This contract is between Elite Leadership Martial Arts (the "Business") and {contact_name} (the "Client") dated {sign_date}. This agreement is for the monthly payments for classes at Elite Leadership Martial Arts
Terms
Card on file
I authorize this business to keep my credit card on file for any future transactions until I request a cancellation. I understand that the terms of this authorization will remain in effect until I request that they be terminated. I acknowledge that I am responsible for making this request in writing.
Recurring charge
This recurring charge is to cover the cost of classes at Elite Leadership Martial Arts. I authorize this business to charge and keep my credit card on file for the monthly tuition amount starting today and for the same amount on a monthly basis thereafter. I acknowledge that I will receive a receipt for each charge made and that no prior notification is needed unless the date or amount of a charge is subject to change, in which case the Business must notify me of such changes at least 15 days in advance of when the change(s) will take affect. I understand that the terms of this authorization will remain in effect until I request that they be terminated. I acknowledge that I am responsible for making this request at least 15 days in advance of the next scheduled charge date to ensure I am not charged again.
CONSUMER’S RIGHT TO CANCELLATION
You may cancel this agreement without any penalty or further obligation with written notice provided to Elite Leadership Martial Arts within ten (10) days from the agreement date. Notice of cancellation must be in writing, signed by the Buyer and either delivered in person or mailed, by registered or certified mail to the Seller at the address indicated herein. Letter must be mailed to Elite Leadership Martial Arts 7 - 120 San Antonio Dr Hamilton Ontario Canada L9C 5N2 . All moneys paid pursuant to this Agreement and any credit or loan agreements for such payment shall be refunded and returned by the Seller within 15 business days of receipt of such cancellation notice.
ADDITIONAL RIGHTS TO CANCELLATION
You may also cancel this Agreement for any of the following reasons:
a) If you become disabled for at least two (2) months during the member term and that disability is confirmed in writing by a physician, you have the right to cancel this agreement immediately upon receipt of the notice;
b) If you/your child die(s), your estate will be relieved of any further obligation for payment under the Agreement not then due and owing;
c) If you move your residence more than 20 Kilometers further from the facility from your current location this membership can be cancelled under this section requiring written proof of new permanent address, and phone number sent by certified mail only and requires a 30 day advanced written notice. A $20 cancellation fee may be charged at the discretion of the business. A residence investigation will then be conducted.
d) If the studio is closed continuously for a month or more, your agreement will be cancelled immediately, except if the closing is not the fault of the facility, in which case the choice of remedy is the studio’s. In the event the Business closes and ceases doing business, you are no longer obligated to make payments under this agreement.
e) For any other reason you may request cancellation of this agreement. 15 days written notice must be given prior to cancellation date. Any scheduled payments during that period will still be paid to the Business. Elite Leadership Martial Arts will review your request and upon approval will cancel the agreement.
Members agree to pay any overdue balance before they are able to cancel their agreement.
ASSUMPTION OF RISK, CONSENT, RELEASE AND WAIVER:
In consideration of mutual agreements which I and/or my guests will use the premises of:
ELITE LEADERSHIP MARTIAL ARTS
(Hereinafter referred to as “Business”),
which I acknowledge to be beneficial to me, I acknowledge and agree to the following:
I warrant and represent that I/my child am/is in appropriate physical condition of the physical activities in which I/my child will participate and that such physical activates, even non-contact 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/my child 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 persons 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/my child 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 Business 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/my child may incur and to cover myself/my child 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/my child at the facilities of the Business.
PICTURE/VIDEO RELEASE
I hereby consent to the Business taking photographs or video image of me/my child while in classes or otherwise in the public premises of the Business and hereby irrevocably grant the right to use my/my child's image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on the website.
PERSONAL PROPERTY WAIVER
The Business shall not be liable for any loss or theft of my personal property. I also specifically agree that the Business 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.
OBLIGATION TO PAY
Buyer will not be relieved of his/her obligations to make payments agreed to for Member’s failure to use Elite Leadership Martial Arts facilities.
CHANGE OF NAME/ADDRESS
Elite Leadership Martial Arts must be notified, in writing, of any name or address change.
