1. The first payment shall be paid directly to the Center, and thereafter the Responsible Person agrees to make payments to Affiliated Acceptance Corporation (the "Designated Management Company") according to the terms above.
2. If the first month is paid by check, the check will be made out to the center.
3. Late charge of $25 will be assessed for any fee that is past due.
4. Any returned payments $25 service charge will be assessed to your account.
5. The responsible Person acknowledges that the Center holds no power to freeze, stop, or terminate any check drafts, credit card payments or savings drafts on request. However, the Center can enforce the termination of the Agreement under special circumstances stated in section IV of this Agreement. All other questions regarding payments under this agreement must be addressed to the Designated Management Company to avoid unnecessary inconvenience to the center.
6. If Responsible Person of students(s) sttempts to terminate or breaches this Agreement, all outstanding amounts shall be immediately due and payable.
7. The Center has the immediate right to terminate services to the Students(s) in hte event payment is not made when due. Should services be termiinated for any reason, all outstanding amounts shall be immediately due and payable.
8. Should any collection efforts be necessary to collect an outstanding balance, the responsible person hereby agrees to indemmnify the Center for all costs of collection, including reasonable attorneys' fees.
9. We do not generate payment history, so we advise you keep all your receipts.
Membership Fee Collection Agency: Affiliated Acceptance Corporation: Phone 800-233-8483
All and Any Delinquent or Unpaid Membership Dues Will Be Shown on Your Credit Report. Please pay your dues promptly.
All students are required to maintain health/medical insurance coverage for the Agreement. The center will make no evaluation or recommendation whether student(s) are sufficiently physically fit for any exercise activities, it is always advisable to consult your physician before undertaking a physical exercise program.
The Center Reserves the right to terminate, demote from the rank or temporarily suspend the Agreement if the Student falls under the following conditions.
1. Violation of Center codes and rules in its sole discretion (read provided seperate rules sheet)
2. Use of illegal drugs & drunkenness.
1. Fees for student uniforms, seminars, belts promotion tests, ect. are seperate and not included in the terms of this agreement.
2. Enrollee in Martial Arts should take belt promotion test upon receiving all required stripes and fulfilling hours and requirements.
3. Responsible Person understands that it is his/her responsibility to have the student(s) attend the center for training or lessons. The center shall not be responsible for any unattended days of lessons, training or workouts. Resposible Person understands that entire course fee stated on front is due and payable according according to the terms of this agreement. Responsible Person agrees and promises to pay course fees shown on this agreement promptly without demand. All other questions regarding this account must be addressed tothe Designated Management Company to avoid any unnecessary inconvenience to the Center.
4. Responsible Person acknowledges that the rules and regulations governing the center have been adopted, and may change from time to timeand the Resposible person agrees to abide by all such rules and regulations as adopted or thereafter amended. The hours of operation & class schedule may be changed at the discretion of the Center.
5. The Responible person understands that no Student(s) shall hold or participate in demostrations, contest, or practice free sparring until the student(s) have been approved by the master/instructor. Student(s) are not allowed to practice martial art skills on friends, siblings and other innocent people. All practice must be done in a closed area and if open, far away from people to prevent injuries to others.
6. The responible Person understands that in order to advance in rank, a Student must take belt promotional test. Responsible Person alson understands that the test fee will vary according to the discretion of the Center.
7. The Center does not assume responsibility for the loss, damage or theft of any property belonging to any student(s) or responsible person(s) that occurs at the Center or during any activities related to the Center.
8. In consideration for the training obtained, students and responsible Person agree that they will not disclose any confidential information regarding the Center, including but not limited to training methods, practices, names of students and/or instructors and business practices.
Section VI. Agreement To Allow Images and Likeness
The Responible Person and Student(s) irrevocably authorize Master Misael Rebollar, TKD NC LLC, and their successors and those acting under their authority to copy, use, publish for art, advertising trade, or any other lawful purpose whatsoever, photographic portraits, pictures or videotapes of Student(s) and/or Responsible Person, in which student(s) and/or Resposible Person may be included in whole or in part.
Section VII. Buyer's Rights
1. Upon the request of the Responsible Party, the Center will, within 30 days of the request, deliver to the Responsible Party and/or Student(s) all information of the personal or private nature, including but not limited to tests or questionnaires, evaluations, and background information.
