AGREEMENT EXAMPLE
This Membership Agreement is an example of the Real Agreement that must be digitally signed at the end of the purchasing cycle. There might be some wording changes based on the actual membership purchased. Attitude First encourages, requests, and hopes that you will read the final document carefully BEFORE signing.
Our Guarantee: If for any reason, you no longer want the membership at the time of signing – do not sign the actual digital agreement and notify us to cancel the membership. We will refund 100% of the money accepted for the membership.
By paying for this Agreement, I agree to the following:
1. I understand that I have a membership as listed above and can attend any published scheduled class associated with said membership during my paid time hosted by Attitude First, LLC, Attitude First Martial Arts Academy, or the Attitude First Training Center (known collectively as “AFMAA”). Only the participant specifically named is allowed to attend classes. This membership does not include any other program. AFMAA has the final decision on included programs.
2. I agree to abide by the current AFMAA Terms and Conditions, a copy of which I can review at will at www.attitudefirst.com/terms-and-conditions. The Terms and Conditions as of the date of my payment will be enforced until my next payment.
3. I have signed an AFMAA Authorization for Medical Treatment Authorization along with this Agreement to authorize AFMAA to obtain medical treatment in the event of an emergency. A copy can be found at attitudefirst.com/files/waiver.pdf
4. I have reviewed, understand, and agree to the following terms of the AMFAA Waiver and Release, which has been provided below and is made a part of this Agreement by reference here. A hard copy is available at attitudefirst.com/waiver
5. I have reviewed, understand, and agree to the Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 which has been provided below and is made a part of this Agreement by reference here. A hard copy is available at attitudefirst.com/waiver
6. I understand that AFMAA will provide access to a minimum of 10 eligible classes in any given month (prorated based on the number of days included in the membership or trial ie. a 14-day trial is only 45% of the minimum). This minimum excludes the last two weeks of the year, thanksgiving plus the three days following, all national holidays, scheduled events, and two floating weeks. I understand that any failure on my part to attend classes will not obligate AFMAA to provide me with additional classes. I understand that if AFMAA does meet its average monthly class obligation, AFMAA will provide makeup classes outside of the scheduled classes. For definition: One (1) class will be for the stated time in the current brochure, which is online at www.attitudefirst.com/schedule (and is subject to change without notice.)
For example: A Youth Self Defense Regular Monthly Membership receives 100% of the minimum and should expect a minimum of 10 classes in a month. The classes for this membership include access to scheduled BeyondFIT kids on Monday and Wednesday, Youth Self Defense Level 1 on Monday and Wednesday, SMART on Monday and Wednesday, and White Belt class on Saturday. That would be considered seven available classes (or approx. 63 classes available in the month), so as long as 10 of the 63 classes are given in the month, the AFMAA obligation has been met.
7. I understand that this membership renews automatically monthly until canceled.
8. I agree that my rate will be valid for a year from my first payment of this membership. AFMAA will notify me at least 10 days in advance of any rate increase through email, text, app, or posting at the center, at which time I shall have the option to cancel before the next payment is requested from my bank. Any subsequent rate increases will be guaranteed for one year and will follow the same process as outlined in this section.
9. I understand that if I cancel or place my membership on hold and I choose to re-activate or re-sign up in the future, I will have to abide by any new terms, conditions, waivers, releases, rules, reinstatement fees, and/or pricing.
10. I understand that I have the option to terminate this Membership Agreement upon providing written notice by email, US mail, or facsimile prior to the next payment being requested as stated in the terms and conditions.
11. Financial Responsibility. If I have selected an automatic payment plan, I authorize the AFMAA to make deductions from my credit card/bank account at the times and in the amounts stated in the Payment Authorization. I understand that my financial information is controlled by me, and any change to the method of payment, debit/credit card numbers, expiration dates, or verification codes does not relieve me of the payment obligations created by this Agreement. I agree that the Total Amount due when I sign up for my membership is non-refundable except as may be otherwise provided for in the AFMAA Terms and Conditions.
