Terms and Conditions

Terms and Conditions

INTRODUCTION

By becoming a member of Aikido of Scottsdale, LLC (“Aikido of Scottsdale,” “AOS” or “School”) or by participating in the martial arts classes or any of the classes or services offered by AOS, I agree to be bound by these terms and conditions.

1. WAIVER, RELEASE AND ASSUMPTION OF RISK.

Aikido of Scottsdale, LLC and its members, instructors, and affiliates (collectively, “School”), are unwilling to allow any activity on School’s premises (the “Premises”) if School has any liability for any claim arising or injury occurring, for any reason, anywhere on the Premises, or on the way to or from School.

You acknowledge that you understand that participation in the martial arts classes, instruction and activities offered at School involve physical contact between participants which includes, but is not limited to, grabbing, striking, pinning, throwing, and falling. You acknowledge that practicing Aikido or any other activity at School may involve these activities and that injuries can occur, including potentially serious injuries. Additionally, the activities offered by the school may be physically demanding. As with any other physical activity you are advised to consult with your physician before engaging in these activities. You represent to School that you are healthy and able to participate in all activities offered by School. You are solely responsible for knowledge of your own physical, medical, or health condition and ability. If you have any concern regarding your physical ability to participate in any activity at School or otherwise, you must immediately stop the activity and seek advice of a medical professional.

You further acknowledge that you have been fully advised of the risks of participating in the activities offered by the School and that you have had a chance to observe the classes and activities offered by the School prior to participating in those activities. You represent and warrant that have been so advised you are voluntarily participating in those activities and that you have personally assumed all the risks associated with such participation.

2. AUTHORITY TO TREAT.

I, the undersigned, give the instructors, staff, and responsible adults the power to authorize medical or other treatment of the person named here under “Participant Information,” subject to the limitations listed below if any. If I am not the person so named, I am the parent, guardian, or adult responsible for the person named, and I have the legal right to grant this power. Treatment may be made without regard to whether I or any other parent, guardian, or adult responsible has been contacted or has consented to the specific treatment, provided it does not conflict with the limitations outlined below. This authority begins on the date signed and continues indefinitely

3. NOTICE AND CONSENT OF PHYSICAL CONTACT.

Complete training involves a wide variety of skills. While practicing these skills, clients may have contact with any portion of the body. When male and female clients train together, or when adult and minor clients train together, and in any other training combination, the purpose and intent of the school, instructors, and staff is to provide an environment for all clients to learn and practice martial arts activities. Clients are expected to always conduct themselves appropriately to ensure the best training results for everyone. Should any client feel a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue and unacceptable advantage of training contact, or if a client is made uncomfortable by any training exercise or partner, then that client has the right to withdraw from the exercise or drill. If the conduct of the training partner appears inappropriate, the client should inform an instructor privately. If the conduct of the training partner appears criminal, then an instructor should be informed and the authorities may be notified either by the client or the instructor, or both. I understand the nature of physical contact in martial arts and I understand that I have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training or makes me uncomfortable. I agree to abide by school etiquette in all matters pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training allows.

4. CORONAVIRUS / COVID-19 WARNING, DISCLAIMER, AND CUSTOMER WARRANTY.

Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-toperson contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in AOS programs or accessing AOS facilities could increase the risk of contracting COVID-19. AOS in no way warrants that COVID-19 infection will not occur through participation in AOS programs of accessing AOS facilities. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating visitors shall visit or utilize the facilities, services, and programs of AOS (other than any exclusively online services and programs) within the timeline after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19 as deemed by the CDC. The undersigned agrees to check the CDC Travel Health Notices list prior to utilizing the facilities, services, and programs of AOS, on a daily basis if necessary. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating clients/guests shall visit or utilize the facilities, services, and programs of AOS if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify AOS immediately if he or she believes that any of the foregoing access/use restrictions may apply. The undersigned acknowledges and assumes both the known and potential dangers of utilizing the facilities, services, and programs of AOS and acknowledges that use thereof by the undersigned and/or such participating children may, despite the AOS’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

5. RIGHT TO USE IMAGES.

You hereby grant School permission to use your photograph, video image, and likeness in any manner without payment, royalty, or other compensation, in perpetuity. You authorize School to edit, alter, copy, exhibit, publish, and distribute any image. You hereby hold harmless and release and forever discharge School from all claims, demands, and causes of action in connection with School’s use of your likeness.

6. PUBLICITY.

You hereby grant permission to AOS to use your photograph in any electronic or printed publications without further consideration.

7. FEES AND PAYMENT.

By becoming a member, I agree to pay those membership fees applicable to members of the School. Those fees may be increased from time to time upon reasonable notice.

Memberships will automatically renew based on the billing cycle selected. Thirty (30) days written notice is required to freeze or cancel the monthly auto-renew. Freezes longer than one month are subject to a rate increase. $20 returned payment fee will automatically be charged to the client’s account for declined dues. I have read and understand the Program Pricing Details, read the Terms and Conditions, and am enrolling in the above membership.

Agreements may be canceled after the initially agreed term with thirty (30) days written notice. Written notice must be sent by email requesting a cancelation or freeze of membership to sensei@aikidoofscottsdale.com with 30 days written notice. An email confirmation response will then be forwarded to the client when the email has been received. If you have not received your confirmation response, you must contact us within five (5) days of delivery to confirm that your request was received. AOS is not responsible for messages not received. If multiple family members are enrolled, cancelation will result in an adjustment of the remaining family membership family discounts for their current programs. Lack of attendance does not imply the cancelation of the agreement. Freezes longer than one month are subject to a rate increase. If a payment declines, a $20 returned payment fee will automatically be charged to my account.

ALL MEMBERSHIPS ARE NON-REFUNDABLE.

8. BINDING AGREEMENT.

You acknowledge you have read this agreement and understand that an electric confirmation of contract is a legally binding and enforceable obligation and you agree to comply with all the provisions, terms, and conditions set forth on both sides of this agreement. You acknowledge You have received an electronic copy of this agreement. You agree to pay the balance bill set forth on this agreement.

You understand that an electronic confirmation of this contract includes agreeing to the conditions set in the WAIVER AND RELEASE AND ASSUMPTION OF RISK AGREEMENT. You acknowledge that an electric confirmation of contract is a legally binding and enforceable obligation and I agree to comply with all the provisions, terms, and conditions set forth on both sides of this agreement. You agree to pay the balance bill set forth on this agreement.

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