Fixed-term program
The standard KNCT program: an agreed number of months at an agreed monthly rate, paid in monthly installments. This is the agreement most athletes sign.
KNCT ATHLETICS LLC
PARTICIPATION, LIABILITY, PAYMENT & PROGRAM AGREEMENT
LEGALLY BINDING CONTRACT
TOTAL INITIAL PROGRAM PRICE / PAYMENT OBLIGATION: $[your program total]
INITIAL PROGRAM TERM: [YOUR TERM] MONTHS
PAYMENT PLAN: [YOUR TERM] MONTHLY INSTALLMENTS OF $[your monthly rate]
This Participation, Liability, Payment & Program Agreement (“Agreement”) is entered into between KNCT Athletics LLC, an Arizona limited liability company (“KNCT”), the participating athlete (“Athlete”), and, where applicable, the individual accepting financial responsibility for the Athlete (“Responsible Party”).
If the Athlete is under eighteen (18) years of age, a parent or legal guardian must sign this Agreement and shall also serve as the Responsible Party unless another adult Responsible Party is separately approved by KNCT.
If the Athlete is eighteen (18) years of age or older but another individual is providing payment information or assuming financial responsibility, that individual must also sign this Agreement as the Responsible Party.
By signing this Agreement, the Athlete and Responsible Party acknowledge that they have read, understand, and agree to the terms below.
SECTION I — PARTICIPATION, ASSUMPTION OF RISK & LIABILITY WAIVER
1. Acknowledgment of Inherent Risks
The Athlete understands that participation in KNCT Athletics programs involves strenuous physical activity, including but not limited to:
- Throwing and velocity development;
- High-intent throwing;
- Weighted-ball or implement-based throwing;
- Strength and power training;
- Mobility and movement preparation;
- Sprinting;
- Plyometrics;
- On-field training;
- Facility-based training;
- Remote training;
- Unsupervised training;
- Training performed on the basis of guidance delivered through the KNCT application, including automated and AI-generated guidance; and
- Other baseball performance and athletic development activities.
These activities involve inherent and foreseeable risks, including but not limited to muscle strains, ligament or tendon injuries, joint injuries, bone injuries, overuse injuries, soreness, fatigue, heat-related illness, equipment-related injuries, falls, accidents, aggravation of existing physical conditions, and other bodily injury.
The Athlete understands that injuries may occur even when appropriate coaching, programming, supervision, and safety precautions are used.
The Athlete voluntarily assumes the inherent risks associated with participation in KNCT programs.
2. Voluntary Participation & Physical Readiness
The Athlete represents that participation is voluntary and that the Athlete is physically capable of participating in the activities undertaken through KNCT.
The Athlete understands that it is the Athlete’s responsibility to consult an appropriate physician or other licensed health-care provider regarding readiness to participate where necessary.
The Athlete agrees to disclose known injuries, medical restrictions, physical limitations, or other conditions that may materially affect participation.
KNCT is not a medical provider and does not diagnose or treat medical conditions.
3. Throwing- and Velocity-Specific Risk Acknowledgment
The Athlete specifically acknowledges that throwing, high-intent throwing, velocity development, weighted-ball training, and baseball-specific performance training can place substantial stress on the arm, elbow, shoulder, spine, connective tissues, and other structures of the body.
KNCT utilizes coaching and training methodologies intended to improve athletic performance but cannot guarantee prevention of injury.
The Athlete understands and accepts that soreness, fatigue, temporary performance changes, and injury may occur during the natural course of training.
The Athlete further acknowledges that some training information is delivered through automated and artificial-intelligence features of the KNCT application, that such information is general and may be incorrect, and that the Athlete remains responsible for exercising independent judgment about the volume and intensity of throwing the Athlete performs.
4. Release, Waiver & Discharge of Liability
To the fullest extent permitted by applicable law, the Athlete and Responsible Party release, waive, and discharge KNCT Athletics LLC and its owners, officers, employees, coaches, independent contractors, affiliates, agents, representatives, successors, and assigns from claims arising from the ordinary and inherent risks associated with participation in KNCT programs, use of training facilities or equipment, participation in remote or unsupervised training, and the Athlete's use of or reliance upon the KNCT application and any guidance, program, schedule, or recommendation generated or delivered through it, including automated and AI-generated guidance.
