RIGHTS OF CANCELLATION: This contract can be canceled by the member at any time. Note: There are no refunds.
RENEWAL: I hereby agree to allow Elite Martial Arts to renew my membership for the term length outlined above upon my membership renewal date. I acknowledge membership fees are subject to change and will provide Elite Martial Arts payment of membership fees as set at my renewal date. All terms and conditions outlined in this contract will remain in effect until such membership is terminated.
PROMOTION: Price changes will apply due to general price increases (with notice of such increases given no less than [*60] days in advance), and when the student changes classes (i) to a new age group; (ii) from fundamentals to intermediate/advanced; and (iii) due to belt promotion.
I hereby apply for membership for myself (or my child) at Elite Martial Arts and I fully understand and agree THAT:
- I (or my child) will abide by the rules and regulations of Elite Martial Arts as issued from time to time and will act at all times so as not to bring Elite Martial Arts into disgrace or disrepute;
- I (or my child) will not attempt to teach any of the aspects of JUDO,BRAZILIAN JIU JITSU or other activities taught at Elite Martial Arts elsewhere except with the express written consent of the Head Instructor;
- pictures of me (or my child) in connection with Elite Martial Arts can be used for publicity and promotion without compensation at any other time;
- I will pay all membership fees when due and in accordance with this agreement and any other regulations set down concerning such fees, and that no credit or refund in any form shall be made should I not attend classes for whatever reason. NSF fee is $25.00 for each returned item;
- Seminars, testing, tournaments, and other events may incur separate fees which not included in the terms of this agreement; and
- This agreement and the attached waiver together constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions
Elite Martial Arts agrees to provide instruction in JUDO, BRAZILIAN JIU JITSU or other activities taught at Elite Martial Arts to the Member during the scheduled instruction hours of Elite Martial Arts. The Member understands that it is his or her responsibility to attend instruction sessions. The Member understands that the entire course fee stated on Page 1 is due and payable according to the terms of this agreement whether or not the Member chooses to attend instructional sessions provided by Elite Martial Arts.
In the event of default in the payment of any installment or fee in accordance with the terms above, or a breach of any of the terms herein contained to be performed by the Member, the balance due under this agreement shall become immediately due and payable.
The Member agrees (including for their child) that rules and regulations governing Elite Martial Arts may be changed from time to time, and agrees to abide by all such rules and regulations as adopted or amended. The hours of operation may be changed at the discretion of Elite Martial Arts. Elite Martial Arts reserves the right to revoke or terminate any membership.
The Member agrees (including for their child) that it is a condition of membership that the attached waiver be signed and delivered, and that any such waiver will continue to apply on any membership renewal.
In this agreement the term “programs” shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Releasees including but not limited to: Judo, Brazilian Jiu Jitsu, Muay Thai, matrial arts, yoga, pilates, weight training, after school programs (including transportation) and all other activities offered from time to time by the Releasees.
DESCRIPTION OF RISKS
In consideration of participation in any programs, Activities or approving or renewing membership to the Academy, I acknowledge that I am aware of, and freely accept the possible risks, dangers and hazards associated with my (or my child) being a participant, including the possible risk of severe or fatal injury to myself or others. These risks include but are not limited to:
- all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc, from executing strenuous and demanding physical techniques, contact with other participants and failure in proper use of equipment either by myself or other participants;
- all manner of injuries resulting in sprains, dislocations, concussion, and broken bones, heart attack/stroke, spinal injury and tendonitis;
- all manner of head, facial, eye and/or dental injuries;
- all manner of medical problems resulting from heat exhaustion, dehydration, asthma, communicable diseases, skin rashes, cramps, chemical poisoning, and lack of fitness or conditioning;
- that my risk of injury increases as I become fatigued;
- all manner of injures and/or death that could result from a physical confrontation whether caused by myself or someone else;
- all manner of injuries and/or death that may result from collision with other participants on foot, bikes, motor vehicles and/or buses;
- all manner of injures and/or death that could result from transportation to or from any program or Activity, whether arranged for hire by the Releasees or otherwise;
- all manner of negligent advise regarding programs
MEDICAL/HEALTH & TRAVEL INSURANCE
- I AM SOLELY RESPONSIBLE to select and purchase adequate medical/health and travel insurance for myself (or my child). No such insurance will be provided by the Releasees. In the event of a medical/health or travel problem, the Releasee accepts no responsibility for any costs associated nor will they pay for any expenses, which may be incurred by participation in the programs or Activities provided by the Releasees.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me participation in the programs and Activities, I(for myself or my child as a participant) agree:
- TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with, or related to, my participating in programs and
Activities, and to adhere to all rules, regulations and instructions of the Academy and the Releasees.
- TO RELEASE THE RELEASEES from any and all liability from any loss, damage, injury or expense that I (or my child as a participant) may suffer, or that my next of kin may suffer as a result of participation in the programs and Activities due to any cause whatsoever, including breach of contract, or breach of any Statutory or Other Duty of Care, including any Duty of Care Owed under the Occupiers’ Liability Act, RSA 1980 C. 0-3, on the part of the Releasees;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES:
- from any and all liability for: (i) any damage to, loss or theft of, any personal property, or (ii) personal injury to, myself (or my child) or any third party resulting from my participation in the programs or Activities;
- from any and all claims, demands, actions and costs which might arise out of my participating in the programs or Activities, even though such claims, demands, actions and costs may have been caused by the negligence of the Releasees.