Taekwondo Student Sign up Form

KICKFINITY MARTIAL ARTS LLC

STUDENT WAIVER OF LIABILITY & RELEASE

1. Because any physical exercise can be strenuous and subject to risk of serious injury, KICKFINITY MARTIAL ARTS LLC urges you to obtain a physical examination from a doctor before using any equipment or participating in any activity. You (each student, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any facility amenity on the premises or off premises, including any sponsored event, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

2. This waiver and release of liability includes, without limitation, all injuries and/or damages which may occur as a result of: 1) your use of all amenities and equipment in the facility to which you have legal access and your participation in any activity, class, program, personal training or instruction;, 2) the sudden and unforeseen malfunctioning of any equipment; 3) our instruction, training, supervision, or dietary recommendations; 4) your slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; 5) contact with other participants; 6) the effects of the weather, including high heat and/or humidity; 7) use of tanning bed and/or tanning products; and all other such risks being known and appreciated by me.

3. I/We hereby acknowledge my/our responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and KICKFINITY MARTIAL ARTS LLC furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE KICKFINITY MARTIAL ARTS LLC, its owners, its officers, agents, employees, organizers, representatives, and successors from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the facility for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.

4. If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and the offending provision of provisions severed here from.

By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.

KICKFINITY MARTIAL ARTS LLC

STUDENT TERMS AND CONDITIONS OF MEMBERSHIP

MEMBER ASSUMPTION OF RISK AND RELEASE

1. I understand that the risk of injury from participating in KICKFINITY MARTIAL ARTS, LLC activities and using any KICKFINITY MARTIAL ARTS, LLC equipment is significant, including the potential for permanent paralysis and even death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS KICKFINITY MARTIAL ARTS, LLC, their respective owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releases), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my using any of the equipment or the facilities of KICKFINITY MARTIAL ARTS, LLC or any incident that occurs while using the KICKFINITY MARTIAL ARTS, LLC's facilities or engaging in KICKFINITY MARTIAL ARTS, LLC activities on or off the premises or otherwise related to my KICKFINITY MARTIAL ARTS, LLC membership.

2. I expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of Arkansas and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that KICKFINITY MARTIAL ARTS, LLC is relying on this release in agreeing to enter into this Agreement.

I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

TERMS AND CONDITIONS

1. DEFAULT AND LATE PAYMENTS: Should Student default on any payment obligation as called for in this agreement, KICKFINITY MARTIAL ARTS, LLC will have the right to declare the entire remaining balance due and payable and Student agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. Should any monthly payment become more than (10) days past due, Student will be charged a five dollar ($5) late fee. A five dollar ($5) service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Student is paying monthly dues by Electronic Funds Transfer (EFT), KICKFINITY MARTIAL ARTS, LLC, reserves the right to draft via EFT all amounts owed by the Student including any and all late fees and service fees subject to appropriate State and Federal Law.

2. MAINTENANCE OF FACILITIES: KICKFINITY MARTIAL ARTS, LLC may be temporarily closed for periods of up to twenty-four (24) hours at a time for maintenance purposes but only if absolutely necessary. 

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

MEMBER OBLIGATIONS:

1. Student agrees to abide by all KICKFINITY MARTIAL ARTS, LLC policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy and respect.

2. Student agrees to pay monthly dues on time, including notifying KICKFINITY MARTIAL ARTS, LLC promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.

3. Student agrees to pay all costs of collection incurred by the holder of this agreement if Student's account becomes more than sixty (60) days past due.

4. The student agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.

STUDENT DISABILITY:

1. If Student becomes temporarily disabled and can’t attend classes for more than four (4) consecutive weeks, their account will automatically be suspended and the student should contact the instructor to be re-established if they wish to continue training. 

DELINQUENT ACCOUNTS:

1. An account that is 30 days or more past due will be determined to be in delinquency and the  student will not be allowed to attend classes until the delinquent account is settled.  

CANCELLATION POLICIES:

1. Students may cancel their membership and receive a full refund of monthly dues they have paid within three (3) business days of signing this Agreement by providing a written notice to KICKFINITY MARTIAL ARTS, LLC. 

2. Month-to-month memberships may be canceled provided a thirty (30) day written notice prior to next monthly due date is electronically transmitted, hand-delivered, or mailed via certified or registered mail to Kickfinity Martial Arts, 803 N Commerce, Hope AR. Any payments due prior to cancellation taking effect will still be due and payable. 

3. KICKFINITY MARTIAL ARTS, LLC reserves the right to cancel or suspend the membership of any person for any reason. Cancellation or suspension can be made due to a violation of the KICKFINITY MARTIAL ARTS, LLC policies, violation of terms of this Agreement, or due to damage rendered by a student or a student’s guests. The student or guest is also responsible for any repair or replacement thereof.

SUMMARY OF STUDENT POLICIES

1. Student, by executing this Agreement, does hereby receive a membership to participate in KICKFINITY MARTIAL ARTS, LLC taekwondo instruction. The student is entitled to participate in taekwondo classes only. The use of tanning beds, personal training, group classes, and purchasing merchandise, supplements, and food or drinks is not included in this membership. There is an additional charge through their respective organizations. The student may also be charged for purchases through the use of their key or account number.

2. Student must check in upon entering the KICKFINITY MARTIAL ARTS, LLC facility. Student agrees that they will not be allowed to use KICKFINITY MARTIAL ARTS, LLC facility without checking in. 

