WAIVER OF LIABILITY, MEMBERSHIP TERMS AND CONDITIONS
1. BUYER FITNESS - By signing this Contract, the Buyer represents, warrants and insures that he/she has had an opportunity to observe the program selected prior to signing this Contract and that Buyer (or Member, if a minor) he/she is physically and mentally able to take classes offered by the Seller in that program or any others in which Buyer (or Member, if a minor) may participate.
2. CANCELLATION - To cancel this Agreement pursuant to any right contained herein the Buyer must notify the seller in writing, no less than 30 days prior to next scheduled billing date by requesting and completing the cancellation form. All cancellations are subject to one full billing cycle notice before Agreement is officially canceled.
3. LIABILITY, WAIVER AND RELEASE - The Buyer understands and acknowledges that strict observation of the Seller's rules and regulations, including the rules and regulations relative to training and the use of protective equipment, is required. The Buyer understands and agrees that the use of the Seller's facilities and the Buyer's (or Member, if a Minor) presence at the Seller's school are at the sole risk of the Buyer (and Member, if a Minor). The Buyer understands and acknowledges that the martial arts involves skills and training which include violent and sudden movements, and that in connection with the training and instruction, there will be physical contact between instructors and Buyers (or Member, if a Minor) and between and among the Buyer (or Member, if a Minor) and other Buyers (or Members, if a Minor). The Buyer understands and acknowledges that such contact may result in personal injury to the Buyer (or Member, if a Minor, despite precautions taken by the Seller to avoid such injuries. Buyer, individually and on behalf of (Member, if a Minor) acknowledges martial arts instruction has the potential for serious injuries including but not limited to knee, head, neck, joint or spinal injuries, and includes cardiovascular exercise which should not be undertaken by individuals with heart defects or high blood pressure. The Buyer, individually on behalf of him/herself, (and Member, if a Minor) and anyone claiming by or through the Buyer (and Member, if a Minor), hereby agrees to hold harmless, release, indemnify and forever discharge [location] locationName, its officers, directors and employees, instructors, agents and authorized representatives from any liability, claim or loss, including loss of property, damage, personal injury, or expense incurred by the Buyer (and/or Member, if a minor) and arising from the Buyer's execution of this Contract, participation in any program offered by the Seller, including but not limited to, any injury or damage caused by the negligence or gross negligence of the Seller, it's instructors, Buyers, agents, employees, operators, or authorized representatives. The Buyer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her participation of any program offered by the Seller therefore buyer agrees and waives all rights for any legal actions or harm to the buyer.
4. CLASSES, ATTENDANCE & TESTING- Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller without notice. Buyer (and/or Member, if a minor) must purchase all equipment from Seller according to the curriculum of the Seller & participate in Seller sponsored tournaments and events, there are additional fees to these events. Seller will provide instructors to teach and supervise classes, practice sessions and contests conducted by the Seller. Buyer understands that during the course of instruction, Seller instructors, authorized personnel and/or other Buyers will be engaged in a course of conduct requiring physical contact with the Buyer. Buyer (and/or on behalf of Member, if a minor) hereby consents to engage in such contact as may be necessary or required by Buyer's (and/or on behalf of Member, if a minor) participation in the training program and/or classes. Attendance is tracked digitally and will be counted towards progression of rank according to Buyer’s program. Students are expected to be on time for class to receive full attendance credit. Seller reserves the right to refuse admittance to class if Buyer is more than 15 minutes beyond the posted start date of class. Upon recommendation by Seller, the Buyer (and/or Member, if a minor) must test for subsequent ranks. Testing and other events are available at separate cost to Buyer unless specifically stated otherwise.
5. COMPLIANCE WITH LAWS - This Contract shall be governed by the laws of the State of Texas and venue for any action arising out of this Contract shall be in same county as business address. All rights and obligations of the Seller and Buyer under this Contract are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this Contract conflict with any applicable statute, rule or regulation in effect at the time of execution of this Contract governing transactions of the type contained herein, the Contract shall be deemed revised to conform with such statutes, rules and regulations. The Seller and Buyer shall be bound by the modified Contract and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This Contract constitutes the entire Contract between the parties and supersedes all prior Contracts between the parties, whether written or oral. The invalidity or un-enforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this Contract.
