Welcome to Mission West Academy of Martial Arts

TERMS OF PROGRAM:

TUITION RATES - Tuition Rates are based on industry standards, and they may change as required by STUDIO at any time. Prepayment Discounts are Available.

NO REFUNDS - All tuition, monthly or prepaid, is always non-refundable, regardless of any promises by staff members. Only the General Manager may approve refunds. Studio Credit may be applied at the discretion of the Chief Instructor.

TEACHING AND CLASS LENGTH: The STUDIO agrees to provide the STUDENT with martial arts lessons on a scheduled basis established by the studio. Group
lessons are approximately 45 minutes long. Personal lessons may consist of 1-4 students and are approximately 30 minutes. The STUDENT agrees it is their responsibility to attend classes.

YOUR RESPONSIBILITY TO SHOW UP - The STUDENT further understands and agrees that all tuition payments are not affected by their schedule and/or
attendance.

NO COMPLETEING CLASSES - Additionally, failure to complete the lessons does not relieve the STUDENT of their obligation to pay the tuition in full, when due.

INSTRUCTORS - STUDIO will provide professional instructors to fulfill this contract, but cannot promise any specific person.

PAYMENT COMES FIRST - Student agrees to pay for classes FIRST before attending any sessions. If the STUDENT has not completed their tuition payment, STUDIO shall not be required to teach any lessons with relation to STUDENT.

LIABILITY WAIVER - The STUDENT assumes all risks inherent and incidental to the martial arts as a condition for applying for admission to this Karate Studio. STUDENT agrees to hold STUDIO (including LLC and individual members/officers), its students, senseis, members, managers, instructors, officers, agents, and all others (collectively “Releasees”) HARMLESS should an
accident occur (including death) whether arising from the negligence of the Releasees or otherwise.

PHOTO RELEASE - The STUDENT further agrees that STUDIO keeps all rights to use any and all pictures, and video, taken during class, including and not limited to usage for instructor training and advertising, unless specifically requested to in writing by STUDENT ahead of time. Unless specified otherwise by STUDENT, STUDIO reserves all rights to use the STUDENT's likeness and image as needed in any form.

EQUIPMENT PURCHASE AND USE - The STUDENT agrees to purchase all sparring, apparel, martial arts equipment, and any other training materials
through STUDIO in order to meet all standards and insurance requirements of STUDIO.


CANCELLATION PROCEDURE - The STUDENT may cancel the Agreement at any time, providing a 30 Day Advanced Written Notification to STUDIO, full payment of their last month’s tuition (charged upon receipt) and appropriate Cancellation Fee

CANCELLEATION FEES - $100 for 6 month programs, $250 for 12 month programs, and $350
for 24 month programs.

NO CANCELLING FOR LACK OF ATTENDANCE - STUDIO shall not cancel any STUDENT due to lack of attendance.

PREPAID PROGRAMS - Prepaid agreements require a 30 day notice as well AND SHALL
NOT BE REFUNDED IF NOT COMPLETED.

FAILURE TO COMMUNICATE - In the event that STUDENT fails to provide proper notification (including only email, fax and written forms)
STUDENT agrees to pay all tuition billed until notification is delivered to the General Manger. Phone calls, text messages, or “promises” made by the staff are not acceptable, only written cancellation as indicated in this Agreement. Notices received from other sources, other than the Responsible Party and/or STUDENT shall not be accepted.

VACATION AND "ON HOLD" - STUDENT has the right to request to stop billing via a written Vacation/Time-off Notice available at STUDIO. However, these notices have an expiration date of up to 30 days from day signed, and they require a $50.00 fee to hold the membership active. STUDENT must sign these notices with 30 days in advance; otherwise, STUDENT shall still be responsible to pay during the current billing period. STUDIO always ASSUMES STUDENT will continue with scheduled training after time off or vacation time has lapsed, and shall continue to bill STUDENT automatically once notice has ended. STUDENT understands that signing a Vacation/Time-Off Notice is not the same as a 30 day Notice to Discontinue Lessons.

PAYMENT - Tuition payments are due in full on or before your scheduled due date. Monthly Tuition Payments and Prepaid Payments are non-refundable
for any reason. There will be a $25.00 late charge for all payments received 7 days past your scheduled due date. There is a $35.00 service charge for all returned
checks (ACH and Credit Cards included)

AUTOMATIC RENEWAL - This Agreement will renew under the same terms and conditions Automatically, unless responsible party provides a 30-day
written notification to STUDIO. Prepaid agreements renew automatically on the specifically scheduled term.

