Membership Agreement (Read Carefully Before Signing)
The undersigned (“Payor”), in exchange for Payor or his or her minor child or other person identified (“Member”) being permitted to participate in the programs and activities identified below (the “Activities”), hereby, on behalf of Payor and Member, enters into this membership agreement (the “Agreement”) with Total Impact Martial Arts And Fitness, LLC (“Total Impact”) on the terms described herein. BY PROVIDING HIS OR HER SIGNATURE BELOW, PAYOR CERTIFIES THAT PAYOR HAS READ AND FULLY UNDERSTOOD THIS AGREEMENT AND AGREES TO ABIDE BY ITS TERMS.
Term. This Agreement shall be in effect for 12 months (the “Term”).
Payments. Payor agrees to make payments on the schedule specified below (each payment deadline being a “Due Date”). By providing the Payment Information below, Payor authorizes Total Impact to charge Payor’s credit or debit card monthly on the Due Date per the terms of this Agreement throughout the Term. Total Impact reserves the right to change the payment Due Date at any time upon notification to Payor. Scholarships and payment plans may be available for qualified students at the discretion of Total Impact. See Total Impact for details.
Penalties. Payor shall pay a $20 late fee for any payment not paid in full by the Due Date, and the Member will not be allowed to participate in Activities until full payment has been made.
Discounts. Total Impact will provide the following discounts to Payor: (1) 10% discount if second family member becomes a Member and additional 5% discount if third family member becomes a Member, provided that such discounts would apply only to the lesser payment amount and only while all such family members remain Members; (2) 10% discount when Payor prepays in full for 12 month, provided that no refund will be made under any circumstances.
Testing Fees. Payor shall pay testing fees (which are in addition to the fees listed below) prior to Member’s belt testing.
Missed Classes/Proration. Makeup sessions for missed classes may be permitted at Total Impact’s discretion. Total Impact may prorate fees in its discretion for students who register after a program has started.
Renewal. Upon the expiration of the Term, this Agreement shall automatically renew for another 12 months with a 5% increase in the amount of all payments, unless either party notifies the other party of its intention not to renew this Agreement prior to the expiration of the Term.
Postponement and Termination. Upon an injury of Member evidenced by a written doctor’s recommendation that Member refrain from the Activities, Member may elect not to participate in the Activities for up to 3 months, during which time to payments will be due from Payor hereunder. To terminate this Agreement prior to the expiration of the Term, Payor shall personally deliver to Total Impact written notice of termination along with a termination fee equal to two monthly payments and all past-due payments of Payor.
Member Dismissal. Total Impact reserves a right to dismiss any Member or terminate this Agreement at any time in its discretion for Member’s or Payor’s misconduct or actions that may injure Total Impact’s reputation. Upon such termination, Payor shall not be entitled to any refund.
Supervision. Total Impact is not responsible for monitoring Members before or after the Activities. A parent/caregiver shall accompany the Member who is under 10 years of age before and after the Activities.
Miscellaneous. Payor must notify Total Impact immediately if the payment method identified below changes. Member shall not be entitled to participate in any Activities prior to providing Total Impact with executed copies of this Agreement and the Participant Waiver & Release, the terms of which are hereby incorporated herein by reference. In the event any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law. The failure of Total Impact to seek redress for violation of this Agreement shall not constitute a waiver of the right to seek such redress. This Agreement may not be amended except in writing signed by the parties. This Agreement shall be governed by the laws of the State of Illinois. Payor agrees to litigate any disputes related to this Agreement in Cook County, Illinois. This Agreement constitutes the entire agreement between Payor and Total Impact with respect to the subject matter hereof. This Agreement cannot be transferred or assigned by Payor to any other person.