12. Educational Third Party Payer. If you have selected to process your fees through an Educational Third Party Payer (i.e. ClassWallet), Attitude First will invoice you the monthly fee amount through email (including any fees incurred). You agree to submit the invoice immediately and send us confirmation of invoice submittal within two (2) calendar days of the invoice being provided. If, for any reason, the payment is declined, proof of invoice submittal doesn’t occur within two (2) calendar days, or twenty (20) calendar days have elapsed since the invoice was provided to you with no corresponding payment received, you agree and authorize Attitude First to charge the active card on file.
13. Corrections. I agree that my membership can be corrected by the AFMAA at their discretion and without my permission (up to and including terminating without refund) if I have misused, accidentally, or purposely, any discount, price, type of membership, and/or provided false or incomplete information that would alter my membership or price. If I no longer qualify for the discount applied, then I authorize the AFMAA to change the price at their discretion and without my permission to the correct discount valid at the time of the change.
14. Agreement Survivability. The AFMAA Terms and Conditions, AFMAA Waiver and Release, and the Risk and Waiver of Liability Relating to coronavirus/COVID-19 as agreed under this agreement will survive the termination of this agreement. In other words, any future AFMAA onsite/offsite events, gatherings, classes, memberships, trials, or get-togethers will still be protected and enforceable by said agreements until replaced or canceled.
15. Electronic Signatures. For purposes of this Agreement, the use of a facsimile, e-mail, or another electronic medium shall have the same force and effect as an original signature.
——— AFMAA Waiver and Release ——–
The AFMAA Waiver and Release applies to you, your children, parents, and guardians (known as “you”, “participant”) attending any class, seminar, special event, camp, or activity (free or paid) that is arranged or provided by Attitude First, LLC, Attitude First Martial Arts Academy (AFMAA), its associated partners, vendors or users of the facilities.
1. Terms and Conditions: I have agreed to abide by all terms and conditions that are listed on AttitudeFirst.com/terms-and-conditions/
2. Lost, Damaged, or Stolen Property. AFMAA assumes no responsibility for lost, damaged, or stolen property.
3. Photography and Likeness Release. As a condition of becoming engaging in any activity arranged or provided by AFMAA, You hereby grants AFMAA, and any AFMAA authorized media, Production Company, or promoter(s) the permission to utilize the participant’s appearance, name, voice, and likeness in connection with training and publicity for AFMAA and in connection with the promotion of the AFMAA in any and all manner and media throughout the world in perpetuity. You hereby waive any right that they may have to inspect or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. You hereby warrant that you have the right to make this release and that granting this release and the rights conveyed thereby will not infringe the rights of any third party. You hereby assign all rights, titles, and interests you may have in any and all media in which any or all of your appearance, name, voice, or likeness have been captured in connection with the above to distributors, along with full rights of assignability.
4. Assumption of Risk of Injury. You understand that martial arts and any fitness-related class have an inherent risk of accidental physical injury and you agree that the risk of any such injury is assumed by you. This includes, without limitation, your participation in any activity, lesson, class, program, personal, training, or other instruction. You agree that the participant is voluntarily participating in these activities and assuming all risk of injury or contraction of any illness or medical condition that may result.
5. Ability to Participate; Physical Contact; Risk of Injuries; Safety.
5a. Ability to Participate. You understand that AFMAA recommends that the participant consults with a physician prior to beginning any AFMAA activity. You represent that the participant is in good physical condition, is not suffering from any heart, lung, or other bodily ailment, and is in all respects physically fit to engage in AFMAA’s martial arts curriculum.
5b. Physical Contact. Physical contact will be used by employees, other participants, and authorized individuals, as part of the course of AFMAA instruction. You have been advised of such fact and gives full consent to any physical contact as may be required or customary to martial arts training.
5c. Risk of Injuries. By participating in any class, You accept the risk of related injuries. You acknowledge that AFMAA has no expertise in diagnosing, examining or treating any medical condition.
