To be signed by: Participant (if participant is 18 years of age or older), Parent/Guardian (if participant is younger than 18 years of age)
INJURY
The undersigned understands that martial arts training is physically demanding and injuries are a possibility. The undersigned affirms that he/she/they is in good physical condition and suffers no injury, ailment, disability, physical limitation or impairment that would be aggravated or worsened by martial arts training - it is recommended that you share any previous injury with the staff. The undersigned pledges to contact a health professional prior to attending any class or event sponsored by Northwest Martial Arts Coos Bay LLC, if there is any question whether it is advisable for he/she to begin martial arts training and to discuss such findings with a Northwest Martial Arts Coos Bay LLC representative. Further, students may wish to discuss medical and/or disability coverage with insurance professionals prior to beginning a martial arts training program.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of Northwest Martial Arts Coos Bay, LLC athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Northwest Martial Arts Coos Bay, LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
ACTOR MEDIUM
During the course of martial arts training and/or competition, photographs, film and voice recordings may occasionally be used for training and/or promotional purposes. These various forms of ‘medium’ belong to Northwest Martial Arts Coos Bay LLC. The undersigned hereby acknowledges and grants to Northwest Martial Arts Coos Bay LLC and their respective successors, assigns, licenses and agents the perpetual rights without limitation to photograph, film, edit, reproduce, represent, record voice, and utilize name for any and all legal purposes as determined by Northwest Martial Arts Coos Bay LLC.
IMPORTANT POLICIES CONCERNING YOUR MEMBERSHIP
CONDUCT AND BEHAVIOR | I understand that my membership is contingent on adhering to the safety and ethics policies of Northwest Martial Arts Coos Bay (hereinafter referred to as “NWMACB”). NWMACB can terminate this contract at any time and doing so will result in a prorated remainder of the monthly or paid in full tuition being returned. Being barred from NWMACB premises for any reason will result in a termination of membership, but the member will not receive a refund. Members must follow and understand NWMACB rules.
MEMBER’S RIGHTS TO SERVICES | Membership is contingent of on time payment. If your account has been inactive, you will not be permitted to attend classes until it is active. Furthermore, you agree that until your account is active, that you forfeit the right to any services or amenities that would be normally offered or provided for by the terms of this agreement.
BUYER’S RIGHT TO CANCEL AGREEMENT | All memberships are non-refundable, non-transferable, and come with a 30-day cancellation notice policy or within a 5 business days of the agreement’s signing via written or electronic communication to an authorized NWMACB staff member. All requests to cancel a membership (notification and reason) must be submitted to nwmacoosbay@gmail.com (30 days before next billing date) unless otherwise noted in writing by a NWMACB owner. NWMACB is not required to pro-rate any memberships should the individual fail to provide 30-day cancellation notice. Refunds will not be returned if a request to cancel a membership is not submitted within the mandatory time frame and a bill has already been paid. Cancellation policy: If the member does not abide by the 30 day cancellation notice policy or within 5 business days of the agreement then the member is subject to a penalty fee due to breach of contract. No exceptions. The penalty fee is equal to the price of (1) month of his/her current membership. The fees are due immediately and cancellation of the membership will appear on the next scheduled billing date. Cancellation policies apply to all programs unless otherwise noted.
I agree that cancellation of my membership outside of the initial five-day grace period or 30-day cancellation notice policy will not result in a refund.
FREEZING A CONTRACTED MEMBERSHIP | Freezing of a membership can only be done on a per month basis and absolutely cannot exceed more than 4 months in a year; exceeding 4 months may result in cancellation of a membership and will be subject to the cancellation policy. Requests to freeze an account (notification and reason) must be submitted to nwmacoosbay@gmail.com at least 48 hours before the member’s next billing date to avoid being charged for that billing period; refunds will not be given if the request is sent after the billing date.
FAILTURE TO PAY / DELINQUENT MEMBER ACCOUNT | Should the credit card on file of a membership be declined, and the member does not provide valid form of payment for his/her membership within 30 days after a bill is past due, NWMACB reserves the right to terminate the individual’s membership as well as assign the account to a collection agency.
MISCELLANEOUS| Terms, conditions, and prices are subject to change NWMACB reserves the right to terminate any memberships, refuse service, or deny entry at the discretion of a NWMACB owner. NWMACB is not responsible for lost, damaged, or stolen items.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Participant Signature Below (if participant is 18 years of age or older)
Parent/Guardian Signature Below (if participant is younger than 18 years of age)