Membership Contract

Disclaimer of Liability/General Release and Waiver: I understand that I have been, or will be admitted as a member of the Alaska Training Room, the “ATR”, based in material part on this General Release and Waiver. I am fully informed and aware of the nature of the classes and physical dangers therein. As a member of the ATR, I intend to and will engage in strenuous physical activities in classes on the ATR’s premises. I understand that these physical activities involve certain risk and exposure to personal injury, which risk and exposure I voluntarily assume for myself and any member of my family, including children who visit the ATR. In consideration of the mutual covenants contained herein and other good and valuable consideration, including the use of the ATR’s facilities and the admission of members of my family including children, the receipt and sufficiency of which is hereby acknowledged, I hereby release in full and forever discharge the ATR, its Directors, Officers, Managers, Members, Employees, Contractors and Agents, and all other members and guests of the ATR, whether acting officially or otherwise, on behalf of myself or any member of my family, our Representative Heirs, Executors, Administrators and Personal Representatives, from any and all injury, liability, damages, claims, demands, and/or causes of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, including children, during or arising out of the use of the ATR’s facilities or participation in any ATR event (e.g., classes, seminars, etc.).
 
Rules and Regulations: MEMBER AGREES TO FOLLOW CLUB RULES PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership by the ATR without a right to be refunded any prepaid fees and without relieving Member of any payment obligations set forth in the Membership Agreement, including the Note (hereafter collectively referred to as “Agreement”).

Payment Default: If Member fails to pay an amount when due, under this Agreement, the ATR shall be entitled, at any time, in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. If Member fails to pay any amount due to the ATR when due, Member shall pay all costs and expenses of collection incurred by the ATR, including reasonable attorney’s fees and expenses.
 
Severability: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
 
Notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS and DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
 
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of the Agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Alaska and the application of Alaska law.
 
Entire Agreement: The Member and the ATR acknowledge that this Agreement constitutes the entire Agreement. It cannot be amended except in written form executed by both parties.
 
Cancellation: This Agreement is not cancellable by Member except as expressly provided for in this Agreement, including, without limitation by reason of Member’s failure to utilize the facilities of the ATR. In the event the ATR agrees, at its own discretion, to release Member from this Agreement for any reason not specified herein below (see “Buyer’s Rights”), ATR reserves the right to charge retroactively the Member for any difference between the “month to month” rate and any discounted rate given for a “monthly agreement.” Transfer: Member may not transfer or assign, in whole or part, any of his/her rights, interests and obligations created by this Agreement. The ATR shall have the right to assign or transfer, in whole or part, this Agreement and all rights, interests and obligations created by it.
 
Buyer’s Rights
Permanent Disability: If by reason of death or permanent disability, the Member is unable to engage in all activities associated with membership with the ATR and acceptable written proof of death or permanent disability, including verification from a qualified physician, is sent by member via certified mail and received by the ATR, he/she and his/her estate shall be entitled to cancel the Agreement and be relieved from his/her obligation to make payments there under, except those payments that became due prior to the effective date of the permanent disability cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent disability, he/she shall be reimbursed the prepaid amount less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the ATR’s standard, month-to-month membership rate.
 
Permanent Relocation: Should Member(s) permanently relocate their residence more than 30 miles from the ATR, Member may cancel this Agreement. A payment suspension pursuant to this section is contingent on member(s) tendering to the ATR, via certified mail, written verification of the move, which must be deemed acceptable proof by the ATR. Notwithstanding cancellation pursuant to this section, Member(s) shall remain liable for all payments that became due under the Agreement prior to the effective date of the permanent relocation cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent relocation, he/she shall be reimbursed the prepaid amount less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the ATR’s standard, month to month membership rate.
 
Freeze Policy/ Effective Date of Freeze: Member may request in writing that his/her entitlement to use the ATR’s facilities under this Agreement be put on hold for one period of time not exceeding sixty (60) days (a “freeze period”). For good cause shown by Member, and if Member is not in default under the Agreement, the ATR will extend Member’s entitlement to use the ATR’s facilities a like time as any freeze period granted. During any freeze period, all terms of the Agreement continue in full force and effect, including the Member’s payment obligations. The effective date of any freeze requested pursuant to this Agreement shall be thirty (30) days from the ATR’s receipt of any written notification of the Agreement. Member shall remain obligated to comply with the terms of this Agreement and all payments due hereunder until the effective date of termination.
 
Early Termination Fee: Member who has agreed to a recurring membership has the right to terminate this contract by paying the “early termination fee”. The total fee is 35% of the membership rate multiplied by the number of months remaining on the contract.
 
Damage, Destruction, or Condemnation: Should the facilities be unavailable due to damage by fire, act of God, catastrophe, war or accident, or in the event of destruction or condemnation of the premises, the ATR will have a reasonable time to reconstruct the premises or find suitable replacement thereof within a close proximity of the present ATR. Full time missed for the above reasons will be extended.
 
Update Emergency Contact Records: Member agrees to provide prompt written notice to the ATR of any changes in the Member’s contact information furnished on this Agreement, including, but not limited to any changes in Member’s current mailing address, employer information and emergency contact.

No Waiver: The ATR may enforce any term of this Agreement, or exercise any right created by this Agreement, regardless of the number of times it has opted not to enforce the same term or exercise the same right in the past.
 
Notices: All notices required by this Agreement shall be tendered to the ATR (mailing address), unless Member receives written notice from the ATR instructing otherwise.
 
General: The ATR reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by the ATR and may be changed at any time in its sole discretion. The ATR expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of the ATR. Membership does not confer on Member any ownership interest in the ATR or any of its property.}