For the purposes of this Agreement, "ABK" means America's Best Kids, Inc, Athletic Edge, The Court House, America's Best Karate of South Medford, LLC, and all of their affiliates and subsidiaries.
1. Release of Liability, Medical Authorization, Photo Release, Communication.
1.1 Signer Authority. The signer of the agreement represents that they have the legal authorization to waive liability and enter into agreements on behalf of those that they associate with their membership or programs. This includes but not limited to any and all minors. The use of the word (I) in this agreement shall represent the individual signing the agreements as well as all those associated with the membership accounts by direction of the signer either verbally or in writing now or in the future.
1.2 Waiver of Liability. I agree to strictly comply with the rules and regulations of ABK including but not limited to the use of protective equipment, and I hereby represent that I am physically fit to take the prescribed course of instruction and or participation and that I have had an opportunity to observe and/or participate in lessons prior to the signing of this agreement. In understand that failure to comply with the rules and regulations of ABK may result in accident or injury. I have chosen and voluntarily agree to use the facilities, equipment and resources provided by ABK at my own risk with knowledge of the risks involved. I further understand and agree that I release from liability and waive any and all claims or actions for personal injury or death or property damage or loss against ABK, its owners, officers, operators, employees and affiliated persons, whether caused by the fault, negligence, omission, or any other act however caused, of ABK.
1.3 Medical Authorization. I hereby authorize ABK staff to act for me according to their judgment in any emergency requiring medical attention, and hereby waive and release the organization(s) and its staff from any and all liability for injuries or illness incurred while in the facilities and grounds. I have no knowledge of any physical impairment that may affect participation in the organization(s) programs, equipment or amenity use and have read and understand the terms and conditions in the accompanying membership agreement.
1.4 Photo Release. I do hereby give ABK the irrevocable right to use my picture or photograph in all forms for display or advertising or any other lawful purposes.
1.5 Communication. I understand that the billing contact and individuals linked to the account may receive electronic and/or physical communication from ABK and its affiliates, employees, trainers and/or acting agents through email, text, application push notification, physical mail and/or phone.
2. Online Registration, Cancellation Policy & Tuition Contract.
2.1 Online Registration. If participant is under 18 years of age, a parent or guardian must complete online registration. All online registrations and enrollments are considered pending until ABK has reviewed online registration and posted any fees due. Registration will be complete once payment has been processed. The billing contact is responsible for all charges incurred by all members/linked members on the account, minor and/or adult.
2.2 Cancellation. I understand that I may cancel this agreement without any penalty or further obligation within three business days after the date of this agreement, excluding Sundays and holidays. If my contract is for a defined length of time or pre-paid in full, I understand that I will not have the right to cancel my contract after the three-day cancellation period expires. For ongoing contracts without a defined end date, I may also cancel with one calendar month advance written notice. Notice of cancellation shall be in writing using the online cancellation request form found at www.abkfun.com/contact/ or emailed to email@example.com or delivered to America's Best Kids, 1914 Skypark Drive, Medford, OR 97504. I understand that verbal notice shall not be accepted. All students are considered enrolled in the program until the expiration of the one calendar month notice period regardless of attendance.
At anytime during the agreement term, a customer may cancel:
1) If the buyer dies or becomes physically unable to use a substantial portion of those facility services used by the buyer from the date of the agreement until the time of disability;
2) If the facility goes out of business;
3) If the facility moves its facility closest to the residence of the buyer on the date of the agreement to a location more than five additional miles from that residence;
4) If a facility, construction or improvement is not completed by the date represented in the agreement;
5) If the facility materially changes its services promised as part of the initial contract;
If the customer cancels for any of the five reasons listed in the agreement, ABK will provide a refund based on the calculation of dividing the contract price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. Customers will not receive any refund for cancellations for any reason other than those stated above.
