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THE AGREEMENT EXECUTED THE DATE SHOWN BELOW BY AND BETWEEN WALCO KRAV MAGA, LLC, DBA ALPHA KRAV MAGA WISCONSIN HEREINAFTER REFERRED TO AS (AKMW) AND THE ADULT/PARENT (IF ENROLLEE IS UNDER 18 YEARS OLD) WHO HAS CAUSED HIS/HER SIGNATURE TO BE AFFIXED HERETO, HEREINAFTER REFERRED TO AS ENROLLEE.
THE ENROLEE HEREBY ENGAGES AND EMPLOYS AKMW TO TRAIN HIM/HER IN KRAV MAGA AND ALL OTHER CLASSES AKMW OFFERS, AGREES TO PAY AKMW FOR INSTRUCTIONAL ADVICE RENDERED AT THE FEE AGREED UPON, PAYABLE IN INSTALLMENTS OR ONE/TIME PAYMENT AS AGREED. FOR MONTHLY PAYMENTS, STUDENTS/PARENTS OF A MINOR STUDENT MUST SUBMIT A VALID CREDIT CARD NUMBER OR VOID CHECK FOR EFT (ELECTRONIC FUNDS TRANSFER). PAYMENTS CAN BE MADE AUTOMATICALLY OR BY
SUMBITTING A CASH/CHECK PAYMENT. IF A CASH/CHECK PAYMENT IS NOT RECEIVED 5 BUSINESS DAYS AFTER THE DUE DATE, THE FEE WILL BE AUTOMATICALLY CHARGED ONTO THE PROVIDED CREDIT CARD NUMBER.
ENROLLEE UNDERSTANDS THAT HE/SHE IS IN FULL CONTROL OF EFT AND/OR CREDIT CARD PAYMENTS. ENROLLEE MAY CHANGE PAYMENT METHOD 15 DAYS PRIOR WRITTEN NOTICE TO AKMW SHOULD THIS AGREEMENT NOT ARRIVE AT AKMW IN THE TIME TO DRAFT ON ABOVE DATE I AUTHORIZE AKMW AND ITS ASSIGNED BILLING COMPANY TO ADVANCE MY DRAFT DATE. ALL CHANGES IN BANKING OR CREDIT CARD INFORMATION MUST BE RECEIVED TEN DAYS PRIOR TO THE DRAFT OR DEBIT DATE. PAYMENT TO ANY OTHER FIRM OR PERSON, INCLUDING THE SELLER OF THESE AGENTS, IS NOT AUTHORIZED (DOWN PAYMENT EXCLUDED) AFTER THE DATE OF THE SIGNING OF THIS AGREEMENT. ALL PAYMENTS ARE TO BE MADE PROMPTLY AND, AS AGREED, ONLY TO AKMW.
MEMBER OR LEGAL GUARDIAN SIGNATURE
AKMW KRAV ACCEPTS NO RESPONSIBILITY FOR REFUND OF ADVANCE MONEY, SHOULD THE ENROLLEE CHOOSE TO PAY IN ADVANCE. BY SIGNING BELOW ENROLLEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND HAS RECEIVED A COPY. ADDITIONAL CLUB RULES AND REGULATIONS OF THE SELLER MAY APPLY. ENROLLEE HEREBY ACKNOWLEDGES ASSIGNMENT OF THE INSTALLMENT CONTRACT DESCRIBED HERE TO AKMW.
MEMBER OR LEGAL GUARDIAN SIGNATURE
ENROLLEE UNDERSTANDS THAT HE/SHE HAS SIGNED A CONTRACT/NOTE WHICH MAY BE SERVICED/PURCHASED BY AN OUTSIDE BILLING COMPANY. FAILURE TO UTILIZE THE SERVICE CONTRACTED FOR DOES NOT RELIEVE THE ENROLLEE OF HIS/HER OBLIGATION TO PAY THE INSTALLMENT NOTE IN FULL. ENROLLEE UNDERSTANDS THAT, EXCEPT HEREIN PROVIDED, HIS/HER PAYMENT(S) IS/ARE ABSOLUTELY NONCANCELLABLE EXCEPT FOR REASONS STATED IN THIS CONTRACT. SHOULD THE ENROLLEE DEFAULT, THE ENROLLEE AGREES TO PAY ALL COSTS OF COLLECTION INCLUDING, BUT NOT LIMITED TO, COLLECTION AGENCY FEES UP TO FIFTY PERCENT OF THE UNPAID BALANCE, COURT COSTS AND REASONABLE ATTORNEY’S FEES, ALL OF WHICH MAY BE PAID OR INCURRED BY THE HOLDER OF THIS NOTE.
