Waiver

Fight Academy Ireland

Full Disclosure of Physical Conditions / Informed Consent and Assumption of Risk and Release of Liability

This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is executed on the date of membership and is a material part of, and is incorporated by reference into, the FAI MMA Membership Agreement executed by the client or the gym and conditioning classes. For the purposes of this waiver and the agreement, the term client and member are nterchangeable.

1. The Client certifies that he or she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent the clients’ participation in the Clients Activities under this Agreement, except as hereinafter stated. 

2. The Client certifies that he or she has been informed of the need for a physician’s approval for participation in the Activities under this Agreement.

3. The Client certifies that Fight Academy Ireland has recommended that the Client have a yearly or more frequent physical examination and consultation with the Clients physician as to physical activity, exercise, and use of exercise and training equipment so that the Client may have knowledge that he has either (a) been given permission by the Clients physician to participate or (b) that the Client has decided to participate in the Activities under this Agreement without the approval of his physician.

4. The Client expressly assumes all responsibility for the client’s participation in the Activities under this Agreement.

5. THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT HE HAS NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.

Informed Consent and Assumption of the Risk:

1. The Client enters into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. The Client certifies that the client is of a legal age to enter into an agreement, and is not mentally incapacitated. The Client certifies that he enters into this Agreement without duress, undue influence, and for valuable consideration.

2. The Client certifies he or she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Client certifies that the Client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; martial arts training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Client expressly and voluntarily assumes any and all risk associated with the Clients participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.

Release of Liability:

1. Client certifies that the Client voluntarily agrees to participate in the activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; martial arts; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Client further agrees to follow all rules set forth by Fight Academy Ireland and its trainers.

2. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by Fight Academy Ireland and its Trainers, Coaches, the Client for himself, his heirs, assigns, administrators, executors, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges Fight Academy Ireland its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or any other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of Fight Academy Ireland its successors in interest, assigns, servants, agents, employees, independent contractors, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.

Fight Academy Ireland is committed to preserving the privacy of all visitors to our gym. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering or placing a booking on this site, you consent to the collection, use and transfer of your information under the terms of this policy.

Information Collected

When you visit, register, and make bookings at FAI you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information stored within our secure online systems; Go Cardless, Google Analytics and PayPal. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

Use of your Information

Your information will enable us to provide you with access to all parts of our site and to supply the goods or services you have requested. It will also enable us to bill you and to contact you were necessary concerning your bookings not fulfilled. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

Where you have consented, we may use your information to let you know about other products and services which we offer which may be of interest to you including forum posts, special offers, competitions, and surveys. We may contact you by post, telephone, or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know.

Disclosure of your Information

The information you provide to us will be held on our computers and may be accessed by our staff who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments, and provide support services on our behalf.

Finally, if our business enters a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Unless required to do so by law, we will not otherwise share, sell, or distribute any of the information you provide to us without your consent.

Cookies

If you leave a comment on our site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Embedded content from other websites

Articles on this site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Security and Data Retention

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction, and damage. We will retain your information for a reasonable period or as long as the law requires.

Accessing and Updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

Any changes to our privacy policy in the future will be posted to the site and, where appropriate, through e-mail notification.

Contact

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to the Director of FAI via email on Shando_shannon@hotmail.co.uk

By submitting a Membership, Seminar Booking or Product Order online, you are accepting the Terms and Conditions of Fight Academy Ireland’s website.

The Contract between Fight Academy Ireland and you
Fight Academy Ireland must receive full payment of the whole of the price of goods before your order can be accepted, and the contract formed. Once payment has been received Fight Academy Ireland will confirm that your order or Direct Debit has been received by sending an email to you at the email address you provide in your registration form. If submitting Membership, your Direct Debit confirmation will be submitted from Go Cardless. The booking email will include your name, the order number, and the total price. Fight Academy Ireland’s acceptance of your Membership or Bookings brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
Fight Academy Ireland is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website.
Price
The price of any Products will be as quoted on our site or by Consultation Team from time to time, except in cases of obvious error.
Unless otherwise agreed by the Fight Academy Ireland in writing, the price for the Goods only shall be the price set out in the Company’s website on the date of order.
The acknowledgement of order will state whether VAT is payable or not and, if so, whether the price is inclusive or exclusive of VAT.
Withdrawal by You From The Contract
If you are an individual and are not purchasing a Membership or Goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract, and these are set out here. This right to withdraw does not apply to business buyers.

Membership – You may withdraw from your Membership at any time. You do not need to give Fight Academy Ireland any reason for withdrawing your order nor will you have to pay any penalty. All Memberships are deducted accordingly for the 30 days prior to your written cancellation.
Personal Sessions – You may withdraw from your appointment 24 hours beforehand. You do not need to give Fight Academy Ireland any reason for this.

Seminars – are non-refundable unless, if a situation occurs where you are medically unable to attend the retreat, we ask for a copy of a GP medical letter stating as such. We require a copy of this 48 hours before Seminar Date commences.

Once you have notified Fight Academy Ireland that you are withdrawing your Membership or Goods Order, any sum debited to Fight Academy Ireland will be re-credited (if applicable) to your account as soon as possible and in any event, within 30 days of your booking normally 5-10 working days from the secured Merchant Terminals, PayPal or Stripe.
If you attend any courses with Fight Academy Ireland and circumstance arise were you have to pull out from Membership Fight Academy Ireland will freeze all Direct Debits return until you give us written permission to reactivate your account.
Withdrawal By Us From The Contract

Fight Academy Ireland may cancel, postpone Classes, Personal Session and Seminars at any given time. Written communication will be given 24 -48 hours prior to start date. For classes, written communication will be given 2-4 hours prior to start date and time.

Upon written communication, Fight Academy Ireland will offer a full refund OR hold onto any monies paid should you decide you take part at later date to any Seminars.

If there is a monetary difference where the value is less than previously paid, it will be re-credited to your account as soon as possible and in any event, within 30 days of your booking normally 5-10 working days from the secured Merchant Terminals, PayPal or Stripe.
If there is a monetary difference were the value is more than previously paid, you will need to settle the difference before the start date and time or course, classes or workshop.
Delivery of Goods to You
Fight Academy Ireland will deliver Gift Vouchers and On Demand Cards ordered by you to the address you give SBG Belfast for delivery at the time you make your order.
For dispatch, allow up to 3 working days and in any event within 30 days of despatch of the order. All gift vouchers and loyalty cards will be shipped by Royal Mail 2nd class post.
Complaints
Fight Academy Ireland operate a complaint handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following address: shando_shannon@hotmail.co.uk

Governing Law
The contract between us shall be governed by and interpreted in accordance with UK English law, and the UK courts shall have jurisdiction to resolve any disputes between us.

Entire Agreement
These terms and conditions, together with the current Fight Academy Ireland Website prices, delivery details and Fight Academy Ireland contact details, set out the whole of our agreement relating to the supply of the goods to you by Fight Academy Ireland. These terms and conditions cannot be varied except in writing signed by a director of Fight Academy Ireland.

Data Protection
Your personal details will be held and/or transferred in strict accordance with the applicable data protection laws. Your personal details will not be disclosed to any other company and will only be used to keep you updated with our products. You may, however, instruct “us” the Company not to use your details for direct marketing purposes.

Interpretation

In these terms and conditions:

‘Working day’ means every day of a calendar year apart from weekends and statutory and public holidays.

‘us’ means Fight Academy Ireland and you together; and

‘you’ and ‘your’ means the person ordering goods under these terms and condition.