MEMBERSHIP AGREEMENT

MEMBER INFORMATION

This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.

MEMBER APPLICATION AGREEMENT

Type of Membership:
MEMBERSHIP PRIVILEGES INCLUDE: ALL INCLUSIVE

In consideration of Mamba Martial Arts Academy granting immediate use of its facility upon use acceptance of the offer, the undersigned promises to pay Mamba Martial Arts Academy, its representatives, successors or assigns the total sum of detailed by one of the following methods of payment.


This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Account Type:
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.

TERM OF MEMBERSHIP: Services and privledges purchased as detailed in this agreement shall be for a period of:

This field is required.
This field is required.
This field is required.

MEMBERSHIP DEFITIONS: A 'Cash Membership' shall entitle the member the use of the facility for a period of months as shown above which also indicates the expiration date. There shall be no renewal rights other than the current rate structure in effect at the time of his/her expiry unless otherwise indicated. If it is a 'Pre-Authorized Payment Memberships', the expiry date will be the anbiversary date. The payment will continue beyond the anniversary date to allow the member to continue his/her membership without having to pay another fee. However, the member may be subject to changes in monthly dues acccording to the rate structure in effect at the time of his/her anniversary or due to rate increases throughout the year.

LATE DUES: Mamba Martial Arts Academy reserves the right to suspend memberships for accounts with outstanding dues of 30 days or more; and charge processing fes for 'Non Sufficient Funds', 'Declined Credit Cards', any any other associated fees with collection services.

VOLUNTARY CANCELLATION OF MEMBERSHIP: In the event that the member wishes to cancel their membership contract before the initial anniversary date, they will be subject to a cancellation fee equal to one third of the value of the remaining contract. For example. 2 months remaining at 33% of the dues. However, Mamba Martial Arts Academy reserves the right to waive this fee. Members wishing to cancel their membership anytime after their intitial anniversary date may do so free of charge. Anyone wishing to cancel a membership contract must complete the 'Membership Cancelation Form' in person and allow 30 days for it to be processed. No cancelation will be accepted over the phone, through email or by fax.

OBLIGATIONS: The member agrees that any failure on his/her part t take advantages of the privledges of membershp shall not relieve the member from obligation; regardless of the circumstances; to pay for this membership in full unless otherwise provided herein.

ADDITIONAL TERMS AND CONDITIONS: Additional terms and conditions, including rules and regulations of membership contained herein and as contained on the back of this format. All provisions hereof bind the member in the same way if they were printed on the front of this agreement.

ACCEPTANCE: 'Acceptance' when used herein shall mean execution of this application and agreement by an authorized signatory of Mamba Martial Arts Academy and delivery of a copy of same to the member.


This field is required.
Paid By:

The undersigned acknowledges that:

  1. He/She is desirous of using, as a member on a membership basis, the fitness club as listed on the waiver form.
  2. He/she has received a completely executed copy of this agreement.
  3. He/She has read terms and conditions and agrees to abide by them.
  4. He/She confirms that there were no verbal presentations other than those specified in this agreement.

This field is required.
This field is required.
This field is required.
This field is required.

UNDER AGE MEMBERS: Should a child or minor (under 18 years of age) be participating in the program offered by the Mamba Martial Arts Academy, a parent or legal guardian must complete all the above information and sign below thereby giving the child or minor permission to participate in the program.

This field is required.
This field is required.

This agreement is rescindable pursuant to the Customer's Protection Act of British Columbia within 7 days of being given written notice by double registered mail together with the membership card and given receipts of Mamba Martial Arts Academy, #105-31581 South Fraser Highway, Abbotsford, BC, V2T 1T8.

This field is required.

ADDITIONAL TERMS AND CONDITIONS OF CONTRACT

LAW APPLICABLE: Provincial law governs this contract.

INVALID PROVISIONS: If any part of this Contract is found to be invalid or unenforceable, the remainder of the Contract will be valid and enforceable.

ENTIRE CONTRACT: This Contract compromises the entire agreement pertaining to membership and no other agreement of any kind, verbal understanding or promise whatsoever will be recognized or binding on us.

