Parties: The Fitness Service Agreement (The “Agreement”) is between Ghost Squad Castle Rock, an S.Corp Company and you (“Student). Ghost Squad Castle Rock and Student agrees that Student is purchasing from Ghost Squad Castle Rock, for the benefit of Student Martial Arts and Fitness instructions (“Services”) according to the terms on the front and reverse side of this Agreement. Student further agrees/consents to the use of an electronic signature to record Students commitment to the terms of the Agreement. Notice to Customer: You are entitled to a copy of this Agreement at the time you sign it.
By signing this agreement, student acknowledges that student has read, understood and agreed with all terms and conditions of this agreement, after having the opportunity to have it reviewed by an attorney at the discretion of student. Student further acknowledges student has received a filled in and completed copy of this agreement, which Full Release of Ghost Squad Castle Rock, clients acceptance of release and waiver, and all additional terms and provisions located on the front and reverse side of the Agreement. This agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between student and Ghost Squad Castle Rock Academy. Ghost Squad Castle Rock Academy has made no express if implied warranties or misrepresentations other than those expressly set forth in this agreement to include Student to enter in this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original agreement. The Agreement is fully assigned by Ghost Squad Castle Rock Academy
Refunds: No refunds shall be made for services purchased, except as specifically provided in this agreement
Arbitration of disputes: All claims and disputes between student and Ghost Squad Castle Rock involving amounts in excess of $1,000.00 will be submitting to binding arbitration pursuant to the rules of the American Arbitration Association as its official nearest to the facility in which Student received the services. This means that student of Ghost Squad Castle Rock cannot sue each other in court in regards to claims or disputes, and student and Ghost Squad Castle Rock waive the right to trial by jury. The appointed neutral arbitrator may conduct a hearing and render a decision in student absence if, after due notice student fails to appear. Claims and disputes covered by this or arbitrates include all matters relating to this agreement and students personal training or martial arts instruction including, without limitation, monies, facility, representation and injuries to person or property.
Students default: client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, obligation to make payments as and when due. Upon default, Ghost Squad Castle Rock shall have the rights and remedies available, including termination of this agreement and institution of an action for all applicable damages. Ghost Squad Castle Rock accepts late or partial payment from student, Ghost Squad Castle Rock does waive to receive full and timely payments and other charges due under this Agreement.
Student’s Acknowledgment & assumption of risk: Student acknowledges that the service purchased hereunder including participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, and stationary bicycling, various aerobics conditioning machinery and possible various nutritional programs offered by Ghost Squad Castle Rock (the “Physical Activity’s”). Student acknowledgement these Physical involve the inherent risk of physical injury or bones, shin splits, heat prostration, knee/lower back/foot injury and any other illness, soreness, or injury however caused, occurring during or after student’s participation in the Physical Activities. Student further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over exertion of Student, slip and fall by Student, or an unknown health problem of Student. Student agrees to assume all risk and responsibility involved with Student participation in the Physical Activities. Student affirms that student is in good health and physical condition and does not suffer from any disabilities that would prevent or limit participation in the Physical Activities. Student acknowledges participation will be physical and mentally challenging, and student agrees that it is the responsibility of Student to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of student to take part in the Physical Activity. By signing this Agreement, Student asserts that Student is capable of participating in the Physical Activities. Student agrees to assume all risk and responsibility for Student’s exceeding his or her physical limits.
Limitation of Liability and Full Release of Ghost Squad Castle Rock: You hereby acknowledge and agree that your use of Ghost Squad Castle Rock facility, services, equipment of premises, involves risk of injury to persons and property, including those described above and below, and you assume full responsibility for such risk. In consideration of being permitted to enter any facility of Ghost Squad Castle Rock for any purpose including, but not limited to, observation, use of facilities services or equipment or participation in any way, you agree the following :You hereby release and hold Ghost Squad Castle Rock: its directors, officers, employees , and agents harmless from all liability to you and your personal representatives, assigns, heirs, and next of kin for any loss or damages, and forever give up any claim or demands therefore , on account of injury to your person or property, including injury leading to your death, whether caused by the active of passive negligence of Ghost Squad Castle Rock premises or using any Ghost Squad Castle Rock facilities, services or equipment. You also hereby agree to indemnify Ghost Squad Castle Rock form any loss, liability, damage or cost Ghost Squad Castle Rock may incur due to your presence in, upon or about the Ghost Squad Castle Rock premises or in any way observing or using any facilities or equipment of Ghost Squad Castle Rock whether caused by your negligence or otherwise. You represent (a) that you are in good health and physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health and (b) that you have consulted a physician concerning an exercise program that will not risk injury includes (but not limited to): injuries arising from you or other participants in supervised or unsupervised activities or programs at Ghost Squad Castle Rock: injuries and medical disorders arising from exercising at Ghost Squad Castle Rock such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others: and accidental injuries occurring anywhere in Ghost Squad Castle Rock Academy dressing rooms, showers, and other facilities. You further expressly agree 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 Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
Successors and Assigns: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Student, and anyone claiming by or though Student. Ghost Squad Castle Rock may assign this Agreement, including Students payment obligation herein.
Enforceability: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement., which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision mat be reduced or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/ or the like, and so enforced. However, Student specifically agrees all the terms and conditions are to be enforced and Student specifically waives any statue or other right of any type, which would invalidate the enforceability of any provision of portion of a provision of this Agreement.
By signing I agree and understand all rules and regulation of this contract and obey by it.
- I Authorize Ghost Squad Castle Rock to charge my credit card on file automatically on a monthly basis for my membership without having to sign a receipt.
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- I am aware that Ghost Squad Castle Rock will charge my card on file automatically every month unless I email a request to cancel or freeze
- I am aware that there will be an automatic $15 late fee for any payments declined. It is my responsibility to change the credit card on file if expired. It is my responsibility to email a stop payment if I do not have any funds at least 1 day prior to my billing date.
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- I am aware that I must email a request to cancel or freeze my monthly membership prior to my billing date in order not to get charged. No refunds will be given if forgotten
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- I am aware that upon my freeze grace period my account will automatically reactivate, unless I request to extend my freeze period.
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- I am aware that martial arts is a contact sport I hold Ghost Squad Castle Rockharmless of any personal liability such as bodily injuries and serious injuries.
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- I authorize my credit card on file to be charged automatically on the event I am graduated to a new belt. The cost of the belt will be a total of $45 (plus taxes). In the event my credit card is declined I am held responsible to make the payment to Ghost Squad Castle Rock at most the next business day
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- I am aware that after completing 1 year, my membership will increase by $5 monthly. This will occur only upon your first year.
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- I am aware that every year Ghost Squad Castle Rock will be closed for 1 week during the week of Christmas and 4th of July.
- I Authorize myself or child to get photographed while in class and am aware pictures may be used for online marketing such as for Instagram, websites, Facebook and other online/printable ads.