THE BUYER MAY CANCEL THIS AGREEMENT WITHIN THREE (3) DAYS, EXCLUSIVE OF HOLIDAYS AND WEEKENDS OF THE ABOVE DATE BY EMAIL OR DELIVERY OF WRITTEN NOTICE (CERTIFIED MAIL) TO US, AND WILL RECEIVE A REFUND. SUCH REFUND SHALL BE ISSUED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF NOTICE OF CANCELLATION.
BY SIGNING BELOW BUYER AGREES THAT THIS AGREEMENT WILL AUTOMATICALLY GET RENEWED AND THE ACCOUNT WILL BE CHARGED IF BUYER DOESN'T GIVE ANY NOTICE OF CANCELLATION TO KAIZEN MMA ENSHIN KARATE BY CERTIFIED MAIL OR EMAIL (NO VERBAL CANCELLATION ACCEPTED) TWO WEEKS PRIOR TO THE RENEWAL DATE .
BY SIGNING BELOW BUYER AGREES THAT ANY AVAILABLE METHOD OF PAYMENT FROM BUYER SUCH AS CREDIT CARD OR BANK ACCOUNT WILL BE USED TO PROCESS THE PAYMENT AND AUTO PAYMENTS CAN NOT BE STOPPED THROUGH BUYERS BANK OR OTHER FINANCIAL INSTITUTIONS UNTIL THE PAYMENT IS MADE IN FULL.
THIS AGREEMENT VOIDS AND SUPERCEDES ALL PREVIOUSLY SIGNED AGREEMENTS BETWEEN THE BUYER AND ENSHIN KARATE OF NOVA LLC. ENSHIN KARATE OF NOVA, LLC MAY USE OTHER NAMES SUCH AS KAIZEN MMA AS DBA NAME OR OTHER PROGRAMS TAUGHT IN THIS CENTER.
ADDITIONAL TERMS AND CONDITIONS
1. All classes, practice sessions, promotion tests, contests, seminars and other such events will be conducted by trained instructors. While reasonable care will be taken to prevent injuries and minimize accidents, due to the physical nature of contact which occurs during martial arts training members assume all risks associated with any and all above referenced events in any Enshin Karate and Kaizen MMA locations. Additionally, Buyer(s) agree to comply with the Rules and Regulation of the Company. These Rules and Regulations may be provided verbally or may be posted at the Enshin and Kaizen MMA facilities. Should any member disregard the Rules or Regulations, his or her membership may be cancelled. Buyers understand that no one shall practice free sparring, weapons techniques or any self-defense until such practice has been approved by the instructors. It has been explained to the Buyers that the above course of instruction involves a certain level of physical contact with the instructor and/or other members, which may at times result in personal injuries. It has been explained to the Buyers that all martial arts related events involve hard physical exercises. The Buyers agree they have no knowledge of any physical condition which would make them unable to safely participate in the class session or contests. The Buyers understand that in order to advance in rank, they must take promotional examination at least one per year. Each promotional examination requires an additional fee which is NOT included into the tuition rate specified by this Agreement. The Buyers understand that the fees will vary from one examination to another and that such fees must be paid prior to an examination. Likewise, the Buyers understand that they are required to purchase their own safety equipment which will be necessary for certain classes, including but not limited to sparring and all promotional examinations after the introductory level. The Buyers understand that this requires additional fees which are not included into the tuition rates specified by this Agreement. The Buyers understand that Enshin Karate Kaizen MMA facilities are not a Health Spa but organization primarily operated for the purpose of teaching a particular form of self-defense. I understand that every location is individually owned and operated as well.
2. The Buyers will be in default if they breach any of this Agreements terms and/or conditions, or if they fail to pay any installments when due. The Buyers have a right to cure their by making a required payment in full within 7 days after the date when such installment is due. The Buyers' membership automatically will be renewed if they are on (monthly, 3 month or yearly membership plan) unless notice of cancellation given to this center two weeks prior to expiration date by email or mail.The Buyers are in default if they repudiate this agreement. If they are in default, their membership privileges may be denied. Acceptance of any payment after default will not release the Buyers from any obligation under this agreement. In the event of a default, the Company may declare any and all unpaid installments of the total payments and all other indebtedness hereby immediately due and payable by Buyer to the Company. In the event of acceleration (if company permitted the cancellation), the Buyer will be credited with the same rebate of unearned finance charge as set forth in paragraph 6.
