Tae Ryong Taekwondo Student Enrollment Agreement
1. General Lessons and Instructions Agreement
(a) I, the undersigned Buyer ("Buyer" or "You"), understand that under the terms of this membership agreement ("this Agreement"), Tae Ryong Taekwondo School ("TRTKD Inc.") obligates itself to furnish competent instruction and suitable facilities for teaching Martial Arts lessons. Qualified personnel trained in the procedures and traditions of Martial Arts will supervise all class sessions. Official belt recognition and certification will be issued to Buyer upon the successful completion of examinations. Examination fees are not included in tuition fees or any part of this Agreement.
(b) Buyer agrees to take and TRTKD Inc. agrees to teach a course of Martial Arts lessons commencing on the agreed upon dates recorded under your "Membership" records on your (trthousandoaks.kicksite.net) web page log in at the time of your registration and future renewal agreements.
2. Payment Agreement
(a) Buyer agrees to pay tuition in consecutive monthly installments (unless otherwise agreed upon by the Buyer and TRTKD Inc.), on the same day each month, starting with the first payment date. All payments will be made directly to TRTKD Inc.
(b) All monthly payments must be made through an auto billing agreement with TRTKD Inc. by filling out the "Credit Card Billing Authorization Form" unless a different schedule of payment has been agreed upon by TRTKD Inc. and Buyer. Buyer agrees to pay up to 6 months (or a different agreed upon schedule) and will be auto renewed for the next 6 months (or a different agreed upon schedule) unless Buyer contacts TRTKD Inc. about stopping the program no later than 15 days before the last auto draft is processed.
(c) Buyer understands and accepts that a late fee amounting to 10% of a single payment may be charged if a payment is not received within 15 days of the due date. The commencement date of instruction, as set forth under your "Membership" records, must commence no more than six months after the date of this Agreement.
(d) Failure to attend lessons by the expiration date does not relieve Buyer of its obligation to pay the tuition in full, nor will a refund be issued unless otherwise agreed upon by TRTKD Inc. and Buyer.
(e) Buyer recognizes that regular class attendance is critical to advancement and understands that it is Buyer's responsibility to faithfully attend classes and regularly test for promotion, including payment of required testing fees. Furthermore, Buyer is obligated to make consecutive, timely payments whether or not attending class. Failure to complete any portion of the course of lessons does not relieve Buyer of the obligation to pay tuition in full.
3. Health, Physical Activities, and Conduct Agreement
(a) Buyer hereby represents that he/she is physically and medically fit to take the the prescribed course of instruction. Furthermore, Buyer has had an opportunity to observe and/or participate in a class prior to signing this Agreement. Buyer is aware that a thorough physical examination by a qualified medical doctor is highly recommended by TRTKD Inc., and generally recommended prior to the start of any physically demanding sport and/or exercise program.
(b) Buyer understands that during the course of instruction and/or testing, employees of TRTKD Inc., fellow students, volunteers and/or other authorized persons will be engaged in a course of conduct requiring physical contact with Buyer. By signing this document, Buyer gives full consent to participate in such contact.
(c) Buyer understands that strict observance of all written, verbal and implied TRTKD Inc. rules and regulations relative to Martial Arts training, conduct and personal safety is mandatory (including but not limited to personal conduct and use of all protective equipment). Failure to comply with these rules and regulations will be subject to strict disciplinary action.
(d) Buyer acknowledges that injury is possible and common during participation in any rigorous exercise program and/or organized sport. Proper use of protective equipment may reduce the potential for serious injury. However, neither TRTKD Inc. nor any part of this Agreement warrants that use of protective equipment will prevent injury. Buyer is aware that the cost of protective equipment is separate from and not included in tuition and/or any part of this Agreement. TRTKD Inc. provides no warranty on any equipment, including but not limited to those borrowed, used, or sold on its premises.
(e) By becoming a member of TRTKD Inc., Buyer agrees to and shall faithfully and honorably comply with all rules and regulations and uphold the highest tradition of Martial Arts.
(f) Buyer understand and agrees that TRTKD Inc. is not liable for any personal injuries, damages or losses incurred directly or indirectly by participation in Martial Arts training, or resulting from negligence of the owners, operators, and/or persons in charge of TRTKD Inc., their agents, employees, volunteers, members, guests and/or myself.
