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Hard Work Martial Arts
Terms of Service & Agreement

Terms of Service and Agreement Contract

I the signatory Understand and Agree to the following Terms & Conditions (signed digitally, or in person).

 

Throughout this document the following words are defined as stated below:

  • "Purchaser" will refer to the signatory of the Agreement document, physically or digitally.

  • “Agreement" refers to the binding contract here in written.

  • "Hard Work Martial Arts" and "HWMA" refer to the business entities "Hard Work Martial Arts LLC", "HWMA NP", as well as any subsidiaries, employees, owners, or associates that they deem applicable within the bounds of the law.

  • "Attendees" and "Attending Individuals" refer to the individual who physically attends any offered programs or events. This person may be the Purchaser or whoever the Purchaser is signing for.

  • “Agreements” refer to any programs, memberships, events, trials, purchases, or any other interaction between HWMA and the Purchaser in which a signature or attendance (digital or in person) is required.

 

All Agreements:

  • Purchaser understands that there all payments are Non-Refundable (outside of the right of rescission). Purchasers may be credited amounts to be used for other provided services or Agreements at Hard Work Martial Arts' discretion.

  • Purchaser understands that program fees are deducted on an automated basis, and authorize HWMA and it's processors to deduct funds automatically from the provided accounts.

  • Purchaser agrees that payments will be made on time. Payments more than seven (7) days past due are subject to a late fee of fifteen (15) dollars.

  • Purchaser understands that scheduled payments are to be made regardless of attendance for the duration of the Agreement.

 

  • Purchaser understands that this agreement, if canceled, does not release the Purchaser from obligation to pay the agreed amount.

 

  • Purchaser certifies that the attendee(s) is in good health and there are no concerns regarding the safety of the attending individual or those they may interact with during their Agreement.

 

  • Purchaser understands that Hard Work Martial Arts and its representatives reserve the right to cancel any part of, or the entirety of a Purchaser's Agreement, and may cancel or revoke the right to attending any offered programs, events, etc. should they feel it appropriate, for any reason with or without notice. This does not mandate an obligation to do so.

 

  • Purchaser agrees and understands that if any part of this Agreement is unenforceable for any reason, any and all other aspects and clauses of the Agreement may still be continued as agreed upon to the fullest extent of the law.

 

  • Purchaser may choose to acquire Agreements for people in their care as a guardian or legal custodian. In that case the Purchaser will attest and consent for any responsibilities of the attending individual under their care. If the Purchaser signs the Agreement for an individual they do not have legal authority to sign for, or falsely sign using incorrect information for the Purchaser or the attending individual, the monetary obligations of the Purchaser will remain in place and any responsibilities from HWMA to either the Purchaser or the Attending Individual are immediately voided.

 

  • Purchaser understands that any and all additional costs HWMA may incur, including but not limited to legal representation, medical expenses, or equipment and facility costs associated to the actions or decisions, intentional, accidental, or otherwise, of the Attending Individual or Purchaser my be recouped at the Purchaser's expense. These charges may be automatically applied to payment methods held on file. In the case of certain programs where the attending individual is not the Purchaser, such as Camp Programs, this may include necessities for the attending individual without notice.

 

  • Purchaser understands that the financial aspects of Agreements cannot be canceled while any amount is past due and may be subject to collections actions or credit reporting at HWMA's discretion and at the added cost of the Purchaser.

  • Purchaser understands that they be provided "Discount Codes" to be used to adjust or modify fees upon their initial agreement purchase. Discount Codes that are applied incorrectly outside of the intended purpose may be cause to void the membership agreement, or automatically adjust fees and costs to the original costs before the discount code was applied. This is solely at the discretion of HWMA and its representatives.

 

  • Putting Agreements on Hold: Purchaser understands that Agreements may potentially be put on a hold for for a duration maximum specified within the Purchaser's individual Agreement. HWMA requires written notice, provided 1 week before scheduled payments are processed, emailed to Info@HardWorkMA.com or HardWorkMA@Gmail.com. This is done as a courtesy at HWMA discretion. Agreements put on hold do not release the buyer from any financial obligation and any duration of time passed on Agreements, such as a 1 Year Agreement, are paused for the duration, resuming at the resumption of the Agreement. This process may be automated or done manually. Automated holds will have a started resumption date in the confirmation email.

 

  • Credit Reporting & Collections: Purchaser agrees that any past due amounts may be subject to collections actions, including referral to a collections agent, acquisition of legal representation, court filings, and/or reporting on credit ratings. Any additional costs for these are to be paid by the Purchaser and any information required to assist in this collection may be given to any additional parties for this purpose.

  • Mandatory Reporting: Purchaser understands that HWMA and its staff me be classified as Mandatory / Mandated Reporters as defined by the US Center for SafeSport as well as the Virginia Department of Social Services, and agrees that any information required to assist in this role may be released to whomever is deemed needed to assist in this obligation.​

 

  • The Purchaser understands that this version of the Agreement supersedes any previous versions of this document. There may be other Agreement clauses or updates not included in this present document. The Purchaser understands this fact, and agrees to any updated or additional terms included or mentioned at the below URL. Updated or additional terms can be found here: www.HardWorkMA.com/Terms

  • Purchaser understands that attendance to programs managed by, or upon the premise managed by HWMA or it's affiliates is understood as agreement to all applicable terms of this agreement, past, present, and future.

  • Purchaser may request a physical copy of this document and/or their individual signed Agreements by emailing us at Info@HardWorkMA.com. If Purchaser wishes to be mailed by post, they must request such, providing Purchaser Name & Address. This document will be sent by certified mail to the address on file for the Agreement. Fees may apply.

