Phoenix Kickboxing - MEMBERSHIP

• Phoenix Kickboxing & Self-Defense is a family friendly environment. We ask all members to refrain from swearing and wearing clothing which denotes anything inappropriate for children.
• No shoes on the mats at any time.
• Children cannot be left unattended after their class.
• Children must stay off the mats during all adult classes.
• Once finished with a trial period, all members must provide their own gear for all subsequent training.
• Members may not share gear (two people with one pair of gloves.)
• Adults and teenagers who borrow gear must sanitize all gear thoroughly once done. Coaches will sanitize loaner gloves for children.
• There is no climbing, swinging or hanging on the bags.
• No talking or distractions while a coach is talking.
• All cell phones must be silenced unless otherwise discussed with a coach.
• During classes all purses, water bottles, electronic devices, shoes, and any other personal belongings must be stored out of the way. All gear and bags must be on the edge of the floor and away from the heavy bags.
• No glassware of any kind is allowed in the building. All glassware will immediately be discarded without exception.
• No sparring without approval from a coach. All sparring must be supervised by a coach. All safety equipment must be worn during sparring. All sparring is to be light contact unless directed otherwise from a coach.
• All member payments will transfer to the 10thof every month. You will be contacted via email before this occurs. When transferring, there may be a single pro-rated payment for the partial month.

1. PARTIES:

1a. Member, PKSD and TPPP – Buyer/member/members/parent/legal guardian (herein referred to collectively as “Member”) and Phoenix Kickboxing & Self-Defense (referred to as “PKSD”) agree by signing this agreement, Member has purchased a membership or memberships and agrees to all the terms in the Waiver and Liability form and this agreement. This agreement is solely between Member and PKSD. However PKSD may use a third party to handle payments and track membership. At this time PKSD uses Kicksite as its third party for its payments, but this may change at any time. Kicksite and any other Third Party Payment Processor, whether affiliated with Kicksite or not, are collectively referred to as “TPPP.” Regardless of who handles payments and personal information, whether PKSD, TPPP or other(s), all terms in this agreement are binding on all parties.

1b. Third party payments and information - Member agrees neither PKSD nor its owner(s) are responsible for handling monthly payments, sign-ups, credit card information or personal information, whether electronic or otherwise. Member agrees and hereby holds harmless PKSD, its owners and employees for any harm or damage caused by the theft, loss or negligent handling of any of the member(s) information. Member also agrees, since all payments are handled by third parties, that PKSD and its owner(s) cannot be held liable for any impact on payments, late fees, collections and/or credit score.

2. MEMBERSHIP – Member agrees to follow PKSD membership policies and rules, including posted signs and verbal. PKSD may, in its sole discretion, modify these policies at any time. Member agrees Member is in control of recurring payments, and has the ability to put membership on hold or cancel membership for one or all participants. For Member protection and the protection of PKSD, all updates and changes must be handled electronically through the TPPP app. Emails, verbal conversations and phone calls are not accepted. It is Member responsibility to notify PKSD, through the TPPP payment app, of any changes in my address, phone number or payment information before the next payment date. Member understands PKSD reserves the right to charge an extra fee for seminars, evaluations, lockers and any other service deemed special by PKSD, and that these fees are optional and do not affect membership or its cost. Member agrees PKSD may terminate membership for any participant for any reason, at any time with or without cause, unless it is prohibited by law. Membership is non-transferable unless with the prior authorization from PKSD.

3. FINANCIAL POLICY

3a. Dues / Fees – Member agrees, upon joining, that Member is paying for first and last month’s dues up front. If Member qualifies for any discount as outlined in the PKSD website, that discount will be applied after attending first class and bringing proof of eligibility. Member agrees to pay monthly dues, as outlined on the TPPP payment app, on the same date of every month regardless of attendance. Fees and monthly dues are non-refundable, except as stated in section 6 of this agreement. Whether or not the facilities are used by Member, Member must pay the monthly dues. Member agrees TPPP may handle all payment and personal information, and Member agrees to hold all parties harmless for any accidental loss or theft of personal or financial information. Member also agrees and understand PKSD or TPPP may be able to charge late fees, interest and send delinquent payments to collections should Member continue to attend without payment. Should any payment not be collected for any reason, the entire balance shall be deemed due and payable upon demand, and Member agrees to pay interest, all costs of collection, including but not limited to collection agency fees, credit reporting agency fees, court costs and attorneys’ fees.

