ASSUMPTION OF RISK, CONSENT, RELEASE, AND WAIVER:
In consideration of mutual agreements which I and/or my guests will use the premises of TROY KICKBOXING OUTFIT (Hereinafter referred to as "business", "TKO", "studio" and/or "club"), which I acknowledge to be beneficial to me, I acknowledge and agree to the following:
I warrant and represent that I am in appropriate physical condition of the physical activities in which I will participate and that such physical activates, even noncontact activities, carry a risk of serious injury including substantial permanent injuries, and/or death. Business, has advised me to consult with my physician prior to engaging in any physical activity, and that I should not participate in any activities unless approved to do so by my physician. I knowingly and voluntarily assume all risk describe above, and I will waive in advance any claim of liability resulting from those risks. On my own behalf and on behalf of my representatives, my estate and all person claiming through me directly or derivatively, I hereby agree in advance to hold harmless, release and discharge Business and any other owners, officers, employees, affiliate companies, and all other participants and non participants associate with those identified entities from any injury that I may receive whether or not from the negligent or intentional acts of those persons release. Furthermore, I agree on my behalf and behalf of my representatives, estate, successors and assigns to defend Troy Kickboxing Outfit from and against any and all claims and liability that may arise by reason of activities at the facilities, whether cause by an intentional act, or by negligence, or otherwise without limitation. This agreement to defend includes any claim, action or liability whatsoever, regardless of whether the claim is made, without limitation, by me, by someone on my behalf or someone whose class is derived from my injury or death. I acknowledge and agree (1) that it is my responsibility to cover any medical bills that I may incur and to cover myself with any medical insurance I may deem appropriate and (2) that I will not and cannot make any claim for medical coverage result from any injury or death incurred by me at the facilities of the Business.
Troy Kickboxing Outfit shall not be liable for any loss or theft of my personal property. I also specifically agree that Troy Kickboxing Outfit shall not be responsible for all such personal or property injuries, damages, loss or theft, even in the event of negligence, fault or failure to use due care on the part of the business, and whether such negligence, fault, or failure to use due care is present at the signing of this Agreement or takes place in the future. I agree to follow club rules as promulgated from time to time.
I hereby consent to the business taking photographs or video images of me while in classes or otherwise in the public premises of the business and hereby irrevocably grant Troy Kickboxing Outfit the right to use my image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on Troy Kickboxing Outfit's website.
FINANCE CHARGE NOTICE
Any holder of the consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the process hereof. Recover hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
Any Holder of the consumer credit contract is subject to all claims and defenses which the buyer/member could assert against Business as a result of the contract. Recovery by the buyer/member shall not exceed the total amount paid by the buyer/member to pursuant to this contract. You the buyer may cancel this agreement by midnight of the business’s third business day after the date of the agreement, and such cancellation must be in writing to Business.
In the event Business closes and ceases doing business, you are no longer obligated to make payments under this agreement.
DEFAULT AND LATE PAYMENT
Should you default on any payment obligation as call for in this agreement, the entire remaining balance shall be deemed due and payable upon demand, and you agree to pay allowable interest, and all costs of collection, including, but not limited to, collection agency fees, court costs and attorney’s fees. Should any payment become more than 10 days past due, you will be charged a late fee to cover additional administrative expenses and other expense related to obtaining your payment. A fee can be automatically charged for all returned payments.
CONSUMER'S RIGHT TO CANCELLATION
If you move your residence more than 25 miles further from the studio facility from your current location this membership can be cancelled under this section requiring written proof of new permanent address, phone number, name and address of new employer, school transfer scripts sent by certified mail only and requires a 60 day advanced written notice, and a $50 cancellation fee. A residence investigation will then be conducted.
NOTICE OF CONSUMER’S RIGHTS
1. You have the right to cancel this contract within three (3) business days starting on the course starting date of this contract. Notice of cancellation must be in writing, and delivered either in person or by certified or registered mail to the studio.
2. If you become disabled for at least three (3) months during the member term and that disability is confirmed in writing by a physician, you have a right to an extension of this contract. During the term of your disability the payments will still be made during the time you miss and will be added on to the end of your agreement.
3. If the studio is closed continuously for a month or more, you are entitled to your choice of either an extension of the contract or prorated refund, except if the closing is not the fault of the facility, in which case the choice of remedy is the studio’s.
4. There are no refunds on unused classes.
5. You may cancel for any reason with 30 day written notice and a $195 early termination fee.
This Notice of Consumer’s Rights is an integral part of the Application and Contract for Membership.
By my signature I acknowledge that my rights to cancel have been explained and given to me.
CANCELLING OF YOUR ELCTRONIC TRANSFER OF FUNDS DOES NOT RELEASE YOU FROM YOUR CONTRACTUAL OBLIGATIONS
I understand that I am in full control of my payments, and if at anytime I decide to discontinue the Electronic Funds Transfer payment method, I will simply notify of my new method of payment with 15 days notice.
I understand that if for any reason my payment is returned for non-sufficient funds (NSF) I will be charged a $30.00 fee or 5% of the amount of the check, whichever is greater. If I have authorized payment by either EFT or Credit Card my account will automatically be charged that fee during the next debit cycle.
This authorization is to remain in full force and effect until the agreed amount is paid in full. I also acknowledge and agree that if my account has a balance over sixty (60) days, a finance charge of one and one-half percent (1.5%) accrued monthly, will be added to my account in lieu of the $7.50 late charge stated herein above. I will be responsible for the full contract amount including late fees, accrued interest and any unpaid fees for non-sufficient funds at the expiration of this contract.