These terms and conditions apply between "the Business" and those persons registering for and participating in the Businesses' events and programs ("Customer").

TERMS AND CONDITIONS
1. MEMBER FITNESS. By signing this agreement, Member
represents warrants and ensures that he has had an opportunity to observe
the programs offered by the Business and that he is physically and mentally
able to take classes offered by the Business in that program and/or any
others in which Member may participate. Member understands that he may
not transfer or assign this membership.
2. UNAVAILABILITY. If the Business’ facilities are unavailable for
use for a period in excess of 30 consecutive days, the Member's program will
be extended for a period of time equal to the time of unavailability, but no
refund or credit will be due the Member. Upon notice to the Business, the
Member may cancel this agreement if the Business’ facilities are unavailable
for more than 90 consecutive days. Within 30 days of receipt of such notice,
the Business shall refund to the Member the unused pro-rata portion of the
contract (cash) price, excluding any initiation fee, paid by the Member.
Notwithstanding the foregoing, the Business may close its facility on holidays,
for a period not exceeding three weeks per year for necessary maintenance
and other purposes without affecting scheduled payments.
3. LIABILITY WAIVER AND RELEASE. The Member understands
and agrees 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 Member
understands and agrees that the use of the Business’ facilities and the
Member's presence at the Business’ facility are at the sole risk of the
Member. The Member understands and agrees 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 Members and between and
among the Members and that such contact may result in personal injury to the
Member, despite precautions taken to avoid such injuries. Member hereby
consents to engage in such contact as may be necessary or required by
Member’s participation.
Member, on behalf of him/herself and anyone claiming by or
through the Member, hereby holds harmless, releases and forever discharges
MSI, its officers, directors, employees, agents and representatives and the
Business and its instructors, agents, employees, operators and authorized
representatives from any liability, claim, loss, including loss of property,
damage, personal injury, or expense incurred by the Member and arising from
the Member’s 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 MSI, the
Business, its instructors, Members, agents, employees, operators, or
authorized representatives. The Member specifically understands and agrees
that he/she is assuming the risk of any and all injuries that he/she may suffer
or incur as a result of his/her execution of this agreement and participation in
any program offered by the Business.
4. CLASSES. Scheduling and content of classes and programs,
furnishing of facilities and provision of instructors to teach and supervise
classes and practice sessions are at the sole and absolute discretion of the
Business and may be changed at any time by Business. By signing this
Agreement, the Member receives membership at a greatly reduced price.
Member understands and agrees that additional fees such as examination
and/or testing fees may not be included in the price of this agreement. The
Business may raise the tuition rate of ongoing memberships by providing
advance notice equal to the notice period required for cancellation stated
herein.
5. SIGNATORIES. Any person(s) signing this Agreement, whether
as a Member, co-signer or otherwise shall be jointly, severally and individually
liable to Business and MSI for the full contract price as if such person signed
as the Member. All persons signing this agreement assume responsibility for
all costs of collection, including but not limited to collection agency fees, court
costs, attorney's fees, and late charges that may be incurred in the event of a
default. Any person(s) signing this agreement authorizes the use of a
disclosed e-mail address for billing and marketing purposes and
acknowledges that e-mail text may include financial information pertaining to
the membership.
6. COMPLIANCE WITH LAWS. This Agreement shall be governed
by the laws of the State in which Business is located. All rights and obligations
of the Business and Member 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. The
Business and Member shall be bound by the modified Agreement and agree
that no other modifications shall be enforceable unless in writing and signed
by the parties. This Agreement constitutes the entire Agreement between the
parties and supersedes all prior agreements between the parties, whether
written or oral. The invalidity or unenforceability of any provision hereof shall
not affect the validity or enforceability of any other provision. The waiver of
any breach shall not constitute a waiver of any subsequent breach of this
Agreement.
