Combat Sports Academy, LLC
Combat Sports Academy, LLC
Business Location: 4570 S Kirkman Rd
Orlando FL, 32811
It is agreed by and between Combat Sports Academy, LLC (hereafter “CSA”) and you, the undersigned Buyer (individually, if you are the Member, and/or as agent or guardian of the Member or responsible party), that you are purchasing a membership from CSA according to the terms on all pages of this Membership Agreement and the current Release of Liability, Informed Consent, Photo Release, Assumption of Risk form (“Agreement”).
CSA grants to the undersigned member the right to participate in a physical conditioning program, including but not limited to engaging in mixed martial arts training, sparring, competitions, physical fitness activities, and any other related events, without respect to location and to use the facilities and services at CSA.
CANCELLATION AND REFUND
Any notice of intent to cancel by the buyer shall be given in writing to health studio. Such a notice of cancellation from the consumer shall also automatically terminate the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.
CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE EXCLUSIVE OF HOLIDAYS AND WEEKENDS. A refund shall be issued within 30 days of receipt of notice of cancellation within 3-day provision. Notice of cancellation shall be in writing subscribed by the buyer upon the mailing or delivery of written notice to the health studio by certified mail is recommended to the seller at the address specified in such from CSA. In the event of death or a physical disability sufficient to warrant cancellation of such contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458,459,460 or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice. The buyer may freeze the membership one time per year for a maximum of 8 weeks with doctor’s consent or temporary relocation and sign a freeze form prior to freezing their six month or one year contractual membership. Payments are to be made consecutively while frozen and that time will be credited upon expiration of membership. Member must notify gym in writing before freezing membership. The business location of health studio is not deemed out of business when club is temporarily closed for repair or renovation: upon sale for not more than fourteen (14) consecutive days, or during ownership, for one more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. The club may offer a refund in the form of a membership extension for that period. Cancellation and refund of a contract if the contracting business location of the health studio goes out of or moves it’s facilities more than five (5) driving miles from the business location designated in such a contract and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles of the business location designated in such contract at no additional cost to buyer.
VALUABLES AND PERSONAL PROPERTY
Members are urged to avoid bringing valuables to the gym. CSA and its employees shall not be liable for the loss, theft, or damage to personal property of members or guests. CSA is not responsible for personal property left behind the front desk.
PHOTO/VIDEO RELEASE
In consideration for the undersigned to participate with CSA for any purpose, including but not limited to touring the facilities, spectating, engaging in mixed martial arts training, sparring, competitions, physical fitness activities, and any other related events, without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she agrees to be photographed, filmed, and audio recorded by CSA and its representatives. The undersigned understands and agrees that by signing this document they have relinquished any and all right to any and all value derived in any form by CSA in the utilization of any audio-visual content in any form. The undersigned also understands and agrees that if they do not consent to the afore-mentioned stipulations in the photo release section of this document they will not be permitted to be within or utilize the private premises of CSA and will VACATE IMMEDIATELY.
LIMITATION OF LIABILITY
In consideration for the undersigned to participate with CSA for any purpose, including but not limited to engaging in mixed martial arts training, sparring, competitions, physical fitness activities, and any other related events, without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program.
It is further warranted that such entry into CSA or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated programs have been inspected and carefully considered and that the undersigned finds and accepts the same as being safe and reasonably suited for the purpose of such observation, use, or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER CSA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH CSA, WITHOUT RESPECT TO LOCATION, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE CSA, its directors, officers, employees, and agents from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein, or participating in any program affiliated with CSA.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about CSA premises or in any way observing or using any facilities or equipment of CSA or participating in any program affiliated with CSA, whether caused by the negligence of the releasees or otherwise.
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of releasees or otherwise while in, about, or upon the premises of CSA and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with CSA.
THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
RULES AND REGULATIONS
Members and guests agree to abide by all rules and regulations reasonably established by CSA for the best interest of the membership, whether posted or communicated orally, including, but not limited to, behaving so as not disturb, annoy, endanger others, or other undesirable behavior. CSA reserves the right to revoke privileges for infraction or violation of rules and regulations of the terms of this contract. Upon such revocation, no part of the membership shall be refunded.
TERMS AND AGREEMENT
Memberships are not transferable and cannot be sold.
ENTIRE AGREEMENT
This agreement contains the entire understanding of the parties. No other representations have been made to induce the execution hereof by member. This agreement may not be modified except in writing, signed by both parties. Member is not transferable in the event that any provision of this agreement shall be void or unenforceable under the law of any governmental body having jurisdiction than in such event, the offering term of provision shall be deemed deleted from this agreement and the remainder of this agreement shall continue in full force and effect.
CONSUMER AFFAIRS
As a member, the club advises you to contact the department of consumer services at division of Consumer Services Tallahassee, FL 32399-0800 within sixty (60) days for information should the club go out of business.
TERMS OF CONTRACT
THE INTIAL MEMBERSHIP CONTRACT SHALL NOT BE FOR A PERIOD IN EXCESS OF 36 MONTHS, AND THEREAFTER SHALL ONLY BE RENEWABLE ANNUALLY, SUCH RENEWAL CONTRACTS MAY NOT BE EXECUTED AND THE FEE PAID UNTIL 60 DAYS OR LESS BEFORE THE PRECEEDING CONTRACT EXPIRES. IN THE EVENT OF MEDICAL CANCELLATION, A REFUND WILL BE BASED ON NON-ANNUAL MONTHLY RATE. PROOF OF ILLNESS REQUIRED FROM PHYSICIAN (NOTARIZED LETTER).
NOTICE TO BUYER
DO NOT SIGN THIS AGREEMENT BEFORE READING THE PROVISION UNDER CAPTION CANCELLATION AND REFUND. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH CLUB IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
SERVICE CHARGE
EXEMPT FROM CHARGE, INSUFFICIENT PAYMENTS WILL RESULT IN A $35.00 SERVICE CHARGE.
LATE CHARGE
If a payment is more than three (3) days late, a $35.00 late fee per month will be assessed. If payment is more than three (3) days late, an additional $5.00 on top of the $35.00 late fee will be applied per day late, excluding Holidays.
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I understand that I have signed a contract/note. My failure to regularly attend and utilize center facilities does not relieve me of my obligations, regardless of the circumstances, to pay the installment note in full. I understand that, except as herein provide, my membership is absolutely non-cancelable. Should I default, I agree to pay all costs of collections, including but not limited to Collection Agency fees up to 30% of the unpaid balance.
Combat Sports Academy