3b. Cancellation of Monthly Membership - MEMBER AGREES AND UNDERSTANDS THAT MEMBER HAS FULL CONTROL OVER STARTING AND STOPPING PAYMENTS, AND MEMBER MAY STOP OR PAUSE THE MONTHLY PAYMENTS AT ANY TIME. To stop or pause monthly dues, Member must update the necessary information through the TPPP app at least 72 HOURS BEFORE THE NEXT PAYMENT. Emails, verbal conversations and phone calls cannot be accepted. There may be a minor monthly recurring charge to pause membership for one or all participants. If Member claims payments were not stopped or altered in a timely manner, Member agrees all claims will be handled between Member and TPPP. PKSD will not be held responsible or liable in any way, for any reason, for any continued payments, regardless of the duration or total cost.

3c. Effect of Ending Membership – Member agrees upon cancellation or termination, the right to use PKSD’s facilities ends and PKSD can deny access to any or all PKSD facilities. If Member owes PKSD or TPPP any funds when membership ends, Member will still owe the money, and PKSD or TPPP can deduct it from any refund Member may be owed. If there is not enough money to cover the debt in any refund, Member must pay the balance.

3d. Family Memberships – Regardless of the number of members (1 or more) ONE person pays all membership dues. 

3e. Right to Increase Dues – Member agrees PKSD may increase monthly dues at any time. PKSD will provide 60 days’ notice prior to any increase in dues. (Tier 1 Founding Members are excluded from this provision, #3e.)

3f. Timely Payments – Member agrees to notify TPPP within 90 days of ANY TYPE OF PAYMENT ERROR. Member agrees a failure to provide TPPP timely notice of any type of payment error is a waiver on any kind of claim on that error. If payments end, pause or fail to start for any reason, membership may be immediately suspended at PKSD’s sole discretion.

4. SALE of PKSD – PKSD reserves the right to transfer or sell your membership in the event PKSD sells its business interests.

5. REPRESENTATIONS - 5a. Physical Condition– Member agrees Member (and all individuals enrolled in membership) is in good physical condition and has no medical reason or impairment which would prevent any intended use of the facility. PKSD has not provided any medical advice before joining and will not provide any after joining. All joining parties have had an opportunity to discuss said membership with a doctor before joining. If any member becomes injured or limited in any way, and for any reason, Member agrees to notify PKSD in writing within 30 days of injury. Verbal conversations and phone calls cannot be accepted.

5b. Liability for Property – Member understands that PKSD is not liable for Member’s or Member’s guest’s personal property that may be damaged, loss or stolen while on or around PKSD, including but not limited to a vehicle or its contents. If Member or guests cause any damage to PKSD facilities or equipment, Member is fully liable to PKSD for the cost of repair or replacement.

5c. Entire Agreement and Enforcement – Member agrees that neither PKSD nor anyone else has made any representations or promises upon which Member relied, that are not stated in this agreement. This document contains the entire agreement between Member and PKSD and replaces any oral, electronic or other written agreement. However, TPPP may have additional agreements in order to effect Membership and payment. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts which continue unaffected. Member agrees if PKSD does not enforce any right in this agreement for any reason, PKSD does not waive its right to enforce it later at any time.

6. CANCELLATIONS / REFUNDS – Member agrees that any start-up, initiation and processing fees are non-refundable. Member may cancel this agreement and receive a refund of unused prepaid dues or unused fitness services ONLY if Member qualifies in 6a or 6b below:

6a Disability or Death – Member is completely incapable of communicating the desire or need to put membership on hold or cancel membership. This would include paralysis, coma, death, or similar complete and total inability to communicate. Supporting documentation must be provided by a licensed physician. In case of death, the estate will provide written evidence. Member understands and agrees only severe disability or death would qualify me for a refund.

6b Closure – PKSD permanently closes a facility and does not have another facility within a 10-mile radius. There are no refunds for holidays, power outages, weather or other unforeseen circumstances that may force PKSD to temporarily cease operations.

6c Refunds – Member understands PKSD and TPPP may take up to 30 days to process any refund, including those refunds which meet the criteria in 6a or 6b.

7. LIMITATION of LIABILITY – Member agrees and understands that Member is limiting any financial claim to actual compensatory damages. Member completely waives my claim on any indirect, special, or consequential damages and neither an arbitrator nor a court can award any such damages. Further Member waives any claim on any kind of financial compensation or damages on any owner, contractor, employee, or representative of PKSD or TPPP. Member agrees any claim or legal action regarding this agreement, brought by Member against PKSD or TPPP, will strictly be limited to PKSD or TPPP as a business entity, and Member agrees not to pursue any lawsuit or claim against any owner, contractor, employee, or representative of PKSD or TPPP and they are held harmless.

