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.
Term and Conditions
1. Training, Safety, and Membership Agreement: All classes, practice sessions, promotion tests, contests, seminars, and other events at Kaizen MMA will be conducted by trained instructors. While reasonable care will be taken to prevent injuries and minimize accidents, members acknowledge that martial arts training involves physical contact, which carries inherent risks. By participating, members assume full responsibility for any associated risks at all Kaizen MMA locations as members are allowed to train in other locations as well. Buyers agree to comply with Kaizen MMA’s Rules and Regulations, which may be provided verbally or posted at the facilities. Failure to adhere to these rules may result in membership cancellation. Members are not permitted to engage in free sparring, weapons techniques, or self-defense training without instructor approval. It has been explained to the Buyers that martial arts training involves physical contact with instructors and other members, which may result in personal injuries. The training also requires rigorous physical exercise. Buyers confirm they have no known medical conditions that would prevent them from safely participating in classes or competitions. To advance in rank, Buyers must take at least one promotional examination per year, which requires an additional fee not included in the tuition specified in this Agreement. Fees for promotional exams vary and must be paid in advance. Additionally, Buyers are responsible for purchasing their own safety equipment, which is necessary for certain classes, including sparring and all promotional exams beyond the introductory level. These equipment costs are not included in tuition fees. Buyers acknowledge that Kaizen MMA facilities are not health spas but are dedicated martial arts training centers focused on self-defense instruction. Each Kaizen MMA location is individually owned and operated.
2. Default and Membership Renewal: Buyers will be considered in default if they breach any terms or conditions of this Agreement or fail to make any payments when due. Buyers have the right to cure the default by making the required payment in full within 7 days of the due date. Memberships on monthly, 3-month, or yearly plans will automatically renew unless the Buyer provides written notice of cancellation at least two weeks prior to the expiration date via email or mail to the center. Buyers are in default if they repudiate this Agreement. If a default occurs, the Company may deny membership privileges. Acceptance of any payment after default does not release the Buyer from any obligations under this Agreement. In the event of default, the Company reserves the right to declare all unpaid installments and outstanding balances immediately due and payable. If the Company permits cancellation after default, the Buyer will receive a rebate of unearned finance charges as outlined in paragraph 6.
3. Payment Obligations and Attendance Policy : Except in cases where the Company permits cancellation, Buyers remain responsible for all payments under this contract, regardless of absence, withdrawal from the program, or failure to attend classes. No deductions, allowances, or refunds will be provided for missed sessions. Payments will be applied in the following order: 1. Past due obligations 2. Assessed fees or charges (if any) 3. Scheduled payments in their designated order Late charges will not be assessed if the only delinquency is due to a previously assessed late charge. Buyers acknowledge that their obligation to pay membership fees remains in effect, and no reductions or exemptions will be granted.
4. Assignment of Agreement: This Agreement may be assigned by the Company. If assigned, the term "Company" will also refer to the entity to which this Agreement has been transferred. The assignee will have the right to exercise all Company rights and powers under this Agreement. However, the assignee will not be responsible for any obligations or liabilities of the original Company. In the event of an assignment, the Company retains the right to assert any defenses it has or may have under this Agreement. Memberships are non-transferable and cannot be assigned by the Buyer unless expressly agreed to in writing by the Company.
5. Returned Payment Fees: A $30 fee (or the maximum amount permitted by law) will be charged for any returned check or failed payment, including any costs and expenses incurred by the Company in connection with the collection of such payments. Buyers will receive a written receipt for any payments made in cash.
6. Enforcement of Agreement: If the Company takes legal action to enforce this Agreement, Buyers will be responsible for all associated costs, including but not limited to: Attorney fees equal to 33% of the amount due under the contract. Court costs and expenses incurred in the collection process
7. Facility Maintenance, Schedule, and Staff Changes: Except in circumstances beyond the Company's control, such as acts of God, war, strikes, severe weather, or other unforeseen events, the Company will maintain its martial arts facilities and supervision in a manner substantially consistent with the conditions at the time of this Agreement. The Company reserves the right to: 1. Replace, alter, or change staff members at any location 2. Modify class schedules or close facilities as needed 3. Adjust privileges and rights related to facility and equipment usage Classes and equipment availability are subject to demand and may be crowded during peak hours. If demand fluctuates, classes may be rescheduled or discontinued. The Company may change class times or instructors without prior notice.
8. Assumption of Risk, Health Requirements, and Liability Waiver: Buyers acknowledge that they are engaging in physical exercise, including the use of equipment, training, testing, weapons, and instruction, all of which carry the risk of injury. By voluntarily participating in these activities, Buyers assume full responsibility for any risk of injury. Health and Safety: Buyers should consult a physician before engaging in classes. Buyers agree not to participate in any class if they have any medical condition (including open cuts, abrasions, sores, infections, or any condition affecting hygiene) that poses a direct threat to their health or the health and safety of others. Buyers are responsible for determining, in consultation with a physician, whether any medical condition exists and whether it poses a risk to themselves or others. Buyers must use facilities in accordance with all public health requirements. Liability Waiver: The Company, its assignees, employees, officers, and agents are not liable for any injury, loss of life, or damages sustained indoors, outdoors, or during transportation. Buyers agree that any injury or loss sustained may be used as a defense by the Company or its assignees in legal matters. Buyers have carefully read and fully understand this waiver and acknowledge that it is a release of liability. Buyers further agree to release the Company from any liability for theft or loss of personal property.The Company does not evaluate or recommend whether Buyers are physically fit for any exercise activities. It is always advisable to consult a physician before participating in any physical exercise program.
9. PAYMENT PLAN: If Buyers have selected the ATLAS payment plan, they authorize the Company, its agents, or its assignees to withdraw funds from the specified account for membership fee transactions until the balance is paid in full. If Buyers choose to pay the remaining balance of their membership fee in full, the Company may charge or withdraw the full amount from the Buyer’s account. If Buyers discontinue payments through the ATLAS payment plan and the Company agrees to an alternative payment method, Buyers must continue making regular monthly payments until the balance is fully paid. If Buyers fail to continue payments, the Company reserves the right to process the payment through ATLAS again and withdraw the full outstanding amount from the Buyer’s credit card or bank account.
10. ENTIRE AGREEMENT: This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, or understandings related to this Agreement that are not explicitly stated within it are considered waived. This Agreement may only be modified in writing. The Company and/or its assignee is authorized to correct any errors in the Agreement. No verbal changes are binding—any modifications must be in writing and signed by both parties.
11. Governing Law and Legal Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law principles. If any part of this Agreement is found to be invalid, the remaining provisions shall remain in effect. Buyers agree that exclusive jurisdiction for enforcing rights under this contract, or any disputes related to this Agreement, shall be in the Circuit Court of Fairfax County, Virginia. Any legal action against the Company, or its employees, related to this contract or personal injury, must be filed within one (1) year from the date of injury or breach—whichever occurs first.
12. Company’s Rights and Flexibility in Enforcement: The Company reserves the right to delay or refrain from enforcing any of its rights under this Agreement without forfeiting them. The Company may extend the time for making certain payments without extending others. Any delay or leniency granted by the Company does not waive its rights under this Agreement.
13. Correspondence and Membership Cancellation: All correspondence must be submitted via registered or certified mail to the location where the Buyer initially registered. In the event of membership cancellation, Buyers must include the following with their written cancellation notice: The original contract (if applicable), Membership card, any other documents or evidence of membership Failure to return these items may delay or affect the cancellation process.
14. Cancellation: Buyers enrolled in Evening Programs (after school and camp are not included) Only may request a membership cancellation if they move their residence and workplace more than 25 miles from Kaizen facilities (proof required). Cancellation requests must be submitted in writing, and a $200 cancellation fee will apply. In addition to the cancellation fee, buyers agree to pay the membership rate difference based on the following: $230 per month for a 3-month program, $190 per month for a yearly program. The total owed will be calculated based on the number of months the buyer attended classes. If the buyer received free gear, an additional $40 charge will apply. A 7-day grace period is granted if the cancellation notice is submitted after a payment withdrawal. Members may also cancel their agreement if they provide written proof from a physician verifying that the use of Kaizen’s facilities and services would permanently impair their health. The physician’s note must confirm that the condition prevents participation for the remainder of the agreement term.
15. Freezing: Only members who sign up for the Evening Program on a 12-month membership plan (After-School Program not included) have the right to freeze their membership for one (1) month per year, upon agreement with the Company. During the frozen period, Buyers will not be charged for that month. In this case, the agreement will be extended to 13 months, ensuring that 12 monthly payments are still collected in full. Membership resumes automatically after the freeze period ends. Seasonal pauses such as freezing membership for winter due to cold weather or for the summer season due to travel will not be accepted. Membership cannot be paused if a child loses interest in classes. It is the Buyer's responsibility to encourage their child to maintain discipline and complete the program—just as they would in public school, where students do not leave a grade unfi
are designed to teach self-defense, prepare students for competition, and instill essential life values such as independence, confidence, respect, and discipline. I acknowledge that the school is not responsible for the supervision or care of my child(ren) while they are attending the after-school program, summer camp, or any other programs or events. Furthermore, I confirm and agree that my child(ren) are free to come and go from the school and are not required to attend if they choose not to. This clause ensures that our facility maintains an exemption from daycare licensing and must be included in the agreement.
17. After School Pick up: If enrolled in the Afterschool Pick Up Program, Buyers understand that tuition is based on a monthly rate. Regardless of the number of weeks in a given month, no refunds will be issued for absences due to illness, vacation, or withdrawal—whether partial or full. Month-to-Month Trial Plan: Buyers may discontinue enrollment by providing written notice at least two weeks prior to the payment due date. If notice is not provided at least two weeks in advance, a $300 penalty will be applied to the Buyer’s account. Full school Year Plan: Buyers understand that this plan does not allow cancellation, just as students in public school do not leave a grade unfinished. General Policies (Applies to Both Plans): No exceptions will be made regarding the late pick-up fee, which is $10 per 10 minutes past the scheduled pickup time. Full-day camps on teacher workdays and weekly camps (such as Winter Break or Spring Break) are available at an additional cost.
18. Summer Camp: If enrolled in the Summer Camp Program, buyers understand that they are required to pay the full amount for the weeks they have selected on the Summer Camp Calendar, regardless of illness, vacation, or withdrawal. Weekly summer camp fees are non-refundable and are charged to reserve space for the selected weeks. Buyers agree to pay even if they cancel before the camp start date since their reservation takes up a slot. Camp days cannot be split across multiple weeks for the reserved period, even if the child does not attend. Kaizen MMA is not responsible for lost items, as we strive to teach children independence rather than managing their belongings for them. Items left behind may be donated to maintain cleanliness in the facility. Wet items, such as towels, will not be stored for extended periods.
19. Photograph and Media Consent: I hereby authorize the school and its agents, successors, and assigns to photograph, record, and use images and/or voice recordings of me and/or my child(ren) without restriction. I understand that these photographs and/or recordings may be used for any commercial purpose, including but not limited to promotion and marketing of the school. I agree that no compensation of any kind shall be owed to me or my child(ren) for the use of such images or recordings.
By signing below, I agree with all provisions of this Agreement.