techniques anyway.
8. Be AWARE of your surroundings. You have to be careful about what is going on around you.
9. Lower-ranked pairs are expected to make space for higher-ranked ones if they get too close.
10. If you are too tired to roll, still TRY to roll but just defend.
11. Work on your weaknesses. Don’t always use your “A game”. Training is not a competition. It’s a lab for improving.
12. ALWAYS respect the tap and be HUMBLE in victory.

CROSS-TRAINING GUIDELINES:

How you should be conducting yourself when visiting a BJJ academy? Of course, all the BJJ etiquette points we covered about behavior during class and rolling still apply, but there are a few more things to consider when you’re a guest.

1. First of all, do your RESEARCH on the gym you are visiting beforehand. Check their schedules, rules, guidelines, etc.
2. Do not be on time, but rather, COME EARLY. This is a new gym and you will need to familiarize yourself with it, and the rules and customs they have.
3. Treat everyone with RESPECT.
4. Treat the visiting gym as if it was YOURS.
5. Ask to PAY for the class at the end, even if you are not asked to.
6. Mind your rolling ETIQUETTE. All the regular BJJ etiquette of rolling applies here, perhaps even more-so than normal.
7. You should just roll. DO NOT to murder everyone in the gym or prove a point. Stick to the ground rules of rolling and enjoy your time on the mats.

FREEZING A MEMBERSHIP:

We understand accidents and health issues can happen, preventing partially or completely your participation in the trainings. That's why we aloud ONE TIME a year our members to FREEZE their active membership under request. 

IMPORTANT:

In HOGA we promote DISCIPLINE and RESPECT, we protect and take care of our team members and treat them equally no matter what their race, sexual orientation or background is.

We also apply a ZERO TOLERANCE POLICY for all discriminatory, sexual abuse or sexual misconduct related incidents in or outside the gym.

What does this mean?

If you are presented with an accusation of having committed any discriminatory or sexual misconduct in the gym, outside the gym, to another student or to anyone else, you will be temporarily suspended while an internal investigation is conducted to determine the facts.

Anyone accused will be temporarily removed until an investigation determines the facts and if found guilty by our investigation or by authorities, this person shall lose their affiliation to our team immediately without any refund and their belts and ranks will be automatically taken away.

I, {name}, HEREBY AFFIRM, UNDERSTAND AND ACCEPT TO FOLLOW HOGA GUIDELINES AND ETIQUETTE STATED ABOVE.

{sign_date}