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THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

WAIVER / RELEASE / ASSUMPTION OF RISK

Some of the skills, techniques and activities taught in Doka Martial Arts Academy Inc. are inherently dangerous. By continuing into the website (dokamartialarts.ca), purchasing our services, using our facilities and / or participating in our training activities you are acknowledging that you recognize and accept the risks involved. Any injuries and / or damages that result are completely and solely your responsibility. If you have any concerns about the risks you should not continue with our services. 

I, {name}, understand and have had explained to me that the martial arts known as Judo and Jiu-Jitsu are taught using precautions to avoid any injuries. However, participation in the Judo and Jiu-Jitsu classes carries certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks range from minor injuries such as scratches, bruises, and sprains, to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to catastrophic injuries including paralysis and death. 

I understand and have had explained to me that, along with the possibility of personal injury, injury to property is also possible, such as but not limited to possible loss of wages and the ability to earn such wages.

I understand that no amount of care, caution, instruction or supervision can eliminate the dangers inherent in the activities related to Judo and Jiu-Jitsu. With full knowledge of the aforementioned dangers, both to myself, my child and my property (current and future), and after having these dangers fully explained to me, I nevertheless desire for myself and / or my minor child (or the child to whom I am guardian) to participate in Doka Martial Arts Academy Inc. training and activities. 

In consideration of myself and / or my minor child being permitted to participate in Doka Martial Arts Academy Inc. training and activities and use Doka Martial Arts Academy Inc.’s services, I as parent or guardian of said minor child, and on behalf of myself, my child, our personal representatives, heirs, next of kin, spouse, legal representatives, executors, administrators, attorneys, agents, beneficiaries, successors and assigns (hereinafter collectively “Releasing Parties”) further agree to assume the risk of harm to myself and / or my child, agree to release Doka Martial Arts Academy Inc. from all liability for all injury of any kind to myself and / or my minor child, and agree to defend, save, protect, indemnify and hold harmless Doka Martial Arts Academy Inc. from any claims which are brought by, because of or on behalf of myself and / or my minor child which are in any way arising out of or in connection with such use or participation by myself and / or my minor child in Doka Martial Arts Academy Inc. training and activities, as more fully set forth below.

In consideration of being allowed to participate in Doka Martial Arts Academy Inc. training and activities and use Doka Martial Arts Academy Inc.’s services, goods, equipment and facilities, on behalf of myself and all Releasing Parties, I hereby release, waive, covenant not to sue, and forever hold free and discharge from any liability Doka Martial Arts Academy Inc., employees, contractors, instructors, volunteers and representatives, of and from all claims, demands, rights and causes of action of any nature whatsoever, arising out of or in connection with the conduct, acts or omissions, products, services, land or building conditions, equipment, and facilities of Doka Martial Arts Academy Inc., and my or my child’s use thereof, including, but not limited to those claims arising from and by reason of any and all bodily or personal injury, damage to property or other loss and any consequence thereof, whether known or unknown, seen or unforeseen, resulting from my or my child’s participation in Doka Martial Arts Academy Inc., and any and all claims arising out of or in connection with any unsupervised minor children on Doka Martial Arts Academy Inc. property and facilities or who wander away from or loiter by said property and facilities. I further understand and acknowledge that Doka Martial Arts Academy Inc. expressly disclaim any responsibility to supervise minor children wandering away from or loitering by Doka Martial Arts Academy Inc. property and facilities, and that I am responsible for monitoring and attending to my minor children, regardless of whether such children are participating in Doka Martial Arts Academy Inc. activities and training or not.

