AUTOMATIC RENEWAL (FOR ADVANCE PROGRAM ONLY)
Upon program expiration date, this agreement will continually renew as set forth below with the
same billing method, frequency and due date. Length of the automatic renewal period is two
years. To cancel the automatic renewal, the student must provide written notice via certified
mail, return receipt requested to Strike Zone & Fitness during the 12th or 24th month of a two
year agreement. If the member fails to provide written notice of cancellation in the above
described manner, this agreement will automatically be renewed for another two years. A 2.5%
increase on membership dues will be automatically assessed upon renewal every two
years._______
BILLING AGREEMENT
This agreement is between the Contracting Party, Strike Zone & Fitness, and STUDENT in
relation to business. Any account more than 5 days past due will be charged a $10.00 late fee
unless otherwise stated herein. Any returned payment will be assessed a $25 fee. Any
unsuccessful scheduled electronic transaction is subject to a $10.00 processing fee. Strike Zone
& Fitness is not responsible for any bank fees incurred by the STUDENT and/or contracting
party. Strike Zone & Fitness has the sole right to modify any payment due date and to resubmit
returned or declined items (plus applicable fees) without prior notice if the Billing Method is
modified during the term of this Agreement the payment amount may be adjusted accordingly (if
applicable, by business). _______
MEMBER'S/STUDENT'S 3 DAY RIGHT TO CANCEL
If you wish to cancel this Agreement, you may cancel by delivering or mailing by certified mail,
return receipt requested, written notice to the Business. The notice must say you do not wish to
be bound by the Agreement and must be delivered or mailed before 12 midnight of the third
business day after you sign this Agreement. The notice must be delivered or mailed to Strike
Zone & Fitness and the Business at the addresses set forth herein (43-20 69th Street, Woodside,
NY 11377). If you cancel, any down payment or initial fee may not be refundable and the
Business may be entitled to a portion of the total Agreement price. If the Business goes out of
business or refuses to give you a refund, there may be a bond or letter of credit under which you
are entitled to collect. Strike Zone & Fitness will not be responsible for any refunds.
Enforcement of applicable consumer statutes is by your state or local authority. If you feel your
rights have been violated you should contact your state or local Consumer Affairs Office. I have
read and understood this entire Agreement and I agree to comply with all the provisions, terms
and conditions set forth on this Agreement including but not limited to paying the Balance/Total
Billed. I further agree that once signed, this Agreement is a legally binding and enforceable
obligation. I acknowledge I have received a copy of this Agreement. _______
THE STUDENT AND/OR CONTRACTING PARTY PROMISES:
The Student and/or Contracting Party agrees to pay Contracted amount to attend a Maximum
number of classes per designated program for the Student and/or Contracting Party by STRIKE
ZONE & FITNESS to try to reach Black belt within the allotted months of said program of this
agreement and understands that, payment for services is required even if the Student and/or
Contracting Party fails to attend one or more scheduled classes. Student and/or Contracting Party
understands that, unless the written approval of STRIKE ZONE & FITNESS is obtained, the
Student and/or Contracting Party and/or Contracting Party forfeits his/her right to a class by
failing to attend. The Student and/or Contracting Party also promises to observe the rules of
STRIKE ZONE & FITNESS about training, and understands that a violation of the rules by the
Student and/or Contracting Party would be a breach of this agreement, entitling STRIKE ZONE
& FITNESS to the full fee, but ending the Student's and/or Contracting Party right to the
services. If a Student and/or Contracting Party is more than five (5) days late in paying any
payment under this Agreement, a $10 late charge may be added. _______
STRIKE ZONE & FITNESS PROMISES:
The staff of STRIKE ZONE & FITNESS will use its best efforts to assist the Student and/or
Contracting Party in achieving his or her potential in STRIKE ZONE & FITNESS within the
time prescribed by this Agreement. Such efforts include providing and maintaining facilities,
staff and class schedules consistent with STRIKE ZONE & FITNESS goals of teaching at the
premises. STRIKE ZONE & FITNESS will, from time to time set schedules of classes by
general announcement, and/or by posting at the premises. Scheduling and the content of classes
are at the sole discretion of STRIKE ZONE & FITNESS. Classes will be approximately Sixty
(30-60) minutes each. STRIKE ZONE & FITNESS will try to schedule at least the number of
classes required by this agreement; however, if STRIKE ZONE & FITNESS does not schedule
at least that number within the time required, STRIKE ZONE & FITNESS at its option, may
offer make-up classes to the Student and/or Contracting Party (even if the time period has
passed) instead of any refund. Official belt recognition will be issued to the Student and/or
Contracting Party by STRIKE ZONE & FITNESS upon successful completion of any
examination and the requirements thereof. The services are completed when the time expires, or
the Student and/or Contracting Party has taken the maximum number of lessons or the Student
and/or Contracting Party is promoted to the maximum belt level in this agreement, whichever
occurs first. _______
PUBLICITY:
The Student and/or Contracting Party agree to allow any photographs or video taken in
connection with STRIKE ZONE & FITNESS activities to be used for the promotion and
advertising purpose of STRIKE ZONE & FITNESS. _______
LEGAL FEES - COLLECTIONS:
