READ BEFORE SIGNING
In consideration of being allowed to participatein any way in Kwanmukan programs, related events and activities, the undersigned acknowledges,appreciates, and agrees that:
1. The risks of injury andillness (including communicable diseases such as MRSA, influenza, and COVID-19) fromthe activities involved in this program are significant, including thepotential for permanent paralysis and death, and while particular rules,equipment, and personal discipline may reduce these risks, the risks of seriousinjury and illness do exist; and,
2. I KNOWINGLY AND FREELYASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCEOF THE RELEASEES or others, and assume full responsibility for myparticipation; and,
3. I willingly agree tocomply with the stated and customary terms and conditions for participation.If, however, I observe any unusual significant hazard during my presence orparticipation, I will remove myself from participation and bring such to theattention of the nearest official immediately; and,
4. I, for myself and onbehalf of my heirs, assigns, personal representatives and next of kin, HEREBYRELEASE AND HOLD HARMLESS (insert legal name of sportsorganization) their officers,officials, agents, and/or employees, other participants, sponsoring agencies,sponsors, advertisers, and if applicable, owners and lessors of premises usedto conduct the event ("RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY,ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHERARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullestextent permitted by law.
5. 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 the activity and his/her responsibilities for adhering to the rules and regulations. 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 from any and all liabilities incident to my minor child’s/ward’s involvement or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OFLIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN ITFREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
1. REGISTRATION; ACCEPTANCE OF MEMBER:
a. Registration for events is on a first-come, first served basis. Early registration helps to ensure availability. Walk-in registrations will be accepted on a space-available basis. Kwanmukan reserves the right to substitute speakers, presenters, facilities, venue and/or any program to be offered at the event at any time. By registering for this Membership or event, Member represents, warrants and ensures that he/she is physically and mentally able to participate in the program for which he/she is registering and/or any others in which Member may participate. Member understands that this registration is non-transferrable and non-assignable and that any other person(s) wishing to attend the membership or event must register in their own name(s). If you have any questions concerning Membership or event, please contact the Kwanmukan directly.
b. By registering as a member, Member agrees to fully and completely comply with all terms and conditions hereof and the Kwanmukan' rules and regulations. Kwanmukan reserves the right to refuse membership or attendance at any of its events to any individual. All packages, bags, and other containers brought to the events are subject to search, and may be required to be stored during the event. Failure to comply with the Kwanmukan' rules and regulations is grounds for immediate dismissal from Membership or an event. Persons dismissed from the Membership or an event shall not be entitled to a refund or cancel any unpaid balance due. Member's failure or inability to use all of the facilities, classes or services offered at the Membership or event for any reason, except as otherwise provided herein does not relieve or suspend the Member's obligation to make all payments required hereunder on a timely basis, nor entitle the Member to a refund or credit. Member understands and agrees that payment for the Membership or event is not a guarantee or promise of satisfaction.
2. BILLING AND PAYMENT: Billing and payment processing for Kwanmukan’s membership or events is performed by Member Solutions, Inc. ("MSI"), and this contract is specifically assigned to MSI for all such purposes. Member knowingly and irrevocably authorizes MSI to charge electronically Member's bank account and/or credit card for any and all amounts due for Member's, and anyone registering under Member's, attendance and participation in the Membership or event. Any returned payment will be assessed a $25.00 fee. Any unsuccessful electronic transaction is subject to a $10.00 processing fee. MSI is not responsible for any bank fees incurred by Member. MSI has the sole right to resubmit returned or declined items (plus applicable fees) without prior notice. BILLING INQUIRIES -- 888-244-8044 or by mail to PO Box 297, Hatboro, PA 19040.