SIGNERS OF AGREEMENT: If there is more than one of you signing this Contract each of you is individually responsible to fully perform all obligations under the contract. It is your responsibility to know whether this Contract is in default or that payments have been missed. We are not responsible for notifying you of late payments, or any default proceeding, unless required to do so under applicable law.

NO WAIVER OF RIGHTS: We do no waive our right to have future payments made when due if we accept a late or partial payment or delay the enforcement of our rights on any occasions.

PREPAYMENT: You may prepay the entire amount you still owe of any time.

DEFAULT: You are in default if we do not receive an instalment of payment from you on or before the date is due. Upon default of any payment as shown on the front of this agreement, MAMBA Martial Arts Academy its assignee or agent, may at its option and upon 10 days written notice to the member, declare the whole or any part of the balance to be immediate due and payable and the member hereby agrees to pay a processing fee of $30 for each payment missed. If the member does not pay the balance or payments where due, the member agrees to pay all legal expenses which the club may incur in collecting the total balance due.

PROMISE TO PAY: The member promises to pay Mamba Martial Arts Academy or its assignees the down payment and the total payments as shown on the front of this agreement to the address shown above unless the member receives a notice in writing to make payments to another address.

ASSIGNMENT: The member acknowledges and agrees that this agreement and promise to pay may be assigned by Mamba Martial Arts Academy at its sole option to a third party provided that the member shall receive such notice in writing of any such agreement.

NEW FACILITIES AND PROGRAMS: Mamba Martial Arts Academy reserves the right to provide new facilities and programs at an additional fee.

SERVICE CHARGES: The member agrees to pay the service charges levied against any payments returned to Mamba Martial Arts Academy.

HOURS OF OPERATION: The member agrees to pay the service charges levied against any payments returned to Mamba Martial Arts Academy.


RULES, REGULATIONS AND POLICIES

SIGN IN: All members upon entering any club location are required to swipe their membership card through the machine at the reception counter. Member must present his/her membership card in order to gain entrance into the club. Lost or stolen cards will be replaced upon payment of $5.00 administration fee.

MEDICAL ANALYSIS: Members hereby stipulate that he or she is physically sound and that he or she has had medical approval to proceed with a normal routine exercise.

USE OF FACILITIES: It is expressly agreed that all exercises and use of all facilities shall be undertaken at the member's own risk, and the member represents that he/she is physically able to undertake any and all physical exercises and facilities provided by the club and that the corporation on the reverse side to the contract and or any affiliated companies, shall not be liable for any claims, demands, injuries, actions or causes of action whatsoever to member or property arising out of, or connected with the use of any of the services and/or facilities of the corporation shown on the reverse side of the contract and/or or any of their affiliated companies, or the premises where the same are located and the member does hereby expressly forever release and discharge the said corporation as shown on the reverse side of the contract and/or of their affiliated companies from, all such claims, demands, injures, damages, actions or causes of actions and from all facts of active or passive negligence on the part of such companies, corporations, clubs, centres, their servants, agents or employees. In case of any accident, member agrees and conceded that he will be examined at this/her sole expense by a licensed physician who shall report in writing to both parties. This membership is for the exclusive use of the member whose name is shown on the front.

DAMAGE TO FACILITIES: Member agrees to pay an extra charge for damages arising from any careless use of equipment or dropping of weights etc caused by member. Should any club location or facility be closed and completely unavailable for member's use due to damage by fire, act of God, catastrophe or accident, maintenance, repairs or any other reason at the sole option of the Club, member's membership time shall be extended for a period equal to the time of such unavailability or at the option of the club, the member may be transferred to another club within the same city. It is further agreed that the club's entire premises may be closed or that club's location may be changed, moved or eliminated in accordance with the expiration of lease or other management needs at the sole discretion of Club and member agrees to accept Club decision as final. If location is closed permanently, Club will make ever reasonable attempt to provide member with the rights to use another club within the geographical limits of the same city.

