Millennium Martial Arts & Fitness Center
Terms and Conditions
Release, Waiver of Liability, Indemnity. Policy and Autopay Authorization Agreement
(Please read carefully before signing/accepting)
"MMAFC" = Sen Nen Budokan LLC DBA Millennium Martial Arts and Fitness Center - 385-11 Veterans Memorial Hwy., Smithtown, NY 11787 ph. 631.499.0600
"MMAFC PROGRAMS" = Any membership program or activity offered at MMAFC including but not limited to Martial Arts, Ryukyu Kempo, Karate, Mixed Martial Arts, Little Dragons, Fitness Training, Self Defense, Kobudo (Weaponry), Yoga, Kickboxing, etc.
"MEMBER" = Member, Participant or Attendee of MMAFC PROGRAMS or SPECIAL EVENTS, and/or parent(s) / legal guardian(s) if the Member is under the age of 18
"MMAFC AFFILIATES" = MMAFC owners, partners, instructors, contractors, agents, employees and other members
"SPECIAL EVENT" = Any activity sponsored by MMAFC or in conjunction with MMAFC that takes place at the MMAFC facility or at any alternate location including but not limited to events such as Birthday Parties, Holiday Parties, Dojo Movie Nights, Dojo Olympics, Dojo Day Camps, Dojo Picnics, events where students may be dropped off without parental supervision, and/or any other scheduled Special Event that can not be foreseen at this time.
"MEMBERSHIP APPLICATION" = Separate document and/or electronic form that may be filled out in advance of any MEMBERS participation or attendance in any MMAFC PROGRAMS and in advance of reading and signing this Terms and Conditions Release, Waiver of Liability, Indemnity, Policy and Autopay Authorization Agreement.
In consideration of being permitted to participate in MMAFC PROGRAMS and/or being permitted to enter for any purposes any area where admittance to the general public is restricted or prohibited, the MEMBER warrants and represents to MMAFC AFFILIATES that he/she acknowledges and agrees to the following:
That the MEMBER is in good physical condition, having no disability, impairment or ailment preventing him/her from safely engaging in any of the activities contained in the MMAFC PROGRAMS and that these activities will not be detrimental to the MEMBER’S physical or mental health, safety, comfort or physical condition. The MEMBER understands that this information is relied upon by MMAFC AFFILIATES and is vital to the MEMBER’S acceptance into the MMAFC PROGRAMS and/or attendance in any SPECIAL EVENT.
The MEMBER agrees to have disclosed on the MEMBERSHIP APPLICATION or to MMAFC management any and all allergies or medical conditions, medications, or potential complications that may interfere with their participation in MMAFC PROGRAMS or SPECIAL EVENTS such as, but not limited to miscellaneous drills, party games, and/or the consumption of food provided by the dojo or an MMAFC AFFILIATE. MMAFC reserves the right to disallow the participation of any MEMBER if the disclosed information described above raises a concern as to whether the chaperones are qualified to manage the risk.
The MEMBER acknowledges being fully informed about, and understands, the nature of the physical activities and risks contained in any MMAFC PROGRAM(S) in which they choose to participate and further understands, acknowledges, and accepts that:
There are risks and dangers associated with participation in MMAFC PROGRAMS, including those that are neither known, nor reasonably foreseeable at this time, which, at times, requires physical contact with other MMAFC AFFILIATES that could result in, but not be limited to, bodily injury and that the social and/or economic loss and/or damages resulting from these risks could be severe.
These risks and/or dangers may be caused by, but not limited to the; action, inaction or negligence of the MEMBER and/or the action, inaction, or negligence of MMAFC AFFILIATES.
The MEMBER understands these risks and fully releases and absolves MMAFC and all MMAFC AFFILIATES from ALL responsibility and liability related to any personal injury, accident, loss, theft, and/or damage of his/her personal property. The MEMBER assumes FULL responsibility and accepts ALL risks of personal injury, loss and/or damages following such personal injury caused in whole, or in part by, the negligence of (but not limited to) any MMAFC AFFILIATES.
The MEMBER, prior to participation in any MMAFC PROGRAM, should inspect the facilities and equipment to be used, and if the MEMBER believes anything to be unsafe, should immediately report the issue(s) or condition(s) to an MMAFC partner, instructors, and/or employee and refuse to participate. Furthermore during activities where personal protective gear is required such as, but not limited to, sparring and other contact drills/matches, it is the responsibility of the MEMBER to provide and maintain the condition of their own protective gear in addition to making sure that it is properly worn. MMAFC AFFILIATES are not reasonably able to ascertain the condition of required protective gear and thus it is the responsibility of the MEMBER to inspect their own required gear and to correctly wear required protective gear during any MMAFC PROGRAMS that require it. During any activity that involves contact, including but not limited to sparring, no contact is permitted to the groin, or above the shoulders except for light contact to head gear.
