Billing Agreement
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 $15.00 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 6:05pm, late fees will automatically be charged to the credit card on file.
Terms and Conditions
By signing this agreement, I am enrolling my child in the Momentum Karate Schools, Inc. d/b/a Momentum Karate & Fitness Summer Camp is also referred to as “Momentum – The Woodlands Best Summer Camp,” and/or “Momentum.” I hereby give permission to Momentum for my child to participate in a variety of outdoor and indoor sports activities, jumping in an inflatable bounce house, transportation to and from field trips on Momentum vehicles, and other physical activities that may not be listed here. I understand that there are certain risks of injury inherent to my child in the practice and play of the physical activities that are offered by Momentum, as well as in traveling on Momentum vehicles and other related activities incidental to my child’s participation. I am fully willing to assume these risks for my child. I hereby certify that my child is fully capable of participating in the Momentum Summer Camp and that he/she is healthy and has no physical or mental disabilities or infirmities that would restrict full participation in these activities, except as included in writing with this waiver. In addition to giving full consent for my child’s participation, I do hereby waive, release, hold harmless, and covenant not to sue Momentum Karate Schools, Inc, it’s officers, coaches, employees, sponsors, supervisors, and representatives for any injury or loss that may be suffered by my child during the participation in the activities included in the Momentum Summer Camp and or camps, whether the result of negligence or any other cause. By enrolling in the Momentum Summer Camp, or any of the Momentum sports classes; I acknowledge and agree to these policies by signing and dating this agreement below. I understand that all “VIP” single payment memberships are non-refundable or transferable. If I choose to cancel my “Entire Summer Camp” membership, I agree to pay 30% of the remaining balance. If I choose to cancel my “weekly summer camp” membership, I must Momentum a 7-day notice before the next billing cycle. A cancellation form supplied by a Momentum Director must be completed to give official notice. I understand that no refunds or credits will be issued if my child misses any days of the Momentum Summer Camp. Momentum only accepts credit card payments. Cash, checks, or money orders are not accepted. If my child is sick, he/she will not be allowed to return to Momentum until 24 hours have passed after my child’s last symptoms. Tuition is collected by Momentum 7 days prior to each weekly session. I understand that if my tuition is late due to an expired or invalid credit card, or insufficient funds, the Momentum billing system will automatically charge my account a $15 late fee. I understand that I must pick up my child by 6:30pm each day. At 6:35pm my account will automatically be charged $1 per minute that I am late. On certain camp days, field trips are optional and will cost $15 per trip. My child is required to wear an approved Momentum T-shirt on each field trip. I will have the opportunity to register for field trips in person by signing the registration form at the welcome desk in the Momentum lobby. Refunds or credits are not issued for missed field trips. I understand and give permission for my child to be photographed and video recorded for marketing purposes. I also agree that no monetary compensation will be given for the use of these photos or videos and they are the property of Momentum Karate Schools, Inc. I understand that my child is required to bring a snack each day to the Summer Camp. Momentum offers snacks and drinks for sale for $0.75 each that my child may purchase for cash or prepay and have it added to weekly tuition. During camp, my child is required to bring a bagged lunch and two - four snacks per day. My child is also required to bring a bottle of water to be refilled throughout the day. If my child does not bring a bottle, one will be provided for $1 that will be charged to my account. To ensure the safety and security of my child, I understand that any approved adult on my emergency contact form will need to provide a proper state or government issued ID in the event that they have to pick up my child from Momentum.
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.
Classes
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.
Default
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, Momentum Karate & Fitness 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.
Signatories
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.