3. SIGNATORIES. Any person(s) signing this agreement, whether as a Member, co-signer or otherwise shall be jointly, severally and individually liable to Kwanmukan and MSI for the full contract price as if such person signed as the Member. All persons signing this agreement assume responsibility for all costs of collection, including but not limited to collection agency fees, court costs, attorney's fees, and late charges that may be incurred in the membership or event of a default. Any person (s) signing this agreement authorizes the use of a disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership. Any person signing this agreement authorizes the use of a disclosed cell phone or telephone number for autodialed or pre-recorded voice calls and text messages for billing related issues including, but not limited to, expiring billing information, or overdue account balances.
4. MEMBER'S RIGHT TO CANCEL: If you wish to cancel your registration, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to MSI and Kwanmukan. If your notice of cancellation is received more than 10 days prior to the Membership or event, no administrative fee will be charged. Any cancellation received 10 days or fewer before the Membership or event shall result in a per person administrative fee equal to the lesser of $25 or 30% of the Membership or event cost. MSI is not responsible for any refunds. Member further agrees that once the registration is submitted, this Agreement is a legally binding and enforceable obligation of Member.
5. RELEASE; INDEMNIFICATION: Member understands and agrees that his/her membership and participation in and attendance at any event is knowing and voluntary. Member understands and agrees that strict observation of the Kwanmukan rules and regulations is required and that use of the Membership or event facilities and the Member's membership or presence at the event are at the sole risk of the Member. Member indemnifies and holds harmless Kwanmukan, its instructors, dojos and officers and officials and MSI, and their officers, directors, employees and agents from and against any claims, demands, actions, liabilities, damages, costs or expenses, including court costs and reasonable attorneys' fees arising out of or relating to: (i) Member's participation as a Membership or in an event; (ii) claims against Kwanmukan and/or MSI by any third parties arising from or related to Kwanmukan' or MSI's actions and/or omissions, (iii) claims relating to any violation or alleged violation by Kwanmukan and/or MSI and/or any third party of the applicable laws relating to the conduct of the Membership or event; and/or (iv) claims arising from or relating to Kwanmukan' and/or MSI's performance of its obligations hereunder. Member specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her registration and/or participation in the Membership or event. Member's indemnification obligations shall survive the expiration or termination of this agreement.
6. COPYRIGHT; USE OF IMAGES: This Membership or event is copyrighted by Kwanmukan. Video, audio and/or any other means of recording of this Membership or event by Member are strictly prohibited. Violators will be dismissed from the Membership or event and Kwanmukan reserves all legal rights to pursue civil remedies. To inquire about obtaining a professional recording of the Membership or event, please contact Kwanmukan. Member, for him/herself and his/her/its officers, directors, employees, agents, representatives, successors, assigns, heirs, executors and administrators hereby irrevocably consents to the unrestricted use by Kwanmukan, its advertisers, clients, members, successors and assigns, of Member's name, likeness, statements, photograph or motion picture, for advertising, sale, marketing, promotion or any other purposes of trade and Member waives the right to inspect or approve such completed images used in connection therewith. Member grants to Kwanmukan the exclusive right to exploit and license or assign for exploitation all such matter or any approved derivatives thereof in any manner in any medium or field of use, in the form delivered.
7. UNAVAILABILITY; FORCE MAJEURE: Kwanmukan will use commercially reasonable efforts to hold the Membership or event. However, under no circumstances will Kwanmukan be held responsible for unavailability caused by circumstances beyond Kwanmukan' reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems nor can any reservation be cancelled, altered or amended once the Membership or event has commenced on the basis of circumstances beyond Kwanmukan' reasonable control.
8. COMPLIANCE WITH LAWS: This Agreement shall be governed by the laws of the State in which Kwanmukan is located. All rights and obligations of the Kwanmukan and Member under this Agreement are subject to all applicable federal, state and local laws and regulations. These terms and conditions shall be deemed revised to conform to applicable statutes, rules and regulations. Kwanmukan and/or MSI may modify the terms and conditions stated herein at any time in their sole and absolute discretion. Member shall be bound by the modified Agreement and agree that no other modifications shall be enforceable. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach.