The participating individual and/or legal guardian (hereinafter “Student”) hereby enrolls as a student (hereinafter “Enrollment”) with American Boxing and Fitness, Inc., also known as (hereinafter a.k.a) American Boxing Muay Thai & Fitness, a.k.a. American Boxing, (hereinafter “ABF”) for a single class, single lesson or contractual term, is subject to the Terms and Conditions and Obligations set forth herein. This Enrollment is a license for Student to access the services and equipment of ABF during a specific term.

The Student and/or purchaser accepts and acknowledges that all terms and conditions of ABF have been read and understood.

All student correspondence with regard their membership Enrollment with ABF will be by email to fightmuaythai@gmail.com with a notification of said email having been sent, to 858-581-2694.

The student understands the following rules:

1. In the event you are sick, have recently been sick or have symptoms such as cough, sneezing, runny nose, elevated temperature or have been inside of an enclosed space with anyone exhibiting those symptoms, you will notify Coach Dave of the date of symptoms onset, PRIOR TO RETURNING TO TRAINING.
2. During each training session or class, the following are required:
a) water
b) a hand towel
c) running shoes
d) a beach towel or yoga mat
3. Clean and well-groomed finger and toe nails in the event of barefoot training.
4. Hours of operation coincide with scheduled class times and by appointments only.
5. All drills and exercises must be performed to the exact specifications of the instructor. In the event a student is unable or unwilling to perform any drill or exercises safely and/or properly, instructor may have Student perform tasks different from other participants.
6. All classes must be signed up for 24 hours in advance via text message to 858.581.2694
7. For Personal Training Refunds, notice must be provided by text message to 858.581.2694 No Less than 24 hours prior to the appointment start time.
8. Student, missed classes are subject to a $25 fee, if notice is less that 24 hours.  An invoice will be sent on Venmo, an account on file is required.  Non payment will result in a termination of training relationship until balance is paid in full.

ABF reserves the right to make changes to the type, location, quantity and hours of classes at any time. Scheduling changes, notifications, rules or any notice of any kind, will be made by text message, SMS message or by email notification.

As a further condition of the Enrollment, Student agrees to follow all Rules and Regulations of ABF. Student agrees that ABF may revise the Rules and Regulations at its sole discretion, which shall become effective upon verbal notification, posting here.  Please check back periodically for updates.

At the end of the initial membership term, Student Enrollment shall renew automatically on a month-to-month basis at ABF’s billed monthly rate of $250 for monthly payment plans and renew automatically for the previously paid rate for pre-pays (ie: the annual pre-paid amount). Student’s automatic payments may not reflect an increase to the month-to-month rate after their initial term. Their initial rate which is based on their commitment term and membership option, will remain in effect until Student gives ABF a 30-day written notice of cancellation, at that time, Student is required to pay the difference between their monthly payment processed and the month-to-month rate for each month past their initial Enrollment term. This balance must be paid in full before any membership cancellation may be processed. ABF may process and charge to the credit card on file this and any balance due in full at any time after receiving a letter of cancellation from Student. ABF is not required to provide invoice prior to processing or notification of such transaction. Upon request, a receipt of a completed and processed transaction will be made available to Student at ABF facility.

Automatic Checking Accounts Transfers and Automatic Credit Card Transfers may be processed through the bank on any day of the month. Student and Co-signer hereby authorizes Student’s/Co-signer’s bank to charge Student’s account and authorizes ABF to automatically charge the account based on monthly Enrollment dues owed, plus all other amounts owed as agreed in Student agreement. Student and Co-signer also authorizes ABF to issue to bank any new information on the below account or new bank info given to ABF by Student.
Student and Co-signer also agrees to pay a late fee of $20.00 in addition to the monthly Installment Payment for each occurrence of any and all payments which are returned, delayed, interrupted, or denied by the bank for any reason after the date due.
Student is responsible for the maintenance and accuracy of all billing, payments and account information through the www.americanboxing.net “Member Login”. Student and Co-signer agree that ABF shall automatically include such late charge to that month’s or any succeeding month’s authorized Electronic Funds Transfer. Student/Co-signer must keep ABF informed of any change in Student’s /Co-signer’s banking or credit card information and notify ABF at least 5 business days prior to Student’s billing date in the event Student is unable to access the internet and Mindbody online software. In the event of the Student defaults on any single installment without remedying that default within 30 days including all penalties, ABF has the right to proceed against the Student for the full Enrollment term for the total amount agreed to in this agreement plus all associated collection fees, late fees, attorney fees and/or an $50 administration fee.
Student understands that if any discount is received based on a group enrollment (2 or more people), breach on any one group Students part will cause remaining Students and their agreements to be re-rated to the original standard contract amount for all past and future dues. All past dues then owed by remaining group Students will be charged to each Students credit card on file at any time chosen by ABF.