4. Release Agreement and Waiver of Personal Injury Claims
(a) You (or your parent or guardians) acknowledge that the study of Taekwondo, a "Martial Art", or any other Martial Art, is inherently dangerous, physically demanding, and physical injury may result from participation in this activity.
(b) You hereby expressly and fully assume all risk of injury as a result of participation in Taekwondo or any other Martial Art, and, on behalf of yourself, heirs, representatives, and assigns, hereby fully release and discharge TRTKD Inc., its owners, instructors, employees, members, guests, and representatives (the "Releases") from any and all liability for any injury (including death) resulting from such participation and/or from the negligence or gross negligence of the Releases or any of them. Participation includes traveling to, participating in, and/or returning from any special event, location and/or tournaments.
(c) If you are under the age of 18, your parent or guardian further agrees to defend and indemnify the parties released hereby for any claims of injuries of a minor student.
(d) If you are under the age of 18, the signature of your parent or guardian below also authorizes the owners and/or instructors of the TRTKD Inc. to act in their behalf regarding the authorization of medical treatment for you in the event of injury during practice, competition, or transportation.
(e) I understand that any pictures or likeness of me and/or the minor child participating in the course may be used for publicity purposes without prior approval and/or compensation.
5. Signature and Agreement Understanding
By signing this Agreement, Buyer agrees to all terms and conditions set forth herein, including those that appear of the reverse side. By signing below, Buyer also agrees to fulfill all financial obligations set forth herein, including those that appear on the bottom half of this agreement. Buyer understands his or her rights as described herein and further acknowledges receiving a copy of this Agreement upon its execution.
---------------------------------------------------------------------------------------------------------
Tae Ryong Taekwondo School
Additional Terms, Rules, Regulations, and Conditions of Membership Agreement
Attendance: Regular class attendance is important to Martial Arts skills. It is strongly recommended that you attend at least twelve (12) lessons per month.
Hours of Operation: The schedule will be posted in the school and website (trtkd.com/to). Class times and days are subject to change as deemed necessary by TRTKD Inc. Operating hours may be modified for holidays and/or special occasions at the sole discretion of TRTKD Inc.
Demeanor of Members: You agree to abide by all membership rules. While on TRTKD Inc. premises, members shall refrain from using loud, foul, demeaning or slanderous language. No member shall stalk, molest, badger, taunt or solicit staff, members, spectators or guests. All members are responsible for their guests and spectators while on TRTKD Inc. premises and will be held accountable for their actions as thous they were members. Failure to conform to TRTKD Inc. rules will be subject to immediate discipline including, but not limited to, suspension and/or expulsion.
Changes: Facilities, equipment, school locations, hours, services, and the Rules, Regulations and Conditions of Membership are subject to change, without notice, at the sole discretion of TRTKD Inc. You agree to accept all changes deemed necessary by TRTKD Inc. as a condition of receiving this membership.
Waivers: If any portion(s) of this Agreement is deemed invalid or unenforceable by a California court of law, it shall not limit or inhibit the ability of TRTKD Inc. to legally enforce all valid portions of this Agreement. If TRTKD Inc. does not enforce any right in this Agreement for any reason, TRTKD Inc. does not waive its right to enforce it later.
Representations: You represent that you are in good physical condition and have no impairment that might prevent your intended use of TRTKD Inc. You acknowledge that TRTKD Inc. did not give you medical advice prior to this Agreement, and cannot give you any advice after the date of this Agreement, relating to physical condition and ability to use the facilities and participate in the course of instruction. You are advised to discuss any health or medical concerns arising prior to or after the date of this Agreement with a medical doctor before using TRTKD Inc. facilities or following their course of instruction.
Limited Use: If you know or should know of any problem that might prevent you from using all TRTKD Inc. facilities and/or participating in the course of instruction in full and sign this Agreement, you agree that the membership is limited accordingly. However, because it is your choice, tuition and fees must still be paid in full as if you could use allof the TRTKD Inc. facilities.
Liability for Property: TRTKD Inc. is not liable to you or your guests for any personal property that is damaged, lost or stolen while on or around the TRTKD Inc. premises including, but not limited to, a vehicle or its contents or any property left in the studio. If you or your guests cause any damage to TRTKD Inc. including its facilities, you are liable to TRTKD Inc. for the cost of repair or replacement.
