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Membership Contract

I authorize H2K, LLC to notify me at the following email address when my statement or other correspondence is available and ready to view online.

Term

Acknowledgment of selected membership term duration:

I understand

Automatic Renewal Options

This Agreement will continually renew as set forth with the same billing method, frequency and due date. Length of the renewal period is determined by the membership type. H2K, LLC must receive written notice not less than 30 days prior to Program Expiration to terminate a scheduled auto-renewal. If the Agreement renews, termination is governed by the renewal type.

(Unless otherwise stated, a 30-day written cancellation notice is required.)

I understand

Billing Agreement

This Agreement is between H2K, LLC and Customer in relation to Business. The phrase “H2K, LLC” will appear on your bank or credit card statement. Any account more than 5 days past due will be charged a $10.00 late fee unless otherwise stated herein. Any returned payment will be assessed a $25.00 fee. Any unsuccessful scheduled electronic transaction is subject to a $10.00 processing fee. H2K, LLC is not responsible for any bank fees incurred by Customer. H2K, LLC has the sole right to modify any payment due date and to resubmit returned or declined items (plus applicable fees) without prior notice. If the Billing Method is modified during the term of this Agreement, the payment amount may be adjusted accordingly (if applicable, by Business).

I understand

Member's (Customer's) Right to Cancel

If you wish to cancel this Agreement, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the Business. The notice must say you do not wish to be bound by the Agreement and must be delivered or mailed before 12 midnight of the third business day after you sign this Agreement. The notice must be delivered or mailed to H2K, LLC and the Business at the addresses set forth herein. If you cancel, any downpayment or initial fee may not be refundable and the Business may be entitled to a portion of the total Agreement price. If the Business goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. H2K, LLC will not be responsible for any refunds. Enforcement of applicable consumer statutes is by your state or local authority. If you feel your rights have been violated you should contact your state or local Consumer Affairs Office. I have read and understood this entire Agreement and I agree to comply with all the provisions, terms and conditions set forth on both sides of this Agreement including but not limited to paying the Balance/Total Billed (6a.6). I further agree that once signed, this Agreement is a legally binding and enforceable obligation. I acknowledge I have received a copy of this Agreement.

I understand

T E R M S A N D C O N D I T I O N S

1. MEMBER FITNESS. By signing this agreement, Member represents,

warrants and ensures that he has had an opportunity to observe the programs

offered by the Business and that he is physically and mentally able to take classes

offered by the Business in that program and/or any others in which Member may

participate. Member understands that he may not transfer or assign this membership.

2. UNAVAILABILITY. If the Business’ 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 the Member. Upon notice to the Business, the Member may cancel this

agreement if the Business’ facilities are unavailable for more than 90 consecutive

days. Within 30 days of receipt of such notice, the Business 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, the Business

may close its facility on holidays, for a period not exceeding three weeks per year

for necessary maintenance and other purposes without affecting scheduled

payments.

3. LIABILITY WAIVER AND RELEASE. The Member understands and

agrees that strict observation of the Business’ rules and regulations and the rules

and regulations relative to the service or instruction provided, including the use of

protective equipment, is required. The Member understands and agrees that the

use of the Business’ facilities and the Member's presence at the Business’ facility are

at the sole risk of the Member. The Member understands and agrees that the

services or instruction provided may involve skills and training which include violent

and sudden movements and that in connection with the training and instruction,

there may be physical contact between instructors and Members and between and

among the 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.

Member, on behalf of him/herself and anyone claiming by or through the

Member, hereby holds harmless, releases and forever discharges H2K, LLC, its officers,

directors, employees, agents and representatives and the Business 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 the Business,

including, but not limited to, any injury or damage caused by the negligence or willful

misconduct of H2K, LLC, the Business, 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 the Business.

4. CLASSES. Scheduling and content of classes and programs, furnishing

of facilities and provision of instructors to teach and supervise classes and practice

sessions are at the sole and absolute discretion of the Business and may be changed

at any time by Business. By signing this Agreement, the Member receives membership

at a greatly reduced price. Member understands and agrees that additional fees

such as examination and/or testing fees may not be included in the price of this

agreement. The Business may raise the tuition rate of ongoing memberships by

providing advance notice equal to the notice period required for cancellation stated

herein.

5. SIGNATORIES. Any person(s) signing this Agreement, whether as a

Member, co-signer or otherwise shall be jointly, severally and individually liable to

Business and H2K, LLC for the full contract price as if such person signed as the Member.

All persons signing this agreement assume responsibility for all costs of 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 a disclosed e-mail address for billing and

marketing 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 modifications 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 the

Business’ rules and regulations. Failure to comply with the Business’ rules and

regulations is grounds for immediate suspension or termination of services to the

Member. Suspension or termination shall not entitle the Member to a refund or

credit for any amounts already paid or cancel any unpaid balance due. The failure

or inability of Member to use the facilities, classes or services of the Business 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. The Business 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. If Member becomes disabled, the Member

may extend the term of the Agreement, at no additional cost, by written notice to

H2K, LLC and Business, for a period of time equal to the duration of the Member’s shortterm

disability, verified by a physician, which precludes the Member from using any

of Business’ facilities for a period of less than six (6) consecutive months. The

Member or his/her legal representative may cancel the Agreement if the Member

dies or becomes permanently disabled. Permanent disability is a disability, verified

by a physician, which precludes the Member from using any of Business’ facilities for

a period in excess of six (6) consecutive months.

9. RELOCATION. Upon notice to H2K, LLC and Business and satisfactory

proof of relocation, Member may cancel the Agreement if Member or Business

moves more than 25 miles from Business’ current location.

10. CANCELLATION. This Agreement may be cancelled by Member for

any reason without penalty or further obligation at any time prior to midnight on

the third business day after you sign this Agreement (the “Right to Cancel”).

Notice of cancellation, in writing, stating that you do not wish to be bound by this

Agreement must be delivered or mailed to H2K, LLC and the Business by certified mail,

return receipt requested within the time period provided above. All money paid

shall be refunded by the Business within 30 days of the exercise of the Right to

Cancel, except that the Business 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. Payments made at the time of enrollment or execution

of this Agreement are non-refundable after 3 days.

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 the Agreement shall be due and payable as provided

herein. To cancel this Agreement pursuant to any right contained herein, other than

the Right to Cancel set forth above, the Member shall submit, to H2K, LLC and Business,

a completed H2K, LLC Cancellation Form, which can be obtained from the Business, by

certified mail return receipt requested, or by personal delivery to the address

specified in this Agreement for H2K, LLC and Business. Within 30 days of receipt of the

Cancellation Form, any money to be refunded to the Member shall be paid by the

Business 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 utilize the

services or instruction provided by Business 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.

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,

H2K, LLC and/or Business shall be entitled to recover their reasonable attorneys

fees, court costs, and, if applicable, interest on any past due amount at the rate of

1.5% per month and a collection fee equal to 20% as a collection fee and not a

penalty, to collect any past due amounts or cure any breach.

12. CONSUMER NOTIFICATION. H2K, LLC may refer an account to a

collection agency or attorney’s office for debt collection and/or credit reporting.

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Signed by Anthony Budion
Signed On: May 31, 2023

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September 28, 2022 2:43 pm EDT

Membership Contract Uploaded by Anthony Budion - budion22@gmail.com IP 24.99.150.236