Further, knowing and understanding these risks, nevertheless, I on behalf of all Releasing Parties hereby agree to voluntarily assume these risks and to release and hold harmless the Doka Martial Arts Academy Inc. parties in connection with or arising out of the conduct, acts or omissions, products, services, land or building conditions, equipment, and facilities of the Doka Martial Arts Academy Inc. parties, and my use thereof. It is further understood that this waiver, release and assumption of risk is forever binding on all Releasing Parties. I certify that I have adequate insurance to cover any injury or damage I or my minor child may cause or suffer while participating, or else I agree to bear the costs (including any insurance deductibles) of such injury or damage myself. I further understand and certify that I am willing to assume the risk of any medical or physical condition I or my minor child may have. 

I also agree to defend, save, protect, indemnify and hold harmless the above-named Doka Martial Arts Academy Inc. parties in the event that I or any member of my family or those persons I am the guardian of, causes personal injury or property damage to any person or property during Doka Martial Arts Academy Inc. activities. I understand that this indemnification includes payment for all loss, including any court or arbitration costs, attorney’s fees, awards incurred by or adjudged against the above-named Doka Martial Arts Academy Inc. parties.

If any portion of this agreement is found to be void or unenforceable, I agree that the remaining portions shall remain in full force and effect. 

I am also aware that for purposes of safety, security and quality control there are surveillance cameras mounted throughout Doka Martial Arts Academy Inc.. Furthermore, because of the popularity of Doka Martial Arts Academy Inc., I understand and acknowledge that oftentimes filming, video or photographs may be taken of me or my minor child during classes / training. I hereby grant Doka Martial Arts Academy Inc. the unlimited use of my photo, likeness and voice in any format of video recording (e.g., DVD) for promotional advertisement or commercial use in any format now known or hereafter devised, in perpetuity and I forfeit any form of payment or credit in connection therewith. To be a participant in Doka Martial Arts Academy Inc. training and activities in such video recording, or photos is my or my minor child’s consideration for the rights granted above. It is further understood that I will not film, video, photograph or otherwise record any classes or training without the express prior permission from Doka Martial Arts Academy Inc. on a case by case basis.

My acceptance and continuation into the website (www.dokamartialarts.ca) of Doka Martial Arts Academy Inc. for its products and services is proof of my understanding and acceptance of this document and is evidence that I know and understand and have had all my questions concerning this document explained to me, that I fully understand the dangers that are inherent in this martial art and that I voluntarily certify that I and all Releasing Parties will not hold Doka Martial Arts Academy Inc., Eric Hung-Min Chiu, employees, contractors, instructors, volunteers and representatives, responsible for any injury or loss of any kind, whether as a result of training or not. I acknowledge on my behalf and all Releasing Parties’ behalf that (a) I am digitally accepting this document in the same manner as signing this document freely and voluntarily, and intend by my digital acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law, and (b) I understand that I am giving up substantial rights, including the right to sue.

In addition, I agree to strictly abide by the policies applied for all students of Doka Martial Arts Academy Inc. presented at the time of registration and future changes implemented.

In case of an emergency and I cannot be reached, I authorize the staff of Doka Martial Arts Academy Inc. to obtain whatever medical treatment he / she deems necessary for the welfare of my enrolled minor child. I further understand that I will be financially responsible for all charges and fees in the rendering of said emergency treatment, regardless of whether or not my minor child’s medical insurance would cover such charges and fees. I acknowledge that I have had an opportunity to have this Release reviewed by competent legal counsel, and to the extent that I have not done so, I have intentionally waived my right to do so. 

NOTICE OF CONSUMER’S RIGHTS

1. You have the right to cancel your membership agreement at any time. All cancellations must be in email writing to info@ravengrappling.com and must be done with a 30-day notice.

2. If the school is closed for four (4) consecutive weeks or more, you are entitled to immediate cancellation of your membership, unless the closing is not the fault of the facility (ie. fire, flood, natural disasters, pandemics, war, etc), in which case the choice of remedy is the school’s.

3. You may cancel this agreement for any reason with a 30-day written notice to info@dokamartialarts.ca, and you are authorized to train during the 30-day cancellation period.

