Terms of Service

Gustavo Machado Brazilian Jiu-Jitsu Fairfax

Effective Date: January 1, 2025

1. Agreement to Terms

By accessing or using this website (gustavomachadofairfax.com), registering for our services, signing up for our free trial, attending our classes, or participating in our events, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Gustavo Machado Brazilian Jiu-Jitsu Fairfax.

If you do not agree to these Terms, you may not use our website, services, or participate in our programs. Your continued use of our website and services constitutes acceptance of any modifications to these Terms.

Important: These Terms include important liability waivers and assumption of risk provisions. Please read them carefully before participating in any physical activities.

2. Description of Services

Gustavo Machado Brazilian Jiu-Jitsu Fairfax provides:

  • Brazilian Jiu-Jitsu Classes: Regular training sessions for various skill levels
  • Free Trial Program: A 2-week unlimited trial period for new students
  • Workshops and Seminars: Special events and educational sessions
  • Online Services: Website information, registration systems, and digital communications
  • Training Facility Access: Use of our designated training space at eXurb Fitness

All services are subject to availability, scheduling, and these Terms of Service.

3. Website Use and Conduct

You agree to use our website and services only for lawful purposes. You agree NOT to:

  • Use the website in any way that could damage, disable, overburden, or impair our servers or networks
  • Attempt to gain unauthorized access to any part of the website, user accounts, or systems
  • Use automated scripts, bots, or other automated means to access the website
  • Submit false, misleading, or fraudulent information in registration forms
  • Violate any applicable laws, regulations, or third-party rights
  • Interfere with other users' use and enjoyment of the website
  • Upload or transmit viruses, malware, or other harmful code

We reserve the right to terminate or suspend your access to our website and services for violations of these Terms.

4. Free Trial Program

Trial Terms

  • The free trial provides unlimited access to our regular beginner and fundamental classes for 2 weeks
  • Trial period begins on your first class attendance, not registration date
  • Trial offer is available to new students only (one per person, lifetime limit)
  • We reserve the right to modify or discontinue the trial offer at any time
  • Trial participants must complete required waivers before first class attendance
  • No payment information is required for the trial period

Trial Requirements

  • Participants must be at least 15 years old
  • Minors (15-17) require parental consent and guardian signature on all waivers
  • Medical clearance may be required for certain health conditions
  • Participants must follow all facility rules and instructor guidance

5. Assumption of Risk and Release of Liability

⚠️ IMPORTANT LIABILITY WAIVER - PLEASE READ CAREFULLY

This section contains important legal waivers that affect your rights. By participating in our programs, you are agreeing to assume certain risks and waive certain legal claims.

Acknowledgment of Risk

Brazilian Jiu-Jitsu is a combat sport and martial art that involves physical contact, grappling, submission holds, and dynamic movements. By participating in any classes, events, or activities offered by Gustavo Machado Brazilian Jiu-Jitsu Fairfax, you acknowledge and agree that:

  • BJJ carries inherent and significant risks of personal injury, including but not limited to: bruises, cuts, sprains, strains, fractures, dislocations, joint injuries, concussions, and in rare cases, severe injury or death
  • You are voluntarily participating with full knowledge and understanding of these risks
  • You have had the opportunity to ask questions about the nature and risks of BJJ training
  • No amount of care, instruction, or safety measures can eliminate all risks inherent in martial arts training

Assumption of Risk

You expressly assume full responsibility for any and all risks of bodily injury, death, or property damage, whether caused by:

  • The negligence of other participants
  • Your own actions or inactions
  • The condition of the facilities or equipment
  • The ordinary negligence of our instructors or staff
  • Any other cause related to your participation

Release and Waiver

In consideration for being allowed to participate in BJJ classes and activities, you hereby release, waive, discharge, and covenant not to sue:

  • Gustavo Machado Brazilian Jiu-Jitsu Fairfax
  • Gustavo Machado and all instructors
  • eXurb Fitness and its owners/operators
  • All staff, volunteers, and affiliated persons

From any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury (including death) that may be sustained while participating in BJJ activities or while on the premises.

Medical Recommendations

You are strongly advised to consult with a physician before participating in any martial arts training. This is especially important if you have any pre-existing medical conditions, injuries, or concerns about your physical fitness level.

Mandatory Waiver Requirement

All participants must sign a detailed liability waiver and assumption of risk agreement before their first class. This waiver will be provided after trial registration and must be completed before participation in any physical activities. Failure to complete the waiver will result in inability to participate in training.