 

Time Dependent Agreements:

 

  • Refers to any Agreement with a stated minimum of months, or any other agreement that has a specific start and end date including but not limited to "Foundations", "Standard", "Intensive", “Summer Camp Program,” “Events,” and “After School Program.” These Agreements are Non-Cancellable by Purchasers and are Non-Refundable.

 

  • Purchaser understands that Time Dependent Agreements automatically convert to a Month to Month Agreement at the end of the initial Agreement period. Pro-rated, credited, or discounted payments do not count towards this limit, starting on the first month after enrollment. This adjustment is usually automated but may be done manually as well.

 

  • Month to Month Agreements refers to Agreements that we permit to be canceled with sixty (60) days notice. This includes Time Dependent Agreements after the initial Agreement period has elapsed.

Cancellation Policy:

  • Purchaser agrees to follow our cancellation process outlined here. Agreements are Non-Cancellable and Non-Refundable for the period of time stated in the Agreement. 

 

  • After initial agreement periods elapse, cancellations require sixty (60) days notice. Acceptance of notice commencement starts on the first business day after notice is given. Cancellation requests must be submitted through the cancellation request form located at www.HardWorkMA.com/cancellationform

 

  • Purchaser understands that cancellation is not completed once notice is given but will be completed after 60 days, during which our Commitment to Excellence Policy will be followed by the Purchaser, Attendee, and HWMA.

  • There is an in person or telephone meeting required between cancellations may be finalized. This is to help you the Purchaser, and us, HWMA in an attempt to resolve any concerns and help retention of the Attendee.

3rd Party Agreements:

 

Purchaser understands that not all programs are owned and operated by Hard Work Martial Arts or its associated businesses and representatives. In those cases, any and all concerns, legalities, or liabilities, including but not limited to safety, injury, insurance, or medical, are entirely the responsibility of that program's managers. Hard Work Martial Arts and its employees, owners, etc. are offering the use of the physical locations only, as is, and cannot be held responsible for any activities that occur due to the management or activity of those programs, both on Hard Work Martial Arts locations, as well as off.

 

Right of Rescission:

 

Purchaser may request a cancellation in writing, emailed to Info@HardWorkMA.com or HardWorkMA@gmail.com within 3 days of signing, under the Right of Rescission clause of the state of Virginia. After which cancellation is at the sole discretion of HWMA and its representatives.

 

Arbitration Clause:

 

In the event of a dispute between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to "United States Arbitration & Mediation" for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

 

Non-Defamation / Slander / Libel:

 

The Purchaser agrees that they will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about HWMA or any other Releasee and their respective products and services as applicable by law.

 

Waiver of Liability

 

When signed by a parent or legal guardian, the parent or legal guardian is affirming the below mentioned in regard to the Attending Individual participating in any Agreements.

 

Purchaser hereby acknowledges and agrees that the activity of martial arts training and instruction is a contact sport, which involves the risk of serious bodily injury and property damage during participation in martial arts activities, events, practice sessions or other instruction. The Purchaser understands that in addition to physical risks, the Attendee may also be exposed to any pathogens, viruses, bacteria or any other causes of potential illness that may be present at attendance locations or by other Attendees. The Purchaser also acknowledges and agrees that participation in martial arts training and instruction at the school is totally voluntary, and The Purchaser and Attendee expressly assumes the risk and responsibility for any injury resulting from participation up to and including death. This includes any other Hard Work Martial Arts sponsored activity or program both on property or outside of it, that may or may not include martial arts training. As a condition for acceptance into the Hard Work Martial Arts programs, the Purchaser represents that the Attendee's health condition is good and not suffering from any heart, lung or other bodily ailments and has no limitations that would prevent safe participation in these activities.

 

Attending Individuals and guardians have been advised that strict observance of the rules and regulations relative to martial arts, self-defense, sport, and other training is mandated and potentially includes the use of protective equipment. HWMA does not warrant that the protective equipment will eliminate the possibility of accident, injury or death but may reduce the risk of accident, injury or death. Physical contact may be used by employees of the school, other Attendees and authorized individuals, as part of the course of instruction, travel, or other HWMA sponsored or overseen activity. Purchasers and Attending Individuals have been advised of such facts and give full consent to any physical contact as may be required or customary to services required or rendered.

 

Photography and Video Permission

 

Purchaser gives Hard Work Martial Arts, HWMA NP, its directors, officers, employees, agents, and designated individuals (collectively “HWMA”) non-revocable permission to capture images and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”) of any Attending Individuals. The Purchaser acknowledges that HWMA will own such Images and further grant HWMA permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to HWMA business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. The Purchaser forever releases and hold HWMA harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images.

Commitment to Excellence:

Hard Work Martial Arts and its staff and representatives make a commitment of excellence to you in attempting to provide the best service, instruction,  and mentorship we can, and address any concerns as quickly as possible to ensure an excellent partnership. In return we ask our purchasers and attendees to make a commitment in return. 

During your time with us,, you the Purchaser and or Attendee will bring any concerns to staff to allow them the time and opportunity to address those concerns and provide a satisfactory resolution.

The attendee will attend their scheduled class times regularly and with consistency so that they are given the best chance to succeed.

Clarity of Understanding

 

Purchaser understands that this Agreement is written to be as understandable and clear as possible. If there is a disagreement on the intention or wording of this Agreement, HWMA and it's affiliates have final say on how aspects of the Agreement and how they are intended to be interpreted.

 

Purchaser / Signatory,

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