MEMBER OR LEGAL GUARDIAN SIGNATURE
AKMW RESERVES THE RIGHT TO ADD THE FOLLOWING FEES TO THE CUSTOMER’S ACCOUNT BALANCE SHOULD ANY OF THE FOLLOWING OCCUR: RE-CLEAR CUSTOMER CHECK AND/OR EFT DRAFT-FIVE DOLLARS, UNPAID EFT DRAFT-FIFTEEN DOLLARS, DECLINED CREDIT CARD DEBIT-FIFTEEN DOLLARS, UNPAID CREDIT CARD CHARGEBACK-TWENTY FIVE DOLLARS, UNPAID CUSTOMER CHECK-FIFTEEN DOLLARS. SCHEDULED PAYMENTS RECEIVED MORE THAN TEN (10) DAYS AFTER THE DUE DATE ARE ASSESSED A LATE FEE: SCHEDULED PAYMENT AMOUNT LESS THAN TWENTY-FIVE DOLLARS-FIVE DOLLARS, SCHEDULED PAYMENT AMOUNT-FIVE DOLLARS OR MORE-TEN DOLLARS. SUBJECT TO APPROPRIATE STATE AND FEDERAL LAW. ENROLLEE AGREES TO PAY THE AMOUNT OR ITS ASSIGNS THE TOTAL SUM PAYABLE IN THE NUMBER OF INSTALLMENTS AND THE AMOUNT AS SCHEDULED AND STATED IN THIS CONTRACT AND AS SCHEDULED THEREAFTER UNTIL FULL AMOUNT PLUS ANY ACCUMULATED ADDITIONAL FEES PAID. SHOULD DEFAULT BE MADE IN ANY SCHEDULED INSTALLMENTS, THE ENTIRE REMAINING SUM DUE HEREUNDER SHALL BE DUE AND PAYABLE AT THE OPTION OF THE HOLDER OF THIS CONTRACT. THE UNDERSIGNED PERSONALLY CHARGE THEIR SEPARATE ESTATES WITH THE PAYMENT OF THIS NOTE.
IF ENNROLLEE IS DECLIQUENT PAST 30 DAYS AKMW MAY CHARGE THE ABOVE LATE FEE ON TOP OF THE PAST DUE AMOUNT. THE ENROLLEE UNDERSTANDS THAT IF THEY ARE DELINQUENT PAST 90 DAYS OF THIS AGREEMENT, THE TERMS OF THE BELOW CONTRACT MAY BE PURSUED IN THE COURT OF LAW AND ANY/ALL FEES INCURRED BY AKMW WILL BE CHARGED TO THE ENROLLEE ON TOP OF THE PAST AMOUNT OWED. AKMW, IN CONSIDERATION OF SAID FEE REFERRED BELOW, ACCEPTS AND AGREES TO TEACH AT ITS PLACE OF BUSINESS DURING SCHEDULED HOURS OF INSTRUCTION AND ART OF DISCIPLINE INDICATED ABOVE.
INITIALS OF MEMBER OR LEGAL GUARDIAN
DUE TO THE PHYSICAL DEMAND OF CLASS INSTRUCTION, ENROLLEE UNDERSTANDS THAT HE/SHE MUST BE IN GOOD PHYSICAL CONDITION TO PARTICIPATE IN SAID COURSE OF INSTRUCTION AND HEREBY CERTIFIES THAT HE/SHE IS IN GOOD PHYSICAL CONDITION, HAS NO DISABILITY, ILLNESS OR OTHER CONDITION THAT COULD PREVENT THE ENROLLEE FROM PARTICIPATING IN CLASS WITHOUT INJURING HIMSELF/HERSELF OR IMPAIRING HIS/HER HEALTH.
INITIALS OF MEMBER OR LEGAL GUARDIAN
ENROLLEE UNDERSTANDS THAT IF HE/SHE WISHES TO CANCEL THIS AGREEMENT HE/SHE MAY DO SO BY DELIVERING IN PERSON, WRITTEN NOTICE OF INTENT TO CANCEL BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER EXECUTING THIS AGREEMENT. FOR THE PURPOSES OF THE AGREEMENT, “BUSINESS DAY” SHALL MEAN ANY DAY ON WHICH THE FACILITY IS OPEN FOR BUSINESS.
IN THE EVENT THAT THE ENROLLEE DOES NOT WISH TO RENEW HIS/HER CONTRACT THEN HE/SHE MAY DO SO BY DELIVERING, IN PERSON OR BY REGISTERED MAIL, A WRITTEN NOTICE OF INTENT TO CANCEL WITHIN OR BEFORE ONE MONTH OF THE EXPIRATION DATE. IF THE ENROLLEE SIGNS AN OPEN CONTRACT, THE ENROLLEE MUST SUBMIT A WRITTEN NOTICE OF INTENT TO CANCEL WITH AT LEAST ONE MONTH NOTIFICATION. THE ‘OPEN’ ENROLLEE MUST ALSO OFFICIALLY NOTIFY AKMW IN THE EVENT THAT HE/SHE WILL BE MISSING CLASS FOR MORE THAN TWO WEEKS. ALL STUDENTS MISSING CLASS FOR OVER 3 WEEKS AND WISH TO RECEIVE CREDIT FOR THE TIME MISSED MUST CONTACT AKMW BEFOREHAND AND IN WRITING.
