The named student, including participants in single events such as, but not limited to birthday parties and class orientation (“Student”) or parent or legal guardian (“Guardian”), if Student is a minor, (the term “Purchaser” as used herein shall mean Student or Guardian when the context so requires) agrees to receive and to participate in martial arts and associated activities, such as, but not limited to NinjaTrix, with GREAT FALLS TANG SOO DO LLC (“Great Falls Tang Soo Do”). Great Falls Tang Soo Do agrees to teach martial arts and associated activities.
- Purchaser agrees (and if applicable, Guardian agrees to require Student) to follow the rules and regulations of Great Falls Tang Soo Do. Students and Guardians are encouraged to bring questions and concerns about rules, regulations, and procedures to the Instructor(s). Questions about this Agreement should be brought to the attention of the Great Falls Tang Soo Do studio owner.
- By signing this waiver and agreement you acknowledge that Great Falls Tang Soo Do has limited, certified instructors and that there will be times when an instructor is not available due to planned and unforeseen circumstances. This will lead to class cancellations that may or may not have a corresponding ‘make-up’ date. By signing this waiver and agreement you acknowledge and agree that tuition payment guarantees a student’s place in their corresponding, age and rank appropriate class, as judged by their instructor. Tuition payment does not guarantee a specific amount of classes per month. Great Falls Tang Soo Do LLC will make a good faith effort to make-up cancelled classes related to instructor illness, weather cancellations, and other unforeseen events. Class cancellations due to instructor vacations may or may not be made-up, and at home assignments may or may not be provided during instructor vacation times.
- Purchaser agrees to make payments for tuition, and any other fees and payments owed, to Great Falls Tang Soo Do in full and on time. Purchaser understands that THERE ARE NO REFUNDS and that tuition/membership is paid no later than the 5th of each month that tuition/membership is due. If Purchaser foresees issues with making any payments in full and/or on time, purchaser will speak to the Great Falls Tang Soo Do studio owner to determine if alternative payment arrangements can be made.
- CANCELLATION POLICY: Purchaser agrees to give at least 30 days notice of membership cancellation in writing or by email to email@example.com. If at least 30 day notice is not given, purchaser agrees to pay membership fee until the above described notice is received, in writing or by email to firstname.lastname@example.org, by Great Falls Tang Soo Do.
- Purchaser understands that while the goal of the student may be the attainment of Black Belt rank, attainment of such rank must be accomplished in accordance with the Student’s adherence to the standards established by the WORLD TANG SOO DO ASSOCIATION (“WTSDA”) and Great Falls Tang Soo Do’s instructor(s). Purchaser understands that attainment and maintenance of Black Belt rank depends in part, on the Student’s contributions to the martial arts.
- Instructor assignment, class schedules, studio hours of operation, services, regulations, and policies are made, and are subject to change, without prior notice to the Student or Purchaser, at the sole discretion of Great Falls Tang Soo Do.
- This Agreement contains the entire agreement with respect to the matters set forth herein. No other agreements, warranties or promises, expressed or implied, are contained within the terms and conditions of this Agreement.
I have read and understand the above Enrollment Section
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (Read Carefully Before Signing)
I/WE HEREBY WAIVE AND RELEASE GREAT FALLS TANG SOO DO LLC FROM LIABILITY PERTAINING TO THE MATTERS SET FORTH BELOW. I/We understand that by signing this Release and Waiver of Liability and Indemnity Agreement, I/We expressly and willingly agree to assume complete responsibility for any risk of injury and/or death that may arise from participation in martial arts activities and associated activities, such as but not limited to the NinjaTrix program.
I, the participant, including minor participants, do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from participating in the abovementioned activities, and, if required, will obtain a medical examination and clearance before participating in the abovementioned activities.
In consideration of being permitted to participate in any way in the martial arts activities and associated activities indicated in this Release and Waiver of Liability and Indemnity Agreement and/or being permitted to enter for any purpose any area of the facility used by Great Falls Tang Soo Doo LLC including, but not limited to, the restroom, front and back area, training area, outdoor spaces such as, but not limited to the parking lot and sidewalk, the participant, and/or the parent(s) and/or legal guardian(s) of the minor participant named below agree to the following:
EQUIPMENT AND FACILITY INSPECTION
1. Prior to participating in the martial arts activity or event, the participant should inspect, or the parent(s) and/or legal guardian(s) will instruct the minor participant that he or she should inspect, the facilities (indoors and outdoors), and equipment to be used, and if the participant believes anything is unsafe, the participant will immediately advise the officials of such condition and refuse to participate.
