By signing this agreement,
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 non contact activities, carry a risk of serious injury including substantial permanent injuries, and/or death. Ultimate Martial Arts & Kickboxing, hereby referred to as UMAK, 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 UMAK 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 in person or online.
Furthermore, I agree on my behalf and behalf of my representatives, estate, successors and assigns to defend UMAK from and against any and all claims and liability that may arise by reason of activities at the facilities or online, 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 or by training via online sessions or available videos.
The UMAK shall not be liable for any loss or theft of my personal property. I also specifically agree that the UMAK 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 hereby grant and the UMAK the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. I understand and agree that these materials shall become the property of the UMAK and will not be returned. I hereby hold harmless, and release the UMAK from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
MEMBER STATEMENT OF UNDERSTANDING
CONSUMER'S RIGHT TO CANCELLATION
Any/all requests for cancellation requires written notice of request by email to [email protected] for cancellation to be considered. All accounts must be current and in good standing in order to start cancellation process. Once cancellation request is received, client will be send the cancellation form with clear instructions for activating the 30 Day Cancellation policy and conditions. Membership will cease and close 30 days after cancellation form submission and approval. Cancellations do not warrant refunds for any reason.
NOTICE OF CONSUMER’S RIGHTS
1. I understand the member/I 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 email to [email protected].
2. I understand if member/I becomes disabled for at least three (3) months during the member term and that disability is confirmed in writing by a physician by way of our Physicians Form, 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. I understand if the studio is closed continuously for a month or more without providing a means of instruction, via live internet sessions or video instruction through UMAK app, indoor or outdoor facility training, the member/I 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. The studio also reserves the right to transfer the membership to the nearest UMAK facility within 15 miles of the studio this membership is held. If a studio is not available, the membership can be terminated.
4. I understand that choosing to pay in full for a period of up to 12 months is non refundable for any reason. I acknowledge that I have received a considerable discount for paying in advance and accept the risk and responsibility of prepaying for provided instruction via live internet sessions or video instruction through UMAK app, indoor or outdoor facility training.
5. I understand there will be no refunds for any payments made within this or any membership agreement with UMAK. I agree to comply with this and the conditions listed on this page until said time of proper 30 Day Cancellation form is submitted and payments within those conditions are satisfied.
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 ELECTRONIC 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. If non payment exceeds 60 days, I understand my account may be referred to a collection agency.
I understand that if for any reason my payment is returned for non-sufficient funds (NSF) I will be charged a $7.00 fee per week. 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, my account may be referred to a collection agency. I will be responsible for the full contract amount including late fees, and any unpaid fees for non-sufficient funds at the expiration of this contract. By my signature I acknowledge that my rights to cancel have been explained and given to me.
ASSUMPTION OF RISK TO EXPOSURE
As with the transmission of any communicable disease like a cold or flu, you may be exposed to COVID-19, also known as corona-virus, at any time or in anyplace. Be assured that we have closely followed state and federal recommendations and have put in place cleaning protocols to limit the transmission of all diseases in our training facilities. This includes but is not limited to wearing masks, daily disinfecting mats, common surfaces and handles, and all used equipment prior to the beginning of each class.
Despite our careful attention to sanitation, disinfection, and use of masks, there is still a chance that you could be exposed to an illness in our facilities, just as you might be at your grocery store, doctors office, or favorite restaurant. Although we have taken measures to provide social distancing in our current practice, due to the nature of the training we provide it is not possible to guarantee social distancing between members and/or instructors at all times. Although exposure is unlikely, I fully accept the risk and consent to training.
I understand and agree to the above membership terms and conditions.