2.3 Term or Pre-Paid Contract. If I have entered into a contract for a specified time period, I understand that I am committed to paying for that entire time period regardless of attendance. I understand that pre-paid contracts are for the entire time period of pre-payment regardless of attendance.
3. Tuition, Fees and Payment (Monthly Auto Pay) Policies
3.1 Tuition, Fees and Payment Policies. ABK's membership and program fees will be charged according to current rate schedule, which are subject to change. ABK programs have an Annual Membership Fee of $30 per individual and $60 per family. Tuition is due on the first or fifth of each month, depending on the program, and is based on flat monthly rates. If the participant should receive five classes during the month instead of four there will be no extra charge, although it will be considered a makeup for holiday or weather-related closures. If accounts are paid after the 5th of the month there will be a $5.00 late fee applied to the account balance. ABK may initiate collections actions against or assign to a collection agency any account that is at least 30 days overdue. There is a $25 returned check charge for any checks returned by the bank. I understand that if my check is returned by the bank, or I am late with payments, that ABK will require automatic credit or debit card payments from that point forward. Chargebacks will be reposted to the account, incur late fees retroactive to the date of the fee posting, and will be due in full immediately.
3.2 Auto Pay Policy. I hereby authorize ABK to charge my credit or debit card for all services, products, and fees that I and those linked to my account incur with ABK including but not limited to charges for tuition, memberships, special events, camps, private lessons, seminars, equipment, etc. (Note: Fees are subject to change). I understand that my credit or debit card will continue to be charged on a monthly, session or periodic basis. I agree to notify ABK immediately of any change in the status of my charge account including but not limited to card expiration, name change, limitation of use, loss or theft or the card, etc. In the event that the amount charged is refused for whatever reason ABK will attempt to process payment again. I accept responsibility for full payment for the amount charged as well as any late charges incurred. A $5 per month non-auto debit fee will be charged to all accounts not set up on auto pay. I understand that multiple auto pay failures may result in my account being converted to a non-auto pay account, which incurs additional fees as stated above. I agree that I am responsible for paying all fees incurred for those individuals linked to my account. I agree that I am responsible for paying all fees for purchases made by those individuals linked to my account.
4. Supplemental Programs, Reschedule, and Make-Up Policies
4.1 Supplemental Programs. Training supplements, private lessons, special programs, seminars, and special events are non-refundable, unless otherwise specified.
4.2 Reschedule Policy. I understand that all private lessons and training sessions must be canceled at least 24 hours prior to the time of the appointment; otherwise I will be charged for the session and will not be entitled to reschedule or make-up the appointment. No Exceptions.
4.3 Make-Ups. All make-up classes must be made up within 14 days of the missed class. A cancellation must be made ahead of missed classes in order to schedule a make-up. Make-ups are for registered students only and may not be substituted for tuition. If scheduled make-ups are missed, those classes are forfeited. Make-ups are not scheduled for holiday closures or closures due to weather. An absence must be reported to front desk by phone, email, or in person ahead of missed classes in order to schedule a make-up. Some programs and/or classes do not offer make-ups. In lieu of a make-up class, an Open Gym and/or Open Swim pass may be issued upon request for the student, at ABK's discretion. The passes are non-transferrable and expire 30 days from the date of the missed class.
5. Pool Activities, Swim Release & Parent Supervision Policies
5.1 Pool Activities. All children under 6 years of age, and all children unable to swim regardless of age, are required to have a parent or legal guardian in the pool or on the pool deck at all times during their child's activity in the pool. All swimmers are required to shower before entering the pool.
5.2 Swimming Release. I hereby give ABK staff permission to take my child swimming in ABK swimming pools. It is my understanding that at all times my child will remain on site and be supervised by an ABK Certified lifeguard. During the time which my child is swimming with camp, he/she is under the rules and regulations set forth by ABK and will also be supervised by ABK staff. Children under 6 years of age must have parent or guardian on the pool deck at all times.
