PROGRAM & POLICY AGREEMENT AND RELEASE, CONSENT AND WAIVER OF LIABILITY
By agreeing to his release, consent and waiver you (buyer) certify that you are at least 18 years of age as the participant or you are the parent/guardian of a minor participant under 18 years of age.
I, being 18 or older, or the legal guardian of the above named person who is under 18, as a participant in Master Athletics, Inc. DBA Allstar Martial Arts Academy AND/OR Allstar Martial Arts Academy, Inc. DBA Allstar Martial Arts Academy's program activities (“Program”), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Program, Master Athletics, Inc. DBA Allstar Martial Arts Academy AND/OR Allstar Martial Arts Academy, Inc. DBA Allstar Martial Arts Academy, and their respective employees, agents, representatives and volunteers (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me and/or my child, or to any property belonging to me and/or my child, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while participating in the Program, or while in, on or upon the premises where the Program is being conducted, which includes on location and off location as well as online activities. Program Activities may include, but are not limited to the following: • MARTIAL ARTS TRAINING • PARENT'S NIGHT OUT EVENTS • COMPETITIONS - BOTH ON LOCATION AND OFF LOCATION AND ONLINE, IN STATE AND OUT OF STATE • BIRTHDAY PARTY EVENTS • SUMMER CAMP EVENTS • SELF DEFENSE EVENTS • KICKBOXING EVENTS
INDEMNIFICATION AND ACKNOWLEDGMENT OF RISK
I am fully aware of the risks and potential hazards connected with participating in the Program on location, off location, and/or online, including but not limited to, the risk of loss of personal property from theft, injuries associated with MARTIAL ARTS TRAINING, and other injuries that may not be foreseeable and I hereby elect to voluntarily participate or to have my minor child participate in the Program, and engage in such activity knowing that the activity may be hazardous to me and/or my child and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, that may be sustained by me and/or my child, or any loss or damage to property owned by me and/or my child, because of me and/or my child being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
ACKNOWLEDGEMENT OF GOOD PHYSICAL CONDITION
I further acknowledge that I and/or my child is in good physical condition and I do not know of any medical or physical condition or other reason that I and/or my child should not participate in the Program or which could interfere with my and/or my child’s safety in such Program, or else I am willing to assume—and bear the cost of— all risks that may be created, directly or indirectly, by any such condition. My and/or my child’s participation in any Program activity is purely voluntary, and I elect to have myself and/or my child participate despite the risks and known or unknown dangers associated with Program activities.
CONSENT TO MEDICAL TREATMENT
During the Program, I hereby give permission for the Program staff to administer appropriate medical attention to myself and/or my child in the event of any accident, illness, or injury, including non-prescription medications or any medications my child brings to class, camp or other events in original containers with dosage instructions that is provided to Program staff. In the event of an emergency, 911 will be called and I will be responsible for all costs of medical coverage and treatment provided not covered by my and/or my child’s insurance.
CONSENT TO PHOTOGRAPHY
I further hereby authorize the Program to photograph and/or video record myself and/or my child during the Program, on location, off location, and/or online, and use or distribute any picture or video related to Program activities that I and/or my child is depicted in. I also authorize use of these materials for publication in a brochure, on websites, or other promotional material and social media. They may also be distributed to other Program participants, including but not limited to a Program group picture of all participants.
APPROPRIATE CONDUCT AND NO GUARANTEE OF RANK
The Program reserves the right to cancel any membership/trial/intro/event participation without refund for any reason, including but not limited to misconduct, rude/inappropriate behavior, disrespect, etc. from the student and/or parent, guardian or family member. I understand that there is no guarantee of any rank whatsoever.
ALTERNATIVE TRAINING METHODS
The Program reserves the right to provide alternative training methods, in lieu of in-studio training, including but not limited to online distance learning, live-streamed classes and recordings. If you participate in any alternative training methods, ensure you have a safe space around you. If you participate in alternative training methods such as online, live-streamed classes and/or recordings you and your student acknowledge hazards and this waiver of liability applies to these alternative training methods.
RELEASE AND WAIVER OF LIABILITY
I HEREBY EXPRESSLY RECOGNIZE AND ASSUME ALL RISKS ASSOCIATED WITH MY AND/OR MY CHILD’S PARTICIPATION IN THE PROGRAM (ON LOCATION, OFF LOCATION, AND/OR ONLINE) AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS THE RELEASEES. I AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorneys’ fees, that may incur due to my and/or my child’s participation in the Program WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. It is my express intent that this Participant Release, Consent and Waiver of Liability shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Participant Release, Consent and Waiver of Liability shall be construed in accordance with the laws of the State of Florida. IN AGREEING TO THIS PARTICIPANT RELEASE, CONSENT AND WAIVER OF LIABILITY, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, understand it and agree voluntarily as my own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent and/or I am the parent or guardian of the child participant, and I agree to this Participant Release, Consent and Waiver of Liability for full, adequate and complete consideration, fully intending to be bound by same. I agree to all terms and conditions on today's date and understand that my agreement remains in effect in perpetuity.
