Membership Terms and Conditions

1. Failure to attend class does not signify or imply notification to cancel this agreement.

2. Participant’s failure to continue classes during the notification or program period does not relieve the obligation to pay the remaining balance in full.

   Participant’s failure to attend scheduled classes relieves the obligation of the school to provide lessons after the program end date.

3. Undersigned assumes all responsibility for costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney’s fees, and applicable late charges, that may be incurred for default payments.

   If you dispute a credit card charge, or any other charge, and we prevail in that dispute, you agree to pay us $300 to compensate us for the labor in handling the dispute, in addition to other amounts owed.

4. Buckhead MMA may make any modifications in the class schedule as deemed necessary. Such modification does not relieve the undersigned of their payment obligations except as provided herein.

5. We may close Buckhead MMA on holidays, for the purpose of special events, and a period not exceeding four weeks per year for necessary maintenance and other purposes without affecting scheduled fee payments.

6. Buckhead MMA and those acting under its authority reserve the right to use photographs, video and audio recordings, artwork or other likenesses of the participant for marketing, trade, publishing or any other lawful purpose without payment or other compensation.

7. Membership is non-cancelable and nontransferable and no refunds will be provided except as permitted by State Law. Full payment of tuition fees does not guarantee any sort of certification.

8. Undersigned authorizes the use of a disclosed e-mail address and phone number for billing, marketing, or other purposes including SMS, and acknowledges that e-mail text may include financial information pertaining to the membership.

9. You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa.

   To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested.

   Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles. This applies only to fitness memberships, not martial arts memberships, or non-fitness related products or services.

10. If participant becomes totally and permanently disabled during the membership term, he may cancel his contract, and we are entitled to fee in an amount equal to the value of services made available for use.

    This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term.

11. If the member dies during the membership term or any renewal term, his or her estate may cancel the contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term.

    The contract may require the member’s estate seeking relief under this subsection to provide reasonable proof of death.

Ongoing Memberships

Cancellation by participant requires the completion of an authorized Buckhead MMA cancellation form which can be obtained by request. The membership is canceled when all payments due within the specified notification period are paid in full. If a notification period is not specified, the period is 90 days.

The participant retains membership rights and privileges until the notification period expires. Buckhead MMA may raise the tuition rate of ongoing memberships providing advance notice equal to the cancellation notice stated herein. Buckhead MMA may terminate this Agreement immediately at any time for cause including but not limited to violation of any Buckhead MMA policies, procedures or rules.

Ongoing memberships renew automatically each billing period.

Waiver of Liability

1. Participant (or guardian) represents that (s)he is in good physical condition, is not suffering from any heart, lung or other bodily ailment and is in all respects physically fit to engage in the training/program. If the participant has a history of heart disease, (s)he should consult a physician before joining.

2. Participant has been advised that strict observance of the rules and regulations relative to training is mandated and may include the use of protective equipment. Buckhead MMA does not warrant that the protective equipment will completely eliminate the possibility of accident, injury, or death but may reduce the risk of accident, injury or death.

3. Physical contact will be used by employees of the school, other participants and authorized individuals, as part of the course of instruction. Participant has been advised of such fact and gives full consent to any physical contact as may be required or customary to martial arts or other training.

4. In recognition of the possibility of accident, injury, or death connected with martial arts or fitness training, participant (or guardian) waives any right or cause of action of any kind arising as the result of such activity from which any liability may or could accrue to Buckhead MMA, Operation Boot Camp, its officers, agents, employees, instructors and/or participants. Participant (or guardian) also indemnifies Buckhead MMA et. al. above for the same. You acknowledge that our training programs are inherently dangerous.

Consumer Notifications

Third-party billing companies are an authorized agent to bill and collect participant fees on behalf of the school. Buckhead MMA may refer an account to a collection agency or attorney’s office for debt collection and/or credit reporting. Participant is responsible for all costs of collections.

Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of this Agreement. Rather, the invalid, illegal, or unenforceable provision shall be modified to the extent necessary so that it is valid, legal, and enforceable. If such provision cannot be modified, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and this Agreement shall be enforced as if such illegal, invalid or unenforceable provision had never comprised a portion of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.