You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, send by standard US mail or hand deliver a typed or hand written legible notice, signed and dated which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to American Boxing Attn: Accounts at PO Box 9893 San Diego, Ca 92169. Initiation fee is considered earned in full upon signing this agreement. If this agreement is cancelled based on the above basis, you will owe pro rata class and processing fees.

The following is understood and accepted by the Student and/or purchaser.

• All personal training is between Student and ABF, not any one personal trainer.
• Dates and times may vary and all arrangements are made with your current personal trainer.
• Personal training sessions are not transferable.
• Personal trainer is required to wait no longer than 15 minutes past a scheduled appointment time for students arrival. Session times begin at scheduled start time and will not be extended as a result of tardiness.
• “30 minute sessions” can last from 20-30 minutes and “60 minute or 1 hour sessions” can last from 45-60 minutes.
• Due to circumstances outside of my trainers control that he or she may be upwards of 15 minutes late for a scheduled session and that session may still end at its original end time.
• If student is unable to make a scheduled personal training session due to illness, emergency, travel or any other circumstance that may arise; it is students responsibility to notify personal trainer no less than 24 hours in advance and reschedule the scheduled session.It is understood that if student does not notify personal trainer with 24 hour advanced notice that student may be charged for that session just as if the session had been used.
• At any given time, student may be trained by another ABF trainer.
• All personal training packages expire 1 year from purchase date except reoccurring monthly training agreements which expire at the end of each month.

“Hold” means that the Enrollment agreement shall remain in effect, but the privilege of use and the obligation to pay are suspended for a limited period of time. The period that the agreement is suspended during the hold period will be for reasons contained in this paragraph; no other holds will be permitted.
Student may place Enrollment on hold for an unlimited period at no charge if by a medical doctor’s written opinion that said Student is physically unable to use the facilities in any capacity. Such a hold is effective only if received by ABF within 30 days of the doctor’s dated opinion. For example: You receive a doctors note in July permitting a 4 week freeze, however, you provide the letter to ABF in September, October or any other month outside of the 30 day time frame in which the doctors letter was intended to be used. The doctor must give ABF in writing the facets or components of exercise that Student is unable to perform so ABF has the option to provide a substitute or alternative routine for Student. The doctor must give ABF in writing a date that the Student may resume exercising. ABF will recommence billing at that time.
Military may place their Enrollment on hold for an unlimited duration with a signed copy of military orders or letter from their commanding officer stating a departure and return date.
Student may for any reason place their Enrollment on hold for up to two months during any 12 month period. A charge of $25 per month will apply at the time of requesting a Enrollment hold. The term of the Enrollment will increase by the duration of any hold. All holds require no less than a 30 day written notice for instatement.
Example of FREE Membership Freeze Letter

November 12, 20XX

To American Boxing:

This letter has been mailed more than 30 days before my billing date of December 15. Please freeze my account for December as I am in the Navy and being deployed for X months.

Attached is a letter from my commanding officer on US Government letterhead signed and dated confirming my deployment for the dates of my freeze.

Thanks in advance,

Joe Smith

858-555-1212

Example of $25 Freeze Letter

November 12, 20XX

To American Boxing:

This letter has been mailed more than 30 days before my billing date of December 15. Please do a $25 freeze on my account for the month of December as I am going on vacation.