Entire Agreement and Enforcement: You acknowledge that neither TRTKD Inc. nor anyone else made any representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. This document contains the entire Agreement between you and TRTKD Inc. and replaces any oral or other written agreement.
Consumer's 3 Day Cancellation Right: You may cancel this Agreement without penalty or further obligation within three (3) business days form the date of this Agreement. Notice of cancellation must be submitted in writing by registered or certified mail to: TRTKD Inc., 668 N. Moorpark Rd.
Thousand Oaks, Ca 91360.
Rights of Cancellation and Refund: Enrollment fees are non-refundable. You may cancel this Agreement and receive a refund of unused prepaid dues or unused lessons only in the event of:
A. Disability or Death: A disability physically prevents you from using TRTKD Inc. facilities and disability is confirmed in a written report by a California-certified medical physician. TRTKD Inc. reserves the right to approve the physician or will at its discretion request a second opinion by a mutually agreed upon physician at your expense. In case of death, a member's estate must provide a certified copy or the death certificate. In either case, TRTKD Inc. will determine your refund of unused tuition , if any, by utilizing the following "Refund Calculation": the refund, if any equals the pro rata share of tuition for the remaining lessons under this Agreement ("Unused Tuition") less TRTKD Inc.'s current monthly rate for a regular course of martial arts lessons times the remaining months in the most current "Membership" agreement (Unused Tuition - (current monthly rate x remaining months)). For the purposes of the Refund Calculation, any partially used month shall count as a whole month.
B. Change of Residence: You move more than twenty-five (25) miles from your TRTKD Inc. facility of enrollment. You must provide written notice and evidence of your move. TRTKD Inc. reserves the right to choose the means by which the address change is verified (including by not limited to requesting copies of utility bills, etc.) If there is another TRTKD Inc. within 25 miles of the new residence, your membership will be transferred to that school and you are not entitled to a refund. If TRTKD Inc. is unable to transfer the membership, you are entitled to cancellation of this Agreement and TRTKD Inc. will refund your unused prepaid tuition based on the Refund Calculation set forth above the deduct a fee of $100.
You (or your estate) must send written notice and proof of the event within 30 days after it occurs. Cancellation is effective as of the date of the event or the last date you attended TRTKD Inc., whichever is later. If the Notice is late or lacks proof, TRTKD Inc. may set the effective date as of the date TRTKD Inc. receives the Notice with sufficient proof. Such notice shall be sent to: TRTKD Inc., 668 N. Moorpark Rd. Thousand Oaks, Ca 91360
Extension: You may request an extension of your "Membership" pertaining to this Agreement, which TRTKD Inc. is its sole discretion may grant or deny. Requests for extension must be submitted in writing to TRTKD Inc. and any extension granted applies only to the term that instruction will be provided but not to the time permitted for fulfillment of the financial obligation. Timely payments must be maintained in accordance with the Payment Schedule set forth on your "Credit Card Billing Authorization Form" and "Membership" Records.
Cancellation by TRTKD Inc.: TRTKD Inc. reserves the right to terminate this Agreement at any time for any reason. In the event of such cancellation, TRTKD Inc. will refund any tuition fees collected, less compensation for services rendered, fees, and any outstanding financial obligations. Note: tuition fees will be refunded based on the Refund Calculation set forth above.
Membership Transfer: This Agreement is non-transferable except under special circumstances that TRTKD Inc. may in its sole discretion grant or withhold. A transfer fee would apply.
------------------------------------------------
HEALTH ATTESTATION
I hereby attest that I and my child/children, will not attend class when knowingly sick or exhibiting any of the following symptoms: Fever (greater than 100.0 degrees F) or chills, cough, shortness of breath or difficulty breathing, fatigue, unexplained muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, rash, nausea or vomiting, diarrhea. I understand that if I am observed to have any of the listed symptoms in class, that instructors reserve the right to revoke class attendance privileges from the individual until they have been without symptoms for at least 2 days.
I further attest that I, and the members of my household, have not been in contact with suspected or confirmed COVID-19 cases in the last 14 days. If I, or members of my household, do come in contact with individuals who are suspected or confirmed to have COVID-19, I agree that I and/or my child/children will not attend class for at least 14 days following the potential exposure.
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 Tae Ryong Taekwondo 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 (insert name of sports organization) 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 RELEASES OR OTHERWISE, to the fullest extent permitted by law.
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.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.