7. ACCEPTANCE OF MEMBER. By signing this Agreement,
Member 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 Member. Suspension or termination shall not
entitle the Member to a refund or credit for any amounts already paid or
cancel any unpaid balance due. The failure or inability of Member to use the
facilities, classes or services of the Business for any reason, except as
otherwise provided herein does not relieve or suspend the Member's
obligation to make all payments required under this Agreement on a timely
basis, nor entitle the Member to a refund or credit. The Business and those
acting under its authority reserve the right to use photographs, videotapes,
artwork or other likenesses of the Member for marketing, trade, publishing or
any other lawful purpose. Member understands and agrees that full payment
of tuition is not a guarantee or promise of advancement.
8. DEATH OR DISABILITY. If Member becomes disabled, the
Member may extend the term of the Agreement, at no additional cost, by
written notice to MSI and Business, for a period of time equal to the duration
of the Member’s short-term disability, verified by a physician, which precludes
the Member from using any of Business’ facilities for a period of less than six
(6) consecutive months. The Member or his/her legal representative may
cancel the Agreement if the Member dies or becomes permanently disabled.
Permanent disability is a disability, verified by a physician, which precludes
the Member from using any of Business’ facilities for a period in excess of six
(6) consecutive months.
9. RELOCATION. Upon notice to MSI and Business and
satisfactory proof of relocation, Member may cancel the Agreement if Member
or Business moves more than 25 miles from Business’ current location.
10. CANCELLATION. This Agreement may be cancelled by
Member for any reason without penalty or further obligation at any time prior
to midnight on the third business day after you sign this Agreement (the “Right
to Cancel”). Notice of cancellation, in writing, stating that you do not wish to
be bound by this Agreement must be delivered or mailed to MSI and the
Business by certified mail, return receipt requested within the time period
provided above. All money paid shall be refunded by the Business within 30
days of the exercise of the Right to Cancel, except that the Business may
retain expenses actually incurred and the portion of the total price
representing the services used and completed based on an hourly rate of
$35/hour. Payments made at the time of enrollment or execution of this
Agreement are non-refundable after 3 days.
The Member understands that after the Right to Cancel expires,
except as specifically provided herein, this Agreement may not be canceled,
and all payments through the end of the Agreement shall be due and payable
as provided herein. To cancel this Agreement pursuant to any right contained
herein, other than the Right to Cancel set forth above, the Member shall
submit, to MSI and Business, a completed MSI Cancellation Form, which can
be obtained from the Business, by certified mail return receipt requested, or
by personal delivery to the address specified in this Agreement for MSI and
Business. Within 30 days of receipt of the Cancellation Form, any money to
be refunded to the Member shall be paid by the Business and any automatic
transfer shall be canceled. If the Member has executed a credit, lien or
automatic funds transfer Agreement to pay for services, any such Agreement
executed by the Member shall be destroyed. Failure to utilize the services or
instruction provided by Business does not constitute or imply notification to or
cancellation of this Agreement. Membership is cancelled when all payments
due within the specified notification period have been received. If a notification
period is not specified, 30 days notice is implied. Member retains membership
rights and privileges until the notice period expires.
11. DEFAULT. Non-payment of scheduled monthly payments in
excess of 60 days shall constitute default under this Agreement. If this
Agreement is in default, the entire amount owed hereunder shall become
immediately due and payable, litigation may be initiated to collect all amounts
due or the account referred to collection. In the event of default in payment or
breach of this Agreement, MSI and/or Business shall be entitled to recover
their reasonable attorney’s fees, court costs, and, if applicable, interest on any
past due amount at the rate of 1.5% per month and a collection fee equal to
20% as a collection fee and not a penalty, to collect any past due amounts or
cure any breach.
12. CONSUMER NOTIFICATION. MSI is an authorized agent to
bill and and collect Member tuition on behalf of the Business. MSI is a billing
company not a collection agency or finance company. However, MSI may
refer an account to a collection agency or attorney’s office for debt collection
and/or credit reporting.