This release is intended to include claims arising from ordinary negligence to the fullest extent such claims may legally be released or waived.
Nothing in this Agreement is intended to release or waive liability that cannot lawfully be released or waived under applicable law.
This release is binding upon the Athlete and, to the extent permitted by law, the Athlete’s heirs, representatives, executors, administrators, successors, and assigns.
5. Indemnification & Hold Harmless
To the fullest extent permitted by law, the Athlete and Responsible Party agree to indemnify and hold harmless KNCT Athletics LLC from third-party claims, losses, damages, costs, or expenses arising from the Athlete’s intentional misconduct, negligence, violation of facility rules, unauthorized use of equipment, or other actions for which the Athlete is legally responsible.
6. Medical Consent & Financial Responsibility
In the event of an injury or emergency in which the Athlete is unable to provide consent and immediate action reasonably appears necessary, the Athlete and/or Guardian authorizes KNCT personnel to seek appropriate emergency medical assistance.
KNCT does not provide medical insurance for the Athlete.
The Athlete and/or Responsible Party accepts financial responsibility for medical expenses resulting from medical treatment provided to the Athlete unless otherwise required by applicable law.
7. Media, Data & Likeness Release
Unless the Athlete and/or Guardian separately notifies KNCT in writing that consent is withheld, the Athlete grants KNCT permission to photograph, film, record, or otherwise capture the Athlete’s participation, training, movement, performance, and related activities.
The Athlete grants KNCT permission to use such material for educational, coaching, promotional, marketing, internal training, research, or business purposes.
KNCT may also use anonymized or de-identified performance and training data for educational, coaching, research, or analytical purposes.
KNCT will not intentionally publicly disclose personally identifiable medical information without appropriate authorization.
8. Remote & Unsupervised Training
For remote, virtual, home-based, or otherwise unsupervised training, the Athlete is responsible for selecting an appropriate training environment and ensuring that equipment, surfaces, throwing areas, surroundings, and other conditions are reasonably safe.
The Athlete agrees not to perform an activity that the Athlete reasonably believes cannot be performed safely in the available environment.
To the fullest extent permitted by law, KNCT is not responsible for unsafe facilities, equipment, surfaces, environments, or conditions outside KNCT’s possession or control.
9. Automated and AI-Generated Guidance
The KNCT application includes automated features, including an in-app assistant that generates written responses using artificial intelligence. The Athlete understands and agrees to the following.
The assistant produces general training information drawn from KNCT’s methodology. It is not individualized professional, medical, diagnostic, rehabilitative, or nutritional advice, it is not delivered by a licensed health-care provider, and it does not create a provider-patient relationship of any kind.
Automatically generated responses may be inaccurate, incomplete, out of date, or unsuitable for the Athlete’s particular circumstances, injuries, or medical history, and may not reflect information the Athlete has not provided.
The Athlete’s training program is the program assigned and approved by the Athlete’s KNCT coach. Where anything generated by the assistant differs from that program, from a direct instruction of the coach, or from the guidance of a physician or other licensed health-care provider, the program, the coach, and the health-care provider control, and the Athlete agrees to follow them rather than the assistant.
The Athlete agrees not to rely on the assistant to diagnose or treat any condition, to decide whether an injury or symptom requires care, to determine whether it is safe to train, or to increase throwing volume, intensity, or workload beyond the assigned program.
The Athlete agrees to stop the activity and seek appropriate medical attention if the Athlete experiences pain, injury, or symptoms of injury, regardless of anything the assistant has said, and to report it to the Athlete’s coach.
The Athlete acknowledges that the assistant is provided as a convenience, that KNCT makes no warranty as to the accuracy or suitability of anything it generates, and that the release, waiver, and indemnification in Sections I.4 and I.5 apply to claims arising from automated or AI-generated content to the fullest extent permitted by applicable law.
Nothing in this Section limits any liability that cannot lawfully be limited, or applies to conduct for which a release is not permitted under applicable law.
SECTION II — PROGRAM COMMITMENT & FINANCIAL AGREEMENT
1. Fixed [N]-Month Program Purchase
The Athlete is purchasing a fixed [your term] month KNCT Athletics training program (“Initial Program Term”).
