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Waiver, Release and Emergency Medical Authorization
I
understand that any athletic endeavor is an extreme test of a person’s
physical and mental limits and carries with it the potential for personal
injuries. I hereby assume the
risk of my child’s participation in the Stealin’ Home Sports Camps,
LLC. I hereby take the
following action for myself and my child(ren):
I waive and release and discharge any and all claims or
liabilities for personal injury or damages of any kind, which may
arise out of or relate to my child’s participation at the Stealin’
Home Sports Camps, LLC the following persons or entities: Stealin’ Home,
It’s owner (Mike Carmiche), its directors, employees, coaches and
instructors; I
agree to not sue any of the persons mentioned above for any of the
claims or liabilities I have waived, released or discharged herein; and I
indemnify and hold harmless the persons or entities mentioned above from
any claims made or liabilities assessed against them as a result of my
actions. I hereby authorize
any licensed physician, emergency medical technician, hospital or medical
health care facility to treat my child(ren) for the purpose of attempting
to treat or relieve any injuries arising out of or relating to his/her
participation at the camp(s), I assume any such risk for and on behalf of
myself and child(ren). I also assume responsibility for payment for any
such emergency.
Notice:
Any holder of this contract is subject to all claims and defenses which
the debtor can 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. A
permanent transferring member must have purchased his current membership
90 days prior to transferring to an affiliate.
Temporary transient members are to be honored immediately.
Notice:
Stealin’ Home Sports Camps, LLC urges all members to obtain a physical
examination from their physicians prior to the use of any exercise
equipment or simulating the activities/exercises in the videos.
In the recognition of the possible dangers associated with any
physical activity, member(s) hereby knowingly assume the risk of injury
and knowingly and voluntarily waives and releases Stealin’ Home Sports
Camps, LLC , its officers, agents, employees or instructors form any and
all causes of action of any kind whatsoever arising as the result of such
activity. The contract is
subject to cancellation in the same manner as stated below in the Notice
To Consumer, upon your death or permanent disability if the permanent
disability is fully described and confirmed to Stealin’ Home Sports
Camps, LLC by a physician agreeable to you and Stealin’ Home Sports
Camps, LLC at Stealin’ Home Sports Camps, LLC’s expense.
Stealin’ Home Sports Camps, LLC may retain the total contract
price, representing the services used plus reimbursement for expenses in
an amount not to exceed (10%) of the total contract price or $50.00.
You may also cancel this contract if you provide a signed or
written notice of cancellation, Stealin’ Home Sports Camps, LLC,
PO Box 411
,
Mountain Lakes
,
NJ
,
07046
. In the event of
cancellation, Stealin’ Home Sports Camps, LLC will retain the contract
price, representing the services used, plus reimbursement for expenses
incurred, not to exceed (10%) or $50.00.
Refunds
must be made within 30 days of receipt of the cancellation notice to
Stealin’ Home Sports Camps, LLC. Operating
day means any calendar day on which customers may view the instructional
videos.
Automatic
Renewal Program (Monthly Dues Member):
Provided
that the member is not in default of this agreement and subject to the
terms and conditions hereof, the membership will automatically renew for
the rate indicated below. Renewal
terms may be cancelled at any time provided a 60 day written notice is
delivered to the address. It
is also understood that Stealin’ Home Sports Camps, LLC will not
increase the monthly rate above the specified amount below.
Monthly dues: $7.00 per month for future automatic renewal.
1.
You
understand that, except as herein provided, my membership is absolutely
non-cancelable. Your failure
to regularly utilize the services does not relieve you of your
obligations, regardless of the circumstances, to pay the balanced owed.
Should you default upon this agreement, you agree to pay all costs
of collection, including but not limited to collection agency fees up to
50% of the unpaid balance, court costs, disbursements and attorneys fees
which may be paid of incurred by the facility.
There are absolutely no refunds/reimbursements for prepaid
membership dues. Total price
of membership including processing fee is $84.00.
2.
Default
and late payments: Should you default on any payment obligation as called
for in this agreement, Stealin’ Home Sports Camps, LLC will have the
right to declare the entire remaining balance due and payable and you
agree to pay allowable interest, and all costs of collections, including
but not limited to collection agency fees, court costs, and attorney fees.
3.