DISMISSAL - STUDIO reserves the right to dismiss any STUDENT for misconduct or action, which may convey a bad image for STUDIO. These include but are not limited to use of foul or inappropriate language at the dojo, aggression of a student and/or instructor, damage of the studio, and any other behavior deemed by the Chief Instructor to be inappropriate and/or disruptive to the class and others around it.


PAYMENTS TO BILLING COMPANY: Your studio has selected KMV Billing (“KMV”)as its billing partner. In the event that the Student’s name, address, or telephone number changes, or if the Student wishes to correspond with KMV, please mail the new information or correspondence to: Auza Li International, LLC., 25108 Marguerite Pkwy., A258, Mission Viejo, CA 92692, or provide the new information or correspondence to the Chief Instructor via email to sensei@karatemv.com

MONTHLY / WEEKLY PAYMENTS -
Automatic Payments/ACH Debits: Your election to pay Student tuition directly from your bank account requires your use of any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. By executing this Agreement, STUDENT and/or the undersigned authorizes KMV to initiate debit entries to the account referenced in the canceled check provided concurrently with this signed Agreement. You further authorize KMV to create an electronic funds transfer or bank draft, which will be presented to your bank or financial institution for payment from your bank account. KMV, in its sole discretion, may refuse this payment option service to anyone without notice
for any reason at any time. By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation; (b) you authorize KMV to make any inquiries it considers necessary to validate
your dispute, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases; and (c) you authorize KMV to initiate ACH debit entries (withdrawals) for the tuition amounts agreed to on the previous side of this Agreement from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. Upon receipt of confirmation through the ACH network that all information is valid, withdrawals will start. Since it often takes at least 30 days from the date of mailing a copy of the Tuition Agreement to KMV. before the first automatic withdrawal occurs, Student must ensure another method of payment if a payment is expected to come due prior to the expiration of 30 days.


CREDIT/DEBIT CARD AUTHORIZATION:
By executing this Agreement, STUDENT and/or the undersigned authorizes KMV to charge your credit card for the sums agreed upon on The Payment Section of this Agreement (your “monthly tuition”). KMV reserves the right to refuse to accept debit card payments from STUDENT in the event that two debits are rejected by the credit card company and/or bank. This Credit Card Authorization may be terminated by the STUDENT at any time upon delivery of written notice, mailed via certified mail, to KMV at the address set forth above. On the effective date of termination of this payment method, all payments outstanding by STUDENT, including any late fees, must be paid
immediately.

CHECK OR MONEY ORDER: Please write your account number on your check or money order and either present it to the Chief Instructor or mail it to KMV with the top portion of your statement. Please do not send cash. To avoid assessment of late penalties, please ensure that payments are received by KMV or the Chief Instructor on or before the due date. Payments are credited based on the date of receipt and not on the postmark date, so please allow adequate time for mail service and delays.


LATE PAYMENTS / INSUFFICIENT FUNDS:
In the event that KMV is unable to make a withdrawal as scheduled due to insufficient funds from which to withdraw, or if an account has been closed, STUDENT and/or the undersigned agree to pay an additional $35.00 to cover bank service charges. This service charge, as well as any penalty charges assessed by KMV’s bank, will be due and payable by you upon demand. Late charges will be assessed for any payment not received on or before the due date. There is no grace period.


PAYOFF REQUESTS:
Your program may be paid in full at any time. For assistance with payment arrangements, please contact KMV at the address set forth above or at sensei@karatemv.com or 949-
586-3818.


LESSON SCHEDULING:
KMV does not maintain attendance records, nor is STUDENT’s attendance or non-attendance at one or more lessons relevant to STUDENT’s obligation to tender the amount due each month. STUDENT is responsible for all payments.

MEDICAL HOLD:
A physician’s note and completion of the KMV’s Hold Request Form is required to place a Tuition Agreement on Medical Hold. A Medical Hold is considered the same as a 30 Day Cancellation Notice, without the Cancellation Fee, AND SHALL INCLUDE THE LAST MONTH’S PAYMENT.


