Terms & Conditions
Waiver and release:
Use of the equipment in this facility is inherently dangerous. I will be using heavy weights and machinery. By entering into this agreement, I understand and agree that use of this facility, including, but not limited to gym facilities, locker rooms, changing areas and studios, as well as any kind of exercise, personal training, martial arts or instruction is done at my OWN RISK of injury or loss. I understand this is an advanced fitness facility and instruction in the use of the equipment is not included in my membership. This facility, it’s owners, agents, employees, affiliates, successors and licensors (Leadership Martial Arts LLC & Bolivar Holdings) from any and all claims, injuries, loss, or causes of action (known or unknown) arising out of or during the use of this facility described herein as well as use of all equipment contained therein and participation in any class, exercise, personal training, martial arts or instruction, including those arising from the negligence of this facility, its owners, agents, employees, affiliates, successors and licensors. I also agree to defend, indemnify and to hold the facility, its owners, agents, employees, affiliates, successors and licensors harmless from all such claims, injuries, loss or causes of action as described above, whether to me or my guest. The undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees. I understand my agreement to these waiver and release provision is additional consideration for the facility to enter into the membership agreement with me.
It is agreed that this facility, its owners, agents, employees, affiliates, successors and licensors shall not be responsible or liable to me or my guests for articles lost or stolen in the academy nor shall they be liable for loss or damage to any other property, including automobiles or other forms of transportation used by me or my guests, including contents contained therein. In addition, this facility, its owners, agents, employees, affiliates, successors and licensors shall not be liable to me or my guests for damages caused by another member of this facility or their guests. I/we understand and acknowledge there may be other risks not known to us or are not reasonably foreseeable at this time.
I acknowledge I have read and understood this release and waiver agreement and freely consent to its terms. I understand it is a waiver of liability. I am waiving any current or future right that I may have to sue the parties released herein. THERE ARE DEFINITE RISKS WHICH CANNOT BE AVOIDED ASSOCIATED WITH THE ACTIVITIES TO BE PERFORMED AT THE FACILITY WHICH IS THE SUBJECT OF THIS AGREEMENT. It is my intent to give full implementation and enforcement of all the provisions of this agreement.
Rules and Regulations:
I acknowledge that I have received and will comply with the rules and regulations of Leadership Martial Arts Academy. (herein after sometimes referred to as “Leadership Martial Arts”) I acknowledge that this document comprises the entire agreement between myself and Leadership Martial Arts which consists of one two sided document and that no other agreement shall change this one unless in writing and signed by both myself and Leadership Martial Arts. I understand that my membership is non-transferable. I understand that I am the only person authorized to use this membership. I understand that the class schedule, class instructors, training staff and hours of operation are subject to change at any time without advance notice. I understand that all members are responsible for checking in at the start of each class when entering Leadership Martial Arts. Checking in consists of presenting your membership/attendance card to the on floor instructor at the start of each class. The cost of a replacement card is free. No person other than a certified Leadership Martial Arts instructor may conduct any training of any Leadership Martial Arts member or guest. Any person impeding the business of Leadership Martial Arts will lose their right to membership. Member is not relying on oral representations in entering into this agreement and this agreement constitutes entire agreement.
Transferring and Assignment of Contract:
We may sell, assign, or transfer our right to receive payment from you to a finance company, bank or other institution. You will be notified of such transfer. Neither you nor any member may sell, assign, or transfer a membership, or any right thereto.
Default:
You are in default of this agreement if: (1) You or any member covered by this contract fails to obey any present or future club rule, (2) We do not receive an installment payment on or before its due date.
Our Rights Upon Default:
In the event you default on this agreement, including the violation of any rule in effect, we may suspend or revoke your membership privileges. Additionally, should default (as defined above) be made on any monthly installment, the entire remaining balance due hereunder shall immediately be due and payable to Leadership Martial Arts. At the option of Leadership Martial Arts, the balance due shall bear an interest rate of 10% per annum from the date of the default regardless of whether or not you use the facilities of Leadership Martial Arts or be charged 10% per annum on any installment that is more than 10 days past due (on or before its due date). You agree to pay for all costs of collection, including but not limited to, collection of agency costs, court costs, and reasonable attorney fees, if necessary.
Returned Checks, Credit Cards & ACH Returns:
A $30.00 fee will be charged for any returned check. For an unsuccessful ACH draft or Credit card debit returned due to insufficient funds or account changes, Leadership Martial Arts reserves the right to pass on a $30 draft charge for each failed debit.
Membership Renewal:
Unless and until this agreement is canceled in writing, the Subscriber also authorizes Leadership Martial Arts to automatically renew their membership at the end of their agreement on a monthly recurring basis at the same monthly rate.
