Billing Agreement

 

This Agreement is between New England Shidokan Karate Association Inc. (Herein referred to as ‘The Business’) and Customer in relation to The Business.  Any account more than 5 days past due will be charged a $10 late fee.  Any returned payment will be assessed a $25 fee.  Any unsuccessful scheduled electronic transaction is subject to a $15 processing fee.  The Business has the sole right to modify any payment due date and to resubmit returned or declined items plus applicable fees without prior notice.  If the Billing Method is modified during the term of this Agreement, the payment amount may be adjusted accordingly, if applicable, by The Business.

By completing and submitting this Billing Agreement, Customer confirms that they have read and understood this entire Agreement and Customer agrees that they will comply with all of the provisions, terms, and conditions set forth herein.  Customer asserts that they are 18 years old or older.  Customer asserts that they are the participant in all programs offered by The Business OR Customer is the legal guardian of participant(s) in all programs offered by The Business who are under the age of 18 OR both.  Customer further agrees that this Agreement is a legally binding and enforceable obligation.

 

TERMS AND CONDITIONS

 

  1. PARTICIPANT FITNESS.  By submitting this agreement, Customer represents and warrants and ensures that they have had an opportunity to observe the programs offered by The Business and that the Participant(s) are physically and mentally able to participate in the programs offered by The Business.  Customer understands that they may not transfer or assign this Agreement.

  2. UNAVAILABILITY.  If The Business’ facilities are unavailable for use for a period in excess of 30 consecutive days, the Customer’s program will be extended for a period of time equal to the time of unavailability, but no credit or refund will be due the Customer.  If The Business’ facilities are unavailable for use in excess of 60 days the Customer has the right to pause or cancel this Agreement by notifying The Business in writing.  Notwithstanding the foregoing, The Business may close its facilities for a period not exceeding 4 weeks per year for necessary maintenance and other purposes without affecting scheduled payments.

  3. LIABILITY WAIVER AND RELEASE.  The Customer and Participant(s) understand and agree that strict observation of The Business’ rules and regulations and the rules and regulations relative to the service or instruction provided, including the use of protective equipment, is required.  The Customer and Participant(s) understand and agree that the use of The Business’ facilities and the Customers and/or Participant(s) presence at The Business’ facilities are at the sole risk of the Customer and/or Participant(s).  The Customer and Participant(s) understand and agree that the services or instruction provided may involve skills and training which include violent and sudden movements and that in connection with the training and instruction, there may be physical contact between instructors and the Participant(s) and that such contact may result in personal injury to the Participant(s), despite precautions taken to avoid such injuries.  Customer and Participant(s) herby consent to engage in such contact as may be necessary or required by participation in The Business’ programs.

Customer, on behalf of themselves and anyone claiming by or through the Customer, hereby holds harmless, releases, and forever discharges The Business, its officers, directors, employees, instructors, agents, operators, and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by the Customer and/or Participant(s) and arising from the Customers execution of this Agreement, payment processing, participation in any program offered by The Business, including, but not limited to, any injury or damage caused by the negligence or willful misconduct of The Business, its instructors, Customers/Participants, agents, employees, operators, or authorized representatives.  The Customer and Participant(s) specifically understand and agree that they are assuming the risk of any and all injuries that they may suffer or incur as a result of their execution of this Agreement and participation in any program offered by The Business.

  1. COMPLIANCE WITH LAWS.  The Agreement shall be governed by the laws of the State of Rhode Island.  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 statutes, rules and regulations.

  2. ACCEPTANCE OF CUSTOMER.  By submitting this Agreement, Customer agrees to fully and completely comply with all terms and conditions hereof and The Business’ rules and regulations.  Failure to comply with The Business’ rules and regulations is grounds for immediate suspension or termination of services to the Customer.  Suspension or termination shall not entitle the Customer to a refund or credit for any amounts already paid or cancel any unpaid balance due.  The Business and those acting under its authority reserve the right to use photographs, video, artwork, or other likenesses of the Customer and/or Participant(s) for marketing, trade, publishing, or any other lawful purpose.

  3. CANCELLATION.  This Agreement may be canceled by The Business for any reason without penalty or further obligation at any time.  This Agreement may be canceled by the Customer at anytime prior to the completion of their trial period by submitting a cancelation request to The Business in writing.  Upon the completion of their trial, the Customer cannot cancel this Agreement during its term excepting the death or disability of the Participant(s).