General Waiver and Release Form
BUYER FITNESS - By signing this agreement, the Buyer represents, warrants and insures that he/she has had an opportunity to observe the program selected prior to signing this Contract and that Buyer (or Member, if a minor) he/she is physically and mentally able to take classes offered by the Seller in that program or any others in which Buyer (or Member, if a minor) may participate.
LIABILITY, WAIVER AND RELEASE - The Buyer understands and acknowledges that strict observation of the Seller's rules and regulations, including the rules and regulations relative to training and the use of protective equipment, is required. The Buyer understands and agrees that the use of the Seller's facilities and the Buyer's (or Member, if a Minor) presence at the Seller's school are at the sole risk of the Buyer (and Member, if a Minor). The Buyer understands and acknowledges that the martial arts involves skills and training which include violent and sudden movements, and that in connection with the training and instruction, there will be physical contact between instructors and Buyers (or Member, if a Minor) and between and among the Buyer (or Member, if a Minor) and other Buyers (or Members, if a Minor). The Buyer understands and acknowledges that such contact may result in personal injury to the Buyer (or Member, if a Minor, despite precautions taken by the Seller to avoid such injuries. Buyer, individually and on behalf of (Member, if a Minor) acknowledges martial arts instruction has the potential for serious injuries including but not limited to knee, head, neck, joint or spinal injuries, and includes cardiovascular exercise which should not be undertaken by individuals with heart defects or high blood pressure. The Buyer, individually on behalf of him/herself, (and Member, if a Minor) and anyone claiming by or through the Buyer (and Member, if a Minor), hereby agrees to hold harmless, release, indemnify and forever discharge Rock Solid Tae Kwon-Do, its officers, directors and employees, instructors, agents and authorized representatives from any liability, claim or loss, including loss of property, damage, personal injury, or expense incurred by the Buyer (and/or Member, if a minor) and arising from the Buyer's execution of this Contract, participation in any program offered by the Seller, including but not limited to, any injury or damage caused by the negligence or gross negligence of the Seller, it's instructors, Buyers, agents, employees, operators, or authorized representatives. The Buyer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her participation of any program offered by the Seller therefore buyer agrees and waives all rights for any legal actions or harm to the buyer.
Classes, Special Events, and Testing
Scheduling, class content, programs and furnishing of facilities and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller with or without notice.
INTERACTIVE FORMAT: Buyer understands that during the course of instruction, Seller instructors, authorized personnel and/or other Buyers will be engaged in a course of conduct requiring physical contact with the Buyer. Buyer (and/or on behalf of Member, if a minor) hereby consents to engage in such contact as may be necessary or required by Buyer's (and/or on behalf of Member, if a minor) participation in the training program and/or classes.
Upon recommendation Buyer (and/or Member, if a minor) students must participate in all special events as the curriculum requires. Buyer (and/or Member, if a minor) must purchase all equipment from Seller according to the curriculum of the Seller & participate in Seller sponsored tournaments and events, there are additional fees to these events (Tournament registration fees, Belt Testing Fees, etc)
In lieu of the primary instructor’s absence, he may provide substitute instructors to teach and supervise classes, practice sessions and events conducted by the Seller.
Upon recommendation by Seller, the Buyer (and/or Member, if a minor)must earn the privilege to test by demonstrating mastery of skill per his/her respective belt level. Students do not determine readiness to test - the master instructor permits each student to test for the next rank upon determination of readiness and demonstration of mastery of skill for student’s respective belt level.
In the event Buyer (and/or Member, if a minor) fails and/or declines to test, or if the member or his/her family member or legal guardian fail to comply with the Master Instructor’s facility rules, regulations, and policies and protocols in regards to class and curriculum, Seller reserves the right to expel, terminate, suspend Buyer (and/or Member, if a minor) in Seller's sole discretion.
Membership Terms, Late Fees, and Cancellation
Late Fees: Late Fees: $25 for every 5 Days. Member/Buyer will be billed every month. In order to cancel membership, 14 day notice must be dated and submitted in writing or emailed to kickit@rocksolidtkd.com. If notice falls short of 14 days, Member will be responsible for the following month's membership fees without refund.
