Membership Waiver and Agreement

Waiver:

 

In consideration for my participation in this facility's kickboxing class both in the facility and online classes, I, the member, acknowledge the existence of certain inherent risks in this type of training and agree to assume all risks. I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge Studio (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Studio or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) Studio improper maintenance of any exercise equipment or facilities, (c) Studio negligent instruction or supervision, including personal training, and participation in any activity, class, program, instruction or any Studio sponsored event (d) my slipping and failing while on or in the facility or any portion of the premises for any reason, including Studio negligent inspection or maintenance of its facility, and (e) exposure to any virus, including the COVID 19 virus.  I also state that I am physically fit to take the prescribed course of instruction and do so of my own free will, and my executing this release is a condition to my participating in any kickboxing class. I also agree that, while I am at the facility, you may photograph, videotape or otherwise record me and use such photographs or recordings to promote the facility and Studio business, including in brochures, on websites or by displaying the same at the facility or other locations.”

MEMBERSHIP AGREEMENT:

  1. Parties - The undersigned (“buyer,” “member” or “you”) has purchased membership from iLoveKickboxing.com and by signing this agreement, agrees to all of the terms. You also agree to follow all written or posted rules and regulations now in effect and to become effective at any future date. You agree to pay all sums due for membership plans and other services purchased. You understand and agree that iLoveKickboxing.com has the right to revoke your membership and discontinue your privilege of using any iLoveKickboxing.com or affiliated facility if you fail to follow the rules and regulations, display improper conduct or default on any obligation to iLoveKickboxing.com. In such an event you will remain liable for any unpaid balance due to iLoveKickboxing.com. Your membership does not give you any rights in iLoveKickboxing.com, its management, property or operations. It is your responsibility to notify iLoveKickboxing.com of any changes in your address or phone number.

  2. Classes and Contact - Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the Studio and may be changed from time-to-time upon notice by the Studio.  Studio agrees to furnish the Member with qualified iLovekickboxing.com instructors to teach and supervise classes, practice sessions and contests conducted by the Studio.  Member understands that during the course of instruction, Studio instructors, authorized personnel and/or other Members will be engaged in a course of conduct requiring physical contact with the Member.  He/she gives full consent to such contact as is required by the training program and classes.

  3. Photos and Videos - The Member consents to the Studio taking photographs or video images while in classes or otherwise in the public premises of the Studio and hereby irrevocably grants the right to use Member’s image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on the website.

  4. Waiver of Liability and Release - You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge iLoveKickboxing.com (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of iLoveKickboxing.com or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) iLoveKickboxing.com improper maintenance of any exercise equipment or facilities, (c) iLoveKickboxing.com negligent instruction or supervision, including personal training, and participation in any activity, class, program, instruction or any iLoveKickboxing.com sponsored event (d) you slipping and failing while on or in the facility or any portion of the premises for any reason, including iLoveKickboxing.com negligent inspection or maintenance of its facility. I agree, for myself and my successors, heirs and assigns that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable attorney’s fees) incurred by the other party or parties in defending against any such action. You agree that you are voluntarily participating in the aforementioned activities and using the iLoveKickboxing.com facilities and premises.

  5. Representations - You acknowledge that neither iLoveKickboxing.com nor anyone else has made any representation or promises upon which you relied that are not stated in this agreement. Your membership allows you to use only the iLoveKickboxing.com facilities, equipment and services as shown and limited to on the front page of this agreement. iLoveKickboxing.com reserves the right to charge extra fees and/or dues for your use of any facility or services not included. This document contains the entire agreement between you and iLoveKickboxing.com and replaces any previous or other written agreement, If iLoveKickboxing.com does not enforce any rights in this agreement for any reason, iLoveKickboxing.com does not waive its right to enforce it later. iLoveKickboxing.com is not obligated to repurchase any memberships. iLoveKickboxing.com reserves the right to sell membership at different rates and terms than yours, if a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. iLoveKickboxing.com reserves the right to change prices of any fees and/or dues for new and/or existing members.

  6. Liability for Personal Property - iLoveKickboxing.com is not responsible for any personal property damaged, lost or stolen in or around iLoveKickboxing.com premises, including that which arises out of iLoveKickboxing.com’s negligence. If you or your guest cause any damage to iLoveKickboxing.com’s property, you are liable to iLoveKickboxing.com for the cost of repair or replacement.

  7. Payment Obligation - You agree to pay the tuition on the front page of this agreement, whether or not you use the facilities, you still must pay your monthly payments. If you are under 18 years of age, an adult is required to sign to guarantee payment. Membership must begin within six months of execution of this membership agreement.

  8. Non-Use - The failure or inability of the Member to use the facilities, classes or services of the Studio for any reason, will neither relieve nor 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 of membership payments.

  9. Default - Default of this agreement shall constitute any non-payment of scheduled monthly payments.  If this agreement goes into default, the entire Contract balance may be payable upon request.

  10. Holidays - The member understands that classes may not be held on national holidays, scheduled vacations or other times as directed by studio management.

  11. Our business registration number with the State’s Consumer Protection    Division is E5106.

 
12. Membership Cancellation Policies and Procedures for ALL Membership Types:
  1. Right to recession. You, the buyer, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, send a signed and dated notice, which states that you, the buyer, are canceling this agreement. Any monies put down in advance are non-refundable. Such notice should be sent via certified mail to: 348A Ritchie Highway Severna Park, Maryland 21146.

  2. Member Disability or Death. If by reason of death or permanent disability, you or your estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability. If you have prepaid any sum for services iLoveKickboxing.com will refund any unused prepaid monthly dues. Your disability must physically preclude you from physically using the studio’s facilities and the condition must be verified by a medical physician. A permanent disability means a condition which precludes the member from using the facilities for 6 months or more. A physician must verify a disability in writing before it can be considered. You must obtain our Medical Treatment Form and have it filled out by your medical physician and returned to us. If it is less than 6 months- you would follow the early termination and penalty cancellation process.

  3. Permanent Move. Your membership may be cancelled with a 30-day notice when you change your residence to a location that is more than 25 miles from all iLoveKickboxing.com studios and a one-time cancellation fee of $299 must be paid. You will then be relieved from the obligation of payment of services other than those received prior to your move. We do need proof of move or military orders as well in writing.

  4. Early Termination and Penalty. If the buyer chooses to cancel their agreement early, tuition payments must be up to date, a 30-day notice must have been received and a one-time cancellation fee of $299 must be paid prior to the end of the cancellation month. Any paid in full memberships are NON-REFUNDABLE, no exceptions.

      Email Address for Official Notice. All requests for cancellations must be submitted in writing via email to             

        SEVERNAPARKMD@ILOVEKICKBOXING.COM

Our Phone#: 410-432-2143

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