Required Protective Gear for all Members includes:
Sparring Helmet with Face Cage or Shield
Chest Gear (Padded Chest Protection)
Mouth Piece (if MEMBER is wearing any orthodontic devices, a special Mouth Piece may be necessary - consult your Orthodontist)
Padded Shin Protection
Padded Foot Protection
That MMAFC AFFILIATES neither endorse, nor authorize, the use of knowledge and/or skills learned and/or developed during any MMAFC PROGRAM against any person, in any circumstance other than during the activities contained within an MMAFC PROGRAM or associated matches, contests and/or exhibitions. The use of any of the aforementioned skills knowledge or skill, in any capacity, is done solely at the discretion of the MEMBER who acknowledges that MMAFC has neither endorsed nor authorized such action.
The MEMBER grants MMAFC, the right to take photographs or video containing audio of the MEMBER and/or their family or guests in connection with MMAFC PROGRAMS or associated events and further authorizes MMAFC, its assignees and transferees to copyright, use and publish the same in print and/or electronically. The MEMBER further agrees that MMAFC may use such photographs or video containing audio of the MEMBER, his/her family or guests with or without my name and for any lawful purpose, including, for example such purposes as publicity, illustration, advertising, Social Media and public Web site content.
Participation in any MMAFC PROGRAM requires an active membership. Exceptions to this rule are Special Events that may be scheduled from time to time allowing MEMBER'S siblings and/or guests and/or the general public that are unaffiliated with MMAFC MEMBERS or MMAFC PROGRAMS to participate in MMAFC SPECIAL EVENTS alongside MEMBERS or by themselves or with an unaffiliated group. Non-MEMBERS may be required to sign a Terms and Conditions Release, Waiver of Liability, Indemnity, Policy and Autopay Authorization Agreement PRIOR to participating in such events.
Etiquette. MEMBERS must behave in a lawful and respectful manner cooperatively using the facilities alongside MMAFC AFFILIATES. Training equipment must used for its intended purpose only, and must be returned to its proper place when finished using it. Improper use of the facility or any of the training equipment that results in damage to the facility or the equipment may require that the MEMBER bear the expense of replacement. MEMBERS are expected to be present when scheduled classes begin, and, in the event that an unavoidable lateness occurs, must wait to be invited onto the floor by an instructor.
Dress Code and Hygiene. MEMBERS who are attending Introductory classes or Special Events that do not require a formal uniform can wear athletic wear such as t-shirts, shorts, sweatpants, sneakers (outside activities). Following an introductory period, MEMBERS in certain Karate or other Martial Arts programs are required to wear a Karate Uniform ("Gi"). During regularly schedule classes, a Full Gi (top, bottom and belt) or Gi pants, Dojo T-Shirt and belt are acceptable. Promotional Testing requires a Full Gi to be worn. Karate Uniforms should be clean, with patches sewn onto the correct location. MEMBERS with heavily stained or soiled uniforms, visibly poor hygiene that could offend or endanger others (e.g. untrimmed finger and toenails) will not be permitted to attend classes. Other MMAFC PROGRAMS or SPECIAL EVENTS may have dress codes that will be revealed to MEMBERS at the time of their enrollment.
MMAFC reserves the right to limit or bar completely any MEMBER from any MMAFC PROGRAM for any length of time if the MEMBER's actions, intent or behavior indicates that they present a risk of danger to themselves or any MMAFC AFFILIATE. MEMBERS must use caution and exercise control when engaging in contact activities and make every attempt not to cause harm to any MMAFC AFFILIATE.
MMAFC reserves the right to alter class schedules, number of classes, curriculum requirements for promotion, or any other component of any MMAFC PROGRAM at any time without notice.
MMAFC reserves the right to allow MMAFC AFFILIATES, or SPECIAL EVENT chaperones to escort the MEMBER away from the premises in the event of an emergency. The MEMBER agrees to include a mobile phone number and emergency contact that is permitted to take the member home after the event or pick them up in the event of an emergency. This information must be included in the MEMBERSHIP APPLICATION and it is the responsibility of the MEMBER to keep this information updated in the event that a name or other contact information changes. It is further the responsibility of the MEMBER to alert MMAFC of any person authorized to pick a MEMBER under the age of 18 up from any MEMBER PROGRAM or SPECIAL EVENT. This needs to be submitted in writing if the person is not listed on the MEMBERSHIP APPLICATION as a related contact or emergency contact.