Non-payment: The non-payment of scheduled monthly payments more than 60 days shall constitute default under this contract. In the event of default, the entire amount owed here-under shall become immediately due and payable as liquidated damages and not as a penalty. All payment information provided will be used for full or partial payments due. No refunds on retail, test fees and paid tuition. Students will not be eligible to test. Should students continue to take class without fulfilling outstanding balance due, student will incur drop-in class fee at the rate of $35 per class attended or he/he may be asked to sit the class out.
Cancellation: To cancel this Contract pursuant to any right contained herein the Buyer must notify the seller in writing at least 14 days PRIOR to next billing cycle via email (KickIt@Rocksolidtkd.com) or certified mail to ROCK SOLID TAE KWON DO 818 AVE. B, KATY, TX 77493 so to terminate membership and to end billing cycle. If notice is not submitted by Buyer or received by Seller as directed above, Buyer remains financially responsible for all fees regardless of class absences. NO CREDIT WILL BE ADDED NORE WILL THERE BE REFUNDS FOR MISSED CLASSES. Upon approval (for members paid in full only), refunds shall be paid in 90 days after receipt of notice of cancellation, amounts over $500 shall be paid in 15 monthly installments. Buyer agrees to waive any rights to publish negative/derogatory reviews via online & social media. Should Buyer submit cancellation request less than 14 days prior to next billing cycle, Member remains financially responsible for remaining total contract amount.
This contract is non-transferable and upon termination of this agreement by the seller no refund shall be due. Co signer, any person(s) signing this agreement as a co-signer or co-buyer shall be jointly, severally and individually liable to Dealer and its billing company for the full contract price as if such person signed as the Member.
Acceptance of Terms, Condition, and Facility Rules
Acceptance of the Buyer: The Buyer agrees to fully and completely comply with all the terms and conditions hereof and the Seller's rules and regulations. No refunds on any paid tuition or purchases. Memberships may be put on hold upon request and Seller approval; however, missed times cannot be added or credit.
Buyer's (and/or Member's, if a minor) failure to comply with the Seller's rules and regulations shall be grounds for immediate suspension or termination of the Buyer (and/or Member, if a minor). The suspension or termination of Buyer (and/or Member, if a minor) shall not entitle the Buyer to a refund or credit for any tuition or test fees already paid, or shall act as a cancellation of any unpaid balance due. Upon the suspension and/or termination of the Buyer (and/or Member, if a minor), the entire remaining Contract balance shall be immediately due and payable as liquidated damages and not as a penalty.
The failure or inability of Buyer (and/or Member, if a minor) to use the facilities, classes or services of the Seller for any reason, except as otherwise provided herein shall not relieve or suspend the Buyer's obligation to make all payments required under this Contract. If the Buyer (and/or Member's, if a minor) no longer continues for any given reason and is granted, by the Seller, a cancellation, the Buyer (and/or Member's, if a minor) will be billed at a rate of $35.00 per lesson taken.
Attorneys Fees
The undersigned acknowledges that all accounts are due and payable within 30 days of the invoice date. An interest charge of 1.5% per month will be applied to any unpaid balance after sixty (60) days. In the event this account is in default, customer agrees to pay all costs of collection, including collection agency fees, court costs and attorney fees, whether suit is filed or not. In the event that suit is filed, venue will be same county as business address.
Media
Seller reserves the right to use all photos, videos, and or audios taken of Buyer (and/or Member, if a minor) for promotional, marketing, and any other purposes for the Seller's benefit. Buyer (and/or Member, if a minor) acknowledges that there are additional charges for, retail, equipment, special events, tournaments, change of uniforms and rank promotion examinations which are not included in the price of this contract.
Compliance Laws
This Contract shall be governed by the laws of the State of Texas and venue for any action arising out of this Contract shall be in same county as business address. All rights and obligations of the Seller and Buyer under this Contract are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this Contract conflict with any applicable statute, rule or regulation in effect at the time of execution of this Contract governing transactions of the type contained herein, the Contract shall be deemed revised to conform with such statutes, rules and regulations. The Seller and Buyer shall be bound by the modified Contract and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This Contract constitutes the entire Contract between the parties and supersedes all prior Contracts between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this Contract.
Signatures
This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.
By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.
Rock Solid Martial Arts