5.3 Parent Supervision and Late Pick Up. For all children under the age of 6 years, a parent or guardian must remain on ABK premises at all times. Drop-off is only allowed for children under 6 years when the child is registered and signed-in to an ABK enrichment preschool program, or other program where ABK specifically allows for drop-off, for the duration of the drop-off time period. If any child is not picked up immediately after his/her class, I understand that a charge of $10 will be applied to my account plus an additional $1 a minute for every minute after the first 10 minutes.
6. Specific Programs, Camps, and Activities Policies.
6.1 Karate Policies; Testing Fees. In order to cover the costs of evaluation, registration, promotion, examination, issuance of certificate and new belt, a testing fee is charged at each examination.
6.2 Equipment / Supplies. Students need to furnish their own equipment and / or supplies. These items may vary by both program and level.
6.3 ABK Staff Release. I hereby give ABK staff permission to sign my child in and out of camp on my behalf to participate in activities offered by ABK. It is my understanding that at all times my child will remain on site and be supervised by an ABK staff member. During the time which my child/children are signed out of camp he/she is under the rules and regulations set forth by ABK. I understand that this activity is offered by America's Best Kids, not ABK enrichment, and that the certificate from the Child Care Division for operation of a child care center does not apply. Therefore, the standards from the Rules for the Certification of Child Care Centers may not apply. Some ABK staff may not meet minimum state child care standards, the staff to child ratio may not meet state child care standards and the ABK staff may not have completed a Child Care Division criminal record check.
6.4 Field Trip/ Transportation Authorization. I hereby give ABK staff permission to transport my child for scheduled field trips with the ABK camp program. It is my understanding that transportation will be provided by vehicles owned by ABK, each vehicle will have the correct number of seat belts and will be driven by a licensed driver who is at least 18 years of age. All rules and regulation set forth by ABK after school site and the child care division will be upheld during transportation. It is my understanding that scheduled field trips will be announced ahead of time and cleared with the parent/guardians of the child. Field trips may incur additional fees.
6.5 Specialty Camps. Are non-refundable and non-transferable.
6.6 Day Camps. Scheduled camp dates may be changed up to 7 days prior to that week's camp when space is available. I understand that I may cancel this agreement without any penalty or further obligation within three business days after the date of this agreement, excluding Sundays and holidays. After three days, a full refund less 10% processing fee will be granted if cancellation is made 30 days or more before first day of the camp week, a 25% processing fee will be charged if made 15- 29 days prior to first day of the camp week. (Note: Campers attending individual days are considered a camper during the weeks that their individual days fall within for cancellation purposes.) No refunds are granted 14 or less days. Except as expressly provided otherwise herein, all other cancellation policies set forth in Section 2.2 above apply, including the requirement that all notices of cancellation must be made in writing. All students are considered enrolled in the camp until written notice is given regardless of attendance.
6.7 Staff, Trainers, Coaches and Instructors. I understand that staff, trainers, coaches, and instructors in events, classes, individual sessions or group sessions, may be replaced at any time by other staff, trainers, coaches, and instructors.
7. Athletic Edge and Court House Additional Policies
7.1 Minor Members at the Court House
Minors are eligible for membership at the Court House at the age of 7 years. Minor members ages 7-9 years:
1) must have a parent member in the facility at all times;
2) must be within eyesight of a parent if the child is unable to comply alone to all policies;
2) may only participate on the courts and the turf; and
3) may not go into the strength or cardio areas under any circumstance.
Minor members ages 10-13 years:
1) may be in the facility without parents during staffed hours;
2) may not go into any other area of the facility aside from the turf and the courts unless they are with a parent member; and
3) may not be in the facility without a parent during non-staffed hours.
Minor members ages 14 years and up can use the strength area and the cardio area, in addition to the courts and the turf. Minor members must also comply with the pool and spa policies provided below.
7.2 Minor Members at Athletic Edge. Minors are eligible for membership at Athletic Edge at the age of 10 years, provided that members through the age of 13 years, must be accompanied by a parent member at all times. Members ages 14-17 years can be in the facility without a parent, but must be accompanied by a parent member at all times between the hours of midnight and 4 am..
