Buyer (Parent or Legal Guardian) agrees to a 12-month agreement with Evolution X Martial Arts (EVX) for Member (child or children). Acceptance and signature of Annual Agreement locks in discounted rate plus any agreed-upon discounts for 12 months.
- Membership Term. The start of the agreement begins on the first tuition payment date.
- Payment Schedule. Tuition is due monthly on a reoccurring date and will be billed automatically.
- Membership costs. Monthly tuition covers unlimited Kids Karate-Jujitsu classes. Additional costs such as gear, uniforms, camps, seminars, tournaments, etc are not included in tuition.
ADDITIONAL TERMS AND CONDITIONS
- Absence. Buyer/Member will not be relieved of obligations to make any payments of the membership fee herein agreed to, and no deduction or allowance from any of the agreed payments shall be made, by reason of absence of member from the membership plan, or by reason of Member’s failure to attend or use the membership plan.
- Transfer of Membership. This membership is not transferable to another person outside the immediate family, and neither Buyer nor Member may sell, assign, or transfer this contract or membership. Members wishing to transfer membership to someone in their immediate family (sibling, parent or child) specifically authorized by their membership plan must be made in writing, and the transfer request is subject to review and approval by EVX, which, in evaluating the proposed transferee, shall apply its usual and customary standards for accepting new members.
- Default. Buyer/Member will be in default if you breach any of this Agreement’s terms or conditions, or if you fail to pay any installment within 10 days after its due date and are subject to late fees ($15) to cover additional administrative expenses related to obtaining your payment. Should you default on any payment obligation as called for in this agreement, the entire remaining balance shall be deemed due and payable upon demand, and you agree to pay all allowable interest, cost of collection, including, but not limited to, collection agency fees, court costs, and attorney’s fees. Acceptance of any payment after default will not release you from any obligations under this Agreement.
- Maintenance of Facility. Except as prevented by an ‘act of God’, war, strike and any other cause beyond its control, EVX shall, during the term of this membership plan, attempt to maintain its Martial Arts facility and the supervision thereof substantially the same as of the date of this agreement. EVX reserves the right and privilege at any time hereafter to close or alter any of its facilities or alter the hours thereof, and the privileges and rights granted to Member herein to use the facility shall not be understood to mean that EVX guarantees to maintain any particular location, class, equipment, instructor, or schedule. Classes and equipment are available subject to demand and may be crowded at peak hours or on peak days, or may be discontinued or times changed if demand fluctuates.
- Early Termination due to move, illness, death, or physical disability. Should member move outside a 25 mile radius of a EVX Martial Arts School, or, if a member dies or becomes per mannerly physically disabled to an extent that the member is medically certified to be unable to participate further in martial arts training, you may elect to terminate this agreement as to the moved or incapacitated member. In either event, EVX, upon written request by you, will refund or suspend payment of a pro-rata portion of your Membership Price attributable to the withdrawn member as follows: If you are making monthly payments, your obligation to make monthly payments shall cease as of the date your application is received, and EVX is entitled to retain all payments previously made, and to receive all payments previously due but not paid, together with any late charges or collection expenses as provided in this Agreement. If you have a multi-member agreement which includes reduced rates for second or third or subsequent family members, and less than all members withdraw, then the obligation to make monthly payments ceases only as to the least expensive additional member or members in your plan. If you have paid in full, you may be entitled to a refund of the accrued portion of your lump-sum payment, determined as follows: The accrued portion of your payment is the regular initial installment for your Membership Plan, plus the regular monthly tuition for your Membership Plan multiplied by the number of months elapsed from the date of this Agreement until the date of your written request for termination. Any partial month shall be rounded up to the next whole month. The accrued portion thus determined shall be deducted from the total actually paid on behalf of the withdrawn member, and the balance, if any, shall be refunded. If you have a multi-member agreement which includes reduced rates for second or third or subsequent family members, and less than all members withdraw, then the refund shall be computed on the basis of the amount actually paid on behalf of the least-expensive additional member or members. Should member become temporarily disabled for at least six (6) months during the membership terms and that disability is confirmed in writing by a physician, member shall have the right to an extension of this agreement and/or freeze of monthly payments until member is able to resume martial arts training.
- Early Termination due to other. Any other reason for early termination of the agreement will result in current month membership continuing to be charged as well as a $350 cancellation fee. Your obligation to make monthly payments thereafter shall cease.
- Extended Time Guarantee. “Membership Freeze” and extension of the agreement term. You should inform EVX in writing of any planned absences of (30) thirty days or longer prior to the date of absence. The end date of your membership term will be extended accordingly; however, all installment or lump-sum payments shall continue to be made as scheduled. Any freeze lasting longer than 2 months (not associated with injury or disablement) will be considered an early termination and be charged the cancellation fee. Members are allowed up to 2 freezes per annual contract.
- Continuation at end of term. If you continue to attend classes beyond the last date of the membership term, and if no membership renewal has been executed, then this agreement shall be construed to extend on a month-to-month basis at the tuition rate then in effect for month-to-month memberships for the member’s program, and member consents to a commensurate extension and modification of the credit card or checking EFT agreement executed on the front of this agreement.
- Damages to or Destruction of Facilities. Should the facilities be unavailable to members due to damage by fire, an act of God, catastrophe or accident, the membership term will be extended for a period equal to the time of such unavailability. If the damage is caused by you, you will be responsible for the cost of repairs.
- Entire Agreement. This document contains the entire and exclusive agreement between you and EVX. Any promises, representations, understandings, and agreements pertaining directly or indirectly to this Membership Agreement and your Membership Plan, which are not expressed herein, are null and void and of no effect whatsoever. This Membership Agreement may be modified only by an instrument in writing; however, EVX is authorized to correct patent errors in this Membership Agreement.
- Governing Law. This Membership Agreement shall be governed by the laws of the State of Georgia. If any part of this contract is held to be invalid, the invalidity shall not affect the remaining portions hereof.
- No Waiver of Rights. EVX may delay or refrain from enforcing any of its rights under this Membership Agreement without losing its right to enforce those rights or others in the future. For example, EVX can extend the time for making some payments without waiving its right to enforce its right to timely payment in the future.