Billing Agreement
This agreement is between The Woodlands Martial Arts Academy and Customer.The Woodlands Martial Arts Academy will appear on your bank/credit card statement. If for any reason the Draft is not approved,The Woodlands Martial Arts Academy will add $10.00 fee.The Woodlands Martial Arts Academy is not responsible for any bank fees incurred by Customer.The Woodlands Martial Arts Academy has the right to resubmit returned/declined items without prior notice. If your child is not picked up by 6:30pm, late fees will automatically be charged to the credit card on file.
Member's (Customer's) Right to Cancel
If you wish to cancel this agreement, you must submit a request, in writing, to The Woodlands Martial Arts Academy at least 14 days prior to the next billing date. Written request must be presented to staff and signed off by one of them. Deposits are not refundable. Without a written notice, payments will be drafted.
I agree pictures of my child may be used to promote The Woodlands Martial Arts Academy without compensation.
I have read this agreement and understand that once it is signed by me it is a legally binding and enforceable obligation and I agree to comply with all the provisions, terms and conditions set forth on both sides of this agreement. I acknowledge I have received a copy of this agreement. I agree to pay the Balance Billed set forth in this agreement.
Terms and Conditions
Acceptance of Member
By signing this agreement, Customer 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 ground for immediate suspension or termination of the Customer and Student.
The Woodlands Martial Arts Academy and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Customer and/or Student for marketing, trade, publishing or any other lawful purpose. Customer and/or Student understand and agree that full payment of tuition is not a guarantee or promise of advancement.
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 Ince Karate and may be changed at any time by The Woodlands Martial Arts Academy. The Customer understands and agrees that examination/testing fees may not be included in the price of this agreement.
Liability waiver and release
The Customer understands and agrees that strict observation of the Business' rules and regulations and the rules and regulations relative to martial arts training, including the use of protective equipment. The Customer 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 Customer. The Customer understands and agrees that martial arts involves skills and training which include violent and sudden movements and that in connection with the training and instruction, there will be physical contact between instructors and students, and between and among the students that such contact may result in personal injury to the student, despite precautions taken to avoid such injuries. The Customer hereby consents for the student to engage in such contact as may be necessary or required by student's participation in the training program and/or classes.
The Customer, Student and anyone claiming by or through the Customer or Student, hereby holds harmless, releases and forever discharges The Woodlands Martial Arts Academy, The Woodlands Martial Arts Academy Inc., its officers, directors, and representatives and the business and its instructors, agents, employees, volunteers, operators, and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by the Customer or Student and arising from the Customer's execution of this agreement, payment processing, participation in any program offered by The Woodlands Martial Arts Academy, including, but not limited to any injury or damage caused by the negligence of The Woodlands Martial Arts Academy, the Business, its instructors, Members, agents, employees, operators, or authorized representatives. The Customer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she or the Students may suffer or incur as a result of his/her execution of this agreement and participation in any program offered by The Woodlands Martial Arts Academy.
Compliance with Laws
This agreement shall be governed by the laws of the State in which the Business is located. All rights and obligations of the Business and Customer 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 statues, rules and regulations. The Business and Customer 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 provisions hereof shall not affect the validity of enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.
Default
Non-payment, or declined payment of scheduled payments in excess of 14 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, The Woodlands Martial Arts Academy shall be entitled to recover their reasonable attorney fees, corut costs, and interest on any past due amount at the rate of 1.15% per month.
Signatories
Any person(s) signing this agreement, whether as a Customer, co-signer or otherwise shall be jointly, severally and individually liable to The Woodlands Martial Arts Academy for the full Billing price as if such person signed as the 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.
COVID-19 Waiver
In consideration of the receipt of childcare and karate instruction services from The Woodlands Martial Arts Academy Inc. (“Business”), I, on behalf of my minor child, hereby acknowledge and agree to the
following:
1. I understand the hazards presented by the coronavirus (“COVID-19”) and am familiar with
the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I
acknowledge and understand that the circumstances regarding COVID-19 are changing from day
to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept
full responsibility for familiarizing myself with the most recent updates.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I, on
behalf of my minor child, hereby willingly choose to utilize services from the Business and enter
into the Business premises. I, on behalf of my minor child, assume any and all risks associated
with this decision.
3. I, on behalf of my minor child, acknowledge and fully assume the risk of illness or death
related to COVID-19 arising from my being on the Business premises and receiving services
provided by the Business, and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT
NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity
contract) The Woodlands Martial Arts Academy Inc., their owners, officers, directors, agents, employees and assigns
(the “RELEASEES”) from any liability related to COVID-19 which might occur as a result of me
and my minor child being on the Business premises and accepting services rendered by the
Business.
4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and
all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including,
without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel
and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating
to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
5. It is my express intent that this Agreement shall bind any assigns and representatives, and
shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE
the above-named Business and RELEASEES. This Agreement and the provisions contained herein
shall be construed, interpreted and controlled according to the laws of the State of Texas. I
HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY
TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I
ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A
MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE
ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read
the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it
voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart
from the foregoing written agreement, have been made; I am at least eighteen (18) years of age
and fully competent; and I execute this Agreement for full, adequate and complete consideration
fully intending to be bound by same. I am executing this Agreement for myself and on behalf of
my minor child who will be receiving services to be rendered by the Business.