Payment Default: If Member fails to pay an amount when due, under this Agreement, the Complex shall be entitled, at any time, in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to the Complex that are not received when due, shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to the Complex when due, Member shall pay all costs and expenses of collection incurred by the Complex, including reasonable attorney’s fees and expenses.
Disclaimer of Liability/General Release and Waiver: I understand that I have been, or will be admitted as a member of the Chelsea ATA Training Complex, the “Complex”, based in material part on this General Release and Waiver. I am fully informed and aware of the nature of the classes and physical dangers therein. As a member of the Complex, I intend to and will engage in strenuous physical activities in classes on the Complex’s premises. I understand that these physical activities involve certain risk and exposure to personal injury, which risk and exposure I voluntarily assume for myself and any member of my family, including children who visit the Complex. In consideration of the mutual covenants contained herein and other good and valuable consideration, including the use of the Complex’s facilities and the admission of members of my family including children, the receipt and sufficiency of which is hereby acknowledged, I hereby release in full and forever discharge the Complex, its Directors, Officers, Managers, Members, Employees, Contractors and Agents, and all other members and guests of the Complex, whether acting officially or otherwise, on behalf of myself or any member of my family, our Representative Heirs, Executors, Administrators and Personal Representatives, from any and all injury, liability, damages, claims, demands, and/or causes of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, including children, during or arising out of the use of the Complex’s facilities or participation in any Complex event (e.g., classes, seminars, etc).
Virtual Martial Arts Waiver & Release Acknowledgement: I agree that by participating in our virtual martial arts classes, I do so entirely at your own risk. I agree that you are voluntarily participating in these virtual martial arts activities and by participating in the use of the virtual martial arts classes, you are assuming all risks of injury, illness, or death. Neither Chelsea ATA Martial Arts, nor ATA International, are responsible for any personal injury or any damage of your personal property.
I acknowledge that I have carefully read this “waiver and release ”and fully understand that it is a release of liability. I expressly agree to release and discharge the instructor, owner and ATA International from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may other wise have to bring a legal action against the instructor and ATA International for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed. By participating in these virtual martial arts classes, you acknowledge and agree with this waiver and release of liability.
I hereby grant the Chelsea ATA Martial Arts and/or the American Taekwondo Association and its licensees permission to use my likeness in a photograph and/or video in any and all of its publications, including Web site entries, without payment or any other consideration. I understand and agree that any photographs and/or video taken will become the property of Chelsea ATA Martial Arts and/or the American Taekwondo Association and will not be returned. I hereby irrevocably authorize them to copy, exhibit, publish, or distribute this photo and/or video for purposes of publicizing or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge Chelsea ATA Martial Arts and/or the American Taekwondo Association from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I am 18 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release.
Rules and Regulations: MEMBER AGREES TO FOLLOW CLUB RULES PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership by the Complex without a right to be refunded any prepaid fees and without relieving Member of any payment obligations set forth in the Membership Agreement, including the Note (hereafter collectively referred to as “Agreement”). Severability: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
Notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS and DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of the Agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Michigan and the application of Michigan law.
Entire Agreement: The Member and the Complex acknowledge that this Agreement constitutes the entire Agreement. It cannot be amended except in written form executed by both parties.
Cancellation: This Agreement is not cancellable by Member except as expressly provided for in this Agreement, including, without limitation by reason of Member’s failure to utilize the facilities of the Complex. In the event the Complex agrees, at its own discretion, to release Member from this Agreement for any reason not specified herein below (see “Buyer’s Rights”), Complex reserves the right to charge retroactively the Member for any difference between the “month to month” rate and any discounted rate given for a “monthly agreement.”
Paid in Full: Paid in full memberships are non-refundable.
Transfer: Member may not transfer or assign, in whole or part, any of his/her rights, interests and obligations created by this Agreement. The Complex shall have the right to assign or transfer, in whole or part, this Agreement and all rights, interests and obligations created by it.
Buyer’s Rights:
Permanent Disability. If by reason of death or permanent disability, the Member is unable to engage in all activities associated with membership with the Complex and acceptable written proof of death or permanent disability, including verification from a qualified physician, is sent by member via certified mail and received by the Complex, he/she and his/her estate shall be entitled to cancel the Agreement and be relieved from his/her obligation to make payments there under, except those payments that became due prior to the effective date of the permanent disability cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent disability, he/she shall be reimbursed the prepaid amount (excepting the one time membership fee) less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the Complex’s standard, month to month membership rate.
Permanent Relocation: Should Member(s) permanently relocate their residence more than 30 miles from an ATA Complex, Member may cancel this Agreement. A payment suspension pursuant to this section is contingent on member (s) tendering to the Complex, via certified mail, written verification of the move, which must be deemed acceptable proof by the Complex. Notwithstanding cancellation pursuant to this section, Member(s) shall remain liable for all payments that became due under the Agreement prior to the effective date of the permanent relocation cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent relocation, he/she shall be reimbursed the prepaid amount (excepting the one time membership fee) less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the Complex’s standard month to month membership rate.
