1. CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT DATE; Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified in such form. Such notice shall be accompanied by the contract form. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation.
2. ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract within 45 days written notice by certified or registered mail for any of the following reasons:
a.) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.
b.) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
c.) If you move your residence more than twenty-five miles from any martial arts school operated by seller (must provide satisfactory proof of new residence)
d.) If, within the first six months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former Employer confirming termination of employment and reason for termination); provided that any member canceling under this sentence shall be required to pay an early termination fee of $150.
e.) If the services of Modern Martial Arts cease to be offered as stated in the contract.
f.) If monies, except initiation fee, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the seller may demand the reasonable cost of goods and services which the buyer consumed. In no instance shall the seller demand more than the full contract price from the buyer. Promotional Months: Member agrees that if Member received any free months as an inducement to enter into this Agreement or as a result of referring new members, such free months shall not be considered in computing the amount of any refund, which Member shall be entitled. No refunds will be made for freeze periods granted during the membership term. Refund for Paid in Full or discounted memberships will be calculated based on the current monthly membership rates in effect. NOT the discounted or Paid in Full membership rates paid.
3. MEMBER’S HEALTH WARRANTY: Member and buyer represent that Member is in good health and has no disability, impairment, injury, disease, or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naïve or abusive exercise. Member assumes full responsibility for his or her use of the facility and shall indemnify Modern Martial Arts, the owner of the school location the member is utilizing, its affiliates, agents and employees against any and all liability arising out of the use of the facilities.
4. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of Modern Martial Arts, which may be posted at the school or issued orally, and which may be amended from time to time.
5. BUYER’S OBLIGATIONS: Buyer shall not be relieved of Buyer’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use the school’s facilities. (Member dues are for the period of time and are no way related to or adjusted based on, actual usage of the martial arts school.)
6. ENTIRE AGREEMENT: This contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Modern Martial Arts. Employees are not authorized to make any independent agreements with any Member/Buyer.
7. UNPAID BALANCES: Members will not be permitted to use the school until all fees are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Modern Martial Arts for collection of fees. Modern Martial Arts reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If any check or credit card payable to Modern Martial Arts is not honored, Management will assess a $29 charge for each check and credit card rejected and collects the current and past-due balance in any subsequent month. To the extent that Buyer and Member is not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the school).
8. LOCKERS: Lockers are provided solely for the benefit and convenience of members. Management will remove any articles left in a locker overnight. Members must provide their own lock. Rental lockers cannot be placed on freeze. Locker Rental Fees are non-refundable. Modern Martial Arts is not responsible for lost or stolen items or articles left in Rental lockers beyond the expiration date of such rental. I release Modern Martial Arts of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to my personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
9. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto school premises. Modern Martial Arts shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers.
10. MEMBERSHIP FREEZE POLICY: Members may temporarily suspend their membership in accordance with the following terms:
a.) You may freeze your membership twice per contract for a minimum of two weeks and a maximum of two months in one month increments. Your freeze request must be done in person at the school or by certified mail to Modern Martial Arts 78 Reade St. New York, NY 10007 at least fifteen (15) days before the intended freeze date. Freeze form required.
b.) If you are medically unable to use the school, you can request a medical freeze for up to six (6) months (nine (9) months for pregnancy freeze). You must provide a doctor’s letter at the time you request a medical freeze.
c.) You may not freeze your membership for any reason unless your account is in good standing.
d.) All freeze requests must be made in advance and no retroactive freezes are permitted.
e.) Freeze periods add time to end of current membership’s term, but do not freeze (stop) monthly billing.
f.) No refunds will be made for freeze periods granted during the membership term.
11. REVOCATION OF MEMBERSHIP: Modern Martial Arts reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
12. LAUNDRY SERVICE: Laundry Service cannot be placed on freeze. Laundry Service Fees are non-refundable.