The Initial Program Term is one program purchased for a total contract price of:
TOTAL PROGRAM PRICE: $[your program total]
For the Athlete’s convenience, KNCT permits the Total Program Price to be paid through:
[your term] monthly installments of $[your monthly rate] each.
Each installment (and any other charge under this Agreement) carries a card-processing fee equal to 2.9% of the total amount charged, rounded to the nearest cent, plus thirty cents (30¢), added to the amount charged and shown at checkout. The total amount charged is the amount due plus 30¢, divided by 0.971 and rounded to the nearest cent. The processing fee is a payment-handling cost and is not part of the Total Program Price.
The Athlete and Responsible Party expressly acknowledge that:
The Initial Program Term is a [N]-month contractual commitment.
The Athlete is purchasing a [N]-month program with a Total Program Price of $[your program total].
The $[your monthly rate] monthly payment is an installment toward the Total Program Price.
The Initial Program Term is not a cancel-anytime or month-to-month membership.
Paying in monthly installments does not create [N] separate one-month contracts.
The Athlete’s obligation during the Initial Program Term is based upon enrollment in the overall [N]-month program and not solely upon the amount of services used during any particular month.
2. Payment Authorization
The Responsible Party expressly authorizes KNCT Athletics LLC and its designated payment processor to securely maintain the payment method voluntarily provided and to process amounts properly due under this Agreement.
This authorization includes:
- The [N] scheduled monthly installments of $[your monthly rate], each together with the card-processing fee described above added to the charge;
- Reattempts of failed or declined transactions as permitted by applicable law and payment-network rules;
- Amounts expressly authorized elsewhere in this Agreement, including the Early Discontinuation Amount described below; and
- Other amounts properly due under this Agreement and expressly authorized for electronic payment.
The Responsible Party represents that they are authorized to use each payment method provided to KNCT.
3. Initial Program Term — No Month-to-Month Cancellation
During the Initial Program Term, enrollment is not month-to-month.
The Athlete’s decision to stop training, stop communicating, stop submitting videos, stop using programming, stop accessing KNCT resources, or otherwise stop participating does not automatically terminate the Initial Program Term or eliminate amounts properly owed under this Agreement.
Failure to participate does not, by itself:
- Cancel this Agreement;
- Reduce the Total Program Price;
- Pause scheduled installment payments;
- Shorten the Initial Program Term; or
- Constitute notice of cancellation.
Any cancellation, suspension, or termination right required by applicable law remains controlling.
4. Early Discontinuation During Initial Program Term
The Athlete may elect to discontinue KNCT coaching services before completing the Initial Program Term.
If the Athlete affirmatively requests that KNCT terminate or discontinue the Athlete’s services before completion of the Initial Program Term, and the discontinuation is not based upon a cancellation right required by applicable law or an exception expressly approved by KNCT in writing, the remaining unpaid balance of the Initial Program Term shall become immediately due and payable as an Early Discontinuation Amount.
The Early Discontinuation Amount equals the unpaid remaining installments of the original Total Program Price.
The Early Discontinuation Amount is not an additional charge on top of the $[your program total] Total Program Price. Rather, it accelerates the unpaid portion of the original Total Program Price following the Athlete’s voluntary early discontinuation.
Example:
If [half your term] $[your monthly rate] installments have been paid when the Athlete voluntarily discontinues:
Total Program Price: $[your program total] · Amount Paid: $[installments paid so far] · Remaining Program Balance / Early Discontinuation Amount: $[the remaining balance]
Except for separately permitted late fees, interest, chargeback costs, collection expenses, or other legally recoverable amounts, the Athlete will not be charged more than the original $[your program total] Total Program Price as a result of voluntary early discontinuation.
5. Authorization to Charge Early Discontinuation Amount
The Athlete and Responsible Party expressly agree that voluntary early discontinuation during the Initial Program Term triggers the Early Discontinuation Amount described above.
The Responsible Party expressly authorizes KNCT and its payment processor to process the Early Discontinuation Amount against the valid payment method maintained on file.
KNCT may process the Early Discontinuation Amount as a single transaction representing the remaining unpaid Initial Program Term balance.
This authorization is a material condition of KNCT permitting the Athlete to pay the Total Program Price through monthly installments instead of requiring the Total Program Price to be paid in full at enrollment.