3. Other than in the event of a Company-permitted cancellation, the Buyers will not be relieved of the obligation to make any payment in accordance with this contract, and no deduction of allowance from any payment shall be made due to any absence or withdrawal of the buyer from the Company programs or due to the buyers failure to attend such program. Payments are applied first to any past due obligations, then to fees or charges assessed,if any,and then in the order in which they are scheduled to be made; provided, however, the late charges will not be assessed if the only delinquency is attributed to a late charge assessed on a prior payment. The Buyers shall not be relieved of obligations to make any payment of the membership fee herein agreed to, and no deduction of allowance from any of said payments shall be made.
4. This Agreement may be assigned by the Company and, if so assigned the word Company will also mean the company to which this agreement is assigned or transferred. If this agreement is assigned, the assignee will be entitled to exercise any and all rights and powers of the Company hereunder, but (notwithstanding anything in this Agreement to the contrary) Assignee shall not be chargeable with any obligations or liabilities of the Company hereunder, or with respect thereto. In the event of assignment, the Company reserves its right to assert any defenses it has or may have under this agreement or with respect thereto. Memberships
are not transferable or assignable by the Buyer unless agreed to in writing by the Company.
5. A $20 fee or the maximum amount permitted by law (including cost and expenses incurred by the Company in connection with the collection of any returned check or other item) will be charged for any returned check or item. The Buyers shall be given a written receipt for any payment which is made in cash.
6. Should the Company need to take action to enforce this Agreement, the Buyers shall be responsible for the Company costs incurred, including but not limited to any attorney fees equal to 33% of the amount due under the contract plus court costs and expenses incurred in collecting the amount.
7. Except as prevented by act of God, war, strike, weather and any other cause beyond the Company control, the Company shall, during the terms of Buyers membership, maintain its Martial Arts facility and the supervision thereof substantially as at the date of this Agreement. The Company reserves the right and privilege at any time hereafter to replace, alter or change staff roster at Company locations, to close its facilities or alter the schedule thereof, and privileges and rights granted to the Buyer herein to use the facility and the equipment. Classes and equipment are available subject to demand and may be crowded at peak hours, or may be discontinued or rescheduled if demand fluctuates. Class times and instructors are subject to change without any notice.
8. The Buyers agree that they are aware that they are engaging in physical exercise, including the use of equipment, training, testing, weapons and instruction, where injuries may be caused. The Buyers are voluntarily participating in these activities and assume all risk of injury to the Buyers. The Buyers should consult with a physician before engaging in classes. The Buyers agree they will not participate in any class with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain hygiene, if such a condition poses a direct threat to the health and safety of themselves or others, and agree they will use the facilities provided in accordance with all public health requirements. It is the Buyers responsibility to consult a physician to determine if any of such medical conditions exist and, if so, whether such a conditions poses a direct threat to the health or safety of themselves or others. The Company assignee, employees, officers and/or agents are not liable for any injury or loss of life during operation indoor or outdoor (during transportation). Similarly, the Buyers agree that such injury or loss may be used as a defense brought by the Company or assignee. The Buyers have carefully read this waiver and release and fully understand it is assignee. The Buyers have carefully read this waiver and release and fully understand it is a release of liability. The Buyers further agree to release the Company from any liability for the loss or theft of personal property. The Company will not make any evaluation or recommendation whether the Buyers are sufficiently fit for any exercise activities. It is always advisable to consult a physician before participating in a physical exercise program.
9. PAYMENT PLAN: If the Buyers have selected ATLAS payment plan, they are authorizing the Company, or its agents or assignee, to make changes to or withdrawals from the account the Buyers have specified for membership fee transactions (until paid in full). If the Buyers notify the Company that they choose to pay the outstanding balance of their membership fee, the Company may charge or withdraw from the Buyers account the full amount of such balance. If for any reason the Buyers do not continue to pay their membership fee through an ATLAS Payment plan, and this is agreed to by the Company, then the Buyers agree to make their regular monthly payments until paid or company will have the right to process the payment through the billing system (ATLAS) again and withdraw the full amount from buyers credit card or bank account.