Digital Signature Legal Validity

Our digital waiver system uses legally binding electronic signatures. When you sign the waiver, we automatically collect and store:

  • IP Address: Your internet connection's unique identifier
  • Browser Information: Your web browser type, version, and operating system
  • Device Details: Information about the device used to sign
  • Timestamp: Exact date and time of signature
  • Signature Data: Your digital signature image and signing behavior

This information is collected to ensure the legal validity and enforceability of your digital signature under state and federal electronic signature laws. This data may be used as evidence in legal proceedings if necessary and will be retained for the full 2-year waiver validity period plus applicable statute of limitations periods.

6. Facility Rules and Code of Conduct

All participants must adhere to our facility rules and code of conduct:

General Conduct

  • Respect all instructors, staff, and fellow students
  • Follow all safety instructions and guidance from instructors
  • Maintain appropriate hygiene and wear clean training attire
  • No aggressive behavior, bullying, or inappropriate conduct
  • No use of alcohol, drugs, or controlled substances before or during training
  • Report any injuries or unsafe conditions immediately

Training Guidelines

  • Arrive on time and prepared for class
  • Train within your skill level and physical limitations
  • Communicate with partners about injuries or concerns
  • Follow proper martial arts etiquette and traditions
  • Keep fingernails and toenails trimmed short
  • No jewelry, watches, or hard objects during training

Violation of facility rules may result in suspension or termination of training privileges without refund.

7. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, and software, is the property of Gustavo Machado Brazilian Jiu-Jitsu Fairfax or its content suppliers and is protected by United States and international copyright laws.

Permitted Use

  • View and download content for personal, non-commercial use only
  • Print single copies of pages for personal reference
  • Share our content via provided social sharing tools

Prohibited Use

  • Reproduce, distribute, or republish content without written permission
  • Use our trademarks, logos, or brand elements without authorization
  • Create derivative works based on our content
  • Use content for commercial purposes without a license

"Gustavo Machado BJJ" and related logos are trademarks of Gustavo Machado Brazilian Jiu-Jitsu Fairfax. Unauthorized use is prohibited.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to our Privacy Policy.

Key points include:

  • We collect information necessary to provide our services and communicate with you
  • We use industry-standard security measures to protect your data
  • We do not sell your personal information to third parties
  • You have rights regarding your personal information under applicable laws

9. Disclaimers and Limitation of Liability

Website Disclaimers

Our website and services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding:

  • The operation, availability, or functionality of our website
  • The accuracy, completeness, or currency of website content
  • That our services will meet your specific requirements
  • That our website will be uninterrupted, secure, or error-free

Limitation of Liability

To the fullest extent permitted by Virginia law, Gustavo Machado Brazilian Jiu-Jitsu Fairfax, its owners, instructors, and staff shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, regardless of the theory of liability, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid for such services, if any.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gustavo Machado Brazilian Jiu-Jitsu Fairfax, its owners, instructors, staff, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees), arising from or related to:

  • Your use of our website or services
  • Your participation in BJJ training or events
  • Your violation of these Terms of Service
  • Your violation of any applicable laws or regulations
  • Any injury you cause to other participants or third parties

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

Any legal disputes arising from or related to these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Fairfax County, Virginia. You consent to the personal jurisdiction of such courts and waive any objection to venue.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

12. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Updated Terms will be posted on our website with a new "Effective Date." Material changes will be communicated through:

  • Email notification to registered users
  • Prominent website notice
  • In-person notification at our facility

Your continued use of our website or services after any modifications constitutes acceptance of the new Terms. If you do not agree to modified Terms, you must discontinue use of our services.

13. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, with or without cause, and with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason in our sole discretion.

Upon termination, your right to use our services will cease immediately, but the liability waivers, releases, and indemnification provisions will survive termination.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

Gustavo Machado Brazilian Jiu-Jitsu Fairfax

Training Location: eXurb Fitness, 10201 Main Street, Fairfax, VA 22030

Email: info@gustavomachadofairfax.com

Phone: (571) 639-5231

Website: gustavomachadofairfax.com

15. Acknowledgment

By using our website, registering for our services, or participating in our programs, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by all provisions contained herein
  • You understand the risks associated with Brazilian Jiu-Jitsu training
  • You acknowledge the liability waivers and releases contained in these Terms
  • You will comply with all facility rules and codes of conduct