1. Member Fitness

By agreeing and/or signing this agreement, Member represents, warrants and insures that he has an opportunity to observe programs offered by Excelsior Self Defense & Fitness, LLC and that they are physically and mentally able to take classes offered by Excelsior Self Defense & Fitness, LLC in that program and/or any others in which Member may participate. Membership is non-transferable.

2. Unavailability

If Excelsior Self Defense & Fitness, LLC's facilities both online and in person (hereby known as 'facilities') are unavailable for use for a period in excess of 30 consecutive days, the Member's program will be extended for a period of time equal to the time of unavailability, but no refund or credit will be due to the Member.

Upon notice to Excelsior Self Defense & Fitness, LLC, the Member may cancel this agreement if Excelsior Self Defense & Fitness, LLC's facilities are unavailable for more than 90 consecutive days. Within 30 days of receipt of such notice, Excelsior Self Defense & Fitness, LLC shall refund to the Member the unused pro-rata portion of the contract (cash) price, excluding any initiation fee, paid by the Member.

Notwithstanding the foregoing, Excelsior Self Defense & Fitness, LLC may close its facility on holidays, for a period of time not exceeding three weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.

3. Liability Waiver & Release

The member understands and agrees that strict observation of Excelsior Self Defense & Fitness, LLC's rules and regulations relative to martial arts training, including the use of protective equipment, is required. The Member understands and agrees that the use of Excelsior Self Defense & Fitness, LLC's facilities and the Member's presence at Excelsior Self Defense & Fitness, LLC's facility are at the sole risk of the Member.

The Member understands and agrees that martial arts involves skills and training which include violent and sudden movements and that in connection with the training and instruction, there will be physical contact between instructors and Members and that such contact may result in personal injury to the Member, despite precautions taken to avoid such injuries. Member hereby consents to engage in such contact as may be necessary or required by Member's participation in the training program and/or classes.

Member, on behalf of him/herself and anyone claiming by or through the Member, hereby holds harmless, releases and forever discharges Excelsior Self Defense & Fitness, LLC, its officers, directors, employees, agents and representatives and Excelsior Self Defense & Fitness, LLC and its instructors, agents, employees, operators and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury or expense incurred by the Member and arising from the Member's execution of this agreement, payment processing, participation in any program offered by Excelsior Self Defense & Fitness, LLC, including, but not limited to, any injury or damage caused by the negligence or willful misconduct of Excelsior Self Defense & Fitness, LLC, its instructors, Members, agents, employees, operators, or authorized representatives.

The Member 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 Excelsior Self Defense & Fitness, LLC.

4. Classes & Deposits

Scheduling and content of classes and programs, furnishings of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of Excelsior Self Defense & Fitness, LLC and may be changed at any time by Excelsior Self Defense & Fitness, LLC. By agreeing and/or signing this agreement, the Member receives membership at a greatly reduced price. If the Member no longer wishes to continue or defaults on this agreement, Member may be billed at the rate of $100.00 per class taken. Member understands and agrees that examination/testing fees may not be included in the price of this agreement. Excelsior Self Defense & Fitness, LLC may raise the tuition rate of ongoing memberships by providing advance notice equal to the notice period required for cancellation stated herein.

4a. Deposits. By reserving a spot and submitting a $100 non-refundable deposit, the member agrees to attend 2 classes per week during the trial period and subsequent membership. After the trial, unless otherwise agreed, the member will enroll in a 12-month beginners membership. A 30-day withdrawal option is available, with store credit given if attendance requirements are met. Membership terms may be amended, and the deposit and benefits are non-transferable. Non-compliance may result in termination. The member assumes risks and releases liability.

5. Signatories

Any person(s) agreeing and/or signing this agreement, whether as a Member, co-signer, or otherwise shall be jointly, severally and individually liable to Excelsior Self Defense & Fitness, LLC for the full contract price as if such person signed as the Member. All persons signing this agreement assume responsibility for all costs if collection, including but not limited to collection agency fees, court costs, attorney's fees and late charges that may be incurred in the event of a default. Any person(s) signing this agreement authorizes the use of disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.

6. Compliance with Laws

This agreement shall be governed by the laws of the State in which Business is located. All rights and obligations of the Business and Member 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.

The Business and Member shall be bound by the modified agreement and agree that no other modification 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 unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.

7. Acceptance of Member

By signing this agreement, Member agrees to fully and completely comply with all terms and conditions hereof and Excelsior Self Defense & Fitness, LLC's rules and regulations. Failure to comply with Excelsior Self Defense & Fitness, LLC's rules and regulations is grounds for immediate suspension or termination of the Member. Suspension or termination shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due.