6. ACCEPTANCE OF BUYER - The Buyer agrees to fully and completely comply with all the terms and conditions hereof and the Seller's rules and regulations. No refunds on any paid tuition, additional services or products. Entry level programs & yearly memberships cannot be put on hold and missed times cannot be added. Buyer's (and/or Member's, if a minor) failure to comply with the Seller's rules and regulations shall be grounds for immediate suspension or termination of the Buyer (and/or Member, if a minor). The suspension or termination of Buyer (and/or Member, if a minor) shall not entitle the Buyer to a refund or credit for any tuition or test fees already paid, or shall act as a cancellation of any unpaid balance due. Upon the suspension and/or termination of the Buyer (and/or Member, if a minor), the entire remaining Contract balance shall be immediately due and payable as liquidated damages and not as a penalty. The failure or inability of Buyer (and/or Member, if a minor) to use the facilities, classes or services of the Seller for any reason, except as otherwise provided herein shall not relieve or suspend the Buyer's obligation to make all payments required under this Contract. Seller reserves the right to use all photos, videos, and or audios taken of the Buyer (and/or Member, if a minor) for promotional, marketing, educational, and any other purposes for the Seller's benefit unless Buyer specifically states otherwise. Buyer (and/or Member, if a minor) acknowledges that there are additional charges for retail products, training equipment, special events, tournaments, change of uniforms and rank promotion examinations which are not included in the price of this contract unless stated otherwise. Seller, at notice may relocate within ten miles from its current location, and or to another affiliate location and same membership terms apply. This contract is non-transferable and upon termination of this agreement by the seller no refund shall be due. Co-signer, any person(s) signing this agreement as a co-signer or co-buyer shall be jointly, severally and individually liable to Seller and its billing company for the full contract price as if such person signed as the Member. Buyer waives the right to submit chargebacks on all credit/debit card, or bank accounts on all transactions for services previously agreed upon.
7. MEDICAL DISABILITY - By written notice to Seller, the Buyer may extend the term of the Contract at no additional cost for a period equal to the duration of the buyer's short-term disability, verified in writing by a licensed medical doctor. This contract may be canceled upon notice of a permanent disability by a certified medical doctor (chiropractic is exempt) stating detailed explanation of permanent long term disability. All medical releases, the M.D./doctor must provide a notarized signed document to be fully released of obligations. WARNING: The physician will be held liable for the remaining term of this agreement for falsifying or incomplete medical information for the buyer to cancel this agreement. Buyer must provide from the MD. notarized signed letter stating the medical condition(s).
8. DEFAULT - The non-payment of scheduled monthly payments more than 60 days shall constitute default under this contract. In the event of default, the entire amount owed here-under shall become immediately due and payable as liquidated damages and not as a penalty. All payment information provided will be used for full or partial payments due. No refunds on retail, test fees and paid tuition.
9. ATTORNEYS FEES - The undersigned acknowledges that all accounts are due and payable within 30 days of the invoice date. An interest charge of 1.5% per month will be applied to any unpaid balance after thirty (30) days. In the event this account is in default, customer agrees to pay all costs of collection, including collection agency fees, court costs and attorney fees, whether suit is filed or not. In the event that suit is filed, venue will be same county as business address.
10. PAYMENT PROCESSING - Buyer acknowledges that Seller utilizes the services of a third-party payment processing collection company, balance will be reported to credit bureau. Seller's liability for any payments wrongfully processed or collected shall be solely limited to such wrongful amount, and to the extent Buyer suffers damages in excess of such amount, whether bank charges, attorney's fees or other costs or expenses, Buyer agrees to hold harmless and indemnify Seller from same. Approved refunds shall be paid within 20 days after receipt of the notice of such wrongful charge collected by Seller. Buyer also agrees not to back charge any transactions to their credit/debit card company.
The Mat Martial Arts & Fitness