I UNDERSTAND AND AGREE THAT, IF AT ANY TIME, I FEEL ANYTHING TO BE UNSAFE; I WILL IMMEDIATELY TAKE ALL PRECAUTIONS TO AVOID THE UNSAFE AREA AND REFUSE TO PARTICIPATE FURTHER.
ASSUMPTION OF RISK
2. I/We fully understand and acknowledge that:
THERE ARE INHERENT RISKS AND DANGERS ASSOCIATED WITH PARTICIPATION IN MARTIAL ARTS EVENTS AND ACTIVITIES, INCLUDING THE NINJA TRIX PROGRAM AND ASSOCIATED EQUIPMENT, WHICH COULD RESULT IN BODILY INJURY, PARTIAL AND/OR TOTAL DISABILITY, PARALYSIS, AND DEATH.
Martial arts activities and associated activities can range from, but are not limited to:
- Slow, controlled movements and vigorous, sustained movements.
- Warm-ups and performing basic and advanced techniques.
- Using the facility and its equipment to practice and engage in sparring, and weapons practice.
Possible consequences of the inherent risks of martial arts activities and associated activities include, but are not limited to:
- Minor injuries such as, scrapes, bruises, sprains, and strains.
- Serious injuries such as, broken bones and concussions.
- Catastrophic injuries such as, partial and/or total disability and death.
Coronavirus (COVID-19) and Other Communicable Diseases
- The Centers for Disease Control and Prevention recommend we all take steps to protect ourselves and others. When participating in martial arts you acknowledge you are responsible for safeguarding yourself and the others in the studio.
- Great Falls Tang Soo Do LLC cannot 100% monitor social distancing while participating in martial arts training. Student participation in class means accepting the risk of proximity to other students, staff, and spectators in the studio.
The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named in this Waiver.
There may be other risks not known to us or are not reasonably foreseeable at this time.
I/WE KNOW, UNDERSTAND, AND APPRECIATE THE INHERENT RISKS OF MARTIAL ARTS ACTIVITIES AND ASSOCITATED ACTIVITIES. I/WE ACCEPT, ASSUME, AND UNDERSTAND SUCH RISKS AND RESPONSIBILITY for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named in this Waiver.
WAIVER OF NEGLIGENCE
3. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE MARTIAL ARTS FACILITY, GREAT FALLS TANG SOO DO LLC, or any person associated with Great Falls Tang Soo Do or Ninja Trix, which may be used by the participant during present or future participation, including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or activities, premises and event inspectors, underwriters, licensors, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee,” from all liability to the undersigned, my/our personal representatives, assigns, spouse, administrators, executors, heirs and next to kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused, alleged to be caused, in whole or in part, by the ordinary negligence of the Releasee or otherwise.
4. I/We hold harmless and agree to indemnify Great Falls Tang Soo Do LLC, its officers, directors, faculty, staff, volunteers, employees, and agents, from and against any present or future claim, cause of action, loss, liability, damage or costs (including reasonable counsel fees, arising out of any breach of this agreement) that may incur due to participation in martial arts activities and associated activities, whether caused by the negligence of any or all of the Releasees, or otherwise.
5. Each of the undersigned expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.
6. Each of the undersigned expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State in which the martial arts activities and associated activities are conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
CHOICE OF LAW; VENUE
7. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by the laws of Montana, without giving effect to any conflict of law provisions thereof that would result in the application of the laws of a different jurisdiction. Either party must institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Great Falls, Montana and each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.
PHOTO AND VIDEO RELEASE
8. The Student and/or Purchaser and/or Guardian give permission to Great Falls Tang Soo Do LLC to use and publish photograph(s) and/or video(s) of the Student for educational and/or promotional purposes without compensation. The Purchaser acknowledges that they may be in photographs and/or video(s) even when they are not participating, but are on the premises or at an event during such a time that photographs and/or videos are taken and give permission to Great Falls Tang Soo Do to use and publish photograph(s) and/or video(s) for educational and/or promotional purposes without compensation.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF THE PROVIDER, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AM 18 YEARS OF AGE OR OLDER AND MENTALLY COMPETENT TO ENTER, GRANT THIS WAIVER.
IF PARTICIPANT IS UNDER 18, as parent or guardian of the participant, on behalf of myself and participant, I acknowledge that I have read this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity.