In The United States Of America, at 171 Branham LN STE #2A San Jose CA, 95136 between the school of martial arts "Kings Martial Arts Academy LLC" represented by General Manager Bradley Cole residing in The United States Of America, hereinafter "THE SCHOOL" and (THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER/NAME) represented by the following ADULT/GUARDIAN , born on , living in The United States Of America, hereinafter "THE STUDENT", the following contract has been agreed. THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER are urged to complete to a physical examination by a physician prior to using any exercise equipment or participating in any exercise class. All exercises, including the use of weights and the use of all machinery, equipment and apparatus designed for exercise, will be at the student's own risk. THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER understands that agreement to use or selection of exercise programs, methods, and types of equipment shall be the sole responsibility of THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER, and THE SCHOOL shall not be liable to THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER for any claim, demand, injury, damage, or action arising from to an injury to the person or property of THE STUDENT arising out of or in connection with the use by the THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER of the services, facilities and premises of THE SCHOOL. The student hereby releases the school and its officials.
CONSENT: When the student is a minor, this contract will be signed by his/her parent or legal guardian. The parent or legal guardian will be responsible for the student and for the payments that must be made to "THE SCHOOL". The parent or legal guardian will be responsible for any damage caused by THE STUDENT.
CONSENT TO USE OF MEDIA: THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER agrees in allowing THE SCHOOL to use media such as photo’s or videos of THE STUDENT participating in THE SCHOOL’s classes anywhere on THE SCHOOL’S website, social media, software and storefront strictly for marketing purposes only.
CANCELLATION: THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER, may cancel this agreement at any time prior to midnight of the fifth school business day following the date of this agreement, excluding Sundays and holidays. To cancel this agreement, please mail or deliver a signed and dated notice, or send a telegram stating that you, the buyer, are canceling this agreement, or words of similar effect. Notice will be sent to Kings Martial Arts Academy at 171 Branham Ln #2A, San Jose, CA 95136. You may cancel the contract at any time before midnight on the fifth day that the school is open to the public after the date the contract is signed. Sundays and holidays are excluded when counting the five days. For example, if the contract is signed on Monday, it can be canceled by mailing or delivering notice to the address specified in the contract at any time until midnight on Saturday. If the gym was not open on Tuesday, the time to cancel would be extended until midnight on Monday. If the contract is signed on Saturday, the exclusion of Sunday (even if the club was open on Sunday) means that it could be canceled by mailing or giving notice at any time before midnight on Friday. Upon cancellation, all payments must be refunded within 10 days of receipt of notice of cancellation by the health club, except that you must pay for any services you received prior to cancellation.
DEADLINES: Annual contract: No contract may exceed three (3) years, nor will it require payments or financing that exceed the term of the contract. If the student(s) permanently moves their residence more than 25 miles from an affiliated area, payment of this agreement will be suspended upon payment of an appropriate cancellation fee of $50.00 and legitimate verification of the move. Annual agreements will automatically renew after their terms, unless a 30-day notice to cancel or renew to open end is served.
MEMBERSHIP: THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER agrees and commits to the following membership, the benefits, restrictions terms of it - see King's Martial Arts membership programs -
1 YEAR AGREEMENT CANCELLATION: If due to death or permanent disability, THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER is unable to continue membership, THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER will be relieved of the obligations of this contract. If the student(s) permanently moves their residence more than 25 miles from an affiliated area, payment of this agreement will be suspended upon payment of an appropriate cancellation fee of $50.00 and legitimate verification of the move. If THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER has a loss of interest in the program, change of schedule, change of heart or cannot attend classes for reasons other than death or permanent disability, THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER agrees pay an appropriate cancelation fee of $225 per member according to their membership code. (For Example, 2S1L is 2 students, 1 lesson per week, meaning to cancel the agreement the cancelation fee would be $450 total) Upon satisfying the cancelation fee, THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER forfeits their membership with THE SCHOOL and can no longer attend classes at THE SCHOOL unless a new agreement is signed. THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER agrees to follow the rules of THE SCHOOL promulgated from time to time. Violation of these rules may be cause for suspension or termination of membership. ALL memberships automatically roll over to the same period length.
MONTH TO MONTH AGREEMENT CANCELATION : 5-day notice prior to next billing date is required to cancel agreement; otherwise, a $50 cancellation fee will be charged. If THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER permanently moves their residence more than 25 miles from an affiliated area, payment of this agreement will be suspended upon payment of an appropriate cancellation fee of $50.00 and legitimate verification of the move. Without a 5 day cancellation notice from the next scheduled payment, the month-to-month contract is automatically renewed and THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER is obligated to pay the next payment.
ANY HOLDER OF THIS CONSUMER CREDIT AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES THAT THE PURCHASER/STUDENT MAY MAKE AGAINST THE SCHOOL AS A RESULT OF THIS AGREEMENT. THE RECOVERY BY THE PURCHASER/STUDENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE PURCHASER/STUDENT TO THE SCHOOL PURSUANT TO THIS AGREEMENT. YOU, THE BUYER, MAY CANCEL THIS AGREEMENT BEFORE MIDNIGHT OF THE FIFTH SCHOOL BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, AND SUCH CANCELLATION MUST BE IN WRITING TO THE SCHOOL. IN THE EVENT THE SCHOOL CLOSES AND GOES OUT OF BUSINESS, YOU ARE NO LONGER OBLIGATED TO MAKE PAYMENTS UNDER THIS AGREEMENT.
NON-COMPLIANCE AND DELAY IN PAYMENT: If THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER fails to meet any payment obligation under this agreement, the entire remaining balance will be deemed due and payable upon demand, and THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER agrees to pay allowable interest and all costs of collection, including but not limited to collection agency, fees, court costs and attorney fees. If any monthly payment is more than 10 days late, THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYER will be charged a late payment fee of $15 to cover additional administrative fees and other costs associated with obtaining THE STUDENT AND PARENT/LEGAL/GUARDIAN/BUYERS payment. A fee will be charged for all returned payments.
PAYMENT PAUSE: Payments can be paused at any time for up to 6 months, but the member must notify THE SCHOOL 5 days before their next billing day. If a member wishes to pause payments, the 5-day notice to pause must be satisfied or a $50 fee will be assessed.
REFUNDS: THE SCHOOL does not offer any refunds if the member has been charged, regardless if the student has not been attending classes.
For all the purposes derived from this contract, the parties establish their domicile in the city of San Jose, CALIFORNIA, and submit to the Jurisdiction of their Courts. This contract is signed, THE STUDENT/ THE BUYER declaring to have received a copy of said instrument in this act.
STUDENT/ THE BUYER SIGNATURE