10. This Agreement constitutes the entire and exclusive Agreement between parties. Any promises, representations, understandings and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein, are hereby waived. This Agreement may be modified only in writing; however, the Company and/or assignee of this Agreement are hereby authorized to correct any errors in the Agreement. This Agreement may not be modified or altered in any way except in writing, signed by both parties. No verbal changes are binding.
11. The Agreement will be governed by the laws of Commonwealth of Virginia, excluding the conflicts of law principles. If any part of this Agreement is held invalid, such invalidity shall not affect the remaining provisions hereof. The Buyer agrees that exclusive jurisdiction for the enforcement of either parties rights under this contract, or which in any way are elected by this Agreement, is in the Circuit Court of Fairfax County, Virginia. The Buyers further agree that any action brought against the company, or any of its employees, under this contract, or for personal injury, shall be brought within 1 year after injury or breach, whichever occurs first.
12. The Company can delay or refrain from enforcing any of its rights under this Agreement without losing them. For example, the Company can extend the time for making some payments without extending others.
13. All correspondence must be submitted by registered or certified mail to the location they registered. In the event of membership cancellation, the Buyers must return with their notice any contract, membership card or other document or evidence of membership.
14. CANCELLATION: If the buyers (Evening Programs Only) move their residence and work more than 25 miles from Kaizen facilities (proof must be provided ), your membership may be transferred or cancelled if request of cancellation made in written and a cancellation fee of $200 will apply to the buyers' account. In addition to $200 cancellation fee, the buyers agree to pay the membership difference which is based on $230 if they are on 3 month program and $190 per month if they are on yearly program, times number of the month the buyers were taking classes. Members may cancel this agreement if written proof (verified by a physician) is submitted stating that the use of our facilities and services would impair the member's health during the term of this agreement. The disability or condition preventing use of the facility must be permanent and must be accompanied by a physician's note.
15. COVID-19. I understand that while Service Provider has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Services, Service Provider is not responsible in any manner for any risks related to COVID-19 in connection with the Services. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the Services (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Services, including, to my knowledge, COVID-19.
16. FREEZING THE MEMBERSHIP: The buyers have the right to freeze their membership for one month upon agreement (Evening programs only) once a year. In this case they may not get charged for that month.
17. NOT A DAYCARE: We understand that the School is not a day care facility but rather a martial arts school and that their programs are to teach the physical, mental, and emotional skills of the martial arts and to prepare students for competitive events and activities. I acknowledge that they are not responsible for the supervision and care of my child or children(red) attending the Schools' after school program, summer camp or any other programs or event. Furthermore, we confirm and agree that my child or children (red) are free to come and go from the school and do not have to attend the School if they do not wish to do so.
18. AFTER SCHOOL PROGRAM AND KAIZEN ACADEMIC CAMP: If enrolled in the after school program, The buyers understand that the tuition is based on a monthly rate. Regardless of the number of weeks in each month, there is no refund if they miss a part or the whole program due to illness, vacation or withdrawal. The buyers also understand If on the month to month plan, notice of cancellation should be given two weeks prior to the payment due date in writing, or a penalty of $200 will apply to buyers’ account . If enrolled in yearly plan there is cancellation option and buyer can only use the balance towards other programs offered in the system. Buyers understand that with NO EXCEPTION there will be a late pick up fee of $10 per 10 minutes. The buyer understand that all full day camps teacher work days and weekly camps (such as Winter or Spring Break) are available for additional costs.
19. SUMMER CAMP: If enrolled in Summer Camp Program buyers understands that they will have to pay full amount for the weeks they selected on Summer Camp Calendar, even in case of illness, vacation or withdrawal. Weekly summer camp fees are to reserve space for those particular weeks and buyers agree to pay even if they don’t attend the camp
20. PHOTOGRAPHS: I hereby authorize the center and its agents, successors and assigns to photograph me and/or my child(ren) and/or use our images and voice records without restriction and to utilize such photographs and/or voice transcriptions for any commercial purpose, including but not limited to the promotion and marketing of the school, and we agree that we shall not be entitled to receive any compensation whatsoever of any kind as a result of such use.
By signing below I agree with all provisions of this Agreement.