TERMS & CONDITIONS:
Auto-renewal policy: Your initial subscription is for 30 days and will auto-renew thereafter every consecutive 30 days at the ongoing rate of $11.75/week processed on a single monthly basis, unless notice is provided at least 3 days prior to renewal date. Permission is being granted by purchaser to Burn Kickboxing, Inc. in pre-authorizing future installments on said program chosen. Unless otherwise noted to Burn Kickboxing, Inc., the financial institution used on file is the institution that will used for future agreed installments. Updating of preferred financial method of payment can be made to Burn Kickboxing, Inc. at any time, and purchaser is solely responsible to report any change in financial institution being used towards said subscription.
Late Fees/Default – In the event that the undersigned fails to remit any scheduled payment within 14 days of its due date, it is agreed that a late charge of $25.00 shall be added to the amount due. This will continue to accrue every 30 days thereafter the said payment has not been made. It is the purchasers responsibility to report any change in financial institution used towards this agreement. If at any time, you do not make said payment, your account could be sold to a Third Party for collection. No member may log in and participate until account is in good standing.
The purchaser does promise to pay Burn Kickboxing, Inc. the sums of money stated herein, and does give the studio permission to sell this agreement to an independent financial institution, or refer it to another company for collection.
This is the entire agreement covering the purchase price of your membership. If any part of this agreement is unenforceable, this will not make any other part unenforceable. Burn Kickboxing, Inc. can waive or delay any of its rights under this agreement without losing them. The undersigned does promise to pay Burn Kickboxing, Inc. the sums of money stated herein, and does give the studio permission to sell this agreement to an independent financial institution, or refer it to another company for collection.
Equipment - Please allow 5 business days (or in some states more) for equipment to arrive. You agree not to hold Burn Kickboxing, Inc. liable for equipment ordered that is lost in transit, or late arrival based on shipping delays due to third party shipping providers. Burn Kickboxing, Inc. is not liable for damaged equipment, it must be dealt with by the supplier. There are no returns to Burn Kickboxing, Inc. Arrangements must be made to and from Century Martial Arts and shipping costs will be applied for returned equipment due to any reason other than damage.
There are no cancellations or refunds of current period registered or signed on for. All sales are final. During your active 30-day subscription, you may opt to cancel the auto-renewal subscription with written notice at least 3 days prior to renewal date, at no penalty or charge. Once your initial 30-day period ends, the initial 30-day subscription will auto-enroll at the same rate. There is no cancellation of the initial 30-day program once your subscription is initiated. You can provide written notice that you would like to opt-out of auto-enroll into proceeding 30-day continued subscription.
Waiver of Liability-Offsite Training/Event/Online Training
This Agreement is entered into between Burn Kickboxing, Inc. (“Studio”)
and the registrant (“Client”).
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity,
including kickboxing, virtual exercise training, the use of items in your home, and personal training, you do so at your own risk and assume the risk of any and all injury
and/or damage you may suffer, whether while engaging in physical exercise or not. This
includes injury or damage sustained while and/or resulting from using any personal equipment, including kickboxing bags, gloves, or any other equipment involved, whether provided to you by Studio or otherwise, including injuries or
damages arising out of the negligence of Studio , whether active or passive, or any of Studio’s
affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk
includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise),
sidewalks, parking lots, stairs, or any equipment. You assume the risk of your participation in
any activity, class, program, instruction, or event, including but not limited to kickboxing, weightlifting,
walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. You
agree that you are voluntarily participating in the aforementioned activities and assume all risk
of injury, illness, damage, or loss to you or your property that might result, including, without
limitation, any loss or theft of any personal property, whether arising out of the negligence of
Studio or otherwise. If you are engaged in online training, you acknowledge that you are not
being monitored by any trainer and that there is no liability to the trainer, facility or studio if there
is an injury sustained.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs,
executors, administrators, agents, and assigns) to release and discharge Studio (and Studio ’s
affiliates, related entities, employees, agents, representatives, successors, and assigns) from
any and all claims or causes of action (known or unknown) arising out of the negligence of
Studio, whether active or passive, or any of Studio’s affiliates, employees, agents,
representatives, successors, and assigns. This waiver and release of liability includes, without
limitation, injuries which may occur as a result of (a) your use of any exercise equipment or
facilities which may malfunction or break, (b) improper maintenance of any exercise equipment,
premises or facilities, (c) negligent instruction or supervision, including personal training, (d)
negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any
portion of your chosen workout area, including injuries resulting
from Studio’s or anyone else’s negligent inspection or maintenance of your workout area, home, or premises,
(e) training you undertake that is online only without the supervision of a trainer. Although trainers are observing and providing feedback, you acknowledge that this is provided without guarantee of instruction and you accept all related injuries or accidents pertaining to the workout. The trainer will
provide step by step instruction on completing the exercise in a safe manner but cannot monitor
you while you are completing these exercises. If you are unable to complete the exercise due
to physical limitation or lack of understanding DO NOT attempt. If you do attempt, you will be
liable for any injury sustained.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of
risk agreement is intended to be as broad and inclusive as permitted by the law in the State of
New York and that if any portion thereof is held invalid, it is agreed that the
balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that you
have carefully read this waiver and release and fully understand that it is a release of liability,
express assumption of risk. You are aware and agree that by executing this waiver and release,
you are giving up your right to bring a legal action or assert a claim against Studio or Studio ’s
negligence, or for any defective product used while receiving personal training from Studio . You
have read and voluntarily sign (by typing your name in the box below) the waiver and release and further agree that no oral
representations, statements, or inducement apart from the foregoing written agreement have