Membership Agreement Terms & Conditions
1. DEFAULT. You will be in default hereunder if you breach any of this agreement terms or conditions, fail to pay any installment within 30 days after the date when such installment is due, or epudiate this agreement in writing. The acceptance of any payment after default will not release Buyer from any other obligation under the agreement. Payments are applied first to late fees, interest or other non-dues charges assessed, if any, and then to dues payments in the order in which same are scheduled herein to be made. Should default be made in any membership payment, all unpaid installments due hereunder, less that portion of such installment representing unearned finance charges, shall immediately become due and payable, without notice, together with all cost of collection including reasonable attorney’s fee in case this note is collected by or through an attorney at law who is not salaried employee of the holder. In the event of a default hereunder the entire remaining balance shall bear interest at 18% A.P.R> since the date of default or the highest rate allowed by law.
2. FAILURE TO ATTEND CLASSES. Buyer shall not be relieved of obligations to make any payments of the membership or monthly dues by reason of Member’s failure to attend or use the health club.
3. ASSIGNMENT/TRANSFER OF AGREEMENT BY SELLER. This agreement may be assigned by Seller and, if so assigned, the words “Company” and “Seller” will also mean the company to which this Agreement is assigned or transferred. If this agreement is assigned, the Assignee shall have and be entitled to exercise any and all rights and powers of Seller hereunder but (notwithstanding anything in this agreement to the contrary) Assignee shall not be chargeable with any obligations or liabilities of Seller hereunder or with respect thereto. In the event of assignment, Seller reserves its rights to assert any defenses it has or may have under this Agreement or with respect thereto.
4. NON-TRANSFER OF MEMBERSHIP BY MEMBER. Memberships are not transferable by Member or Buyer.
5. PRIOR AGREEMENT WITH MEMBER. The existence of any previous unpaid agreements in default between Member or Buyer and Seller will give Seller the right, in its sole discretion, to void this agreement.
6. RIGHT TO CANCEL. You are permitted to cancel this agreement at anytime with 30 days written notice provided you deliver your written notice of cancellation in person to Mat Life Training Center and pay a cancellation penalty of $199. Memberships paid in advance are not refundable. If the agreement as not been paid in full then all monies owed at the point of cancellation mus tbe paid before this agreement can be cancelled. If the cancellation fee provided for herein is not paid along wiht the notice then this agreement will remain in full force and effect. Cancellation fee does not apply to cancellations under the 3 day right to cancel provisions or cancellations in the event of member’s death or disability or if the academy moves or ceases operation.
7. DEATH OR DISABILITY OF MEMBER. Memberships may be cancelled without cancellation fee upon proof of disability or death. Physical disability, sufficient to warrant cancellation of the agreement by the Buyer, shall be established if the Buyer furnishes to the academy a certification of such disability by a licensed physician under chapter 458, 459, 460 or chapter 461. This requires a letter from Buyer’s physician on his/her letterhead stating the nature of the Buyer’s illness and that said illness prevents Buyer from using a substantial portion of services contracted for herein.
8. CLOSING OF COMPANY FACILITY. If the Company closes or moves the facility at the address designated in this agreement and fails to provide other facilities of equal quality at no additional cost to Buyer within 30 days and within 5 driving miles of the original address the Buyer may cancel this membership with written notice to the academy. The Company shall not be deemed to have gone out of business when temporarily closed for repair and renovation of premises, upon sale for not more than 14 consecutive days and during ownership, for not more than 7 days in any calendar year with not more than two periods of 7 consecutive days in any calendar year.
9. ACTS OF GOD/FORCE MAJEURE. Except as prevented by act of God, war, strike, and other cause beyond its control, Seller shall during the term of Member’s membership maintain its academy and the supervision thereof substantially as at the date of this Agreement. Seller reserves the right and privilege at any time hereafter to close any of its facilities or alter its hours of operation, and the privileges and rights granted to Member herein to use the facilities and attend classes shall not be understood to mean Seller guarantees to maintain any particular location or all of its existing facilities. Classes are available subject to demand, may be crowded at peak hours and may be discontinued or availability times changed if demand fluctuates.
10. WAIVER & RELEASE. By signing this agreement you acknowledge that a) you are engaging in martial arts, combat sports, and related training and instruction which could cause injury to you; b) understand that Mat Life Training Center is an instructional center and not a health studio; c) assume all risks of injury to you that might result during such activities; d) waive any claims or rights you might otherwise have to sue the Company, its employees or agents for injury to you on account of these activities or your own negligence; e) having carefully read this wavier and fully understanding that it is release of liability; and f) that the Company will make no evaluation or recommendation as to whether Member or Member’s guests are sufficiently fit for any physical activities. It is always advisable to consult your physician before undertaking a physical training program.
11. REPRESENTATIONS AS TO ABILITY TO ATTEND CLASSES. Buyer and Member warrant, represent and agree that Member is in good physicall condition and the Member has no disability or impairment or ailment preventing Member from engaging in active or passive physical training or that will be detrimental or inimial to Member’s health, safety, or physical condition if Member does so engage or participate. Member represents that he/she will not use the facility with any open cuts, abrasions, infections, maladies with the potential of harm to others, or otherwise in accordance with public health requirements. Management shall have final determination in this regard and such decision will be final.