Member acknowledges that Phoenix Kickboxing & Self-Defense (PKB&SD) has unique training and concepts and Member agrees not to teach these training methods, concepts or business practices without the written consent and approval of PKB&SD. Further, Member does not nor has any intention of working for, operating or owning any business associated with martial arts, fitness or self-defense training or study, and Member agrees that Member will not use any PKB&SD training methods or concepts without the written consent of PKB&SD. Member also agrees that Member will not work for, operate or own any business in the martial arts, fitness or self-defense industry wile Member is affiliated with PKB&SD. If Member is no longer affiliated with PKB&SD, Member agrees to not volunteer for, work for, operate or own any martial arts, fitness or self-defense business within a fifteen (15) mile radius of any current or future planned PKB&SD location for 2 (two) years after separation without the written consent of PKB&SD. Member further agrees that because of the difficulty in determining damages, which PKB&SD may suffer as a result of Member’s violation of this Non-Compete Agreement, that PKB&SD shall be authorized to seek injunctive relief against Member in a Court of competent jurisdiction, in addition to any other remedies available to PKB&SD under the law.

In consideration of the services of Phoenix Fitness of Idaho, LLC dba Phoenix Kickboxing(“PKB”), I, on behalf of myself and jointly and severally on behalf of my minor children, if any such children are listed below, and on behalf of our respective heirs, personal representatives, spouses, next of kin, successors and assigns (collectively “we”, “us”, and “our”), hereby understand, acknowledge, and voluntarily represent, warrant, and agree as follows:

THE SERVICES AND ACTIVITIES PROVIDED BY PKB INCLUDE, BUT ARE NOT LIMITED TO, MARTIAL ARTS TRAINING, SELF-DEFENSE TRAINING, PHYSICAL FITNESS TRAINING, DANCE, MASSAGE, AND THE USE OF RELATED EQUIPMENT AND FACILITIES (“PKB SERVICES AND ACTIVITIES”), EACH OF WHICH ENTAILS SIGNIFICANT RISK, BOTH KNOWN AND UNKNOWN, INHERENT AND EXTRINSIC, NATURAL AND ARTIFICIAL, WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO US, TO THIRD-PARTIES, AND TO PROPERTY. SUCH RISKS AND CAUSES THEREOF INCLUDE BUT ARE NOT LIMITED TO (A) NEGLIGENCE OF OTHER PARTICIPANTS, THIRD-PARTIES, AND PKB AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, INSTRUCTORS, AND AGENTS, (B) INURY OR LOSS SUSTAINED DURING LESSONS, PRACTICE SESSIONS, PEFORMANCES, SHOWS, COMPETITIONS, EXHIBITIONS, HOME PRACTICES, AND OTHER ACTIVITIES IN WHICH WE USE METHODS OF ANY MARTIAL ARTS, SELF-DEFENSE, OR PHYSICAL FITNESS TAUGHT BY PKB, (C) NEGLIGENT OR INSUFFICIENT TRAINING, SUPERVISION, OR INSTRUCTION, (D) CONTACT WITH OTHER PARTICIPANTS AND THIRD-PARTIES, (E) CUTS, ABRASIONS, TWISTED OR BROKEN BODY PARTS, MUSCLES, LIGAMENTS, AND TENDON TEARS OR STRAINS, JOINT AND SPINAL INJURY, SPRAINED NECK, ROTAR CUFF INJURIES, HEAD INJURIES, MUSCLE STRAINS AND PULLS, (F) FALLS, FALLING INTO PERSONS, EQUIPMENT, AND PROPERTY, THROWS, KICKS, PUNCHES, HITS, (G) OTHER OBJECTS AND EQUIPMENT USED IN MARTIAL ARTS, SELF-DEFENSE, AND PHYSICAL FITNESS. THESE ARE NOT ALL OF THE RISKS ASSOCIATED WITH OUR PARTICIPATION IN THE ACTIVIES, AND THE ABOVE LIST IN NO WAY LIMITS THE SCOPE OF THIS AGREEMENT.

We recognize and understand that the PKB Services and Activities are intense, strenuous, and involve considerable physical contact. Our participation in the PKB Services and Activities is voluntary with a full understanding of the associated risks, hazards, and dangers. We choose to participate in the PKB Services and Activities despite these risks, hazards, and dangers.