At
any time during the continuance of this agreement, Stealin’ Home Sports
Camps, LLC shall have the right to sell, assign, transfer, and set over
this agreement with all it’s rights, title, and interest therein, to any
person, firm, or corporation, or other business entity, without the
member’s consent and the assignee thereof shall acquire al the rights
granted to Stealin’ Home Sports Camps, LLC and should be subject to any
obligations that Stealin’ Home Sports Camps, LLC may have under this
agreement. Member shall not
assign this agreement in whole or in part without the written consent of
Stealin’ Home Sports Camps, LLC.
4.
Members
requesting a freeze on monthly dues payment due to a medical injury nor
deemed to be a disability as herein provided, must submit a written
doctor’s notice. A
membership will become effective 30 days after notification.
Members who freeze their membership are not entitled to access any
videos and/or purchase discounted equipment during the membership freeze.
There are absolutely no retroactive refunds on monthly dues for
medical injuries. Medical
freeze may not be greater than 60 days without updated written doctor’s
note. If you are disabled for
greater than 60 days, you must submit a new doctor’s note confirming the
disability and the need to extend the membership freeze.
Member shall continually provide a doctor’s confirming the
disability every 60 days.
5.
Upon
registering,, all members are required to sign in with their own password
before viewing and videos or purchasing any equipment.
6.
Stealin’
Home Sports Camps, LLC urges all members to obtain a physical examination
from their physician prior to the viewing and or performing any exercises
/activity contained there in the videos. In recognition of the possible
dangers connected with any physical activity, you hereby knowingly and
voluntarily waive any right of cause of action of any kind whatsoever
arising as the result of such activity from which any liability may occur
to Stealin’ Home Sports Camps, LLC, its agents, employees, stockholders
and directors. You hereby
warrant and represent that you have no disability, impairment or ailment
preventing you from engaging in any form of exercise or activity that will
be detrimental to your health or safety.
7.
You
hereby acknowledge that any instructional video that you viewed does not
suggest that you perform any exercise, activity, etc… unless under the
direct supervision of a trained instructor.
Violation of these rules may result in suspension or cancellation
of membership, with no refund.
8.
You
agree to follow the rules presented by Stealin’ Home Sports Camps, LLC.
9.
If
any clause or provision herein shall be adjudged invalid or unenforceable
by a court of competent jurisdiction or by operation of any applicable
law, it shall not affect the validity of any other clause or provision,
which shall remain in full force or effect.
The contract shall be governed by the laws of the state of New
Jersey. The Superior Court of
the state of New Jersey, Ocean County shall have jurisdiction over any
dispute which arises under this agreement, and you submit and hereby
consent to such court’s exercise of jurisdiction.
In any successful action by Stealin’ Home Sports Camps, LLC to
enforce this contract, Stealin’ Home Sports Camps, LLC shall be entitled
to recover its attorney’s fees and expenses incurred in such action.
If www.stealin-home.com
is not functioning for a period longer than thirty (30) days through no
fault of your own, you may extend the contract for a period equal to that
during which Stealin’ Home Sports Camps, LLC’s closed or receive a
prorated refund of the amount paid by you under the contract.
Notice to Customer: You
are entitled to a copy of this contract at the time you sign it.
You may cancel this contract at any time before midnight of the
third operating day after receiving a copy of this contract.
If you choose to cancel this contract you must either Send a signed
and dated written notice of cancellation by registered or certified mail,
return receipt requested; or if you cancel this contract within the 3 day
period, you are entitled to a full refund of your money.
If the third operating day falls on a Sunday or a holiday, notice
is timely given if it is mailed or delivered as specified in this notice
on the next operating day. Refunds
must be made within 30 days of receipt of the cancellation notice to
Stealin’ Home Sports Camps, LLC. A
default occurs when any payment due under this agreement is more than ten
days late. Should any monthly
payment become more than ten days past due, you will be charged a late fee
of $7.00. An additional fee of
$15.00for any credit card order returned for insufficient funds or any
other reason. At any time
during the continuance of this agreement, Stealin’ Home Sports Camps,
LLC shall have the right to sell, assign, transfer and set over this
agreement with all its right, title, and interest therein, to any person,
firm, or corporation, or any other business entity, without the members
consent and the assignee thereof shall acquire all the rights granted to
Stealin’ Home Sports Camps, LLC and shall be subject to any obligations
that Stealin’ Home Sports Camps, LLC may have under this agreement.
I understand that I must be 18 years or older to view the contents
herein and/or must be accompanied by an adult
while viewing the contents herein.
Stealin’ Home Sports Camps, LLC will not be responsible for any
deviation by anyone or party of the any terms/conditions aforementioned.
____ I agree to the terms and
conditions presented above.
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