3. Student agrees to abide by all membership regulations of KICKFINITY MARTIAL ARTS, LLC. Student agrees to comply with stated and customary rules for participation in instruction and use of any equipment. Unless canceled as provided in this Agreement, student will be responsible for all payments due and owing under this Agreement, even if the student does not use KICKFINITY MARTIAL ARTS, LLC's facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the KICKFINITY MARTIAL ARTS, LLC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, mandatory government shutdown, or the like, KICKFINITY MARTIAL ARTS, LLC will extend the student’s membership privileges for the period the facilities were unavailable.

4. If student violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, KICKFINITY MARTIAL ARTS, LLC may suspend the student’s  right to use the facility until such time as the Member provides KICKFINITY MARTIAL ARTS, LLC with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. Additionally, Student may be assessed an account suspension fee not to exceed $10/month in addition to their membership fees. In the event Student continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Student's membership may be terminated by KICKFINITY MARTIAL ARTS, LLC, and the balance of the Agreement plus associated fees will be declared due and payable in full immediately.

5. Under no circumstance is any member to routinely train another member except with the permission of the instructor. If it is determined that paid personal training has been conducted on the premises, the trainer and trainee will each lose their membership. If a student engages in such commercial or business activities, the student’s membership shall be subject to immediate cancellation or suspension.

6. Student agrees that they shall abide by the KICKFINITY MARTIAL ARTS, LLC Dress Code at all times while in the facility.

Dress Code

1. Proper workout attire (Proper Dobok (uniform) and belt ) should be worn. At certain times, instructors may alter the dress code. For example, from Memorial Day in May through Labor in September, students may wear uniform pants and an athletic, taekwondo, sports-related t-shirt. CGear uniforms are acceptable during this time, also.

2. Blue jeans or any pants that have blue jean type seams, buttons, zippers or rivets are not allowed to be worn. Athletic shorts or pants can be worn temporarily if a student does not have a proper uniform available. 

3. SHOES:

As a general rule shoes of any kind are not allowed on the mat, however, if shoes are necessary, the coaching staff must approve prior to use on the mat.

Anytime a member gets off the mat for any length of time or to leave the Kickfinity room, shoes must be worn to keep the feet clean.  No dirty feet will be allowed on the mat.

4. No vulgar/offensive words/graphics are allowed on clothing. Repeat offenders that have been warned 2 or more times are subject to immediate cancellation. 

5. Jewelry (including, but not limited to bracelets, necklaces, piercings, etc. ) is worn at the wearer's own risk, However Jewelry is not allowed to be worn during sparring, and will be required to be removed. 

 Student agrees that they shall abide by the KICKFINITY MARTIAL ARTS, LLC Standards of Behavior at all times while in the facility.

Standards of Behavior

1. Do not use loud or profane language upon premises.

2. Treat others politely and with respect.

3. Do not act aggressively, molest, badger, assault or harass other Kickfinity Martial Arts or gym members, guests, or employees. If a student engages in such behavior, their membership shall be subject to immediate cancellation.

4. Do not use the facility and equipment in any way that may endanger yourself or another person.

5. Tobacco, smokeless, vapes or otherwise, are not allowed to be used on the premises.

6. Do not litter anywhere on the premises. Please clean up after yourself.

7. Students and parents understand that photos and videos may be taken by Kickfinity Martial Arts LLC and posted to social media pages, websites, and printed materials. 

8. Students and parents should obtain permission from appropriate parents/guardians to take photographs or videos of others on the premises or post remarks or imagery to the internet that could identify another student other than their own. No photos, videos, or posted remarks should reflect negatively on any KICKFINITY MARTIAL ARTS, LLC student, instructor, staff, visitor, or person using the gym facilities. 

9. Do not play music on any kind of speaker or audibly on your phone without permission from the instructor.

10. Students should reflect upon the Tenets of Taekwondo - Courtesy, Integrity, Perseverance, Self-control, Indomitable Spirit - regarding behavior. 

Repeat offenders that have been warned 2 or more times are subject to immediate cancellation.

Student, guests, visitors understand that the KICKFINITY MARTIAL ARTS, LLC prohibits the use of any alcohol, drugs, or steroids/PED's and student, guests, visitors agree not to use any alcohol, drugs, or steroids/PED's on the KICKFINITY MARTIAL ARTS, LLC premises. Student acknowledges and is aware that steroids/PED's can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Student recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon KICKFINITY MARTIAL ARTS, LLC premises.

1. Student agrees that if they fail to attend KICKFINITY MARTIAL ARTS, LLC classes or use facilities  that this failure shall not release the student from the obligation to make all payments required by the terms of this Student Agreement.

2. Student agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this KICKFINITY MARTIAL ARTS, LLC is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.

3. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that KICKFINITY MARTIAL ARTS, LLC shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney's fees.

4. Both Member and KICKFINITY MARTIAL ARTS, LLC hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

5. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

6. Student or guardian/parent authorizes KICKFINITY MARTIAL ARTS, LLC, to contact student, parent, guardian or authorized individual by email, text message or telephone.

7. KICKFINITY MARTIAL ARTS, LLC retains the right to modify these policies without warning. These and additional rules pertaining to equipment and facility use will be posted at the KICKFINITY MARTIAL ARTS, LLC facility and all Students shall be subject to strict compliance therewith.

SAFETY NOTICES

1. This facility is under 24-hour recorded video surveillance and Student access usage is logged.

2. Horseplay, vulgar language, abuse of others and/or the equipment, working out while intoxicated or under influence of any drugs (prescribed or other), or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending student’s membership.