DISHONORED CHEQUE, DRAFT, CREDIT CARD CHARGE OR EFT TRANSFER
If any cheque, draft, credit card or EFT transfer payable to Elite Leadership Martial Arts is not honored, Elite Leadership Martial Arts will: assess a $20.00 collection fee for each such item; collect the current and past due amounts at it's earliest convenience.
UNPAID BALANCES
All balances in arrears over thirty (30) days are subject to a monthly service charge. Any unpaid balance for membership fees, goods or services past thirty (30) days may result in automatic suspension of Academy privileges and may be reported to third persons. Buyer is obligated to pay any collection and/or legal costs incurred by Elite Leadership Martial Arts for collection. Elite Leadership Martial Arts reserves the right to charge Debit/Credit Cards or Bank Accounts for all overdue balances and late fees.
RULES, REGULATIONS AND SCHEDULES
Proper uniform must be worn at all times in all areas of Elite Leadership Martial Arts during classes. Member agrees to abide by all Elite Leadership Martial Arts rules, regulations, schedules and fees as may be posted in Elite Leadership Martial Arts or issued orally. Academy rules, regulations, schedules and fees are subject to change at Elite Leadership Martial Arts sole discretion.
RIGHT TO REVOKE MEMBERSHIP
Elite Leadership Martial Arts reserves the right to suspend or revoke membership, without refund of membership fees, for a breach of Academy rules or regulations, violations of Agreement terms, or generally undesirable behaviour as determined by Elite Leadership Martial Arts at its sole discretion.
FACILITIES, EQUIPMENT AND SERVICES
Elite Leadership Martial Arts facilities, equipment, services, classes, days and hours of operation are subject to change at Elite Leadership Martial Arts’ sole discretion. As a result of repairs, maintenance, or special occasions, Elite Leadership Martial Arts may be required to restrict the use of the facilities, equipment, limit services or cancel one or more classes. Member agrees that there will be no reduction or refund of membership fees for such reasons. In the event of a long-term interruption of all services at Elite Leadership Martial Arts (e.g., fire or other disaster), Elite Leadership Martial Arts reserves the right to freeze memberships and add the lost time once services resume. All Elite Leadership Martial Arts members must pay for any and all damages done to equipment, facilities, etc.
TRANSACTING BUSINESS
No solicitation or conducting business of any kind is permitted at Elite Leadership Martial Arts without the written approval of Management
LIMITATION OF MEMBERSHIP RIGHTS
Membership shall entitle the Member to the use of Elite Leadership Martial Arts facilities, as set forth in this Agreement. Member and Buyer shall not have any rights regarding the operation of Elite Leadership Martial Arts or services offered.
VACATION/FREEZE POLICY
A member may request, by submitting the proper form, that membership be frozen for a period of time if the member is going on vacation and/or is involved in another activity for a period not longer than 2 months that would cause them to miss classes at Elite Leadership Martial Arts. Payments during such time will be paused. Failure to use the Business does not constitute as vacation time. Requests must be made before the start of the requested time off.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. There is no reliance by Member or Buyer on any representations, oral or otherwise, not stated herein. No modification of this Agreement will be effective unless it is in writing and signed by both parties.
AGREEMENT APPROVAL
All Membership Agreements are subject to final approval by Elite Leadership Martial Arts Management. Elite Leadership Martial Arts reserves the right to refuse this agreement for any reason at our sole discretion.
GOVERNING LAW
This Agreement will be interpreted in accordance with the laws of the Province of Ontario. If any provision of this Agreement is deemed invalid, the same will not affect the enforcement of any other provision of this Agreement.
TRANSFERENCE OF AGREEMENT
This agreement may be transferred to an immediate family member upon request and approval of the management of Elite Leadership Martial Arts.
BILLING ON FILE
All members must have valid and current billing information on file at all times. Members cannot have a monthly billing membership without a valid and active chequing, savings or credit card on file. If a member fails to provide Elite Leadership Martial Arts with proper billing information, Elite Leadership Martial Arts reserves the right to accelerate his/her fees for the designated term, plus an additional $50 service fee penalty due immediately.
SALES TAX
In addition to the cost of this membership, Member agrees to pay any and all sales, value-added, and other taxes levied or assessed by any government authority by reason of this Agreement and which are at law collectible from the Member.
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