5d. Safety. You represent that the participant does not pose a risk of transmission of any serious communicable disease (including but not limited to Covid) to other AFMAA participants with whom the participant will be training and that if any such risk becomes known to You, You will promptly notify AFMAA of any such condition. You agree not to use any AFMAA facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies, or inability to maintain personal hygiene, if such conditions pose a direct threat to the health or safety of you or others. You agree that the participant will use AFMAA facilities in accordance with all applicable public health requirements.
6. Protective Gear and Equipment. You have been advised that strict observance of the rules and regulations relative to AFMAA martial arts training is mandated and includes the use of protective equipment and clothing generally accepted by the martial arts and fitness industry. This equipment and clothing may help to minimize the possibility of accident or injury. AFMAA does not warrant the adequacy or suitability of the protective equipment, regardless of whether any such clothing or protective equipment was purchased from AFMAA. You understand that the practice of martial arts involves physical contact and potential bodily injury even with the use of protective equipment. All safety equipment and clothing must be clean and properly maintained or replaced if torn or inadequately functional. AFMAA does not warrant that protective equipment will completely eliminate the possibility of accident, injury or death, but will reduce the risk, accident, injury, or death.
6a. Required protective gear for children and adults: Groin Cup and Supporter is required for males and females. Appropriately fitting mouth guards for all participants.
6b. Recommend protective gear (all ages): Chest Protectors, Head Gear, Hand Pads, and Foot Pads are highly suggested. Shin guards, Forearm guards, Groin Protection (Males only), Crotch protectors (women only), and Breast guard (not necessary with adequate chest protectors) are also suggested.
7. Waiver and Release of Liability. You acknowledge that you and the participant have read this waiver and release and fully understand that it is a release of liability. You hereby waive any right that the participant may have, by or on behalf of yourself, your spouse, or any child (minor or otherwise), to bring a legal action or assert a claim for injury or loss of any kind against AFMAA (and its owners, principals, instructors, agents, directors, officers, promoters, sponsors, advertisers, affiliates, representatives, successors, and assigns) for negligence or arising out of or relating to participation by yourself, your spouse or child in any of the activities, or use of the equipment, facilities, or services provided, or on account of any illness or accident, or damage to or loss of your personal property. In consideration of being permitted to participate or enroll in AFMAA for a course in self-defense or fitness activity, you, your personal representatives, assign, heirs, successors in interest, and next of kin, hereby release, waive, discharge, and covenant not to sue AFMAA, its owners, principals, instructors, agents, directors, officers, promoters, sponsors, or advertisers, all for the purposes herein referred to, from all liability to you, your personal representatives, assigns, heirs, successors in interest, and next of kin, for all loss or damage whatsoever, and any claim or damage, therefore, on account of injury to your person or property or resulting in your death, whether caused by negligence or any other acts of the association.
8. Rights Reserved. AFMAA reserves the right to suspend or revoke any participation in any class, without refund, if You or your guests (1) fail to follow any AFMAA rules and regulations, (2) create a nuisance or disturbance for other participants, (3) engage in acts of moral turpitude or fraud, or (4) engage in fighting, assault or other acts of physical violence, or violations of the law regardless of the location of such acts. AFMAA shall have the sole discretion to terminate or suspend any participant from participation in the AFMAA course of the instruction for these reasons.
——- Risk and Waiver of Liability Relating to Coronavirus/COVID-19 ——-
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
AFMAA has put in place preventative measures to reduce the spread of COVID-19; however, the Center cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Center could increase your risk and your child(ren)’s risk of contracting COVID-19.
By attending the AFMAA for any reason and/or signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the AFMAA and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the AFMAA, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, AFMAA employees, volunteers, and program participants and their families.
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the AFMAA, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any AFMAA program.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that my child(ren) or I may experience or incur in connection with my child(ren)’s attendance at the AFMAA or participation in AFMAA programming (“Claims”). I understand and agree that this release is in addition to the waivers and consents that I have already agreed to or signed.