CREDIT IS ONLY GIVEN FOR MISSING MORE THAN THREE WEEKS AND UP TO A MAXIMUM OF TWO MONTHS. CREDIT IS REDEEMED UPON RENEWAL OF CONTRACT ONLY. FAMILIES WITH MULTIPLE STUDENTS ENROLLED AT AKMW ARE ENTITLED TO A DISCOUNT PER THE FAMILY DISCOUNT PROGRAM. IF ONE FAMILY MEMBER LEAVES AKMW AT ANY POINT DURING ANOTHER FAMILY MEMBER CONTRACT, THE FAMILY DISCOUNT MAY NO LONGER REMAIN VALID, AND THE REMAINING MEMBER’S TUTITION WILL BE RETURNED TO FULL PRICE.
IN THE EVENT OF THE RELOCATION OF THE STUDENT’S RESIDENCE TO FARTHER THAN TWENTY-FIVE (25) MILES FROM ANY AKMW FACILITIES, AND UPON THE FAILUIRE OF WALCO KRAV TO DESIGNATE A CENTER, WITHIN 25 (25 MILES) OF THE STUDENT’S NEW RESIDENCE, THE ENROLLEE MAY CANCEL THIS AGREEMENT AND SHALL BE LIABLE ONLY FOR THAT PORTION OF THE CHARGES ALLOCABLE TO THE TIME BEFORE REASONABLE EVIDENCE OF SUCH RELOCATION IS PRESENTED TO AKMW, PLUS A CANCELLATION FEE OF 10% OF THE REMAINING CONTRACT.
THE ENROLLEE FURTHER UNDERSTANDS THAT HIS/HER RIGHT TO CANCEL THIS AGREEMENT IN THE MANNER DESCRIBED ABOVE IS EXPRESSED WAIVED ONCE THE ENROLLEE HAS BEGUN ATTENDING INSTRUCTIONAL CLASSES OR PARTICIPATING IN INSTRUCTION OR USE OF EQUIPMENT PROVIDED BY AKMW. THE ENROLLEE UNDERSTANDS AND AGREES THAT, EXCEPT AS PROVIDED ABOVE, THE ENROLLEE MAY NOT CANCEL OR RESCIND THIS AGREEMENT FOR REASONS INLCUDING ILLNESS OR INJURY TO ENROLLEE AND ARE STILL RESPONSIBLE TO PAY THE AMOUNT AGREED BELOW IN FULL; THAT NO REFUND WILL BE GRANTED.
IF CONTRACT IS CANCELLED, ONLY AS LISTED ABOVE, AKMW IS ENTITLED TO A PORTION OF SEVENTY PERCENT OF TOTAL AGREEMENT PRICE. AKMW SHALL HAVE THE IMMEDIATE RIGHT TO CANCEL THIS AGREEMENT IN THE EVENT THAT; THE ENROLLEE FAILS TO PAY ANY FEES RIOR TO THE EXPIRATION OF THE TEN (10) DAY GRACE PERIOD; THE ENROLLEE FAILS TO PAY ANY ADDITIONAL EXPENSES WHEN DUE; OR THE STUDENT FAILS TO OBEY ANY OF AKMW RULES AND POLICIES.
INITIALS OF MEMBER OR LEGAL GUARDIAN
THE ENROLLEE HEREBY GRANTS PERMISSION TO AKMW, AND ITS OFFICES, TRUSTEES, EMPLOYEES, AGENTS, STUDENTS, REPRESENTATIVES, SUCESSORS, LICNESEES AND ASSIGNS TO PHOTOGRAPH THE ENROLLEES IMAGE, LIKENESS, OR DEPICTION AND HEREBY GRANTS PERMISSION TO WALCO KRAV TO EDIT, CROP, OR RETOUCH SUCH PHOTOGRAPHS, AND WAIVE ANY RIGHT TO INSPEC THE FINAL COPY. THE ENROLLEE HEREBY CONSENTS TO AND PERMITS THE PHOTOGRAPHS TO BE USED BY AKMW FOR ANY PURPOSE AND IN ANY MEDIUM, INCLUDING PRINT AND ELECTRONIC. THE ENROLLEE
UNDERSTANDS THAT AKMW MAY USE SUCH PHOTOGRAPHS WITH OR WITHOUT ASSOCIATING NAMES THERETO AND FURTHER WAIVE ANY LCAIM FOR COMPENSATION OF ANY KIND FOR WALO KRAV’S USE OR PUBLICATION OF PHOTOGRAPHS.
