TERMS AND CONDITIONS OF AGREEMENT
1. INVALID PROVISIONS: If any part of this agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
2. ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire agreement between me and Kick It TaeKwonDo Ltd.. No modification of this Agreement will be effective unless made in writing and signed by each of us. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied, or statutory, between us except as specified in this document.
3.I attest that:
I hereby release and agree to hold (Kick It Taekwondo LTD) harmless from any causes of action, claims, demands, damages, costs, expenses and compensation for damage to myself that may be caused by any act, or failure to act, or that may otherwise arise in any way with any services received. I understand that this release discharges the aforementioned from any liability with respect to bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received. This liability waiver and release extends to all owners, partners, and employees.
4. DAMAGE TO FACILITIES: I agree to pay for damage to Kick It TaeKwonDo Ltd. equipment and premises caused by my careless use of equipment or other negligent act
6. NON-WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
7. DEFAULT: If I default on any payment due under this Agreement, Kick It TaeKwonDo Ltd. may declare all or any of the future payments to be made under this Agreement immediately due and payable.
8. RELEASE: Kick It TaeKwonDo Ltd. or any party designated by Kick It TaeKwonDo Ltd. may photograph or film me while I attend the premises of Kick It TaeKwonDo Ltd. and use any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
9. ASSIGNMENT: Kick It TaeKwonDo Ltd. may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Kick It TaeKwonDo Ltd. in this Agreement, then Kick It TaeKwonDo Ltd. will be fully relieved of those obligations upon notice to me of the assignment. I understand that I myself may not assign my membership to another person.
10. CHANGES TO POLICIES, FACILITIES AND PROGRAMS: Kick It TaeKwonDo Ltd. may introduce new facilities or programs from time to time, available to members for an additional fee. Kick It TaeKwonDo Ltd. may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time, provided that no such change may materially affect the services available to me. I understand that facilities may be busier at some times than others on different days of the week.
11. WAIVER: TaeKwonDo arts requires physical exertion and is a contact sport which may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes. I further understand that all exercises and the use of Kick It TaeKwonDo Ltd.’ facilities will be undertaken at my sole risk. I am physically able to undertake any and all physical exercise and am not aware of any injury or disability which would affect my safety in using the facilities. I acknowledge that Kick It TaeKwonDo Ltd. has not recommended, and will not recommend, any medical treatment. I agree that Kick It Tae- KwonDo Ltd., its officers, directors, employees, partners and agents will not be liable for any claims, demands, injuries, damages, actions, or causes of actions whatsoever in respect to me or my property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of Kick It TaeKwonDo Ltd. or the premises where those facilities are located. I expressly release and discharge Kick It TaeKwonDo Ltd., its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or causes of action, notwithstanding any negligence on the part of one or more of them. If I use other facilities operating under the name “Kick It TaeKwonDo Ltd.”, then all terms and conditions of this Agreement, including this paragraph will apply to the use of those other facilities, and for the benefit of the owner of those facilities, its officers, directors, employees and agents, from time to time.
12. INJURIES: I will immediately report any accident or injury suffered in Kick It TaeKwonDo Ltd.’ facilities, in writing, to a staff person, and will provide a written report from my doctor within a reasonable time.
13. RULES AND REGULATIONS OF THE ACADEMY: I will comply with all the rules and regulations of Kick It TaeKwonDo Ltd. and understand that violating the rules and regulations of Kick It TaeKwonDo Ltd. can result in my dismissal.
14. ADDITIONAL TESTING FEES: I hereby understand and agree to pay all required testing fees as appointed by Kick It AMA, $50.00 per graduation.
15. ADDITIONAL FINANCIAL INFORMATION: I hereby agree that if Kick It TaeKwonDo Ltd. is unable to process my payment from the designated account provided by me, Kick It TaeKwonDo Ltd. is permitted to use the other account information provided, to replace the payments in arrears and service charges as explained on section 9 of this agreement.
17. SCHEDULE CHANGES: Kick It TaeKwonDo Ltd. may make reasonable changes to the days and hours of the classes or its facilities from time to time.
18. ATTENDANCE: I understand that failure to attend the classes does not relieve me of the obligation to pay the full tuition for the term contract in which I am currently enrolled in.
19. PAYMENT INFORMATION: I will give Kick It TaeKwonDo Ltd. at least 30-days written notice of any changes in payment information to allow sufficient time for processing. I understand that failure to give the required notice may result in service charges to me for rejected unpaid items.
20. TEMPORARY CLOSURE: Kick It TaeKwonDo Ltd. may temporarily close the facilities:
A. Kick It TaeKwonDo Ltd. will reserve the right to close some or all its facilities during its summer and winter break. The total of the days closed shall not exceed 24 business days.
B. To repair damage caused by fire or other causes, or for renovations. In such events Kick It TaeKwonDo Ltd. may, at its discretion, either provide me with access to another facility within 30 km of the closed location, or extend the term of my membership by the length of the closure.
21. PERMANENT CLOSURE: Kick It TaeKwonDo Ltd. may permanently close the facilities, and may, at its discretion, provide me with membership at another facility within 30 km for the closed location.
22. EARLY TERMINATION BY Kick It TaeKwonDo Ltd.: Kick It TaeKwonDo Ltd. may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Kick It TaeKwonDo Ltd. from time to time.
23. TERMINATION BY MEMBER: A. Month to Month membership may be terminated at any time with at least 30 days written notice prior to the date of the intended termination.
B. Term Membership may be terminated on the anniversary date specified on the front of this Agreement with 30 days written notice. If this membership is not so terminated, the term membership continues on a month to month membership for the convenience of the Member with the termination provision in the preceding paragraph. An early Termination Fee of $250.00 will be charged to cancel an agreement, outside of moving or injury.
C. Any membership may be terminated by my written notice of cancellation and the reason for cancellation, at any time if there has been a material change in my circumstances or the circumstances of Kick It TaeKwonDo Ltd., as defined in the Business Practices and Consumer Protection Act.
D. Any Notice of Cancellation may be given by any method that permits a person to prove evidence of cancellation on a specific date, including registered mail, electronic mail, facsimile or personal delivery with a receipt from the Kick It TaeKwonDo Ltd.. Paid in Full memberships are not refundable under any circumstances.
25. NOTICE: All notices, requests, demands, directions and other communications provided for in this Agreement shall be deemed to have been given, delivered or made if they are in writing and either delivered or sent by registered mail, fax or electronic mail to the applicable party at their address shown in this Agreement, or at such other address as a party may notify another in accordance with this provision. (all rights reserved)