The failure or inability of Member to use the facilities, classes or services of Excelsior Self Defense & Fitness, LLC for any reason, except as otherwise provided herein, does not relieve or suspend the Member's obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit. Excelsior Self Defense & Fitness, LLC and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Member for marketing, trade, publishing or any other lawful purpose. Member understands and agrees that full payment of tuition is not a guarantee or promise of advancement.

8. Death or Disability

Member may cancel if member dies or becomes permanently disabled. Cancellation requires the member or member's estate seeking relief under this clause to provide proof of disability. A physical disability sufficient to warrant cancellation of the contract by the member shall be established if the member provides a certification of such permanent disability by a medical doctor.

9. Relocation

Upon notice to Excelsior Self Defense & Fitness, LLC and satisfactory proof of relocation, Member may cancel the agreement if Member or Excelsior Self Defense & Fitness, LLC moves more than 25 miles from Member's current residence.

10. Buyer's Right to Cancellation

This agreement may be cancelled by Member for any reason without the penalty or further obligation within 3 days from the date hereof (the "BUYER'S RIGHT TO CANCELLATION"). Cancellation shall be made in writing and mailed to Excelsior Self Defense & Fitness, LLC via certified mail. All money paid shall be refunded by Excelsior Self Defense & Fitness, LLC within 30 days of the exercise of the Right to Cancel, except that Excelsior Self Defense & Fitness, LLC may retain expenses actually incurred and the portion of the total price representing the services used and completed based on an hourly rate of $35/hour. Down payments are non-refundable. All memberships require a 30-day cancellation notice upon completion of a termed agreement. Memberships are not automatically canceled.

The Member understands that after the Right to Cancel expires, except as specifically provided herein, this agreement may not be canceled, and all payments through the end of this agreement shall be due and payable as provided herein.

To cancel this agreement pursuant to any right contained herein, the Member shall submit, to Excelsior Self Defense & Fitness, LLC, a completed Excelsior Self Defense & Fitness, LLC Cancellation Form, which can be obtained from Excelsior Self Defense & Fitness, LLC, by certified mail return receipt requested, or by personal delivery to the address specified in this agreement for Excelsior Self Defense & Fitness, LLC. Within 30 days of receipt of the Cancellation Form, any money to be refunded to the Member shall be paid by Excelsior Self Defense & Fitness, LLC and any automatic transfer shall be canceled.

If the Member has executed a credit, lien or automatic funds transfer agreement to pay for services, any such agreement executed by the Member shall be destroyed. Failure to attend class does not constitute or imply notification to or cancellation of this agreement. Membership is cancelled when all payments due within the specified notification period have been received. If a notification period is not specified, 30 days notice is implied. Member retains membership rights and privileges until the notice period expires.

All memberships will go into auto-renewal of a month-to-month membership once the original membership completes. If you choose not to auto-renew, contact Excelsior Self Defense & Fitness, LLC before your membership ends.

11. Default

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, litigation may be initiated to collect all amounts due or the account referred to collection. In the event of default in payment or breach of this agreement, Excelsior Self Defense & Fitness, LLC shall be entitled to recover their reasonable attorney's fees, court costs, and, if applicable, interest on any past due amount at the rate of $25.00 for each month a payment declines. After 60 days, Excelsior Self Defense & Fitness, LLC reserves the right to assign all delinquent accounts to collections.

12. Consumer Notification

Excelsior Self Defense & Fitness, LLC is an authorized agent to bill and collect Member tuition on behalf of Excelsior Self Defense & Fitness, LLC. Excelsior Self Defense & Fitness, LLC is a billing company not a collection agency or finance company. However, Excelsior Self Defense & Fitness, LLC may refer an account to a collection agency or attorney's office for debt collection and/or reporting.

14. SMS / Text Messaging Consent

By providing your phone number and checking the SMS consent box on any form on this site, you agree to receive text messages from Excelsior Self Defense & Fitness, LLC related to your class schedule, trial, membership, and promotional offers. Message and data rates may apply. Message frequency varies.

Consent to receive text messages is not a condition of purchasing any goods or services. You may opt out of text messages at any time by replying STOP to any message you receive from us, or by contacting Excelsior Self Defense & Fitness, LLC directly at 478-777-8272 or krav@excelsiorselfdefense.com. For help, reply HELP or contact us using the information above.

Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for more on how we handle your information.