1. MEMBER FITNESS. By signing this agreement, Member represents warrants and insures that he has an opportunity to observe programs offered by DOJO 3 and that he is physically and mentally able to take classes offered DOJO 3 in that program and/or any others in which Member may participate. Membership is non-transferable.
2. UNAVAILABILITY. If the DOJO 3’s facilities are unavailable for use for a period in excess of 30 consecutive days, the Member’s program will be extended for a period of time equal to the time of unavailability, but no refund or credit will be due to the Member. Upon notice to DOJO 3, the Member may cancel this agreement if DOJO 3’s facilities are unavailable for more than 90 consecutive days. Within 30 days of receipt of such notice, DOJO 3 shall refund to the Member the unused pro-rata portion of the contract (cash) price, excluding any initiation fee, paid by the Member. Notwithstanding the foregoing, DOJO 3 may close its facility on holidays, for a period of time not exceeding three weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.
3. LIABILITY WAIVER AND RELEASE. The member understands and agrees that strict observation of DOJO 3’s rules and regulations relative to martial arts training, including the use of protective equipment, is required. The Member understands and agrees that the use of DOJO 3’s facilities and the Member’s presence at DOJO 3’s facility are at the sole risk of the Member. The Member understands and agrees that 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 Members and between and among the Members and that such contact may result in personal injury to the Member, despite precautions taken to avoid such injuries. Member hereby consents to engage in such contact as may be necessary or required by Member’s participation in the training program and/or classes. _____ initials
Member, on behalf of him/herself and anyone claiming by or through the Member, hereby holds harmless, releases and forever discharges DOJO 3, its officers, directors, employees, agents and representatives and DOJO 3 and its instructors, agents, employees, operators and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury or expense incurred by the Member and arising from the Member’s execution of this agreement, payment processing, participation in any program offered by DOJO 3, including, but not limited to, any injury or damage caused by the negligence or willful misconduct of DOJO 3, its instructors, Members, agents, employees, operators, or authorized representatives. The Member 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 execution of this agreement and participation in any program offered by DOJO 3.
4. CLASSES. Scheduling and content of classes and programs, furnishings of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of DOJO 3 and may be changed at any time by DOJO 3. By signing this agreement, the Member receives membership at a greatly reduced price. If the Member no longer wishes to continue or defaults on this agreement, Member may be billed at the rate of $100.00 per class taken. Member understands and agrees that examination/testing fees may not be included in the price of this agreement. DOJO 3 may raise the tuition rate of ongoing memberships by providing advance notice equal to the notice period required for cancellation stated herein.
5. SIGNATORIES. Any person(s) signing this agreement, whether as a Member, co-signer, or otherwise shall be jointly, severally and individually liable to DOJO 3 for the full contract price as if such person signed as the Member. All persons signing this agreement assume responsibility for all costs if collection, including but not limited to collection agency fees, court costs, attorney’s fees and late charges that may be incurred in the event of a default. Any person(s) signing this agreement authorizes the use of disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership. _____ initials
6. COMPLIANCE WITH LAWS. This agreement shall be governed by the laws of the State in which Business is located. All rights and obligations of the Business and Member under this agreement are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this agreement conflict with any applicable statute, rule or regulation in effect at the time of execution of this agreement governing transactions of the type contained herein, the agreement shall be deemed revised to conform with such statutes, rules and regulations. The Business and Member shall be bound by the modified agreement and agree that no other modification shall be enforceable unless in writing and signed by the parties. This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability 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 agreement.
7. ACCEPTANCE OF MEMBER. By signing this agreement, Member agrees to fully and completely comply with all terms and conditions hereof and DOJO 3’s rules and regulations. Failure to comply with the DOJO 3’s rules and regulations is grounds for immediate suspension or termination of the Member. Suspension or termination shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due. The failure or inability of Member to use the facilities, classes or services of DOJO 3 for any reason, except as otherwise provided herein does not relieve or suspend the Member’s obligation to make all payment s required under this agreement on a timely basis, nor entitle the Member to a refund or credit. DOJO 3 and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Member for marketing, trade, publishing or any other lawful purpose. Member understands and agrees that full payment of tuition is not a guarantee or promise of advancement.
8. DEATH OR DISABILITY. Member may cancel if member dies or becomes permanently disabled. Cancellation requires the member or member’s estate seeking relief under this clause to provide proof of disability. A physical disability sufficient to warrant cancellation of the contract by the member shall be established if the member provides a certification of such permanent disability by a medical doctor.
9. RELOCATION. Upon notice to DOJO 3 and satisfactory proof of relocation, Member may cancel the agreement if Member or DOJO 3 moves more than 25 miles from Member’s current residence.
10. CANCELLATION. This agreement may be cancelled by Member for any reason without the penalty or further obligation within 3 days from the date hereof (the “Right to Cancel”). Cancellation shall be made in writing and mailed to DOJO 3 via certified mail. All money paid shall be refunded by DOJO 3 within 30 days of the exercise of the Right to Cancel, except that DOJO 3 may retain expenses actually incurred and the portion of the total price representing the services used and completed based on an hourly rate of $35/hour. Down payments are non-refundable.
The Member understands that after the Right to Cancel expires, except as specifically provided herein, this agreement may not be canceled, and all payments through the end of this agreement shall be due and payable as provided herein. To cancel this agreement pursuant to any right contained herein, the Member shall submit, to DOJO 3, a completed DOJO 3 Cancellation Form, which can be obtained from DOJO 3, by certified mail return receipt requested, or by personal delivery to the address specified in this agreement for DOJO 3. Within 30 days of receipt of the Cancellation Form, any money to be refunded to the Member shall be paid By DOJO 3 and any automatic transfer shall be canceled. If the Member has executed a credit, lien or automatic funds transfer agreement to pay for services, any such agreement executed by the Member shall be destroyed. Failure to attend class does not constitute or imply notification to or cancellation of this agreement. Membership is cancelled when all payments due within the specified notification period have been received. If a notification period is not specified, 30 days notice is implied. Member retains membership rights and privileges until the notice period expires. _____ initials
11. DEFAULT. Non-payment of scheduled monthly payments in excess of 60 days shall constitute default under this agreement. If this agreement is in default, the entire amount owed hereunder shall become immediately due and payable, litigation may be initiated to collect all amounts due or the account referred to collection. In the event of default in payment or breach of this agreement, DOJO 3 shall be entitled to recover their reasonable attorney’s fees, court costs, and, if applicable, interest on any past due amount at the rate of $25.00 for each month a payment declines . After 60 days, Dojo 3 reserves the right to assign all delinquent accounts to collections. _____ initials
12. CONSUMER NOTIFICATION. DOJO 3 is an authorized agent to bill and collect Member tuition on behalf of DOJO 3. DOJO 3 is a billing company not a collection agency or finance company. However, DOJO 3 may refer an account to a collection agency or attorney’s office for debt collection and/or reporting.