Entered into and between Seijin Shorin-Ryu Shorinkan hereinafter referred to as "SSRS” and/or Sensei RJ Lawrence the student requesting membership herein (hereinafter referred to as the “karateka”).
SSRS/RJ LAWRENCE and the Karateka intend to conclude an agreement in terms whereof SSRS/RJ LAWRENCE will allow the Karateka to participate and train in a class environment on terms and conditions as set forth herein. The parties here to desire to record the following in writing:
The Karateka understands and appreciates that participation in Karate includes certain dangers and risks, some of which include: Injury or injuries and death sustained and/or resulting from participating in a competition or training session as well as possible injury suffered at the premises of the training facility or competition venue.
The Karateka further acknowledges that the previous list is not inclusive of all possible risks associated with participation and that the above list in no way limits the extent or reach of this Waiver/Disclaimer.
IT IS AGREED AS FOLLOWS:
1. WAIVER AND INDEMNITY
The Karateka acknowledges that the activity in which s/he participates by its very nature carries inherent risks which could cause him/her to sustain bodily injury and/or suffer damages and possible death and waives any claim so arising for him/herself or any heirs or executors against SSRS/RJ LAWRENCE or its proprietors, members, other Karateka, employees, tournament organiser or body, team manager, coach, landlord, any associated or affiliated third party or anyone else involved in any way with SSRS/RJ LAWRENCE and hereby waives and releases any and all claims, cause of action, losses, damages, costs, expenses (included but not limited to all legal fees), either known or unknown, now existing or arising in the future, that may have whatever kind or nature against any SSRS/RJ LAWRENCE or its proprietors, members, other Karateka, employees, tournament organiser or body, team manager, coach, landlord, any associated or affiliated third party or anyone else involved in any way with SSRS/RJ LAWRENCE. The Karateka further indemnifies and holds harmless SSRS/RJ LAWRENCE and all such associated persons against all and any claims howsoever the same may arise.
2. DISCLAIMER
The Karateka makes use of SSRS/RJ LAWRENCE’s facilities entirely at his/her own risk and agrees that the SSRS/RJ LAWRENCE will not be held liable and/or responsible for any loss, injury, damages, death, and/or compensation of whatsoever nature and howsoever arising as a result thereof, irrespective of whatever negligence or gross negligence exists on the part of the SSRS/RJ LAWRENCE its proprietors, members, other Karateka, employees, tournament organiser or body, team manager, coach, landlord, any associated or affiliated third party or anyone else involved in any way with SSRS/RJ LAWRENCE, whether gross or otherwise, and the Karateka does hereby waive any claim it may have against the SSRS/RJ LAWRENCE as a result thereof.
3. MEDICAL FITNESS
The Karateka hereby warrants that s/he is medically fit so as to participate in activities of this nature and it is agreed that it is not the responsibility of SSRS/RJ LAWRENCE to have the Karateka undergo any medical examination, the onus and duty being on Karateka him/herself to do so.
SSRS/RJ LAWRENCE shall not be obliged to request the Karateka to provide any medical certificate and shall be entitled to accept by virtue hereof that the Karateka certifies and warrants that he/she is medically fit and able to participate. Furthermore the Karateka acknowledges that he/she is entirely at liberty to cease training whenever he/she feels this not to be the status quo, whether during or before training or competition. The SSRS/RJ LAWRENCE, its proprietors, members, other Karateka, employees, tournament organiser or body, team manager, coach, landlord or any associated or affiliated third party shall not be liable for any claim or injury or loss or damages arising from or in connection with the agreement.
4. PAYMENT OF FEES
Term fees are due and payable on either a monthly basis in advance or per school term(three months) in advance on or before the first lesson of that month. Regardless of the manner of payment, should a Karateka wish to cease membership, three months written notice (one term) is to be given to SSRS/RJ LAWRENCE. No fees paid are refundable.
Whilst payment is expected when due, SSRS/RJ LAWRENCE firstly remains committed to its Karateka and their continued development and the dojo door is therefore always open to finding a solution to any situation which potentially stands in the way of a Karateka's continued development.
5. EXPULSION/SUSPENSION
SSRS/RJ LAWRENCE subscribes to the karate maxims of character, ethic, effort, sincerity and self control. Conduct which is dishonorable or which brings St Andrews school (our landlord) or SSRS/RJ LAWRENCE into disrepute in any manner whatsoever, will be dealt with appropriately, which could result in the karateka's expulsion from Seijin. Seijin reserves its right, after consideration, to impose an appropriate sanction or remedial action, in its exclusive and absolute discretion.
6. GENERAL
The Karateka further agrees that any pictures taken of or by him/her can be used by SSRS/RJ LAWRENCE for publicity or promotional purposes without compensation and without further consent.
The karateka, for purposes hereof and in the case of a minor, includes the minors guardian who sign below in acceptance and agreement of the above.