Mandatory Liability Waiver
Notice of Consumer Rights
You have the right to cancel this contract within 3 business days after receipt of a copy of this contract. Cancellation must be in writing and delivered either in person or by certified or registered mail to the school. You are entitled to a full refund if cancellation is received within 3 business days.
If you become disabled for at least 3 months during the membership terms and that disability is confirmed in writing by a physician, you have a right to an extension and/or termination of the contract.
If the school is closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund, except if the closing is not the fault of the facility, in which case the choice of remedy is the school’s.
This Notice of Consumer Rights is an integral part of the Application and Contract for Membership.
The student understands it is his or her responsibility to purchase protective equipment.
PARTICIPATION AGREEMENT, RELEASE, and INDEMNITY AGREEMENT AND ASSUMPTION OF RISK WAIVER: Students understand that the practice of Martial Arts entails rigorous cardiovascular exercise and strenuous physical activity that involves physical contact and has a serious potential of bodily injury. Student represents that he/she is physically and mentally fit to participate in a course of martial art instruction and will inform the company if his/her physical or mental condition should change. Student represents that to the best of his/her knowledge, he/she does not have a health condition that would make inadvisable for him/her to participate in martial arts activities and related programs. Student is encouraged to consult his/her own physician regarding personal limitations and risks. Student understands and acknowledges that the activity student is about to voluntarily engage in as a participant bears certain known and unanticipated risks which could result in injury, death, illness, or disease, to student or to spectators or other third parties. Student further understands that during the course of martial arts instruction, physical contact between students, instructors, other persons, and inanimate objects will occur and while reasonable precautions to avoid injury are taken – INJURIES DO OCCUR – Injuries like, but limited to, bruises, sprains, damaged/dislocated/broken joints, bones, spine, ranging from minor to permanent/irreparable injury, to death. Student may be exposed to human body fluids, including but not limited to blood, therefore, there may be a substantial risk of exposure to communicable diseases. Additionally, physical contact may be in areas deemed private, intimate, inappropriate, embarrassing or sexual. Student understands that the company’s martial arts instruction is based principally on theory, that neither the owner, nor the instructors have practice “street fighting” experience and that actual “street fight” situations have unique variables that are unforeseeable which may make the training ineffective. Student (on behalf of student, student’s heirs, assigns, personal representative and estate), in consideration of the services rendered by the company or its agents, hereby indemnifies, releases and discharges the company( including its affiliates, employees, agents, representatives, successors, officers, directors, and assigns) from liability for injuries, boss, disease, or embarrassment associated with his/her martial arts instruction including injuries to or complaint from third parties caused by student, and for lost, damaged, or stolen articles. Student bears full responsibility for all of these risks and thereby holds the company and its agents, and employees harmless and waives any rights for loss, claims for injury, disease, sexual harassment, demands, obligations, actions, rights, damages, costs, losses, or services and expenses in compensation of any nature whatsoever. Whether based upon tort, contract, or theory of recovery, now known or unknown, because of the student’s association with the company. Student releases the company from any claim that the company is or may be negligent in connection with student’s martial arts experience, training, or ability, including but not limited to, training or instruction in martial arts and maintenance of company facilities. If the student is a minor, we/I the parent or guardian hereby give permission for the student to be driven to events and functions by company personnel and/or other persons who have agreed to drive to such events or functions and this release shall also apply to all injuries or claims arising out of or related to such activities. Student agrees not to teach the atrial arts taught by the company within 10 miles of any company facility for a period of two years following completion of training at the company. Student understands that no employee of the company is authorized to enter into a separate agreement with the student or people introduced to the employee by the student.
PHOTO, VIDEO, AUDIO AND WRITTEN RELEASE: The buyer agrees that the seller may take photographs and may take video and audio material of buyer, reprint written material of students, parents and guardians, about classes and/or school activity, that these materials may be used for display, promotions, and/or advertising, or sold for profit, and the buyer hereby waives any compensation or liability to which they may otherwise be entitled for appearing in such material. The school is active on Facebook and most social networks.
Student has read this release and waivers of liability assumption of risk and indemnity agreement, fully understands its terms, understands that student has given up substantial rights by signing it, signs and agrees to it freely and voluntarily without any inducement, assurance, or guarantee being made to student. Student’s signature below is a complete and unconditional release of company from all liability to the fullest extent allowed by law.
*****Participant and/or Guardian Assumes All Risk******