7.3 Athletic Edge and Court House Rules and Policies. I agree to abide by all rules and policies posted at ABK facilities, including but not limited to the following:
1) No Trespassing. I understand my membership may be cancelled immediately and I will be charged a $50 fee if I allow a non-member into the facility.
2) I understand that I must swipe my access key fob each time I enter the facility. Key fobs may be temporarily inactivated due to past due balances, however memberships will still remain active until proper cancellation is given, per this agreement.
3) Each member is expected to replace weights/ equipment. A fine will be incurred for violation of this policy. First offense is $10, second offense is $20 and a third offense can and may result in cancellation of membership, with no refund of dues paid.
4) All members must respect the personal space and privacy of all clients.
5) No swearing or offensive language; no offensive music.
6) No beverages other than water in a closed water bottle shall be allowed on the turf, unless otherwise indicated.
7) No food in the facility, unless otherwise indicated.
7.4 Court House Hot Tub, Sauna and Pool Rules and Policies. I agree to abide by all hot tub, sauna and pool rules, including but not limited to the following:
Hot tub and sauna for members ages 12 and up, provided that all children under the age of 16 must have a parent or guardian present at all times.
Pool is for those who have purchased a pool membership.
There is no minimum age for pool use, provided that all children under the age of 14 must have a parent or guardian present at all times.
No lifeguard on duty; swim at your own risk.
No one should swim alone.
Pool members will need to check in at the Court House office at each visit to receive a wristband or other signifying article chosen by staff.
No glass bottles or plastic that can shatter.
No alcohol or smoking.
Please do not use the pool if you have had a stomach virus or diarrhea in the last 2 weeks.
Please do not use the pool if you have a disease communicable by water.
Immuno-compromised individuals should use caution when using a public pool.
Swimmers who are not toilet trained must wear a swim diaper.
Shower before entry.
No running or rough play.
No food or drink.
No diving allowed.
No animals in or near the pool.
8. Additional Terms and Conditions.
8.1 Corporate Memberships/ Teams/ Clubs. I agree to promptly notify ABK when an employee/ family member/ coach/ team player/ team representative, etc. is separated or needs to be removed from the membership. Key fobs are not interchangeable. All participants must sign agreement and waiver.
8.2 Staff, Trainers, Coaches and Instructors. I understand that staff, trainers, coaches, and instructors in events, classes, individual sessions or group sessions, may be replaced at any time by other staff, trainers, coaches, and instructors.
8.3 Background Check. I agree that ABK may in its sole discretion conduct a background check on me and those associated with my membership, including checking for criminal background and sex offender registry. However, I understand that ABK makes no promises or guarantee to complete background checks of its members, participants or visitors, and I agree that ABK shall not be liable for any failure to conduct background checks on its members, participants or visitors.
8.4 Termination By ABK. ABK reserves the right to cancel or deny membership, services, and facility privileges for any reason, including but not limited to: failure to abide by facility rules or terms of this agreement, complaints from other members, failure to follow directions or requests of staff, criminal history or inclusion on any sex offender registry, or any other past criminal conduct or complaints, regardless of whether they have been fully adjudicated or resulted in a conviction. In understand that ABK may cancel my membership at any time regardless of length of membership or past services.
8.5 Nonwaiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.
8.6 Entire Agreement. I agree to all terms of this agreement. This agreement sets forth my entire agreement and supersedes any prior agreement.
By signing, I am signifying my intent to sign this Agreement electronically. I agree my electronic signature is the legal equivalent of my manual signature on this Agreement and any associated documents. By signing I consent to be legally bound by this Agreement's terms and conditions. I further agree that my use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes my signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by me in writing. I also agree that no certification authority or other third party verification is necessary to validate my E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of my E-Signature or any resulting contract between me and ABK and all its subsidiaries.