The Student and/or Contracting Party agrees to pay a reasonable amount in lawyer's fees of
STRIKE ZONE & FITNESS or any holder of a note originally made payable to the order of
STRIKE ZONE & FITNESS by the Student and/or Contracting Party, if the Student and/or
Contracting Party does not pay any portion of the fee required by this Agreement, or by any such
notes, and lawyers are used to collect the money owed. _______
MEMBER FITNESS:
By signing this agreement, STUDENT AND/OR CONTRACTING PARTY represents, warrants
and ensures that he/she has had an opportunity to observe the programs offered by STRIKE
ZONE & FITNESS and that he/she is physically and mentally able to take classes offered by
STRIKE ZONE & FITNESS in that program and/or any others in which STUDENT
AND/ORCONTRACTING PARTY may participate. _______
LIABILITY WAIVER AND RELEASE:
The STUDENT AND/OR CONTRACTING PARTY understands and agrees that strict
observation of STRIKE ZONE & FITNESS rules and regulations relative to the service or
instruction provided, including the use of protective equipment, is required. The STUDENT
AND/OR CONTRACTING PARTY understands and agrees that the use of STRIKE ZONE &
FITNESS facilities and the STUDENT'S AND/OR CONTRACTING PARTY presence at said
facilities are at the sole risk of the STUDENT AND/OR CONTRACTING PARTY. The
STUDENT AND/OR CONTRACTING PARTY understands and agrees that the services or
instruction provided may include skills and training which include violent and sudden
movements and that, in connection with the training and instruction, there may be physical
contact between instructors and STUDENT AND/OR CONTRACTING PARTY and between
and among Students and/or Contracting Party, and that such contact may result in personal
injury to the STUDENT AND/OR CONTRACTING PARTY, despite precautions taken to avoid
such injuries. STUDENT AND/OR CONTRACTING PARTY hereby consents to engage in
such contact as may be necessary or required by STUDENT's AND/OR CONTRACTING
PARTY participation. _______
STUDENT AND/OR CONTRACTING PARTY, on behalf of him/herself and anyone claiming
by or through the STUDENT AND/OR CONTRACTING, hereby holds harmless, releases and
forever discharges STRIKE ZONE & FITNESS, it's officers, directors, employees, agents and
representatives and STRIKE ZONE & FITNESS and it's instructors, agents, operators and
authorized representatives from any liability, claim, loss, including loss of property, damage,
personal injury, or expense incurred by the STUDENT AND/OR CONTRACTING PARTY and
arising from the STUDENT's AND/OR CONTRACTING PARTY execution of this agreement,
payment processing, participation in any program offered by STRIKE ZONE & FITNESS,
including by not limited to, any injury or damage caused by the negligence or willful misconduct
of STRIKE ZONE & FITNESS, it's instructors, Student and/or Contracting, agents, employees,
operators, or authorized representatives. _______
The STUDENT or responsible party specifically understands and agrees that he/she is assuming
the risk of any and all injuries that he/she may suffer or incur as a result of his/her execution of
this agreement and participation in any program offered by STRIKE ZONE & FITNESS.
STUDENT AND /OR CONTRACTING PARTY agrees to waive any claim of damages against
STRIKE ZONE & FITNESS and/or its principals and/or its staff as a result of STUDENT's
AND/OR CONTRACTING PARTY activities at or participation in any program offered by
STRIKE ZONE & FITNESS. In the event that STRIKE ZONE & FITNESS and/or the
student seeks judicial intervention, the student/responsible party hereby waives his/her right to a
jury trial._______
COMSUMER RIGHTS TO CANCELLATION:
Students and/or contracting party may cancel this agreement without any penalty or further
obligation within three (3) days (72 hours) from contracted date. Notice of cancellation, in
writing, must be delivered to Strike Zone & Fitness by certified mail, return requested within the
contracted time period. _______
ADDITIONAL RIGHTS TO CANCELLATION:
This agreement may be cancelled for one of the following reasons: (1) if, upon a doctor's order,
(specialist to injury) STUDENT AND/OR CONTRACTING PARTY cannot physically receive
services because of significant physical disability for a period in excess of six months
(STUDENT AND/OR CONTRACTING PARTY must produce evidence of doctor's diagnosis of
significant physical disability); (2) if STUDENT AND/OR CONTRACTING PARTY dies, in
which case STUDENT AND /OR CONTRACTING PARTY estate shall be relieved of any
further obligation for payment under this agreement not then due and owing; (3) if STUDENT
AND/OR CONTRACTING PARTY moves his/her residence more than twenty five miles from
any school operated by STRIKE ZONE & FITNESS; and (4) if the services cease to be offered
as stated in this agreement. If Student and/or contracting party wants to cancel for any other
reason, Student and/or contracting party may do so ONLY upon payment of either (a) 2 months
membership fees or (b) 20% of the amount due for the remainder of the agreement, whichever is
greater. _______
NON-TRANSFERABILITY:
The Student and/or Contracting Party may not assign, sell or otherwise transfer any rights under
this Agreement without the consent of STRIKE ZONE & FITNESS. __
_____
FOR ADVANCE PROGRAM ONLY AUTOMATIC RENEWAL:
Student and/or contracting party understands and agrees to have his/her membership renewed at
the end of each renewal term unless Student/contracting party cancels the membership. To the
cancel the automatic renewal, the Student/contracting party must provide written notice via
certified mail, return receipt requested to STRIKE ZONE & FITNESS during the 12th or 24th
month of a two year agreement. If the member fails to provide written notice of cancellation in
the above described manner, this agreement will automatically be renewed for two years. A 2.5%
increase on membership dues will be automatically assessed upon renewal every two years.
