This agreement is between Momentum Karate & Fitness and Customer. Momentum Karate & Fitness will appear on your bank/credit card statement. If for any reason the Draft is not approved, Momentum Karate & Fitness will add $10.00 fee. Momentum Karate & Fitness is not responsible for any bank fees incurred by Customer. I Momentum Karate & Fitness has the right to resubmit returned/declined items without prior notice. If your child is not picked up by 6:30pm, late fees will automatically be charged to the credit card on file.
Member's (Customer's) Right to Cancel
If you wish to cancel this agreement, you must submit a request, IN WRITING, to Momentum Karate & Fitness at least 7 days prior to the next billing date. Written request must be presented to staff and signed off by one of them. Deposits are not refundable. Without a written notice, payments will be drafted.
I agree pictures of my child may be used to promote Momentum Karate & Fitness without compensation.
I have read this agreement and understand that once it is signed by me it is a legally binding and enforceable obligation and I agree to comply with all the provisions, terms and conditions set forth on both sides of this agreement. I acknowledge I have received a copy of this agreement. I agree to pay the Balance Billed set forth in this agreement.
Terms and Conditions
Acceptance of Member
By signing this agreement, Customer agrees to fully and completely comply with all terms and conditions hereof and the Business' rules and regulations. Failure to comply with the Business' rules and regulations is ground for immediate suspension or termination of the Customer and Student.
Momentum Karate & Fitness and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Customer and/or Student for marketing, trade, publishing or any other lawful purpose. Customer and/or Student understand and agree that full payment of tuition is not a guarantee or promise of advancement.
Scheduling and content of classes and programs, furnishing of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of Momentum Karate & Fitness and may be changed at any time by Momentum Karate & Fitness. The Customer understands and agrees that examination/testing fees may not be included in the price of this agreement.
Liability waiver and release
The Customer understands and agrees that strict observation of the Business' rules and regulations and the rules and regulations relative to martial arts training, including the use of protective equipment. The Customer understands and agrees that the use of the Business' facilities and the Member's presence at the Business' facility are at the sole risk of the Customer. The Customer 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 students, and between and among the students that such contact may result in personal injury to the student, despite precautions taken to avoid such injuries. The Customer hereby consents for the student to engage in such contact as may be necessary or required by student's participation in the training program and/or classes.
The Customer, Student and anyone claiming by or through the Customer or Student, hereby holds harmless, releases and forever discharges Momentum Karate & Fitness, Momentum Karate Schools Inc., its officers, directors, and representatives and the business and its instructors, agents, employees, volunteers, operators, and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by the Customer or Student and arising from the Customer's execution of this agreement, payment processing, participation in any program offered by Momentum Karate & Fitness, including, but not limited to any injury or damage caused by the negligence of Momentum Karate & Fitness, the Business, its instructors, Members, agents, employees, operators, or authorized representatives. The Customer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she or the Students may suffer or incur as a result of his/her execution of this agreement and participation in any program offered by Momentum Karate & Fitness.
Compliance with Laws
This agreement shall be governed by the laws of the State in which the Business is located. All rights and obligations of the Business and Customer 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 statues, rules and regulations. The Business and Customer shall be bound by the modified agreement and agree that no other modifications 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 provisions hereof shall not affect the validity of enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.
Non-payment, or declined payment of scheduled payments in excess of 14 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, Ince Karate shall be entitled to recover their reasonable attorney fees, court costs, and interest on any past due amount at the rate of 1.15% per month.
Any person(s) signing this agreement, whether as a Customer, co-signer or otherwise shall be jointly, severally and individually liable to Momentum Karate & Fitness for the full Billing price as if such person signed as the 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.