Terms & Conditions
NOTICE: Any holder of this consumer credit agreement is subject to all claims and defenses which the debtor(s) could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the debtor(s) shall not exceed amounts paid by the debtor(s) hereunder.
DEFAULT: You will be in default if you breach any of this Agreement’s terms or conditions, if you fail to pay any installment due under this Agreement within 30 days after the date when such installment is due, or if you repudiate this Agreement in writing. If you are in default, all rights and privileges under the Membership Plan may be denied. Seller’s acceptance of any payment after any default under this Agreement will not release you from obligations under this Agreement. In the event of a default under this Agreement, Seller may accelerate and declare all unpaid installments of the Cash Price and all other indebtedness under this Agreement immediately due and payable, without notice or demand.
You may not be relieved of your obligations to make any payments herein agreed to, and no deduction or allowance from any said payments shall be made, by reason of: (i) the absence or withdrawal of Member from the Membership Plan, or (ii) Member’s failure to attend or to use the Membership Plan.
TERMS: Net 30 days. Interest at the rate of 1 ½% per month (18% per annum), will be charged on all past due balances. In the event the account is delinquent and satisfactory arrangements have not been made for payment, the undersigned agrees to pay all legal fees, attorney fees, court costs, including charges and collection agency fees of up to 35% of the principal balance assigned, with or without suit. Should any monthly payment become more than 5 days past due, you will be charged a late fee of $20. Buyer authorizes Bana Martial Arts or its representatives to obtain a credit report. Buyer may prepay the balance of this agreement at any time.
Except as prevented by act of God, war, strike and any other cause beyond its control, Seller shall, during the term of the Membership Plan, attempt to maintain each Facility and the supervision thereof substantially as each exists on the date of this Agreement. Seller reserves the right and privilege at any time hereafter to close, to relocate or to alter any Facility or to alter the hours thereof, and the privileges and rights granted to Member herein to use the Facility and equipment shall not be understood to mean that Seller guarantees to maintain any particular class, equipment, instructor or schedule. Class and equipment are available subject to demand and may be crowded at peak hours, or may be discontinued or times changed if demand fluctuates. Seller reserves the right to close gym for maintenance, holidays, or for any other temporary reason at the sole discretion of the Seller.
CANCELLATION: This agreement is for number of payments indicated in Payment Schedule (section “B”). Payments will continue after the initial term indicated on the Payment Schedule on the month-to-month program at the price of $119 per month until buyer terminates agreement. You the buyer may cancel this agreement only after the number of monthly payments indicated by sending a written cancellation notice to the school at the address listed at the top of this agreement or by email to email@example.com, thirty (30) days prior to the next payment due date on the agreement. This notice must be sent via certified mail or if by email it shall be deemed certified with a return email from Seller. All membership dues payments must be brought current and all items (property of the school) must be returned at the time of cancellation. CANCELLATIOIN MAY NOT BE DONE BY PHONE. THERE WILL BE NO REFUND OF PREPAID MEMBERSHIP DUES.
IF THIS HEALTH SPA CEASES OPERATION AND FAILS TO OFFER AN ALTERNATE LOCATION WITHIN FIVE (5) MILES, NO FURTHER PAYMENTS UNDER THIS CONTRACT SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.
TRANSFER: This agreement may not be assigned without written consent of Seller.
RULES AND REGULATIONS: Buyer agrees to abide by all club (Seller’s) rules and regulations whether written or verbal. If Buyer is unaware of specific rules it is Buyer’s responsibility to speak to an instructor regarding rules and regulations that Buyer must abide.
MINOR: All Buyer/members that sign the membership agreement, or waiver shall be assumed to be 18 years of age or older, or in the case of a minor member, that the buyer is the parent or legal guardian of the minor member. By signing any of these forms, Buyer incorporates responsibility of proof of legal age and/or guardianship.
TESTIMONIAL/PICTURES: (We/I) give you and Bana Martial Arts, LLC (Krav Maga Utah dba) our permission to use our testimonial including any type of (our/my) image (photographic, video, electronic, or Internet, hereafter referred to as image) taken individually or during class times, in any type of advertising you may wish. (We/I) agree that (our/my) testimonial and image may be used in any form and that you own all rights to (our/my) testimonial and image(s).
ASSIGNMENT: Buyer acknowledges and agrees that School may assign this agreement. If assigned the word “School” will also mean the party (the “Assignee”) 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 School hereunder.
WAIVER AND RELEASE OF LIABILITY: The School urges you and all students to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the student’s sole risk. Student understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be student’s entire responsibility, and the School shall not be liable to student for any claims, demands, injuries, damages, or actions arising due to injury to student’s person or property arising out of or in connection with the use by student of the services, facilities, and premises of the School. Student hereby holds the School, its officers, owners, agents, facilities where classes are conducted, and employees harmless from all claims which may be brought against them by student or on student’s behalf for any such injuries or claims.
In consideration of being allowed to participate in any way in the program (hereafter program refers to Bana Martial Arts, LLC, Krav Maga Utah, and all other related programs), its related events and activities, the undersigned, acknowledged, appreciate, and agree that: The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS from sparring, fighting, and any other event associated with such activity by signing this agreement; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELESEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation. If however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNFY, AND HOLD HARMLESS, Krav Maga Utah, Bana Martial Arts, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lesser of premises used for the activity (“releases”), WITH RESPECT TO ANY AND ALL INJURY , DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASSEES OR OTHERWISE, to the fullest extent permitted by law; and, This waiver covers free and paid lessons and/or training, including fight training, sparring, and full contact fighting. FIGHT TRAINING IS INHERENTLY DANGEROUS AND THE SIGNEE TAKES FULL RESPONSIBILITY FOR ANY AND ALL INJURIES AS NOTED ABOVE.
Waiver of Liability
In exchange for participation in the classes, seminars, activities, and all other related events and activities organized by or related to Bana Martial Arts, LLC, Krav Maga Utah, Unified Krav Maga, and any and all other related entities and programs (hereinafter “Krav Maga Utah”), I acknowledged, appreciate, and agree for myself and (if applicable) for the members of my family to the following:
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instruction or direction given by an instructor, employee, representative, or agent of Krav Maga Utah.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Krav Maga Utah for injury, loss, or damage arising out of my or my family’s use of or presence upon Krav Maga Utah’s facilities, whether caused by the negligence of myself, my family, Krav Maga Utah, or other third parties.
I understand the risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS from practicing, training, sparring, fighting, and any other event associated with such activity by signing this agreement.
I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF KRAV MAGA UTAH or others, and assume full responsibility for my participation.
I agree to indemnify and defend Krav Maga Utah against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Krav Maga Utah.
I agree to pay for all damages to the facilities of Krav Maga Utah caused by my or my family’s negligent, reckless, or willful actions.
I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that by signing this agreement, I agree that any and all fees I pay are non-refundable.
This agreement and each of its terms are the product of an arms’ length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a party of this agreement.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(We/I) give Krav Maga Utah our permission to use our testimonials including any type of (our/my) image (photographic, video, electronic, or Internet, hereafter referred to as image) taken individually or during class times, in any type of advertising you may wish. (We/I) agree that (our/my) testimonial and image may be used in any form and that you own all rights to (our/my) testimonial and image(s)
I have read this release of liability and assumption of risk agreement, I fully understand its terms AND understand that I have given up substantial legal rights by signing it, and I sign it freely and voluntarily without any inducement.