Procomp Sport Martial Arts

Payment Authorization and Conditions

The payment items shall be drawn on or about the date or dates stated in the membership agreement. The transactions on your bank or card statement will constitute receipts for payment on your account. If you want to change the method of payments for this plan, you must notify ProComp Sport Martial Arts in writing.

The Company (ProComp Sport Martial Arts and/or its billing provider) may revoke your right to make payments under this plan if any item is not paid upon presentation.

Cancellation of this payment plan does not release the Buyer from the Buyer’s obligations under the membership agreement/contract.

A service charge of $35.00 minimum will be applied to all insufficient drafts, checks, electronic fund transfers, or charge cards.

It is the Buyer’s responsibility to furnish new bank or credit card information, expiration date, etc. Such new information will replace the old information on the account.

This plan shall apply to the following Applicant(s): ____________________________

General Terms
Buyer certifies that he/she is in good health.
Enrollees of martial arts may take rank or promotion tests upon recommendation of the Instructor.
Uniforms, seminars, testing, tournaments, camps, special events, and similar activities are separate fees not included in the terms of this agreement.
Buyer agrees to make installment payments to ProComp Sport Martial Arts through the billing arrangements established by ProComp Sport Martial Arts.
This agreement comprises the entire agreement pertaining to membership. No verbal agreements or other written agreements will be recognized by ProComp Sport Martial Arts unless signed and attached to this agreement.
Consumer’s Right of Cancellation
You, the Buyer, may cancel this agreement at any time prior to midnight of the fifth (5th) business day after the date of this agreement, excluding Sundays and holidays.

To cancel, mail or deliver a signed and dated Notice of Cancellation to the address listed on the front of this agreement.

This agreement may also be canceled as to the affected person for:

Death – upon providing a copy of a death certificate.
Substantial disability – upon providing a disability statement from a certified physician.
Relocation – if you move more than 25 miles from ProComp Sport Martial Arts and are unable to transfer this agreement to a comparable facility, with reasonable proof of new residence.
Parties and Instruction
This Agreement is executed on the date shown on the front page, by and between ProComp Sport Martial Arts (hereinafter referred to as the “Center”) and the Buyer, whose signature appears on this agreement, and his/her children or any other individuals identified as “Members” on the front side of this agreement (hereinafter referred to as “Buyer” or “Enrollee”).

The Center agrees to provide instruction in martial arts and related fitness training to the Enrollee during the scheduled instruction hours of the Center.

Enrollee understands that:

It is his or her responsibility to attend scheduled sessions.
The entire course fee stated on the front is due and payable according to the terms of this agreement, whether or not the Enrollee actually attends.
In consideration for the Center’s promise to provide instruction and facilities, the Enrollee agrees and promises to pay the course fees shown on the front.
In the event of default in the payment of any installment or fee in accordance with the terms above, or a breach of any covenant herein, the entire remaining balance under this agreement may become immediately due and payable.

Rules, Regulations, and Hours
Enrollee agrees to abide by all rules and regulations governing:

The conduct and operation of instruction sessions,
Students,
Parents/guardians,
Spectators/observers,
as prescribed by the Center, in order to promote efficiency, safety, and recognition of the Center’s instruction standards and certification.

Enrollee acknowledges that:

Rules and regulations have been adopted and may be changed from time to time.
Enrollee agrees to abide by all such rules and regulations as adopted or later amended.
The Center’s hours of operation and class schedules may be changed at the discretion of the Center.
The Center reserves the right to revoke or terminate any agreement for violation of rules, non-payment, or conduct deemed unsafe or inappropriate.
Waiver and Release of Liability / Assumption of Risk
Enrollee agrees that:

All exercises, classes, sparring, drills, and related activities are undertaken at the Enrollee’s own risk.
Each Enrollee has taken reasonable steps to determine, and hereby represents, that he or she is in good health and physically capable of participating in the exercises, programs, and procedures as explained by the Center’s staff.
Enrollee understands that:

Martial arts and related activities involve inherent risks, including but not limited to falls, contact with other participants, equipment-related injuries, and other potential injuries that can be serious.
With this knowledge, the Enrollee (and, if a minor, the parent or legal guardian on the Enrollee’s behalf) agrees to:

Assume all risks of injury or damage that may arise from participation, whether occurring on or off the premises, at the Center, at events, tournaments, demonstrations, field trips, or special activities.
Indemnify, defend, and hold harmless the Center (ProComp Sport Martial Arts), its owners, officers, directors, instructors, employees, volunteers, and agents from and against any and all claims, demands, causes of action, damages, losses, or liabilities arising out of:
Accident or injury to the Enrollee, or
Accident or injury to any third person accompanying the Enrollee,
during the performance or execution of exercises or participation in any activity related to the Center, on or off the premises.

The company owning the Center, and its agents and employees, shall not be responsible for damaged, lost, or stolen articles, whether inside or outside the facility.

Acknowledgment Regarding Child Supervision / After-School / Camps
The Enrollee understands and acknowledges that:

ProComp Sport Martial Arts is not a licensed day-care facility; it is a martial arts and fitness training center.
The intent of the Center is to teach the physical, mental, and emotional skills of martial arts.
The Center is not responsible for continuous supervision and care of any child(ren) outside of specifically scheduled class times or defined program hours (e.g., after-school pickup times or summer camp program hours).
Further, the Enrollee authorizes and acknowledges that:

His/her child(ren) are free to come and go from the Center at the appropriate release times,
The Center is not responsible if a child chooses not to attend a scheduled class or leaves the premises once released in accordance with the Center’s policies.
Media Release
The Enrollee and each Member irrevocably authorize the Center, its successors and assigns, and those acting under its authority, to:

Photograph, video record, and/or audio record them;
Use, reproduce, publish, and display such images and recordings, in whole or in part, with or without their name, for art, advertising, social media, training, or any other lawful purpose whatsoever, without compensation of any kind.
This authorization includes, but is not limited to, use on websites, social media, printed materials, and promotional materials.

Non-Compete / Non-Solicitation
In consideration of the training obtained at ProComp Sport Martial Arts, the Enrollee and each Member agree that they will not, individually or collectively:

During the term of this agreement, and
For a period of five (5) years following termination of their association with the Center,
directly or indirectly:

Engage in teaching martial arts or offering similar training or instruction, or
Operate, manage, consult, or be employed by a martial arts, combat sports, or similar facility
within a fifty (50) mile radius of any school operated by the Center, without the express written authorization of the Center.

Governing Law, Venue, and Severability
This Agreement shall be governed by the laws of the State listed on the front side of this Agreement.

Any action brought to enforce or interpret this Agreement shall be brought only in a court of competent jurisdiction:

In the County and State listed on the front of this Agreement, and
Venue shall lie in the City identified on the front of this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of any other provision, and the remaining provisions shall remain in full force and effect.

Notice Regarding Advance Payments
Notice to Buyer: If you choose to pay for more than one (1) month of this agreement in advance, you are paying for future services and may be risking the loss of your money in the event that this Center and/or this business location ceases to operate.

ProComp Sport Martial Arts is not required to provide any security or guarantee of such advance payments, and there may be no other protection provided to you if you choose to pay in advance.