MARTIAL ARTS PROGRAM MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching/instruction designed to progress you toward ELITE FITNESS while learning martial arts, discipline and self-defense.  The agreement is for coaching/instructional services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.  This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.  

REFUNDS:  No refunds shall be made for services purchased, except as specifically provided in the Agreement.

PAYMENT & BILLING:  The Membership Service and Release of Liability Agreement is between Palmetto Martial Arts School, LLC and you, the member (individually, if you are the member, and /or as agents or guardian of the member). It is agreed by the between Palmetto Martial Arts School, LLC and the membership the member is purchasing, for the benefit of the member, a fitness program membership, from Palmetto Martial Arts School, LLC according to the terms on the front and reverse side of this Service Agreement. Accepted forms of payment are: (1) Monthly payment by credit card or EFT per the guidelines on page one of the Agreement.  The date the Agreement is signed shall be the billing date for the Member.  Each month on this date, the monthly payment is charged to the Member’s credit card, or deducted from the Member’s account. The minimum term agreement is (7) months for any member 6 & above, Tiny Tornado’s minimum term is (4) months.

MEMBER’S RIGHT TO CANCEL:  The Member may not terminate or cancel the Agreement except as follows:  (1)  If by reason of death or disability, Member is unable to receive all Palmetto Martial Arts School LLC services for which Member has contracted, Member and Member’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and (2) In the event the Member moves further than 25 miles from Palmetto Martial Arts School LLC, Member may terminate this agreement by supplying proof of new residence. All Cancellations must be made within sixty (60) days of canceling this agreement. 

MEMBER’S RIGHT TO HOLD:  The Member may, for periods from 30 to 90 days, “put on hold” the Agreement up to one (1) time per contract.  “Hold” indicates a hold in the membership, NOT in the Payment & Billing.  Billing continues through the hold period, and the hold dates get added to the end of the Agreement.  The request to place the Agreement on hold must be submitted prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions:  Member is injured or sick, or Member is pregnant and/or has had a baby.  In both cases the return date will be mutually determined based on the recovery and recuperation of the Member.  

CONTRACT TERMINATION: Palmetto Martial Arts reserves the right to dismiss any student at any time for misconduct (from student, parent or legal guardian) or for actions that would convey an improper image on Palmetto Martial Arts, its staff, or its students. 

MEMBER’S DEFAULT:  Member shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due.  Upon default, Palmetto Martial Arts School LLC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages.  If Palmetto Martial Arts School LLC delays or refrains from exercising any rights under this Agreement, Palmetto Martial Arts School LLC does not waive, nor will Palmetto Martial Arts School LLC lose those rights.  If Palmetto Martial Arts School LLC accepts late or partial payments from the buyer, Palmetto Martial Arts School LLC does not waive the right to receive full and timely payments and other charges due under this Agreement.

SUCCESSORS AND ASSIGNS:  Member agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Member, and anyone claiming by or through Member.

ENFORCEABILITY:  The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.  However, Member specifically agrees all the terms and conditions are to be enforced and Member specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.

GOVERNING LAW:  This Agreement shall be governed and enforced in accordance with the laws of the State of South Carolina.  In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Palmetto Martial Arts School LLC and Member agree that the venue for such action shall exclusively be Greenville or Easley, South Carolina.

ATTORNEY FEES:  In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

ADDITIONAL TERMS AND PROVISIONS

RELEASE OF LIABILITY: MEMBER’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF PALMETTO MARTIAL ARTS SCHOOL LLC:  MEMBER ACKNOWLEDGES THAT THE PERSONAL TRAINING/NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, GYMNASTIC MOVEMENTS, NON-CONTACT AND CONTACT SPARRING, VARIOUS AEROBIC CONDITIONING AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY PALMETTO MARTIAL ARTS SCHOOL LLC (THE “PHYSICAL ACTIVITIES”).  MEMBER ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER MEMBER’S PARTICIPATION IN THE PHYSICAL ACTIVITIES.  MEMBER FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, SLIP AND FALL BY MEMBER OR AN UNKNOWN HEALTH PROBLEM OF MEMBER.

MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES.  MEMBER AFFIRMS THAT MEMBER IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICIAL ACTIVIES.  MEMBER ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND MEMBER AGREES THAT IT IS THE RESPONSIBILITY OF MEMBER TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF MEMBER TO TAKE PART IN PALMETTO MARTIAL ARTS SCHOOL LLC PHYSICAL ACTIVIES.  BY SIGNING THIS AGREEMENT, MEMBER AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES.  MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.

MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM ANY VIRUS OR BACTERIA THAT THEY FEEL THEY CONTRACTED FROM THE SCHOOL. 

MEMBER, ON BEHALF OF MEMBER, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES PALMETTO MARTIAL ARTS SCHOOL LLC (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT MEMBER MAY HAVE FOR INJURIES OR OTHER DAMANGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN PALMETTO MARTIAL ARTS SCHOOL LLC ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.

IMPORTANT NOTE: Member, by agreeing to partake in the Palmetto Martial Arts School LLC training program and related activities, agrees to release Palmetto Martial Arts School LLC from liability due to participation. 

By signing this Agreement, Member acknowledges that Member has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions on the reverse side) after having the opportunity to have it reviewed by an attorney at the discretion of Member.  Member further acknowledges Member had received a filled-in and completed copy of this agreement, which includes the E.F.T. request, the release and waiver of liability, and Additional Terms and Provisions located on the front and reverse side of the Agreement.  This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Member and Palmetto Martial Arts School LLC.  Palmetto Martial Arts School LLC has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Member to enter into this Agreement.  Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.

YOU, THE MEMBER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE AGREEMENT, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS.  TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE MEMBER, ARE CANCELLING THIS AGREEMENT.

EFT Request and Authorization: Member hereby authorizes Palmetto Martial Arts School LLC or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Member and accepted by Palmetto Martial Arts School LLC for payment of any and all fees, late charges, costs, expenses or any other monies due to Palmetto Martial Arts School LLC under the terms and conditions of this Agreement.  Member understands that Member is entitled to notice of all varying charges and withdrawals under the EFT, but Member waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Member agrees are not varying charges or withdrawals. Member may change the account designated herein upon thirty (30) days written notice to, and approved by, Palmetto Martial Arts School LLC.  Member may timely notify the financial institution in control of Member’s account to terminate this Request, buy such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law.  Palmetto Martial Arts School LLC or its assigns reserves the right to add the following fees to the Member’s account balance should any of the following occur.  Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars.  Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.

Automatic Renewal: Upon the expiration of the original term or any renewal term of membership, Member’s membership term shall be automatically renewed for the same term previously signed for unless, at least within thirty (30) days prior to the renewal date, either party gives the other party written notice of its intent not to continue the member’s relationship. During any renewal term of membership, the terms, conditions and provisions set forth in this Agreement shall remain in effect unless modified in accordance with the terms and conditions within this membership agreement.