PAYMENT AGREEMENT

Servicer 

IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is hereby acknowledged, I (the "Client") agree with Rebirth Martial Arts TX LLC (the "Servicer") for the Participant (the “Student”) to participate in the following: 

BACKGROUND

The Client is of the opinion that the Servicer has the necessary qualifications, experience and abilities to provide services to the Client.

The Servicer is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

Services Provided

1. The Client hereby agrees to engage the Servicer to provide the Client with the following services (the "Services"):
   
   

1. Teaching martial arts lessons and services, including elements of Krav Maga, Karate, Competition Weapons in Martial Arts, Muay Thai Kickboxing, MMA, submission grappling, BJJ, and Taekwondo.;

2. Providing self-defense seminars to children and adults, private groups and entities, or public groups and entities.;

3. Giving privatized instruction of competition martial arts, self-defense, personal training, and individualized lessons catering to a students' needs.; and

4. Providing catered events known as Parents' Night Out and Birthday Parties to watch and monitor children in our care while parents may be absent from the building.

2. The Services will also include any other tasks which the Parties may agree on. The Servicer hereby agrees to provide such Services to the Client.

Term of Agreement

1. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
   
   

2. Services will be provided for the duration of the program in which the Client is agreeing to.

Performance

1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

2. The Parties agree to read the Student Guidelines and will follow the Guidelines to the fullest, to ensure successful training for the student this contract is representative of. The Parties agree that Rebirth Martial Arts staff, students, and representatives are not at fault for the students failure to succeed if The Parties do not follow the rules and guidelines presented.

Currency

1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

Compensation

1. The Servicer will charge the Client for the Services at the agreed upon rate per month (the "Compensation") including, but not limited to, choices from the following:

1. Introductory Program Monthly Payment of 0 for one class per week of 30-45 minutes

2. Introductory Program Monthly Payment of 0 for two classes per week of 30-45 minutes

3. Introductory Program Monthly Payment of 5 for three classes per week of 30-45 minutes

4. Black Belt Program Monthly Payment of 5 for one class per week of 45-60 minutes

5. Black Belt Program Monthly Payment of 0 for two classes per week of 45-60 minutes

6. Ultimate 1 Program Monthly Payment of 5 for two classes per week of 75 minutes and one class per week of 60 minutes

7. Ultimate 2 Program Monthly Payment of an additional added to the prior monthly payment option for an additional class of 60 minutes each week

8. Leadership or I.T.P. Program Monthly Payment of an additional or added to the prior monthly payment option for an additional class of 45 minutes each week

9. Demonstration Team (Team Phoenix) Monthly Payment of an additional added to the prior monthly payment option for an additional class of 60 minutes each week

10. A 3.19% service charge on top of any Monthly Payment to process payment information.

These prices and times are subject to change at any time due to closures, inflation, and other causes. The servicer agrees to these possible changes.

1. The Servicer will charge the Client for the Equipment at the agreed upon rate at the origination of services including, but not limited to, choices from the following with added Texas state sales tax:

1. Introductory Tiny Champion Program Equipment Payment for approved equipment for use of participation in classes

2. Introductory Program Equipment Payment for approved equipment for use of participation in classes

3. Black Belt Little Champion/Youth Program Equipment Payment for approved equipment for use of participation in classes

4. Black Belt Adult Program Equipment Payment for approved equipment for use of participation in classes

5. Ultimate 1 Program Equipment Payment for approved equipment for use of participation in classes

6. Ultimate 2 Program Equipment Payment or approved equipment for use of participation in classes

7. Leadership or I.T.P. Program Equipment Payment for approved equipment for use of participation in classes

8. Demonstration Equipment Payment for approved equipment for use of participation in classes

9. Competition Equipment Payment for approved equipment for use of participation in classes

10. Any upgraded equipment including, but not limited to, washable gear, customized weapons, or sale-specific items are also included.

2. A registration fee of .00 (the "Deposit") is payable by the Client upon initial registration and execution of this Agreement unless waived by the Servicer. 

3. An “absent parent” fee of will be charged if parents leave their children at the property unattended without proper communication with permission (notifying staff through verbal, text, or phone call communication) or cause (including camps, leadership students, or parents night out events). This fee can occur for each instance of an absent parent. 

4. For the remaining amount, the Servicer will invoice the Client every month, unless paid in entirety by the beginning date listed in the Terms of Agreement.

5. Invoices submitted by the Servicer to the Client are due upon receipt.

6. The Parties will not be reimbursed for any expenses incurred in connection with the Services of this Agreement. If Parties have an approved reason for a reimbursement on physical goods, they have to notify the Servicer within seven days of receipt to process the reimbursement and return the goods.

7. If signing up under specialized promotion such as a Founder's Rate or Sale pricing, The Parties agree to pay the pricing specified and terms relating to pricing. This may include a waiver of registration fees, discounted service pricing within a set amount of time, or a discount on equipment.

8. If the servicer wishes to cancel services at any point in time, they are required to give a written statement including reasoning and date of expected cancellation 30 days before expected service cancellation. Scheduled payments and outstanding balance payments may continue to process during this time. If the servicer wishes to resume classes after a cancellation has been processed, they forfeit any discounts of their previous membership(s) and must sign-up as a brand new student.
9. If the servicer wishes to "pause" or "freeze" their services, they are only permitted to do so up to for any absences spanning over two weeks of the same month and under two months. If they need to "pause" or "freeze" any longer than two months, this would be considered a cancellation. Attending virtual classes during time away is not considered a pause, freeze, or cancellation. 

Confidentiality

1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

2. The Servicer agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Servicer has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

3. All written and oral information and material disclosed or provided by the Client to the Servicer under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Servicer.

Ownership of Intellectual Property

1. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Servicer. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Servicer.

Equipment

1. The Parties agree to only use approved equipment for the services outlined within this contract and provided by the school. Equipment must be approved by Rebirth Martial Arts LLC management before use. This is to ensure the safety of all students.

Notice

1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following e-mail addresses:
   
   Mike@RebirthMartialrts.com

or to such other addresses as either Party may from time to time notify the other, and will be deemed to be properly delivered immediately upon being served personally.

Indemnification

1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occur in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by the servicer.

Governing Law

1. This Agreement will be governed by and construed in accordance with the laws of the State of Texas.

Severability

1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

2. If this contract is needed to be terminated immediately due to emergency, The Parties agree to contact management of Rebirth Martial Arts LLC directly so the cancellation may be expedited.

3. If the client needs to end payments for any non-emergency reason, they must give a 30 day written notice through email to Mike@RebirthMartialrts.com. During this time, one final payment may be charged if a scheduled payment date is within the 30 days. All scheduled payments after the final date of the notice will cease unless resumed by the client.

I agree with the terms listed above. 

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