Thanks in advance,

Joe Smith

858-555-1212

You may cancel this Agreement under the following conditions:
• You have completed your Enrollment term and/or have a $0 account balance, and give ABF a 30 day written notice to cancel.
• On cancellation, under this and all other sections, laws or rulings current or in the future, the student is responsible for the pro rata share of services used. On the first day of this agreement and thereafter on each billing cycle, the entire months dues are considered to have been earned for that following month by ABF immediately at the time of payment processing.
 If contract is cancelled prior to the completion of Enrollment Term, student will pay pro rata per class fees for classes used on a $25 per class basis or the month-to-month membership rate based on membership option selected by student, whichever is greater. For example: If a student committed to pay $75/month for 1 year of Boxing classes yet the student chooses to cancel his contract after 2 months for any reason at all, if the month to month rate for Boxing was $100/month***, then, for the past 2 months, that student would owe a pro rata share of $25 more per month for a total of $50 owed for previous membership dues owed as if a discount was never given. If the student does not complete his 3, 6 or 12 month agreement term, he/she should not and does not receive the 3, 6 or 12 month discounted rate.
• If Enrollment agreement is cancelled under any provision without having completed the agreed upon term, you, the buyer will be required to pay an early termination fee of $50-$100 based on California state law, pay your last month’s dues (per the 30 days notification provision), and will also be responsible to pay for any discounts, enrollment fees, house charges, equipment, merchandise and/or service that were not charged at time of Enrollment and possibly given to you as incentive to enroll for the membership enrollment duration you have selected.
• In the event buyer/Student requests that ABF calculate and/or provide a balance due at time of cancellation, buyer/Student will be subject to an $50 administration fee in addition to all other fees. (This amount calculation is buyer/Student responsibility and is based on information already in buyer/Students possession via students own banking and receipts, their Enrollment which can be seen by logging into their ABF account via Member Login at www.americanboxing.net and criteria available here in ABF Terms of Service)
• If you prepaid for an Enrollment term and received any discounts, equipment, merchandise and/or service that were not charged at time of Enrollment signing and possibly given to you as incentive to you enrolling for the Enrollment duration you have selected, you will pay for those discounts at time of cancellation by way of a reduction in the refund amount given.
• Cancellations will not be accepted until all past due balances and costs associated with early termination are paid in full.
• There will be a $50 administrative processing fee added to all cancellations that did not complete the agreed upon initial contract term, including 5 day cancels.
Cancellation by email, fax, word-of-mouth, certified mail or any other method outside of a legible physical cancellation letter hand delivered or sent standard mail, signed by Student, with the exceptions being death or disability will not be accepted.** Unfortunately certified mail is not accepted due to the fact that some instructors may be sub-contractors and not authorized to sign for certified mail.
You may call after 3-5 days of sending notice during office hours and confirm your letter has been received, we will be happy to inform you.

By reason and proof of death or disability, the buyer and/or his/her estate will be relieved from the obligation of making payments for services other than those prior to death or the onset of disability, and that if he or she has prepaid any sum for lessons or services, as much of that sum as is allocatable to the lessons or services he or she has not taken will promptly refunded to him or her or his or her representative. Disability means a condition that precludes the buyer from physically using the facilities in any capacity, and that is verified by a medical doctor with a full understanding of all ABF services. Until you have given us written notice verified by a medical doctor, Enrollment obligations will continue.

Example of a Membership Cancellation Letter:

November 12, 20XX

To American Boxing:

Unfortunately I need to early cancel my membership.

(Feel Free to comment on your training experience with American Boxing here…we appreciate the input!)

I completed X months and on my next bill I will have completed X months. 

 This notice has been mailed more than 30 days in advance of my final billing (per the 30 days notification provision) and therefore for the past X months I owe a balance of $XXX for dues since I was not able to complete my original membership term.

(please note, whether dropped off or mailed, a date stamp is put on the letter…please do not back date letter, it is embarrassing for everyone)

I also received free gear but have lost my receipt so I am unaware of the retail value of the equipment. If you could call me and let me know the balance I would appreciate it. (This would initiate a $50 administration fee)

Thanks in advance,

Joe Smith

858-555-1212

Student / Co-Signer agrees that this is the sole agreement between the parties. No oral agreements or modifications are valid. Any change affecting this Agreement must be done in writing 30 days in advance of its effective date. All written notices must be delivered in person to ABF between the hours of 10:00am and 5:30pm Monday through Friday only. Please call in advance to ensure a representative will be available to assist you. Verbal, telephonic, email, text, digital and facsimile transmissions (FAXES) are not effective as written notice.

ABF has a NO REFUNDS Policy.
Student agrees that ABF may revoke Student Enrollment, at ABF’s sole discretion by only 1 method, by giving a written notice to Student.
Any unused Enrollment Dues in possession of ABF at the time of the effective date of revocation or cancellation will be paid to Student within 2-4 weeks of effective date of revocation. There will be no refund of any Initiation Fees. Except for revocations there will be no refunds of Enrollment Fees or any other fees except for where this agreement stipulates. The Initiation Fees are earned by ABF upon execution of this agreement and are non-refundable. Monthly Enrollment Dues and Fees are fully earned by ABF on the first day of that month, and there will be no refund of an Enrollment Fee for a partial month. ABF cancellation policies will apply to all Enrollment revocations.