We recognize and understand that we may choose at any time not to participate in any or all of the PKB Services and Activities. We assume the total risk and accept personal responsibility for our participation in the PKB Services and Activities. We have a responsibility to ourselves and other participants to conduct ourselves in a safe manner. If we are unsure how to safely engage in any activity at any time or if we believe that any activity is unsafe or beyond our capabilities, we will ask for further instruction before participating any further in the activity.

Prior to participating in any of the PKB Services and Activities, we have had the opportunity to consult with a physician of our choosing to determine that we are physically and mentally capable of participating in the PKB Services and Activities. We are in good health and have no condition, disease, injury, or other condition that would impair our performance or prevent us from safely participating in the PKB Service and Activities. If such a condition exists, known or unknown, we assume and agree to bear the risk thereof and to indemnify and hold harmless PKB from any claims, damages or injuries arising therefrom.

We will not participate in the PKB Services and Activities while under the influence of alcohol or drugs or while in any other condition that would impair our abilities to participate therein,

We have adequate insurance to cover any injury or damage that we may cause or that we may suffer while participating in the PKB Services and Activities. We recognize and understand that PKB is not providing us with any insurance or medical coverage for any damage or injuries sustained while participating in the PKB Services and Activities.

We understand that any medical treatment given to us by PKB will be basic first aid treatment only. PKB will not provide, suggest, or recommend any other type of medical treatment to us under any circumstances.

We recognize and understand the importance of following the rules of training and competition. We agree to abide by the rules and instructions given to us by PKB.

Any photographs or motion pictures that may be taken of us while participating in the PKB Services and Activities, and in competitions or other related events, may be used for training, publicity, promotional, and marketing purposes by PKB and are the sole property of PKB. We agree and authorize PKB to use any photograph or motion picture in which our image is shown, for such purposes, without compensation to us.

BY PARTICIPATING IN THE PKB SEVICES AND ACTIVITIES, WE RECOGNIZE AND UNDERSTAND THAT WE MAY BE EXPOSED TO THE COVID-19 VIRUS OR A VARIANT THEREOF OR OTHER COMMUNICABLE DISEASE AND AGREE THAT MY PARTICIPATION IN THE PKB SERVICES AND ACTIVITIES IS AT MY OWN RISK OF EXPOSURE.

WE AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, PKB, ITS AFFILIATED ORGANIZATIONS AND GOVERNING BODIES, ITS OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, INSTRUCTORS AND PERSONNEL, OTHER MEMBERS OF THE ORGANIZATION, PARTICIPANTS, SUPERVISORS, COACHES, SPONSORING ORGANIZATIONS AND THEIR AGENTS, AND THE OWNERS AND LEASORS OF THE PREMISES USED FOR THE PKB SERVICES AND ACTIVITIES FROM ANY AND ALL LIABILITY TO US AND OUR HEIRS, NEXT OF KIN, DEVISEES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL COMPLAINTS, CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES AND DAMAGES WHICH MAY BE SUSTAINED AND SUFFERED ON ACCOUNT OF DAMAGE OR INJURY TO ANYONE OR ANYTHING, INCLUDING DEATH, PHYSICAL INJURY, OR DAMAGE TO PROPERTY, CAUSED OR ALLEGEDLY CAUSED BY, OR ARISING FROM, OUR PARTICIPATION IN THE PKB SERVICES AND ACTIVITIES.  WE UNDERSTAND THAT BY SIGING THIS AGREEMENT, RELEASE, AND WAIVER, IF WE OR ANYONE ELSE IS HURT OR PROPERTY IS DAMAGES, WE SHALL HAVE NO CLAIMS WHATSOEVER AGAINST PKB OR ITS AFFILIATED ORGANIZATIONS AND GOVERNING BODIES, ITS OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, INSTRUCTORS AND PERSONNEL, OTHER MEMBERS OF THE ORGANIZATION, PARTICIPANTS, SUPERVISORS, COACHES, SPONSORING ORGANIZATIONS AND THEIR AGENTS, AND THE OWNERS AND LEASORS OF THE PREMISES USED FOR THE PKB SERVICES AND ACTIVITIES.

I have had a full opportunity to read, and have read, this entire Agreement, Release, and Waiver, and understand and agree to the terms thereof, jointly and severally, on behalf of myself and my minor children, if any are listed below. I represent and agree that any minor children listed below are in fact my own minor children or children over which I have been appointed as legal guardian by a court and, if not, I agree to defend, indemnify, and hold harmless PKB from any and all claims, losses, damages, attorney fees, and costs arising from or related in any way to such minor child’s participation in the PKB Services and Activities.