12. DRESS CODE. Shirts, rashguards, or training uniform tops must be worn at all times while in training facility. Shoes are not allowed on the matted floors.
13. GUEST PRIVILEGES. Circumstances permitting, members may have friends attend classes as guests. The company reserves the right to impose a guest charge. A Member must not permit any of his/her guests to use the facility more than once in any year. Guests must sign a guest registration card and agreement. All guests must be under the supervision of our staff or instructors. Member agrees to indemnify the Company, its affiliates, ages and employees against any and all liability incurred by them to any person brought into the facility as a guest.
14. NO COMPETING BUSINESS. It is prohibited for any Member or guest to conduct any commercial business or activity, or solicit any business competitive with that of the academy (including personal training services), from or on the academy premises without the prior express written consent of management. The Company will seek to recover any revenues received by Member or guest in violation of this policy and attorney’s fees and court costs incurred in that regard. It is prohibited for any Member or guest to purchase or subscribe to any such prohibited business activity.
15. DAMAGE TO ACADEMY PROPERTY. Any member ot negligently damages property of the Company will be charged for replacement or repair of the damaged property.
16. RETURNED CHECKS, CREDIT CARDS, DEBIT CARDS. Member will be assessed a fee equal to the maximum amount permitted by law, including expenses incurred by the Seller in connection with the collection of any returned item.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, understandings, and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein, are hereby rendered null and void. This Agreement may be modified only by an instrument in writing signed by Seller and Buyer and/or Member. Seller and assinee of this Agreement are hereby authorized to corret patent errors in this Agreement (and in other documents, if any, executed in connection herewith). At Seller’s option, this Agreement shall be null and void if it is not completed by Seller’s employee in accordance with Seller’s then-current price and payment programs. No change to any printed term in this Agreement shall be valid.
18. GOVERNING LAW. This Agreement is governed by the laws of the State of Florida and the United States.
19. SEVERABILITY. If any particular provision of the Agreement is invalid, the same shall not affect the other provisions hereof.
20. DELAY IN ENFORCEMENT. The Company can delay enforcing its rights under the Agreement without losing them.
21. CHANGE OF OWNERSHIP. If the ownership of the academy changes, the new owner, within 10 days of such change, shall provide each member with notice of the rights and obligations of the members affected by such change.
22. TERM. The initial term of this agreement will be for a period not in excess of 12 months and thereafter shall be renewable (if renewable membership is purchased) no more often than monthly.
23. BONUS TIME. To the extent that you are provided with membership privileges for which no charge is imposed in connection with a sale, promotion, or otherwise, it is agreed between the parties that such time shall be deemed bonus time, and failure to use the said “bonus time” for any reason whatever does not entitle Member to any cash refund. All bonus time will be added to the expiration date.
24. VERIFICATION OF MEMBER’S REPRESENTATIONS. Representations by Member to obtain a special membership at posted discount price, are subject to verification and Member agrees that any false represenation found to have been made by him/her shall entitle the Company to cancel the Agreement and revoke Member’s membership without refund of any payments made hereunder, which payments shall be retained as liquidated damages.
25. HOURS OF OPERATION. Operating schedules of Company facilities may be changed from time to time. Please check the periodic posting for the schedule of the facility you wish to attend.
26. RENEWAL DUES: Shall continue regardless of use until Member notifies Seller in writing (30) days before renewal anniversary that member wishes to cancel this membership. Regardless of such cancellation, however, any oustanding Membership Fee shall remain due in full. Member may, within thirty (30) days of the date of this agreement or the anniversary date of this agreement pay in advance for a full year of renewal dues. Monthly dues will continue unless Mat Life Training Center is notified in writing in which even a minimum of 30 days’ notice is required. If renewal dues are not paid within thirty (30) days of buyer’s renewal date, membership will be cancelled.
27. FREEZE TIME. The member may, during the period of this Agreement, “freeze” the membership privileges created hereunder for a period of up to three (3) months, in increments no less than one (1) month at a time, during each calendar year of the original agreement period by giving written notice to company. Such “freeze” time shall be added to the end of the membership period specified herein. The Member’s liability, however, for any regular monthly payments called for hereunder shall not be suspended or otherwise abated during and “freeze” time used. The once “frozen” cannot be “re-frozen”.
28. MISCELLANEOUS. Management reserves the right to alter or amend these rules or change the fees at any time.
29. LOST AND FOUND. The Company will no tbe held responsible for lost or stolen articles and highly recommends that you leave all valuables at home when coming to the academy. The academy maintains a lost and found area but cannot guarantee the security of these items. Items left in the lost and found area over 7 days will be donated to charity.
This membership includes use of academy facility during eligible class times and excludes premier services such as small group training, clinics, special programs, testing, food, beverage, and any other new services Mat Life Training Center deems as premier.