Terms and Conditions

AFMAA Terms and Conditions

AFMAA Terms and Conditions

Version Dated 8/1/2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, ANY MATERIAL OR ATTENDING ANY CLASSES. The following applies to you, your children, parents, guardians, and guests viewing or 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 or vendors.

If you have any questions about this policy, the practices of this site, or your dealings with this Web site, please contact us.

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Section A: General Information
Section B: Conditions
Section C: Waiver and Release


Section A: General Information

Definitions.

  1. “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.
  2. “Membership Agreement” includes any Waivers, Releases, Trial or Membership Agreement and the AFMAA Terms & Conditions.
  3. “Company” includes Attitude First, LLC, Attitude First Training Center, Attitude First Martial Arts Academy (AFMAA), Lawrence Robinson II, Joel Levinson, Daniel Lovejoy, any/all instructors (guest or permanent), staff, employees, any/all subsidiaries listed or omitted, and any joint ventures.
  4. “Material” includes all classes, private lessons, products, sites, conversations, books, comments, social media and material that The Company creates or provides.

Applicability. The AFMAA Terms and Conditions apply 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.

 

Section B: Conditions

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, special events, and for a cumulative 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 attendance of classes as long as participation is prior to 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 canceled, 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 35 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, in the event that Member cancels this agreement pursuant to this paragraph and Member had prepaid any sum for services. the remainder of pre-paid funds will be refunded at 50% (based on the number of whole months that are remaining.) Refunds may take up to 30 days.

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

info@attitudefirst.com

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 in addition 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 ($300 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. Any changes to the terms and conditions will be deemed accepted & enforceable by the member and/or responsible party on the date that the member and/or responsible party uses the material, website, views, or participates in ANY company event or class.

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 canceled 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 canceled 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.

 

Section C: Waiver and Release

Lost, Damaged or Stolen Property. AFMAA assumes no responsibility for lost, damaged or stolen property.

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 right, title, and interest 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.

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, 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.

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.

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.

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.

Safety. You represent that the participant does not pose a risk of transmission of any serious communicable disease 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 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 others. You agree that the participant will use AFMAA facilities in accordance with all applicable public health requirements.

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 or accident, injury or death.

Required protective gear for children and adults: Groin Cup and Supporter are required for males and are optional for females. Appropriately fitting mouth guards for all participants.

Recommend protective gear (all ages): Chest Protectors, Head Gear, Hand Pads, and Foot Pads is highly suggested. Shin guards, Forearm guards, Crotch protectors (women only), and Breast guard (not necessary with adequate chest protectors) are also suggested.

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 waives 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.

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.

Removal. AFMAA shall have the sole discretion to terminate or suspend any participant from participation in the AFMAA course of the instruction for these reasons.

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