If KNCT is unable to successfully process the Early Discontinuation Amount, the underlying amount remains due and payable and may be invoiced or pursued through lawful collection remedies.
6. Basis for Early Discontinuation Amount
The Athlete and Responsible Party acknowledge that accepting an Athlete into a [N]-month KNCT program requires KNCT to make business and operational commitments based upon the Athlete’s enrollment.
These may include:
- Reserving coaching capacity;
- Coach assignment and staffing decisions;
- Athlete onboarding;
- Assessment and evaluation;
- Program development;
- Individualized training design;
- Technology and administrative resources;
- Communication and support resources; and
- Limiting KNCT’s ability to allocate the reserved coaching capacity to another athlete.
The parties acknowledge that the financial impact of an Athlete terminating a fixed-term coaching engagement before completion may be difficult to determine precisely at the time this Agreement is entered.
Accordingly, the Early Discontinuation Amount is intended to represent the parties’ agreed allocation of the financial consequences of voluntary early discontinuation and not a punishment or penalty.
Nothing in this section overrides a cancellation right or remedy that cannot legally be waived.
7. Requirement to Maintain Valid Payment Method
As a condition of participating in KNCT’s installment payment arrangement, the Responsible Party agrees to maintain at least one valid, current, and chargeable payment method on file throughout the Initial Program Term.
The Responsible Party agrees not to remove all payment methods from the account without simultaneously providing a valid replacement payment method.
If the payment method on file:
- Expires;
- Is replaced;
- Is closed;
- Becomes invalid;
- Is declined;
- Is lost or stolen;
- Becomes unavailable for processing; or
Otherwise cannot be charged,
the Responsible Party agrees to promptly provide KNCT with a valid replacement payment method.
Expiration, replacement, cancellation, removal, blocking, or failure of a particular payment method does not by itself cancel this Agreement or extinguish an underlying contractual amount otherwise properly owed.
Failure to maintain a valid payment method during the Initial Program Term constitutes a breach of the payment obligations contained in this Agreement.
Nothing in this section is intended to eliminate a payment or banking right that cannot legally be waived.
8. Personal Financial Responsibility of Responsible Party
The Responsible Party personally accepts responsibility for all payment obligations arising under this Agreement.
If the Responsible Party is different from the Athlete, the Responsible Party’s obligation to pay is not dependent upon the Athlete personally making the payments.
A parent, guardian, spouse, family member, or other individual who signs as Responsible Party and provides payment authorization agrees to be personally responsible for amounts properly due under this Agreement.
If the Athlete is a minor, the minor Athlete’s inability to independently enter a financial contract does not eliminate the separate financial commitment expressly undertaken by the adult Responsible Party signing this Agreement.
9. Medical Issues, Extraordinary Circumstances & KNCT Discretion
KNCT may, in its discretion, approve a temporary pause, modification, credit, or other accommodation for documented medical conditions, injuries, extraordinary circumstances, or other situations KNCT believes warrant an exception.
Unless KNCT agrees otherwise in writing, an approved pause extends the Program Term rather than eliminating the Athlete’s remaining program commitment.
Any accommodation voluntarily provided by KNCT in one circumstance does not require KNCT to provide the same accommodation in another circumstance.
Mandatory cancellation or suspension rights provided by applicable law are not subject to KNCT’s discretion and shall be honored as required by law.
10. Modifications for Training Changes
The Athlete and KNCT may modify the training program and its Monthly Installment (for example, a change between remote and in-person training) by mutual written agreement, including electronic acceptance recorded through the KNCT app.
Any such modification will state the new Monthly Installment, the revised Total Program Price, and the amounts already paid, and is binding once signed by the Athlete (or Responsible Party, if the Athlete is a minor).
A modification that reduces the Monthly Installment may be applied by KNCT without further signature.
No modification changes the Initial Program Term or its end date unless expressly stated.
All other terms of this Agreement continue in effect.
SECTION III — CONTINUATION AFTER THE INITIAL [N]-MONTH TERM
1. Month-to-Month Continuation
After the Athlete completes the Initial Program Term and all [N] required installments have been paid, the fixed [N]-month commitment is complete.
Unless the Athlete cancels continued services in accordance with this Agreement, KNCT services will thereafter continue on a month-to-month basis.