RIGHT TO TERMINATE, OR CHANGE SERVICES, and RATES AND FACILITIES: It is agreed by the member that the club at its sole and absolute discretion, may cancel any member's membership for any violation of the club's regulation and policies. Membership is not transferable and no funds are refundable. It is further agreed that all regulations, policies, facilities, locations, services, hours, rates, annual or monthly dues, member's fees and charges, are subject to change without notice at the sole discretion of the club. Any such change does not affect this contract or agreed payment schedule, or release members of any obligations under the contract.

EXERCISE CLOTHING - For men, women and children: Gym shorts with T-Shirt or sweat suit top and bottoms, socks with soft soled gym shoes must be worn in any weights and cardio areas. Mamba Martial Arts Academy attire (Shirt and/or shorts) and the appropriate uniform (e.g. Kimono) and equipment (e.g. pads, gloves, etc) must be worn in the matted areas and during classes. All equipment must be cleaned and stored as to prevent bacteria and fungus from growing on the equipment. No nudity except in the showers, drying areas and dressing rooms.

It is understood and agreed that the corporation, company, clubs and/or their servants, agents and employees are not responsible for lost stolen articles of clothing or any other lost articles or possessions or personal property.

Member acknowledges that a Club has neither made claims as to medical results nor suggested medical treatments to members. In the event the member becomes permanently disabled during membership terms, which would restrict member's use to less than 50% of total facilities, this contract could be terminated provided that (A) Medical evidence of such disability must be provided by member's physician on forms provided by the club or an official note from a medical physician. (B) Membership instalments must be paid to date. (C) Membership card is returned to club. (Pregnancy would not constitute a permanent disability; therefore member's time could be fully extended for the duration of the pregnancy). If member dies during the membership term, this contract is immediately terminated.

Mamba Martial Art's Academy states that during its regular hours of operation, that there no levels of capacity.

RULES, REGULATIONS AND POLICES as provided above are part of the membership contract and members are obligated to observe and comply with the same. Reasonable changes if necessary, regarding the heath, protection or safety of members, may be posted from time to time around the Club. All membership contracts shall be subject to strict compliance therewith Failure by members to so comply shall permit the Club to suspend Member's use of the facility for a period of up to six (6) months. Suspension does not relieve Members of monthly payment obligation. Any suspension period will be added to the expiration date of this contract.

Privacy: Mamba Martial Arts Academy collects and uses your personal information primarily for the purpose of providing you with the products and services requested from us. All of Mamba Martial Arts Academy products and services are governed by our Privacy Policy. Mamba Martial Arts Academy may also contact you from time to time about your membership account or to conduct market research and surveys in an effort to continually improve our product and service offerings. Mamba Martial Arts Academy will not share your details with any third party companies or agencies.

Representation: You represent and warrant to us that all information supplied by you on the reverse is true and that you are physically able to use the services and/or the facilities at Mamba Martial Arts Academy.

Personal Conduct: a) You agree to abide by the rules, regulation and privileges of membership outlined herein, and posted throughout Mamba Martial Arts Academy.

b) You agree that while you participate in Mamba Martial Arts Academy services and facilities your conduct will at all times be such that it presents no danger to other members or staff, and does not interfere with the quiet enjoyment of the members or staff, or disrupt the staff in performing their duties.

c) We reserve the right to take whatever action is deemed necessary to ensure that you or any guest of yours complies with our rules, regulations and privileges. Mamba Martial Arts Academy in its absolute discretion may suspend or cancel the rights and privileges of membership of any member for any reason at any time.

Entire Agreement: a) You acknowledge that this Agreement and any other forms completed at the same time, constitute the entire understanding between you and us, and that no other understanding or agreement exists between you and us, and that neither we nor any of our representatives or employees and have made any express or implied warranties or representation of any kind to induce you to enter this Agreement.

b) Neither you nor we may change this Agreement unless such changes are agreed to in writing signed by both you and us with the exception of calculation errors and automatic fees listed on the front of the agreement.

c) If any portion of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect.

For value received all monetary obligations of the Buyer hereunder are subject to the terms and conditions of any Master Agreement by and between Seller and Assignee applicable thereto.