TERMS AND CONDITIONS
1. MEMBER FITNESS - By signing this agreement, the Member represents to the Gym that he/she has had an opportunity to observe and participate in the program selected by the Member prior to signing this agreement and that he/she is physically and mentally fit to take classes offered by the Gym in that program or any others selected by the Member.
2. UNAVAILABILITY - If the Gym or its facilities are substantially unavailable for use due to damage or loss by fire, accident, act of God or any other cause, the Member's program will be extended for a period of time to equal the time of loss of availability, but no refund or credit will be due the Member.
3. LIABILITY WAIVER AND RELEASE - The Member understands and agrees that strict observation of the rules and regulations relative to training, including the use of protective equipment, is required and that the use of facilities and the Member's presence at the Gym are at the sole risk of the Member. It is understood and agreed by the Member that martial arts involves defensive and offensive skills and training which include violent and sudden movements and that in connection with the training and instruction sessions, there will be physical contact between instructors and Members and between and among the Members themselves and that such contact may result in personal injury despite the best intentions and following adequate precautions. The Member agrees that the Gym and its instructors, agents, employees, operators and authorized representatives, shall not be responsible for and are hereby released from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by a Member or anyone claiming through a Member, or related to any activity connected with the Gym including, but not limited to, any caused by the negligence or gross negligence of the Gym or its instructors, Members, agents, employees, operators, or authorized representatives.
4. CLASSES / CONTACT - Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the Gym and may be changed from time-to-time upon notice by the Gym. Gym agrees to furnish the Member with qualified instructors to teach and supervise classes, practice sessions and contests conducted by the Gym. Member understands that during the course of instruction, Gym instructors, authorized personnel and/or other Members will be engaged in a course of conduct requiring physical contact with the Member. He/she gives full consent to such contact as is required by the training program and classes.
5. HOLIDAYS - The member understands that Classes may not be held on national holidays, scheduled vacations or other times as directed by the Gym.
6. COMPLIANCE WITH LAWS AND REGULATIONS - All rights and obligations of the Gym and Member under this agreement are subject to all applicable federal, state and local laws and regulations. When in conflict of this agreement, the contents of such laws and regulations shall be deemed to expressly modify this agreement and the agreement shall be deemed reworded to incorporate such text as may be necessary in order to make this agreement in compliance therewith. The Gym and Member agree to continue to be bound under the modified agreement including such text and further agree that no other modifications shall be deemed made to the agreement. If any portion of this agreement shall be deemed unenforceable, no other portion shall be unenforceable. Any waiver or delay by the Gym or Assignee in enforcing any right under this agreement will not be a waiver or release thereof.
7. ACCEPTANCE OF MEMBER - Upon acceptance as a Member at the Gym, the Member agrees to faithfully comply with all provisions, terms and conditions hereof, including all rules and regulations of the Gym. The Gym reserves the right to immediately suspend or terminate any Member from participation or enjoyment of rights under this agreement for failure to comply with rules and regulations of the Gym. Suspension or termination of a Member shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due.
8. NON-CANCELLABLE - The Member understands that after the MEMBER'S (BUYER'S) RIGHT TO CANCEL expires (3 Days), the Member cannot cancel this agreement and payments must be made as agreed.
9. NON-USE - The failure or inability of the Member to use the facilities, classes or services of the Gym for any reason, will neither relieve nor suspend the Member's obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit of tuition.
10. DISABILITY - The Member may extend the term of the agreement at no additional cost for a period of time equal to the duration of a disability where the Member has a disability which precludes the Member from using one-third or more of the facilities for a period of less than 6 months and the disability is verified by a physician. The Member or his/her legal representative may cancel the agreement if the Member dies or becomes permanently disabled. A permanent disability means a condition which precludes the Member from using the facilities for 6 months or more. A physician must verify a disability in writing before it can be considered. You must obtain our Medical Verification Form (MVF) and have it filled out by your physician.
11. RELOCATION - The Member may cancel the agreement if the Member permanently moves more than 25 additional miles from the Gym and is unable to transfer the agreement to a comparable facility located within 25 miles of his/her new residence.
12. CANCELLATION - To cancel this agreement pursuant to any such right contained in the agreement, the Member shall notify the Gym of cancellation in writing, by certified mail return receipt requested. Any money to be refunded upon cancellation of the agreement shall be paid by the Gym within 45 days of receipt of the notice of cancellation; and if the Member has executed a credit, lien or automatic funds transfer agreement with the Gym to pay for services, any negotiable instrument or credit or lien agreement executed by the Member shall also be returned by the Gym.
13. DEFAULT - Default of this agreement shall constitute any non-payment of scheduled monthly payments. If this agreement goes into default, the entire contract balance may be payable upon request. An early termination fee may apply.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OR GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.