At the current rate under this Agreement, the month-to-month continuation rate is:
$[your monthly rate] per month.
The Responsible Party authorizes KNCT to continue processing the applicable monthly fee against the payment method on file until the month-to-month continuation is properly canceled.
The Early Discontinuation Amount described in Section II does not apply after successful completion of the Initial Program Term.
2. Cancellation After Completion of Initial Program Term
After the Initial Program Term has been completed, the Athlete may cancel the month-to-month continuation without an Early Discontinuation Amount.
The Athlete is responsible for affirmatively completing the cancellation process.
The primary method of cancellation is through the Athlete’s payment or billing profile using the same platform through which payment information and recurring billing are managed.
Where another cancellation method is required by applicable law, KNCT will also honor cancellation properly submitted using that legally required method.
Cancellation will become effective at the end of the then-current paid billing period unless otherwise required by law.
No prorated refund is provided for a partial billing period except where required by law.
3. Athlete Responsibility for Cancellation
KNCT does not infer cancellation from inactivity.
The following, standing alone, do not constitute cancellation of the month-to-month continuation:
- Failure to train;
- Failure to communicate;
- Failure to submit video;
- Failure to access programming;
- Failure to use coaching services;
- Failure to respond to a KNCT coach;
- A change in baseball participation;
- An expired season;
- Graduation;
- Travel;
- Temporary injury; or
- Simply no longer using KNCT services.
The Athlete remains responsible for affirmatively completing the cancellation process.
An informal expression of intent to stop at some future point does not constitute a completed cancellation unless the Athlete actually completes an authorized cancellation method.
Where applicable law recognizes a particular written notice, email, website cancellation request, or other method as legally sufficient cancellation, KNCT will treat a properly submitted notice using that method as effective.
4. Timing of Month-to-Month Cancellation
To avoid the next scheduled month-to-month charge, cancellation should be completed before the next scheduled billing date.
If a recurring monthly charge has already been properly processed before cancellation becomes effective, that payment is non-refundable except where otherwise required by law or expressly approved by KNCT.
The Athlete may continue using KNCT services through the end of the paid billing period unless KNCT and the Athlete agree otherwise.
5. Future Month-to-Month Rate Changes
KNCT may modify its month-to-month rate after completion of the Initial Program Term.
KNCT will provide advance notice of a rate increase before the increased amount is first charged.
If the Athlete does not wish to continue at the new rate, the Athlete may cancel the month-to-month continuation before the new rate becomes effective.
A rate increase will not retroactively change the $[your program total] Total Program Price applicable to the Initial Program Term.
SECTION IV — PAYMENT DISPUTES, DEFAULT & COLLECTION
1. Payment Disputes & Chargebacks
The Athlete and Responsible Party acknowledge that payments processed in accordance with this Agreement represent amounts arising from an expressly accepted financial obligation.
The Responsible Party agrees not to knowingly misrepresent a transaction that was validly authorized and properly processed under this Agreement as fraudulent or unauthorized for the purpose of avoiding an otherwise valid contractual obligation.
Nothing in this Agreement prohibits the Responsible Party from exercising any legitimate payment-dispute, billing-error, banking, or cardholder right that cannot legally be waived.
Where the Responsible Party believes an error has occurred, the Responsible Party is encouraged to contact KNCT promptly so the matter may be investigated and resolved.
A chargeback, stop-payment request, payment reversal, payment-method removal, card replacement, or unsuccessful payment does not by itself cancel this Agreement or extinguish an underlying contractual balance that is otherwise legally due.
2. Documentation of Payment Authorization
If a payment is disputed, KNCT may provide relevant documentation to its payment processor, acquiring bank, issuing bank, card network, collection agency, attorney, court, arbitrator, or other appropriate party.
Such documentation may include:
- This signed Agreement;
- The Financial Commitment Acknowledgment;
- Electronic-signature records;
- Payment authorization records;
- Invoices;
- Payment history;
- Account records;
- Onboarding records;
- Athlete assessments;
- Training programming;
- Coach communications;
- Emails;
- Text messages;
- Platform access records;
- Training submissions;
- Service-delivery records;
- Early-discontinuation communications; and
- Other evidence reasonably relevant to the payment obligation.
3. Failed Payments
If a scheduled payment is declined, returned, reversed, or otherwise unsuccessful, the Responsible Party remains responsible for the amount due.