By voluntarily checking the box “I agree to the above Waiver & Agreement”, I warrant that I have read the entire agreement and all of the forgoing: IN FULLY RECOGNIZING THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM PARTICIPATING IN THE PROGRAM, ON LOCATION, OFF LOACTION, AND/OR ONLINE, I WILL HAVE NO RIGHT TO MAKE A CLAIM AND FILE A LAWSUIT AGAINST ALLSTAR MARTIAL ARTS ACADEMY, INC. DBA ALLSTAR MARTIAL ARTS ACADEMY, ITS OFFICERS, AGENTS, LICENSED AFFILIATES, OR EMPLOYEES EVEN IF THEY OR ANY OF THEM NEGLIGENTLY CAUSED THE BODILY HURT OR PROPERTY DAMAGE and further agree that no oral representations, statements, or inducements, apart from the foregoing written agreement have been made. THE NAMED PARTICIPANT AND/OR THEIR LEGAL GUARDIAN authorizes Allstar Martial Arts Academy, Inc. DBA Allstar Martial Arts Academy to use, reproduce, and or publish all written and/or visual materials that may pertain to me. I understand that this material may be used in various publications, public affairs releases, marketing material, or for other related endeavors.
ENROLLMENT AGREEMENT TERMS
Sign-up fees, monthly fees, deposits and down payments are non-refundable and are not prorated.
If you wish to cancel this contract, you may cancel by emailing, mailing or hand delivering a 30 day written notice to the school. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered via USPS mail, hand delivered, or emailed to: [email protected]
or Allstar Martial Arts Academy, 642 Belvedere Road, West Palm Beach, Florida 33405 or [email protected]
or 9128 Forest Hill Blvd., Wellington, FL 33411.
Membership is on-going throughout the year. There is not a "freeze" option or "hold" option for any membership, however any missed classes may be made up during your active membership in the same testing cycle in which they are missed. If you wish to stop your membership for any reason, a 30-day written notice is required and you will be subject to re-paying the $120 sign-up fee to return to classes. You may cancel this agreement anytime with a 30-day written notice. This written notice may be emailed, mailed through USPS or hand delivered 30 days prior to you next payment and must include the student's name, date, and language that you wish to cancel your membership. If the written notice is received less than 30 days before a payment is due, then your next payment will go through and your membership will be cancelled after that. In the case of a medical emergency where recurring payments must be cancelled, a signed doctors note must be provided and will be verified. The signed doctors note, after verification, will provide a minimum of one month and a maximum of three months of cancelled payments with no additional fees upon returning to classes.
Monthly tuition is ongoing and based off a 48-week (4 weeks per month) year. Any closings have already been accounted for in our tuition pricing. Tuition is not pro-rated or adjusted for missed classes. It is the student/parent’s responsibility to attend class on a weekly basis (either in-studio or online) to stay active and current and continue through the curriculum. Your active membership guarantees your spot in your chosen classes, if you discontinue your membership you will be removed from your chosen classes and may not be guaranteed a space upon return. Missed classes may only be made up due to the following circumstances: student illness and student vacation. Missed classes to be made up must be scheduled with the front desk prior to attendance and must be attended in the same testing cycle in which they are missed. Any missed classes not made up in the same testing cycle will be forfeited.
• Allstar Martial Arts Academy loosely follows the Palm Beach County Public School Calendar regarding holiday closures. The studio closes for Halloween, Spring Break, Thanksgiving Break, Winter Break, Memorial Day, Independence Day, National Tournaments. These closings are already factored into your membership pricing.
• Any payments not received within two weeks (14 days) of the collection date will result in a $35 Late Fee, which may be drawn automatically if applicable. An extended delay of tuition payment may result in further collection procedures and/or legal action.
• A student may not attend classes if monthly tuition is unpaid or delinquent.
• Missed classes are forfeited when a student's monthly payment is unpaid and/or cancelled.
• If a check is returned check there will be a $35 Non-Sufficient Funds Fee added on.
Allstar Martial Arts Academy reserves the right to alter the days and/or hours of operation, the curriculum and the number of classes you're entitled to attend, if deemed necessary. Allstar Martial Arts Academy does not guarantee that you will reach a certain level of competence within any specific time frame and that students' obtaining a certain defined level of competence may be either delayed or accelerated due to changes in the curriculum or as deemed necessary by Allstar Martial Arts Academy. The student and/or co-signer agree unconditionally to pay tuition without regard to the attendance made or classes missed, until membership is cancelled with a 30-day written notice. Allstar Martial Arts Academy reserves the right to cancel (without refund of the current month paid) any membership due to disrespectful or rude behavior.
CONTACT SPARRING RULES
Once earning the rank of green belt, students are required to participate in contact sparring while wearing protective gear. Students agree to purchase protective gear sold in the Allstar pro shop. The ONLY protective gear permitted for contact sparring has the Allstar or Taekwondo United logo prominently displayed. Students participating must agree to the following rules:
1. Sparring may only be done under strict supervision of an instructor.
2. Sparring will always be done in a safe, controlled, and respectful environment. No overly aggressive or hurtful behavior will be tolerated.
3. The individual or the parent of the student who is sparring is responsible for communicating to an instructor any physical limitations (new or recurring) that may endanger the student while sparring.
4. Students are required to wear all safety gear when sparring which includes: head gear, hand pads, foot pads, chest protector, mouth guard, and cup/supporter (males only).
5. Contact to the face, throat, back, or below the belt will NOT be permitted.
6. If your sparring partner falls or appears hurt, please stop immediately, check if your partner is okay before resuming sparring, then show courtesy by shaking hands and begin again.
7. Students should practice sparring techniques in the most accurate and clean manner without using excessive force/contact in order to improve self-control, confidence, and focus.
By voluntarily participating in the program, I warrant that I have read the entire agreement and agree to its terms and conditions.