Freeze Policy/ Effective Date of Freeze or Cancellation: Member may request in writing that his/her entitlement to use the Complex’s facilities under this Agreement be put on hold for one period of time not exceeding thirty (30) days (a “freeze period”). For good cause shown by Member, and if Member is not in default under the Agreement, the Complex will extend Member’s entitlement to use the Complex’s facilities a like time as any freeze period granted. During any freeze period, all terms of the Agreement continue in full force and effect, including the Member’s payment obligations. The effective date of any freeze or cancellation requested pursuant to this Agreement shall be thirty (30) days from the Complex’s receipt of any written notification of the Agreement. Member shall remain obligated to comply with the terms of this Agreement and all payments due hereunder until the effective date of termination.
Early Termination: All membership agreements are cancellable with thirty (30) days written notice. Failure to provide notice may result in early termination fees as stated in the section titled "Early Termination Fees".
Early Termination Fee: Member who has purchased a 6, 12, or 24 month membership has the right to terminate this contract by paying the “early termination fee”. The total fee is calculated by multiplying 15% (six month agreement) or 20% (all other agreements) to the number of the months remaining in either a 6, 12, or 24 month purchased contract.
Damage, Destruction, or Condemnation: Should the facilities be unavailable due to damage by fire, act of God, catastrophe, war or accident, or in the event of destruction or condemnation of the premises, the Complex will have a reasonable time to reconstruct the premises or find suitable replacement thereof within a close proximity of the present Complex. Full time missed for the above reasons will be extended. Update Emergency Contact Records: Member agrees to provide prompt written notice to the Complex of any changes in the Member’s contact information furnished on this Agreement, including, but not limited to any changes in Member’s current mailing address, employer information and emergency contact.
No Waiver: The Complex may enforce any term of this Agreement, or exercise any right created by this Agreement, regardless of the number of times it has opted not to enforce the same term or exercise the same right in the past.
Notices: All notices required by this Agreement shall be tendered to the Complex at 310 N. Main St. Suite 204, Chelsea, MI 48118, unless Member receives written notice from the Complex instructing otherwise.
General: The Complex reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by the Complex and may be changed at any time in its sole discretion. The Complex expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of the complex. Membership does not confer on Member any ownership interest in the Complex or any of its property.
Liability Waiver
I, realize that any activity sponsored by The American Taekwondo Association may hold unforeseen potential for injury, illness or any other misadventure for which I accept full responsibility for my own actions.
Instructors will, at all times, exercise reasonable care and safety procedures for all persons attending this course. It must be understood that neither the instructor nor the organization sponsoring this instruct will assume financial or other responsibilities for injuries or illness suffered from or directly related to any training received, nor can or will be responsible for any loss to participants as a result of damage of their property, through fire, theft, or other causes. The participant must understand that this training is at the participant’s own risk. Therefore, prior to your permission being granted for your attendance in this course, you must assume risk and sign the following statements.
I, do hereby assume all risk with this activity.
I, agree to waive, and hold harmless the instructor and the sponsoring organization known as The American Taekwondo Association, from any and all liability, claim demands, or cause of action which may arise from my participation in this program.
I, have been given the opportunity to seek any questions regarding the language contained herein and feel that I fully understand the risks I am assuming.
VIRTUAL MARTIAL ARTS WAIVER & RELEASE ACKNOWLEDGMENT
I agree that by participating in our virtual martial arts classes, you do so entirely at your own risk. I agree that I voluntarily participating in these virtual martial arts activities and by participating in the use of the virtual martial arts classes, I am assuming all risks of injury, illness, or death. Neither Chelsea ATA Martial Arts, nor ATA International, are responsible for any personal injury or any damage of your personal property.
I acknowledge that you have carefully read this “waiver and release ”and fully understand that it is a release of liability. I expressly agree to release and discharge the instructor, owner and ATA International from any and all claims or causes of action and you agree to voluntarily give up or waive any right that I may other wise have to bring a legal action against the instructor and ATA International for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed. By participating in these virtual martial arts classes, I acknowledge and agree with this waiver and release of liability.
Photo/Video Release
I hereby grant the American Taekwondo Association and its licensees permission to use my likeness in a photograph and/or video in any and all of its publications, including Web site entries, without payment or any other consideration. I understand and agree that any photographs and/or video taken will become the property of the American Taekwondo Association and will not be returned. I hereby irrevocably authorize them to copy, exhibit, publish, or distribute this photo and/or video for purposes of publicizing or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge the American Taekwondo Association from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I am 18 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release.