KNCT may reattempt the transaction as permitted by law and applicable payment-network rules.
KNCT may notify the Responsible Party and require that payment information be updated.
KNCT may suspend coaching, programming, facility access, communication access, or other services while an account is delinquent.
Suspension for nonpayment does not itself waive amounts that were properly due before or during the payment default.
4. Default
The following may constitute a payment default:
- Failure to pay a scheduled installment when due;
- Failure to pay a valid Early Discontinuation Amount when due;
- Failure to maintain a valid payment method as required during the Initial Program Term;
- Failure to provide replacement payment information after notice that the payment method cannot be processed; or
- Failure to cure an outstanding payment after written notice from KNCT.
KNCT’s decision not to immediately enforce a default does not waive its right to subsequently enforce the Agreement.
5. Interest, Collections & Legal Remedies
Any amount properly due and unpaid may accrue interest at the rate of 1.5% per month (18% annually) or the maximum amount permitted by applicable law, whichever is less.
If an unpaid amount remains unresolved after notice, KNCT may:
- Suspend services;
- Invoice the Responsible Party;
- Refer the account to a collection agency;
- Retain an attorney;
- Pursue available contractual remedies; or
- Pursue lawful judicial or other collection remedies.
To the extent permitted by applicable law, the Responsible Party agrees to reimburse KNCT for reasonable and actually incurred costs of collection, court costs, payment-processing reversal fees, and attorney’s fees resulting from a breach of this Agreement.
SECTION V — COMMUNICATION & PARTICIPATION
1. Athlete Communication
The Athlete agrees to make reasonable efforts to maintain communication with assigned KNCT coaches during active participation.
The Athlete understands that the effectiveness of remote or individualized coaching may depend on the Athlete submitting requested information, video, training feedback, assessment information, or other relevant material.
2. Nonparticipation
Failure to participate or communicate does not automatically:
- Pause the Agreement;
- Reduce the Total Program Price;
- Change an installment due date;
- Constitute cancellation;
- Terminate the Initial Program Term; or
- Cancel month-to-month continuation after the Initial Program Term.
KNCT may reallocate coaching resources or suspend active outreach to an Athlete who becomes unresponsive while preserving KNCT’s rights under this Agreement.
3. KNCT Termination for Safety or Misconduct
KNCT reserves the right to suspend or terminate an Athlete’s participation for conduct that KNCT reasonably determines creates a safety risk, materially disrupts KNCT operations, threatens or harasses KNCT personnel or other athletes, involves fraudulent activity, materially violates this Agreement, or otherwise makes continued service impracticable.
The financial treatment of a KNCT-initiated termination will depend upon the circumstances and applicable law.
If KNCT terminates services solely for its own convenience and not because of Athlete misconduct, breach, safety concerns, or payment default, KNCT will not assess an Early Discontinuation Amount for services KNCT elected not to provide.
SECTION VI — MANDATORY LEGAL CANCELLATION RIGHTS
Nothing in this Agreement limits, eliminates, or waives any consumer cancellation, suspension, refund, payment-dispute, disability, military-service, relocation, or other right that applicable law prohibits the parties from waiving.
Where applicable law provides the Athlete with a mandatory cancellation or suspension right, that legal right controls over any conflicting term in this Agreement.
A cancellation exercised pursuant to a mandatory legal right will be handled in accordance with the financial requirements imposed by the applicable law rather than the voluntary Early Discontinuation provisions of this Agreement.
Arizona Compliance Notice: If KNCT or this Agreement is determined to constitute a “health spa” or “contract for health spa services” subject to A.R.S. §§ 44-1791 through 44-1796, all notices, cancellation rights, refund requirements, cancellation methods, and other protections required by those statutes are incorporated into this Agreement and shall control over any inconsistent provision.
SECTION VII — GENERAL CONTRACT TERMS
1. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of Arizona, without regard to conflict-of-law principles, except where another jurisdiction’s law is required to apply.
2. Venue
To the fullest extent permitted by law, any legal action arising from this Agreement shall be brought in an appropriate state or federal court located in Maricopa County, Arizona.
3. Entire Agreement
This Agreement constitutes the entire agreement between KNCT, the Athlete, and the Responsible Party concerning the matters addressed herein.
