AFMAA Terms & Conditions
Version Dated 8/15/2015
- “Member” includes you, any minor for whom you are signing and/or accepting products/services on behalf of, your invited guests, and any of your personal representatives, heirs, executors, spouse, administrators, agents, assigns, or others successors.
- “Membership Agreement” includes any Waivers, Releases, Trial or Membership Agreement and the AFMAA Terms & Conditions.
Applicability. The AFMAA Terms and Conditions applies to your attendance at any class, seminar, special event, camp, or activity (free or paid) that is arranged or provided by Attitude First, LLC, its associated partners or vendors.
Access. AFMAA has the sole discretion to determine the type of class or instruction a Member is permitted to attend, which may be based on, but not limited to, characteristics of age, gender, skill, rank, and maturity level.
Holidays and Closures. AFMAA may close for national holidays, for special events, and for a period not exceeding a total of four (4) weeks in any calendar year for necessary maintenance and other purposes without affecting your payment obligation.
Vacation. Member is responsible for the payments regardless of Lesson attendance or non-attendance. The Membership Agreement allows for the flexible use of Lessons as long as the lessons are used by the Expiration Date.
Safety Rules and Regulations. For safety purposes, Member agrees to abide by the safety rules and regulations of AFMAA, which are incorporated herein by reference, as posted in the school and/or as verbally told to me.
Injury or Illness. If a Member sustains an injury and/or illness that does not permit training for greater than a three (3) month period, the Membership Agreement may be put on hold or cancelled, at the discretion of AFMAA. A letter must be submitted to AFMAA from a physician explicitly stating the medical condition and estimated time the Member will be unable to participate in the program. After the expiration of a hold, the Member will be responsible for the payments and participation required of the Membership Agreement.
Moving. A Member may cancel this agreement if the Member moves further than 25 miles from the current distance between their current residence and the AFMAA. Member must provide written proof of change of address (i.e. Current Utility Bill in Member’s Name. Upon such cancellation, Member shall be relieved from the obligation of making payment for services other than those received prior to the notification of the move. In the event that Member cancels this agreement pursuant to this paragraph and Member had prepaid any sum for services, so much of such sum as is allocable to services the Member has not received shall be promptly refunded. If the Member has used more services than they have currently paid for (i.e. more lessons taken than already paid), a final accounting with the remaining outstanding charges for the Lessons will be submitted to Member for immediate payment.
Changes. The AFMAA may make any modification in the class schedule, instructor, equipment, or facility as deemed necessary and without notice. Such modification does not relieve the member of their payment obligations under any circumstances.
Notice. It is your responsibility to notify the AFMAA of any change in your address, phone number, billing information, or for any matter related to your Membership Agreement. Notices required in writing may be sent by US Mail or by email to:
Attitude First Martial Arts Academy
3530 West Yorkshire Drive
Glendale, Arizona 85308
If you provide notice by email, you must receive a confirmatory responsive email from AFMAA for notice to be deemed to have been provided to AFMAA.
For security reasons, AFMAA does not advise that you update your billing information by email.
You are advised to make such updates by mail, phone or in person.
Email Authorization. AFMAA is authorized to use your email address for notices, billing and for informational purposes.
Belt Promotion, Equipment and Other Fees. Member agrees to promptly pay for any additional fees required by AFMAA, including but not limited to, belt promotion fees and fees for required equipment. Member is not required to purchase equipment from AFMAA, but is required to obtain equipment that meets AFMAA requirements for safety, use and class style. Full payment of fees, dues or payments does not guarantee Belt promotion or certification.
Refunds. AFMAA is not required to provide a refund for any lessons, products, services, or fees and any such refunds will be at the sole discretion of AFMAA.
Additional Payment Terms. In the event Member defaults on any payment due under the Membership Agreement, the entire Total Due under the Membership Agreement shall become immediately due and payable at the option of the AFMAA.
If Member fails to make payment according to the terms set forth in the Membership Agreement, Member will be in default and interest at the rate of twenty four percent (24%) per annum shall be assessed on the delinquent balance from the date of default until the default amount, plus accumulated interest, is paid in full.A $25.00 NSF fee will be assessed by AFMAA if Member’s account does not pay due to insufficient funds. A $20.00 Late Fee will be charged for late payments.
Charges & Taxes. The AFMAA reserves the right to add any tax imposed by the government to your AFMAA monthly fees.
Forum; Costs and Expenses. Member agrees to pay all costs and expenses incurred by AFMAA to collect payments, including but not limited to, attorney fees ($200 per hour), process server fees, and filing fees initiated as a result of any default. Any legal action to enforce the Membership Agreement shall be brought in Maricopa County, Arizona.
Amendments. For subsequent automatic renewal terms of the Membership Agreement, these AFMAA Terms & Conditions may be amended. For an amendment to be effective, AFMAA will provide Member with a copy of any amended AFMAA Terms & Conditions at least ten (30) days prior to any automatic renewal term. Unless Member provides written notice to AFMAA that Member does not accept the amended AFMAA Terms & Conditions prior to the Expiration Date of Member’s current term, the amended AFMAA Terms & Conditions shall be deemed approved by the Member and incorporated by reference into the Membership Agreement for all subsequent renewal terms thereafter.
Entire Agreement & Enforcement. Member acknowledges that AFMAA has not made any representations or promises upon which Member relied that are not stated in the Membership Agreement. The Membership Agreement replaces any previous oral or other written agreement Member may have had with AFMAA. Misspellings or honest mistakes do not constitute invalidation in whole or part of the Agreement. If a court declares any part of the Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If the AFMAA does not enforce its rights under the Membership Agreement, the AFMAA does not waive its right to enforce it later. The Agreement and all digital or scanned copies hereof will be deemed to be valid and authentic.
Cancellation. The Membership Agreement may be cancelled for any reason without penalty or further obligation within three (3) days from the date of first entering into this Membership Agreement by providing written notice to AFMAA by US mail or email in accordance with the terms of the Membership Agreement. This 3-day right of cancellation does not apply to subsequent automatic renewal terms. A subsequent automatic renewal term may be cancelled for any reason without penalty or further obligation by providing written notice to AFMAA at least thirty (30) days in advance of the beginning of the automatic renewal term.