_______
FREEZE OF MEMBERSHIP:
STUDENT AND/OR CONTRACTING PARTY may request a freeze of his/her membership
from STRIKE ZONE & FITNESS. All membership freezes are issued in the sole discretion of
STRIKE ZONE & FITNESS. STRIKE ZONE & FITNESS requires a 30-day advance notice
prior to the next billing cycle to freeze a Student and/or Contracting Party membership. All
freezes are, at a minimum, one month in duration. STUDENTS AND/OR CONTRACTING
PARTY with a six month agreement may only freeze their membership for one month.
STUDENTS AND/OR CONTRACTING PARTY with a one or two year agreement may freeze
their membership for a maximum of two months (two months per year). Only one membership
freeze is permitted per agreement term. The STUDENT AND/OR CONTRACTING PARTY
will be billed during the freeze period; all frozen time will be honored at the end of the
agreement period. To request membership freeze, the STUDENT must, in person, fill out the
appropriate form at STRIKE ZONE & FITNESS at 43-20 69th Street, Woodside, NY 11373.
STUDENT AND/OR CONTRACTING PARTY may NOT request a membership freeze by any
other means, including via phone call, e-mail, fax, or mailing. _______
DEFAULT/ABANDONMENT:
Non-payment of scheduled monthly payments in excess of 60 days shall constitute default under
this agreement. If this agreement is in default, the entire amount owed hereunder shall become
immediately due and payable. In the event of a default, the STUDENT AND/OR
CONTRACTING PARTY gives STRIKE ZONE & FITNESS approval to charge their credit
card on file for the entire amount owed. Additional, in the event of a default, STUDENT's
AND/OR CONTRACTING PARTY debt may be referred to a collection agency. In such a case,
STUDENT AND/OR CONTRACTING PARTY agrees to reimburse STRIKE ZONE &
FITNESS for all remaining dues, penalties and charges incurred by the collection agency. In the
event of a default, STRIKE ZONE & FITNESS shall be entitled to recover their reasonable
attorneys fees, court costs, and, if applicable, interest on any past due amount at the rate of 1.5%
per month and a collection fee of equal to 20% as a collection fee and not a penalty, to collect
any past due amounts or cure any breach. _______
SIGNATORIES:
Any person(s) signing this agreement, whether as a STUDENT AND/OR CONTRACTING
PARTY, cosigner, or otherwise, shall be jointly, severally, and individually liable to STRIKE
ZONE & FITNESS for the full contract price as if such person signed as a STUDENT
AND/OR CONTRACTING PARTY. All persons signing this agreement assume responsibility
for all costs of collection, including but not limited to collection agency fees, court costs,
attorney fees, and late charges that may be incurred in the event of a default. _______
COMPLIANCE WITH LAWS:
This agreement shall be governed by the laws of the State of New York. All rights and obligations of
STRIKE ZONE & FITNESS and STUDENT AND/OR CONTRACTING PARTY under this agreement
are subject to all applicable federal, state, and local laws and regulations. To the extent that the terms and
conditions of this agreement conflict with any applicable statute, rule or regulation in effect at the time of
execution of this agreement governing transactions of the type contained herein, the agreement shall be
deemed revised to conform with such statutes, rules, and regulations. STRIKE ZONE & FITNESS and
STUDENT AND/OR CONTRACTING PARTY shall be bound by the modified agreement and agree that
no other modifications shall be enforceable unless in writing and signed by the parties. This agreement
constitutes the entire agreement between the parties and supersedes all prior agreements between the
parties, whether written or oral. The invalidity or unenforceable of any provision hereof shall not affect
the validity of enforceability of any other provision. This waiver of any breach shall not constitute a
waiver of any subsequent breach of this agreement._______