It supersedes prior or contemporaneous verbal statements, representations, discussions, or agreements concerning those matters.
4. Modification
No Athlete, Responsible Party, coach, employee, or representative may orally modify the financial terms of this Agreement.
Any material modification must be documented in writing or electronically confirmed by KNCT and the Athlete and/or Responsible Party, as appropriate.
5. No Waiver
KNCT’s decision not to enforce a provision on one occasion does not constitute a permanent waiver of that provision.
A waiver is effective only for the particular matter for which it is given unless KNCT expressly agrees otherwise in writing.
6. Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be interpreted, modified, or severed to the minimum extent necessary, where legally permitted, and the remaining provisions shall remain in effect.
Nothing in this severability provision shall preserve a contractual provision where applicable law requires a different result.
7. Headings
Section headings are included for convenience and do not independently alter the meaning of the contractual provisions.
8. Electronic Records & Signatures
The Athlete and Responsible Party consent to electronic contracting, electronic records, and electronic signatures.
The parties intend an electronic signature, typed signature, checkbox acknowledgment accompanied by appropriate electronic records, or other legally recognized electronic acceptance to have the same binding effect as a handwritten signature to the fullest extent permitted by applicable law.
FINANCIAL COMMITMENT
By signing this Agreement I confirm that I have read and understand each of the following:
I am purchasing a fixed [N]-month KNCT Athletics program with a Total Program Price of $[your program total].
The [N] monthly payments of $[your monthly rate] are installments toward the $[your program total] Total Program Price, and the Initial Program Term is not a cancel-anytime month-to-month membership.
If I voluntarily discontinue KNCT services before completing the Initial Program Term, the remaining unpaid Initial Program Term balance becomes immediately due as the Early Discontinuation Amount, except where otherwise required by applicable law.
I expressly authorize KNCT Athletics LLC and its payment processor to charge the Early Discontinuation Amount to the valid payment method maintained on file, subject to applicable law and payment-network rules.
SIGNATURE & ACKNOWLEDGMENT
By signing below, the Athlete and Responsible Party acknowledge that:
- They have read this Agreement;
- They understand its terms;
- They voluntarily accept the risks associated with participation;
- They understand the Initial Program Term and Total Program Price;
- They understand the installment-payment arrangement;
- They understand the Early Discontinuation provisions;
- They understand the requirement to maintain a valid payment method;
- They understand the month-to-month continuation following completion of the Initial Program Term;
- They understand their responsibility to affirmatively cancel the month-to-month continuation;
- They have had the opportunity to ask questions before signing; and
- Their electronic or handwritten signature is intended to be legally binding.
PROGRAM INFORMATION
Initial Program Term: [N] Months
Monthly Installment: $[your monthly rate]
Total Initial Program Price: $[your program total]
Program Start Date: __________________________
Initial Program End Date: ____________________
Monthly Billing Date: _________________________
ATHLETE
Athlete Name: __________________________________________
Date of Birth: __________________________________________
Signature: _____________________________________________
Date: _________________________________________________
Email: _________________________________________________
Phone: ________________________________________________
PARENT / LEGAL GUARDIAN
Required if Athlete is Under 18
Parent/Guardian Name: __________________________________
Relationship to Athlete: _________________________________
Signature: _____________________________________________
Date: _________________________________________________
Email: _________________________________________________
Phone: ________________________________________________
RESPONSIBLE PARTY
Individual Personally Responsible for Payment
Responsible Party Name: _________________________________
Relationship to Athlete: _________________________________
Billing Email: __________________________________________
Phone: ________________________________________________
I expressly accept personal responsibility for payment obligations arising under this Agreement and authorize KNCT Athletics LLC and its payment processor to process payments as described herein.
Responsible Party Signature: _____________________________
Date: _________________________________________________
ELECTRONIC SIGNATURE CONSENT
By signing electronically, I consent to the use of electronic records and electronic signatures in connection with this Agreement.
I understand that my electronic acceptance is intended to evidence my agreement to the same terms as a handwritten signature.
Name of Person Signing: _________________________________
Signing on Behalf of Athlete: _____________________________
Signature: _____________________________________________
Date: _________________________________________________
Athletes already billed under an earlier agreement keep the standard 2.9% card-processing fee; their signed copy shows that wording.