This Enrollment may be transferred to any ABF pre-qualified non-Student. There will be a $100.00 fee to Student each time that the Enrollment is transferred. Account must be in good standing with a $0 balance and new Student must fill out all necessary paperwork before transfer can take place.

Student agrees that personal property shall not be left at ABF after close of business. Student hereby transfers all right, title and interest to any personal property left on the premises or in a locker at the close of business each day. Student waives any notice for ABF to sell, transfer or dispose of any such personal property. Student agrees that ABF are not responsible for any lost or stolen property.

All Special Offers are for 1st time American Boxing inquiries only, unless otherwise stated.  Special offers can not be combined. Specials offers, are for San Diego Residents, only.

Student acknowledges that he/she has no physical impairments and that the activities offered by ABF inherently involve the possibility of injury, financial loss or death. Student knowingly and voluntarily assumes the sole risk, liability and the full responsibility for such injury, financial loss or death resulting from use of ABF facilities, equipment and/or instruction, even if such injury is caused by negligence. As additional consideration for the Enrollment, Student does hereby for Student, Student’s heirs, executors, administrators, successors and assigns, release, acquit and forever discharge ABF, its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer’s agents, and all other persons, firms, corporations, associations and partnerships, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses and compensation whatsoever, whether known and unknown, foreseen or unforeseen anticipated or unanticipated, which the Student may have or which may hereafter accrue on account of or in any way growing out of the use of ABF, its facilities or its courts including any injury, financial loss or death, by Student or guest.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in creditor’s favor at the time of executing the release, which if known by him must have materially affected creditor’s settlement with the debtor.

Student acknowledges that he/she is Enrolling and therefore purchasing a Membership for usage at the ABF’s facilities, not for any single program type, location, or offering. Furthermore, there is no assurance that now current group exercise classes, their times, and specific instructors will continue to be offered in the future. ABF reserves the right to use Student photography/video taken in ABF in their marketing material. Any failure to pay Student’s monthly dues by its due date will terminate Student’s right to use ABF and make any Unpaid Balance, plus late fees for all future periods, to become immediately due and payable. The failure to demand a late fee on any one installment will not be a waiver of ABF’s right to collect on including attorney’s fees and collection agency fees. Failure to use the facilities of ABF does not relieve Student of Student’s /Co-Signer’s obligation to pay all installments required hereunder. This agreement may be assigned by ABF without notice to Student.

Student/Co-Signer declares that this agreement contains along with the page signed at time of enrollment combined constitute the entire agreement between parties and that the terms are contractual and not merely recitals. Student/Co-Signer willingly enters into this agreement. Student/Co-Signer has read and understood all of the provisions of this agreement and agrees to be bound by them. If any provision is found to be invalid or unenforceable, the remainder will remain valid and enforceable. All claims, disputes, and other matters arising out of, or relating to, this Agreement or the performance of it, including but not limited to questions as to whether a matter is governed by this arbitration clause, shall be subject to Arbitration. The Arbitration will proceed in accordance with the rules set forth by the American Arbitration Association. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California, and the Parties submit to jurisdiction and venue in the State of California, and specifically at the American Arbitration Association offices in San Diego.

* Electronic correspondence includes but is not limited to: email, internet, fax, text and sms messaging or other electricity dependent device. Active Duty US Military, on “last minute” deployment/orders, that need to place a hold/freeze on their membership or extend a previously processed hold/freeze, that are not able to do-so by paper letter sent per this agreements terms, must do so by 2 methods to help ensure delivery. 1) by text message to (858) 581-2694 2) DM to @americanboxingandfitness on Instagram 3) DM to @americanboxingandfitness on Facebook. Any available supporting documentation should be attached to each method of delivery. The subject line should state “MILITARY FREEZE” or “MILITARY FREEZE EXTENSION REQUEST” along with the service members full name as it appears in our system, with a start and end date.  We do not process open ended holds. With proper documentation, we provide our military unlimited holds/freezes including retroactive credit in the event official documentation was not available at the time of deployment.
**ABF cannot accept certified mail. Assistant instructors that in the event of illness, may be present, are volunteers however, not authorized to sign for ABF mail. If you feel more comfortable, your notice may be handed in 15 minutes before any class start time, however regular U.S. mail has never been a problem.
***Dollar amounts in examples may or may not be actual dollar amounts used by ABF. Please refer to your receipt and dollar amounts outside of “example” sections of this agreement for actual dollar amounts.