ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY
For Participants in the Province or Territory in which
the Athletic Activities are Provided by the Organization
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS.
READ IT CAREFULLY!
The Participant and/or Parent/Guardian Must Read and Understand this Waiver Prior to the participating
in Athletic Activities
The following waiver of all claims, release from all liability, assumption of all risks, and other terms of this agreement are entered into by me on behalf of myself (the "Participant) or the Minor Participant (the “Minor”) with and for the benefit of: their directors, officers, employees, volunteers, business operators, agents and site property owners or Occupiers (the Organization”). Occupiers is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation applicable to the Province or Territory in which the Athletic Activities are provided by the Organization.
CLICK THE BOX BELOW ONLY IF YOU ARE FILLING OUT THIS FORM FOR A MINOR. IF YOU ARE OVER 18 AND FILLING THE FORM OUT FOR YOURSELF, DO NOT CLICK THE BOX.
I am the Parent/Guardian of the Minor and am executing this waiver on behalf of the Minor in my capacity as Parent/Guardian and with the intent that this waiver be binding on me and the Minor for all legal purposes.
"Athletic Activities" include but are not limited to contact and non-contact sports, fitness activities, personal training instruction and activities, use of facilities, and fitness programs and services provided to the Participant or Minor by the Organization.
I am aware that there are inherent and significant risks (“Risks”) associated with the participation in Athletic Activities. I am aware that those Risks include, but are not limited to, the potential for serious personal injury caused by any event or any condition of the facility or equipment where Athletic Activities are provided by the Organization, and health risks such as transient lightheadedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps or soreness, and nausea. I understand the Risks are relative to the Participant or Minor’s state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which the Parttcipant or Minor conducts him or herself while participating in Athletic Activities.
I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my or the Minor's participation in Athletic Activities. I agree that although the Organization has taken steps to reduce the Risks and increase safety of the Athletic Activities, it is not possible for the Organization to make the Athletic Activities completely safe. I accept these Risks and agree to the terms of the waiver, even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Athletic Activities.
I acknowledge on behalf of the Minor the Minor’s obligation to immediately inform the nearest employee of the Organization if the Minor feels any pain, discomfort, fatigue or other symptoms that he or she may suffer during and immediately after his or her participation in Athletic Activities. I understand the Minor may stop participation at any time, and may be requested to stop by an employee of the Organization who observes any symptoms of distress or abnormal response.
In addition to consideration given to the Organization for the Participant's or Minor’s participation in Athletic Activities, I and my heirs, next of kin, executors, administrators and assigns, as well as the Minor and his or her heirs, next of kin, executors, administrator and assigns (collectively our “Legal Representatives”) agree:
a. To waive all claims that I or the Minor have or may have in the future against the Organization; to release and forever discharge the Organization from all liability for all personal injury, death, property damage, or loss resulting from my or the Minor’s participation in the Fitness Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error of judgment of the Organization; and
b. To be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my or the Minor’s participation in Athletic Activities.
c. I agree that this waiver and all terms contained within are governed exclusively by the laws of the Province or Territory of Canada in which the Athletics Activities are provided to me by the Organization. I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory. Any litigation to enforce this waiver must be instituted in the Province or Territory in which the Athletic Activities are provided by the Organization.
I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on me as a Participant, Parent/Guardian, the Minor and our Legal Representatives.
MEMBERSHIP AGREEMENT
This Membership Agreement must be completed by the student or parent/guardian if the student is less than 18 years of age. The responsible party agrees that you have read. understand and agree to the Membership Agreement and the Membership Terms & Conditions.
You understand that we require a 7 day advance notice via email to
Jitsu-Do Karate
for any/all changes/suspensions/cancellations to your account. Verbal requests will not be accepted.
By signing this document, you are agreeing to Membership Terms & Conditions.
MEMBERSHIP PERIOD
A membership period is defined as one (1) month. Memberships are automatically renewed every month unless cancellation is provided at least seven (7) days prior to your membership renewal period. Jitsu-Do Karate reserves the right to change membership fee schedules at any time. All memberships will require at least 48 hours (2 days) to become active after payment is received.
MEMBERSHIP CANCELLATION
If, for any reason, you need to stop training, either permanently or temporarily, you understand that it is your responsibility to send an email to
Jitsu-Do Karate
at least 7 days prior to your renewal date or requested suspension date. Please make sure you receive a reply from us acknowledging that we received your request. Membership cancellation and suspension requests must be submitted via email. We do not accept either request in any other form of communication other than email. Members that fail to give 7 days written notice will not be granted a refund.
CREDIT CARD PAYMENTS
It is the students' responsibility to ensure there is always an active credit card on file for monthly membership payment processing. If your credit card does not process, we will provide a one-time courtesy of a reminder to submit new payment information. If the payment fails a second time, a $25 processing fee will be charged for each month the payment is late. If the credit card fails to process a third time, Jitsu-Do Karate reserves the right to cancel your membership after your account is brought current. Please remember to keep your payment information current and accurate so your membership remains in good standing.
NON-CREDIT CARD PAYMENTS
Automated card payments are strongly preferred as they cut down on administrative time and ensure that we can maximize our effective use of time when at the dojo. If a student would prefer to make payments using a different method, they must be received by Jitsu-Do Karate no less than 7 days prior to the end of their current session to continue uninterrupted training. We cannot guarantee that we will always be available to handle these transactions in person (hence the automated card payments being a better option) so e-transfer should be the next best option as all payments can be handled outside of business hours and our time at the dojo is spent on quality instruction and not avoidable administrative work.
CUSTOMER RESPONSIBILITY
You (signee) understand that it is your responsibility to make sure your payment is received on-time. Should your credit card, bank account, or other form of payment change, you will notify Jitsu-Do Karate at least 7 days prior to the next billing cycle to avoid a late fee penalty of $25.
BUYER'S RIGHT TO CANCEL
If you wish to cancel this agreement, you may do so by emailing your request to
Jitsu-Do Karate
prior to 7 days of your first class. The notice must say that you no longer wish to be bound by this agreement, and that you would like to cancel your membership. This agreement may also be cancelled if Jitsu-Do Karate ceases operations. Any cancellation after your membership has commenced will not receive a refund.
CLASS SCHEDULE
Jitsu-Do Karate reserves the right to make temporary and/or permanent modifications to the schedule at any time, for any reason.
By choosing a membership plan and signing this contract, I indicate that I have read and understand the terms of this Membership Agreement, and that I have read and signed a Liability Waiver Form. This agreement, and its information, will remain on file in a secure location, within the Jitsu-Do Karate office unless the terms and conditions change. At that time, a new contract will be executed.
MISSED CLASSES
If a student misses a class for any reason it is solely their responsibility and make-up classes will not be given. If a class is cancelled on the part of the dojo and a participant with a limited session membership (ex. Karate Jr) misses a class, a make-up class can be arranged within one month of the missed class. Members in our Unlimited membership will not be issued make-up days in the case of a closure and are encouraged to attend another day if we wish to access more training opportunities.