2. The Center will refund to the Responsible Party ninety percent (90%) of the pro rata cost of any unused services, within 30days after request therefor, if.
a. The Student(s) are unable to receive benefits from the seller's services by reason of death or disability: or
b. The Responsibility Party relocates more than eight miles from his present location, and more than 30 miles from the center and any substantially similar facility that will accept the Center's obligation under the contract; or
c. The Center relocates the facility more than eight miles from its present location, or the services provided by the center are materially impaired.
3. The Designated Management Company may retain a cancellation fee of not more than 25 percent (25%) of the pro rata cost of unused services on all contracts, not to exceed five hundred dollars ($500.00).
Section VIII. Release and Waiver of Liability and Indemnity Agreement
1. The Responsible Person acknowledges that the activities involved in martial arts and related activities entail both known and unanticipated risks which could result in physical or emotional injury, paralysis or death to the Student(s). The risks include, among other things, muscluar strains and sprains, joint and other soft tissue injuries, broken bones, dehydration and cardiovascular complications, including heart attack and exhaustion.
2. The Responsible Person acknowledges that the Student(s) are healthy, and have no medical, physical or mental condition that would prevent the Student(s) from engaging in vigorous physical exercise and that all Student(s) have had a medical and physical examination recently conducted by a physician to verify the foregoing.
3. The Responsible Person and Student(s) hereby voluntarily release and forever discharge the Center and its employees, agents, related companies, shareholders, officers, directors, independent contractors, successors, assigns and representatives (collectively, ,the "Releasees") from any and all claims, demands, actions and liabilities which arise out of or are related to (whether known or unknown) the Student(s) past, present or futurer use of the Center, any activities conducted by the Student(s) in connection therewith, or the past, present, or future use of any equipment or facilities provided to the Student(s) at any time by the Center and/or any of the Releasees (collectively the "Activities"). The Responsible Party warrants, represents and convenants that the Responsible Party will not bring any legal action or proceeding against the Center or any of the Releasees on any claim or injury arising out of or related to any of the Activities or to this Agreement.
4. The Resposible Party and Student(s) hereby agree to indemnify and hold harmless the Center and each of the Releasees from any and all claims, demands, actions, liabilities and costs (including without limitation reasonable attorneys' fees) which have been or may in the future be asserted by a person or entity with respect to any of the Activities identified in paragraph 3 above.
5. The Responsible Person and Student(s) agree to accept and assume all of the risks of injury which might arise from the activities. The Student(s) participation in these Activities is purely voluntary and the Student(s) and Responsible Party elect to have the Student(s) participate in spite of the risks.
6. The Responsible Person warrants and represents that he/she have a will maintain adequate insurance to cover any injury or damages that the Student(s) may cause or suffer while participating in any of the Activities.
7. This Agreement shall be governed by the laws of the State of North Carolina and the courts of the State of North Carolina shall have personal jurisdiction over ant action arising out or related to this Agreement or any of the Activities and for the entry of judgement thereon. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. The Responsible Person and Student(s) further expressly agree that the foregoing releasem waiver and indemnity aggreement is intended to be as broad and inclusive as is permitted bt the law of the State of North Carolina and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding be continued in full legal force and effect.
9. This Agreement (and the documents referred to herein) reflects the entire understanding of the parties with respect to the subject matter herein contained and supersedes any prior agreements, whether written or oral, in regard thereof.
10. Te parties acknowledge that this Agreement is not based upon any factual, legal, or other representation or promise made by any party hereto (or by any other person oe entity) not contained in this Agreement. THE PARTIES FURTHER REPRESENT THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND HAVE HAD THE OPPORTUNITY TO CONSULT WITH THEIR RESPECTIVE ATTORNEYS CONCERNING THE SAME AND HAVE SIGNED THE SAME PURSUANT TO ARM'S LENGTH NEGOTIATIONS AS THEIR FREE AND VOLUNTARY ACT.
SECTION IX: ACKNOWLEDGEMENT OF UNDERSTANDING
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARY WITHOUT ANY RELEASE OF ALL LIABILITY TO GREATEST ALLOWED BY LAW.
You the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel, you must notify the Center in writing not later than midnight of the third business day after the date of this contract.
By entering my name above I agree and understand the Rules and Conduct of the Taekwondo Academy.
Belt Test Fees:
Every student is required to purchase Academy sparring gear at yellow belt. Sparring is part of the curriculum and protective gear is necessay for those classes.
The Cost for a complete set includes tote bag, arm & shin guards, chest gear and helmet $275.
By Entering my name below, I understand and agree to the Additional Trainging Expenses of the TKD NC LLC academy.