4. All memberships and private lessons must be pre-paid prior to attendance. Once purchased, memberships and private lessons are non-refundable, non-exchangeable and non-transferable. 

The instructors at Doka Martial Arts Academy Inc. are fully committed to the progress of each individual student and in order to make sure that their efforts are not wasted, it is of the utmost importance that each student is fully committed to the instructors, Doka Martial Arts Academy Inc. and most importantly, their own progress. This document serves as the binding agreement between you, the student, and Doka Martial Arts Academy Inc.. By accepting this document, you are demonstrating your commitment for the entire term of the training program you are enrolled in.

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, UNDERSTAND, that under the terms of this agreement, the school obligates itself to furnish me with competent instruction and suitable facilities for teaching lessons. All class lessons are supervised by qualified personnel trained in the procedures and traditions of Doka Martial Arts Academy Inc.. I agree that I am physically fit to receive and participate in the prescribed course of instruction. I agree to faithfully comply with all the rules, regulations and policies of Doka Martial Arts Academy Inc.. 

I, THE STUDENT, UNDERSTAND that if my tuition is arranged to be made in monthly instalments, Doka Martial Arts Academy Inc. has a fiduciary responsibility to collect all payments in a timely manner. Any modifications, changes, amendments or cancellations of the student enrolment must be in writing. No oral amendments or modifications are to be made to the student enrolment agreement. 

I FURTHER UNDERSTAND that the budgeted tuition payment plan is not affected by my training schedule and / or attendance. I am aware that any unused classes within my current billing cycle will not roll-over to the next cycle, nor will I be entitled to a credit for these unused classes. Doka Martial Arts Academy Inc. will automatically charge my billing method for each training program I am enrolled in upon its auto-renewal date. To cancel my auto-renewal charges, written notice must be sent via email to info@dokamartialarts.ca with a minimum of 30 days advance notice in order to receive a confirmation email from Doka Martial Arts Academy Inc..

I UNDERSTAND THAT I MAY CANCEL my membership at any time with a 30-day written notice. Additionally, I’ve been informed that I am allowed to train during the 30-day cancellation period. All memberships and private lessons purchased are final and non-refundable, non-exchangeable and non-transferable. 

All monthly dues are due until proper cancellation procedures have been followed. In no case shall any monthly payment be retroactively refunded.

I SPECIFICALLY ACKNOWLEDGE and agree that the belt or other indicia of rank is a privilege and not a right. My acceptance of instruction from Doka Martial Arts Academy Inc. constitutes acknowledgement that I shall treat all the students, staff members, guests and the facilities with the utmost respect. If at any point, my demeanour towards other students, staff members, guests or my training practices are deemed to be unsafe or disrespectful, Doka Martial Arts Academy Inc. reserves the right to cancel this agreement. I shall be entitled to a refund of all unearned amounts due upon cancellation by the school. 

A LATE CHARGE of ten dollars ($15.00) will be assessed for any payments seven days (7) past due. Other fees: Return EFT draft $10, Re-clear EFT draft $20, and returned checks $30.

I ASSUME ALL RESPONSIBILITY for any costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney's fees, and applicable late charges that may be incurred for default payments. 

SCHOOL ADMINISTRATORS MAY MAKE any modifications to the class schedule as deemed necessary. Such modification does not relieve me of my payment obligations under any circumstances. School administrators also reserve the right to close the school on national holidays, for the purpose of special events, and a period not exceeding four (4) consecutive weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.

BY ENTERING INTO THE AGREEMENT I grant the school permission to use photographs, videotapes, artwork or other likenesses of me, the student, for marketing, trade, publishing or any other lawful purpose. 

MEMBERSHIP AND PRIVATE LESSONS ARE non-refundable, non-exchangeable and non-transferable except as stated herein.

I AUTHORIZE the use of a disclosed e-mail address for billing purposes and acknowledge that e-mail text may include financial information pertaining to the membership. 

Student Name: {name}

Date: {sign_date}