Membership Agreement
Sport Karate Academy, LLC
1384 N Green River Rd
Evansville, IN 47715
812-453-6886
This agreement is between Sport Karate Academy and .
Installment Payment Method / Authorization for Payment
The Buyer hereby authorizes the company or its agents and/or assigns to electronically deduct/process on or after the due date for each consecutive billing cycle tuition payments directly from the following bank or credit/debit card accounts according to the terms of this agreement and to resubmit returned/declined items without prior notice. This payment information will be used to collect any balances past due according to the terms.
[membership] paymentDetails
CONSUMER RIGHT TO CANCELLATION
YOU MAY CANCEL THIS CONTRACT AT ANY TIME WITH 30 DAYS NOTICE. NO REFUND WILL BE GIVEN OF ANY AMOUNT PAID. WITHOUT A 30 DAY NOTICE, YOU WILL BE CHARGED ONE ADDITIONAL MONTH OF TUITION BEFORE CANCELLATION IS IN EFFECT. YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A MEDICAL DOCTOR ORDERS, YOU CANNOT PHYSICALLY RECEIVE THE SERVICES DUE TO A PERMANENT DISABILITY, OR MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT.
I/WE HAVE READ THIS CONTRACT AS WELL AS THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS CONTRACT. I/WE UNDERSTAND THAT UPON ITS' EXECUTION IT IS A LEGALLY BINDING AND ENFORCEABLE CONTRACT. I/WE AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS CONTRACT. I/WE ACKNOWLEDGE FRONT AND BACK OF THE ENROLLMENT CONTRACT & THAT I/WE HAVE RECEIVED A FULLY EXECUTED COPY.
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. No refunds will be given.
2. CANCELLATION –To cancel this Contract pursuant to any right contained herein the Buyer must notify the seller in writing by Email or paper to Sport karate Academy 1384 N Green River Rd, Evansville, IN 47715. All medical releases the M.D./doctor must provide a notarized signed document provided by seller to be fully released of contractual obligations. No refunds will be given.
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 Sport Karate Academy, LLC 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 & 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.
5. COMPLIANCE WITH LAWS – This Contract shall be governed by the laws of the State of Indiana and venue for any action arising out of this Contract shall be in Vanderburgh County, IN. 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 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 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 or purchases. Entry level programs & yearly memberships cannot be put on hold. 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 Seller reserves the right to use all photos, videos, and or audios taken of Buyer (and/or Member, if a minor) for promotional, marketing and any other purposes for the Seller's benefit. Buyer (and/or Member, if a minor) acknowledges that there are additional charges for, retail, equipment, special events, tournaments, change of uniforms and rank promotion examinations which are not included in the price of this contract. Seller at notice may relocate within ten miles from its current location, and or to another Sport Karate Academy's 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 Dealer and its billing company for the full contract price as if such person signed as the Member. Payments cannot be frozen, but time credit will be added to membership. Prorated credit for any future program will be based on percentage completion or time which ever is greater.
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 cancelled upon notice of a permanent disability by a certified medical doctor (chiropractic is exempt) stating detailed explanation of permanent disability. No refunds will be given.
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 hereunder 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 tuitions.
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 Vanderburgh County, Indiana. User agrees to waive any rights to publish derogatory reviews on line & all social media.
10. PAYMENT PROCESSING- Once first payment has been processed, consecutive payments will be processed monthly, or as agreed upon, until contract has ended. 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 with 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. Buyer agrees to notify Sport Karate Academy of any issues with method of payment prior to the date it is processed. Up to 5% increase could occur annually.
11. HOURS OF BUSINESS- Sport Karate Academy reserves the right to be closed for a total of four (4) weeks throughout the course of the year. These weeks are already factored into the cost of the membership. No credits or refunds will be issued in the event of such temporary closure. Sport Karate Academy will be closed for all major (Bank/Government) holidays, as well as the two weeks of Christmas and New Years. We will be closed one week for the EVSC Spring Break, and one week during the West Side Fall Festival. We also reserve the right to be closed during national emergencies, and or county emergencies, this could include inclement weather.
12. MEMBERSHIP RENEWAL: Buyer will continue classes at the rate they signed up with as long as membership is not canceled or put on hold. In the event it is canceled or put on hold, buyer will renew at the current membership rate. Sport Karate Academy reserves the right to increase the membership rate yearly on existing members only at renewal and only with advanced notice. In the event a student is on hold during a testing month, they will not be eligible for testing until the following cycle.