Refunds:
All memberships are non-refundable other than the approved 15 day cancellation.
Terms of Cancellation:
Buyer’s Rights to Cancellation - You the buyer, may cancel this agreement at any time prior to midnight 15 days after the date of this agreement, excluding Sundays and Holidays. To cancel this agreement, mail or deliver a signed and dated notice of your intent to cancel or complete the cancellation form available at the front desk. Mailed notices should be sent or delivered to Leadership Martial Arts, 9928 S. Tryon St., Charlotte, NC 28273. Any refund due will be mailed or credited to buyer’s account within 30 days of approval by Leadership Martial Arts.
Recurring Payment Memberships:
If you decide to cancel your form of payment during an active contract period, a thirty (30) day written notification must be provided to Leadership Martial Arts to cancel this form of payment. However, you agree to pay the remaining balance due on the contract in full immediately following the cancellation of the payment. The balance will be paid in full no later than twenty (20) days following this notification. No membership will be cancelled without written consent. Any member whose membership cancelled by Leadership Martial Arts will be informed in advance.
Price Changes:
Periodically membership pricing may need to be adjusted. In the event of a pricing change all members will be notified by email no less than 60 days in advance with the email address supplied by the member. No single pricing adjustment shall exceed 20% of the current cost of tuition. By signing, you agree and consent to this policy.
Cancellation procedures:
The procedure for canceling membership includes:
Completing a Cancellation Form or submitting your intent to cancel in writing and providing full payment for any unpaid dues or indebtedness.
Ongoing Memberships:
This agreement is a continuous payment plan, and will continue until buyer terminates agreement. You the buyer may cancel this agreement in person at Leadership Martial Arts during normal business hours (excluding holidays), thirty (30) days prior to the payment due date on the agreement. If an in person cancellation is not possible, you may request a cancellation agreement by email. All membership dues payments must be brought current and all items (property of the school) must be returned at the time of cancellation.
Pre-Paid/Paid-in-full Memberships:
Non-Refundable
Restrictions of Cancellation:
If you fail to use your membership and do not use our programs and facilities, you are not relieved of your payment obligation, regardless of the circumstances, except as provided in this agreement.
Severability:
If any provision of this agreement is found to be invalid or unenforceable, it will be considered separate and severable from this agreement and will not affect the validity or enforceability of any other term in this agreement.
Locker Rental Agreement:
This agreement applies to any member renting a locker. Lockers remain the property of Leadership Martial Arts during the time they are loaned to students for the purpose of storing their school supplies while attending school. All personal items must be stored completely within a locker. The member agrees not to use the locker for storage for non-athletic items related to martial arts training. All items left outside of a locker, whether secured or not, will be removed and disposed of accordingly. The member acknowledges that a lock will be assigned to them and they must keep the lock on the locker at all times. The member is not allowed to use their own lock. Leadership Martial Arts staff have the right to open and search the locker at any time without consent of the member. The member understand they mat be asked to temporarily vacate the locker or locker room in case of emergency, general house cleaning or repairs. The member understands that their use of the locker may be revoked at any time and for any reason.
Transportation:
I give permission for my child/charge (“child”) to be transported in a motor vehicle driven by a Leadership Martial Arts staff or adult to field trips. I understand my child is expected to follow all applicable laws regarding riding in a motor vehicle and is expected to follow the directions provided by the driver and/or other adult volunteers. I have read, understand, and discussed with my child that:
1. They will be traveling in a motor vehicle driven by an adult and they are to wear their safety belt while traveling.
2. They are expected to respect each other, the vehicles they ride in, and the people that they travel with during the trip.
3. Riding in a motor vehicle may result in personal injuries or death from wrecks, collisions, or acts by riders, other drivers, or objects.
Swimming Consent:
I give my consent for my child to participate in swimming activities during the summer camp program. I understand that all swimming activities are inherently dangerous and that my child’s participation in any swimming event is done at his/her own risk.
Photo Consent:
I hereby give permission for images of my child, captured during regular camp activities through video, photo and digital camera, to be used solely for the purposes of Leadership Martial Arts in promotional materials and publications, including the website, and I further agree to waive any rights of compensation or ownership thereto.
Non-Compete:
In consideration of the training obtained I, the enrollee, agree that I, nor any member of my family, will not during the continuance of this agreement, and for a period of three (3) years following the termination of my association with Leadership Martial Arts, engage in teaching Martial Arts or offering similar training or instruction within a twenty-five (25) mile radius of any school operated by Leadership Martial Arts without the express written authorization of same.
You must read the terms of service in order to check out.