THE ENROLLEE HEREBY FULLY AND FOREVER DISCHARGES AND RELEASES AKMW FROM ANY CLAIM FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INVASION OF PRIVACY; DEFAMATION; FALSE LIGHT OR MISAPPROPRIATION OF NAME, LINESS OR IMAGE) ARISING OUT OF THE USE OR PUBLICATION ON HIS/HER BEHALF. ALL GRANTS OF PERMISSION AND CONSENT, AND ALL COVENANTS; AGREEMENTS AND UNDERSTANDING CONTAINED HEREIN ARE IRREVOCABLE.
INITIALS OF MEMBER OR LEGAL GUARDIAN
THE ENROLLEE IS RESPONSIBLE FOR THE COST TO REPAIR DAMAGE TO AKMW FACILITIES AND PERSONAL PROPERTY CAUSED BY THE STUDENT, PARENT OR THEIR RESPECTIVE GUESTS DUE TO NEGLIENCE , EXCLUDING ORDINARY WEAR AND TEAR. AKMW SHALL NOT BE RESPONSIBLE FOR ANY OF THE ENROLLEE’S PERSONAL PROPERTY THAT MAY BE LOST, STOLEN OR DAMAGED IN OUR ABOUT THE AKMW FACILITIES.
INITIALS OF MEMBER OR LEGAL GUARDIAN
THE ENROLLEE UNDERSTANDS MARTIAL ARTS-RELATED EXERCISES AND ACTIVITIES INVOVLE RISKS AND DANGER OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND EVEN DEATH. THESE RISKS AND DANGERS INCLUDE, BUT MAY NOT BE LIMITED TO; INJURIES AND OTHER MEDICAL DISORDERS ARISING FROM VARIOUS EXERCIES AND ACTIVITIES, SUCH AS HEART ATTACKS, STROKES, HEART STRESS, SPRAINS, BROKEN BONES, FRACTURES, BROKEN TEETH, AND TORN MUSLCES AND LIGAMENTS; AND ACCIDENTAL INJURIES OCCURRING ANYWHERE IN OR ABOUT THE AKMW FACILITIES INCLUDING, WITHOUT LIMITATION, LOCKER ROOMS, TRAINING ROOMS, SHOWERS AND REST ROOMS.
IF THE STUDENT HAS ANY SPECIAL HEALTH LIMITATIONS, THE ENROLLEE AGREES TO DISCLOSE THEM TO THE KRAV MAGA MASTER OR INSTRUCTOR SUPERVISING THE CLASS. ACKNOWLEDGING THESE RISKS AND DANGERS, THE ADULT STUDENT (ON HIS OR HER OWN BEHALF) OR THE PARENT (INDIVIDUALLY AND ON BEHALF OF THE MINOR STUDENT) EXPRESSLY ASSUMES THE RISK OF INJURY OR DEATH THAT MAY BE SUFFERED BY THE STUDENT FROM THE MARTIAL ARTS-RELATED EXERCISES AND ACTIVITIES AND THE USE OF THE AKMW FACILTIES.
INITIALS OF MEMBER OR LEGAL GUARDIAN
THE ENROLLEE, ON HIS/HER BEHALF, AND ON BEHALF OF THE MINOR STUDENT (IF APPLICABLE) AND ON BEHALF OF THE STUDENT’S HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND ASSIGNS, HEREBY WAIVES, RELEASES, DISCHARGES, AND CONVENANTS NOT TO BRING ANY ACTION AGAINST AKMW, ITS INSTRUCTORS, OWNERS, MANAGERS, REPRESENTATIVES, VOLUNTEERS, AGENTS LANDLORD, SUCCESSORS OR ASSIGNS FOR ANY AND ALL INJURIES, DEATH AND DAMAGES SUFFERED OR INCURRED BY THE STUDENT IN ANY WAY ARISING OUT OF HIS/HER PARTICIPATION IN ANY MARTIAL ARTS-RELATED EXERCISES OR ACTIVITIES OR THE USE OF THE AKMW FACILITIES. IN ADDITION, THE ENROLLEE SHALL DEFEND, INDEMINIFY AND HOLD HARMLESS WALCO KRAV, ITS INSTRUCTORS, OWNERS, MANAGERS, REPRESENTATIVES, VOLUNTEERS, AGENTS, LANDLORD, SUCCESSORS OR ASSIGNS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION ARISING OUT OF ANY INJURIES OR DAMANGES TO THIRD PARTIES CAUSED IN PART OR IN WHOLE BY THE STUDENT.
INITIALS OF MEMBER OR LEGAL GUARDIAN
BY SIGINING BELOW, I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I OR THE MINOR CHILD HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NAUTRE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EVENT. ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.