During SPECIAL EVENTS that include the screening of video, MMAFC will generally post titles in advance, but will at times use its discretion and screen PG rated movies.
MMAFC reserves the right to increase membership tuition fees at any time. Increases will take effect for each MEMBER after their current membership expiration date is reached or when class passes that were already purchased by the MEMBER are fully exhausted.
MMAFC does not provide secure lockers and thus it is recommended that MEMBERS not bring valuable items into the facility. MMAFC shall not be liable for any loss, theft, or damage to the personal property of MEMBERS or their guests.
The MEMBER agrees to adhere to the instruction, rules, regulations and policies of MMAFC or risk the cancellation of their membership(s).
Membership Status, Inactivity Transfer Fees. MMAFC reserves the right to convert a MEMBERS membership status to INACTIVE if the MEMBER has not attended classes in 60 days for non-medical reasons. Class Passes that remain on an account that has been set to an INACTIVE status due to inactivity as previously described in this paragraph will be terminated and are non-refundable. There is a $35 fee (or two Class Passes) for reactivation of an INACTIVE membership. Class Passes can only be used by the MEMBER and are not transferable unless MMAFC agrees to do so due to extenuating circumstances. A transfer fee of the greater of $1.50 per Class Pass or $100 will be charged to the MEMBER who originally purchased the Class Passes. The MEMBER further acknowledges, and accepts that Tuition, Membership, Class Pass, or Special Event fees are non-refundable, and memberships are non-transferable.
If the MEMBER enrolls in a membership plan in any MMAFC PROGRAM(s) that includes a periodic payment such as, but not limited to, Monthly, Quarterly, Semi-Annual or Annual payment plans, the MEMBER agrees to authorize MMAFC to charge the credit or debit card that is stored electronically in a secure and PCI Compliant manner for each periodic payment. The MEMBER may direct MMAFC to change or update the credit or debit card information (i.e., account number, expiration date, or secure ID number) that is to be used as the "default" card for payment method at any time. The MEMBER may also elect to verbally authorize MMAFC to use any credit or debit card stored by MMAFC for incidental purchases, throughout their membership and may request that receipts for such purchases be printed on paper or sent to them via electronic mail. MMAFC reserves the right to change membership fees at any time without notice, however, any such change where the membership fee increases will be communicated to affected MEMBERS in advance of their next payment such that the MEMBER has ample time to alter or discontinue their membership if deemed necessary.
The Autopay method of paying tuition for Memberships is perpetual and will continue to be charged/debited from your account on the day that corresponds with the periodic expiration date of your membership plan. In the case of a monthly plan there is a monthly expiration date which corresponds to the day the account will be charged/debited. In the case of a quarterly, semi-annual, annual, or other membership, the periodic charge/debit to the account will occur on the respective expiration date.
Cancellation of the Autopay option may occur at any time with written notice to Millennium Martial Arts Management no less than 5 business days before the next payment is scheduled to be charged. The notice must be delivered in writing or emailed to: email@example.com
In the event that the aforementioned written notice is given within 5 business days, or after a scheduled payment, the membership will remain active until the following expiration date has been reached.
If for any reason, the credit/debit card payment is denied (not authorized by your financial institution) you will be notified by Millennium Martial Arts staff and be expected to provide an alternative payment method and/or sign a new Autopay form upon such notice to ensure future payments can occur systematically. Your credit/debit card statement will serve as receipt of payment.
MMAFC reserves the right to alter the days and/or hours of operation, the curriculum and the amount of classes you're entitled to attend, if deemed necessary. MMAFC does not guarantee that you will reach a certain level of competence within any specific time frame and that students obtaining a certain defined level of competence may be either delayed or accelerated due to changes in the curriculum or as deemed necessary by MMAFC. The undersigned agrees unconditionally to pay the above tuition without regard to the student's attendance record or classes missed, until paid in full. Membership Fees, Class Pass Fees, Tuition, Special Event Fees, deposits and down payments are non-refundable.
The MEMBER acknowledges, through the signature below (Digital and/or Written) or via placing an "x" in a "checkbox" in an electronic form, that they have read this Terms and Conditions Release, Waiver of Liability, Indemnity, Policy and Autopay Authorization Agreement in its entirety, fully understands and agrees with its definitions, terms and conditions, and has voluntarily signed this document. The MEMBER understands that this document is complete unto itself and that any oral promises or representations made to the MEMBER concerning this document and/or its terms are not binding upon MMAFC, its owners, officers, agents and/or employees.