AGREEMENT CHANGES:
KMV and/or STUDIO may, in its sole discretion, amend these Terms and Conditions at any time after providing you with written notice of the amendment. YOUR CONTINUED USE OF YOUR BANK ACCOUNT OR CREDIT CARD AS A PAYMENT METHOD AFTER KMV CHANGES THESE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. Your signature on an amended Agreement is NOT necessary. If any change is found to be invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that change shall be severable and shall not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions.


JURISDICTION AND VENUE:
This Agreement shall be governed by the laws of the State of California, with venue in the County of Orange.


ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between STUDENT and/or the undersigned and KMV AND STUDIO, and supersedes all previous agreements, either written or oral, between them. Any modifications of this Agreement will be effective only if in writing and executed by the undersigned and authorized representatives of KMV AND STUDIO. ASSUMPTION OF RISK / RELEASE / COVENANT NOT TO SUE AND INDEMNIFICATION

For valuable consideration and to induce permission to participate in the martial arts instruction offered by this martial arts studio, each of the undersigned agrees to the following terms and conditions, and each makes the following warranties:

WAIVER OF LIABILITY - YOUR TRAINING IS YOUR RESPONSIBILITY - I (STUDENT) acknowledge that the martial arts constitutes a HAZARDOUS RECREATIONAL ACTIVITY which carries with it significant RISK of damage or PERSONAL INJURY, or DEATH to any person or property. Such hazards include cuts, abrasions, fractures, and trauma to any part of the human anatomy including head, back, neck and spinal cord. These injuries may occur as a result of falls, strikes, kicks, punches, equipment failure, bad decision making, negligent or inattentive fellow participants, instructors, or assistant
instructors. I understand that this is not a complete description of all risks inherent in my (or my child(ren)’s) participation in the martial arts, and that other unknown or unforeseeable hazards and risks of harm may occur.

With this in mind, I accept full responsibility for my own safety, as well as for the safety of my minor child(ren), and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, and whether occurring while in the studio or at any other location where I or my child(ren) are engaged in martial arts as part of a martial arts function.

HOLD HARMLESS - I hereby RELEASE and AGREE to INDEMNIFY AND HOLD HARMLESS STUDIO, the Company, its shareholders, officers, employees, members, agents, instructors, patrons and participants, and insurers (hereinafter collectively referred to as “Released Parties”), from and against any liability, demand, claim or right of action for any damage or injury, including paralysis or death, to
any person or property, even if such damage or personal injury results from the NEGLIGENCE of the Company or other Released Parties. I further COVENANT NOT TO SUE or make any demand or claim against the Company or other Released Parties, for or by reason of any such damage or personal injury from my participation in martial arts related
activities at the STUDIO, or anywhere, at any time. I will pay all fees, damages, and costs, including attorney’s fees, the STUDIO or other Released Parties may incur in the enforcement of this Application Agreement.

If I am a PARENT or GUARDIAN of any minor person under 18 years of age participating in the martial arts activities connected to this STUDIO, I make these representations and agree to the terms of this Agreement on behalf of each minor, as well as myself, and I agree to assume responsibility for their safety. I further agree to INDEMNIFY AND HOLD HARMLESS STUDIO, and the other Released Parties, from and against any demand, claim, right of action or suit that may be brought on behalf of any such minor arising from all martial arts related activities related to the martial arts, or anywhere, at any time. I will pay all fees, damages and costs, including attorney’s fees, the STUDIO or other Released Parties may incur in the enforcement of this Application Agreement. I am physically fit and know of no medical or health reason why I or my minor child(ren) should not participate in this activity. I intend this Application Agreement to bind me and my family, my assigns, estate, heirs, and personal representatives. This Application Agreement is severable and shall be interpreted and enforced under the laws of the State of California, with venue in the County of Orange. I have carefully read this document and fully understand its contents, which I adopt as a completely integrated and exclusive statement of the entire terms of agreement.

ENTIRE AGREEMENT - This Application Agreement constitutes the entire agreement between STUDENT and/or the undersigned, STUDIO and KMV, and supersedes all previous agreements, either written or oral, between them. Any modifications of this Application Agreement will be effective only if in writing and executed by the undersigned and authorized representatives of STUDIO and/or KMV.

ELECTRONIC SIGNATURE - You are choosing to sign online to this contract, and you are authorizing to use your name and acceptance to this form as sufficient proof of your intention to ACCEPT the contract AS IS. You, writing your name on the signature part is the same as signing the contract in person. You have READ, UNDERSTOOD AND AGREE to all of the terms detailed above.