Acceptance of Member
By submitting this agreement, Customer agrees to fully and completely comply with all the terms and conditions hereof and PTSDA’s rules and regulations. Failure to comply with PTSDA’s rules and regulations is grounds for immediate suspension or termination of the Customer and Student.
PTSDA Karate and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Customer and/or Student for marketing, trade, publishing or any other lawful purpose. Customer and/or Student understand and agree that full payment of tuition is not a guarantee or promise of advancement.
Scheduling and content of classes and programs, furnishing of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of PTSDA Karate and may be changed at any time by PTSDA Karate. The Customer understands and agrees that examination/testing fees may not be included in the price of this agreement.
Liability Waiver and Release
The Customer understands and agrees that strict observation of PTSDA’s rules and regulations and the rules and regulations relative to martial arts training, including the use of protective equipment. The Customer understands and agrees that the use of PTSDA’s facilities and the Member’s presence at PTSDA’s facility are at the sole risk of the Customer. The Customer understands and agrees that martial arts involves skills and training which includes violent and sudden movements and that in connection with the training and instruction, there will be physical contact between instructors and students, and between and among the students that such contact may result in personal injury to the student, despite precautions taken to avoid such injuries.
The Customer hereby consents for the student to engage in such contact as may be necessary or required by student’s participation in the training program and/or classes.
The Customer, Student, and anyone claiming by or through the Customer or Student, hereby holds harmless, releases and forever discharges PTSDA Karate, its officers, directors, and representatives and the business and its instructors, agents, employees, volunteers, operators, and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by the Customer or Student and arising from the Customer’s execution of this agreement, payment processing, participation in any program offered by PTSDA Karate, including, but not limited to any injury or damage caused by the negligence of PTSDA Karate, the Business, its instructors, Members, agents, employees, operators, or authorized representatives. The Customer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she or the Students may suffer or incur as a result of his/her execution of this agreement and participation in any program offered by PTSDA Karate.
Compliance with Laws
This agreement shall be governed by the laws of the State in which the Business is located. All rights and obligations of the Business and Customer under this agreement are subject to all applicable federal, state and local laws and regulations.
To the extent that the terms and conditions of this agreement conflict with any applicable statute, rule or regulation in effect at the time of execution of this agreement governing transactions of the type contained herein, the agreement shall be deemed revised to conform with such statues, rules and regulations. The Business and Customer shall be bound by the modified agreement and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provisions hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.
This agreement may be cancelled by the Customer for any reason without penalty or further obligations within 3 days from the date hereof. Cancellation shall be made in writing and delivered to PTSDA Karate and signed off by a staff member. The Business may retain expenses actually incurred and the portion of the total price representing the services used and completed. Down payments and deposits are non-refundable.
After the first 3 days, the Customer must give written notice, delivered to PTSDA and signed off by a staff member, no less than 7 days prior to the next scheduled payment. If notice is given in less than 7 days, the next payment draft will be made, and cancellation will take effect for the next scheduled payment. Failure to attend class or program does not constitute or imply notification to or cancellation of this agreement. Customer retains membership rights and privileges until the billing period has expired.
Non-payment, or declined payment of scheduled payments in excess of 14 days shall constitute default under this agreement. If this agreement is in default, the entire amount owed hereunder shall become immediately due and payable, litigation may be initiated to collect all amounts due or the account referred to collection. In the event of default in payment or breach of this agreement, PTSDA Karate shall be entitled to recover their reasonable attorney fees, court costs, and interest on any past due amount at the rate of 1.15% per month.
Any person(s) signing this agreement, whether as a Customer, co-signer or otherwise shall be jointly, severally and individually liable to PTSDA Karate for the full Billing price as if such person signed as the collection, including but not limited to collection agency fees, court costs, attorney’s fees, and late charges that may be incurred in the event of a default.