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.
TERM OF MEMBERSHIP:
Services and privledges purchased as detailed in this agreement shall be for a period
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.
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
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.
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' 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.
The undersigned acknowledges that:
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 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.
Provincial law governs this contract.
If any part of this Contract is found to be invalid or unenforceable, the remainder
of the Contract will be valid and enforceable.
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.
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.
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.
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.
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
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
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
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.
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
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
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.
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
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.