THANK YOU FOR BEING A WAH LUM MEMBER!
MEMBER AGREEMENT
1. STUDENT FITNESS – The Student and Legal Guardian, if applicable (hereinafter collectively as the “Student”) represent to the School that the Student has had the opportunity to observe the program selected by the Student prior to signing this agreement and that he/she is physically and mentally fit to take classes offered by the School in that program or any others selected by the Student.
2. UNAVAILABILITY – If the School or its facilities are substantially unavailable for use due to damage or loss by fire, accident, renovations, sickness, epidemics, acts of God or any other causes, the Student’s program will be extended for a period of time to equal to the time of lost availability, but no refund or credit will be due the Student. The Student understands that instructional classes may not be held on national or local holidays, scheduled vacations, school activities or other times as directed by the School. No makeup classes are permitted.
3. LIABILITY WAIVER AND RELEASE – The Student is voluntarily participating in the School’s programs and activities, and Student is voluntarily using of the School’s facilities and premises, including, the Wah Lum Cultural Center and Control Your Health Studio. The Student understands and agrees that strict observation of the rules and regulations, including the use of protective equipment, is required and that the use of such facilities and the Student’s participation in the School’s programs and activities are at the Student’s sole risk. The Student understands that martial arts involves defensive and offensive skills and training which include aggressive and sudden movements and that in connection with the School’s training and instructional sessions, there will be physical contact between the School’s instructors and the Student, and between the Student and other students of the School, and that such contact may result in personal injury, illness, paralysis or death despite the best intentions and following adequate precautions. The Student knowingly and voluntarily waives, releases and discharges the School and its affiliates, instructors, students, employees, managers, members, directors, officers, agents and representatives for any and all claims, causes of action, injuries and damages of any nature arising out of or relating to Student’s participation in the School’s programs, martial arts training, instructional sessions and all other activities, wherever conducted, including, without limitation: (a) any injury, illness, paralysis, death, economic and emotional damage, resulting from, relating to or caused by any actions, omissions, negligence, errors or recklessness of the School and/or its instructors, students, employees, managers, members, directors, officers, representatives and agents; and (b) any injury, illness, paralysis, death, economic and emotional damage, resulting from, relating to or caused the presence of or transmission of any bacteria, viruses or infectious diseases. The School and its instructors, students, officers, directors, agents, employees, managers, operators and authorized representatives, shall not be responsible for and are hereby released from any liability, claim, loss, including loss of property, damage, personal injury, death or expense suffered by the Student or anyone claiming through the Student, arising out of or related to any activity or program connected by the School including, but not limited to, any caused by the negligence, or gross negligence of the School or its instructors, students, agents, employees, operators, or authorized representatives.
4. CLASSES / CONTACT – Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the School and may be changed from time-to-time upon notice by the School. School agrees to furnish the Student with instructors and assistant instructors to teach and supervise classes, practice sessions and contests conducted by the School. The Student understands that during the course of instruction, School instructors, any authorized personnel and/or other students will be engaged in a course of conduct requiring physical contact with the Student. He/she gives full consent to such contact as is required by the training program and classes. Student agrees and gives permission to being photographed or filmed during the School’s activities and programs, which may be used for promotional purposes in perpetuity, without compensation.
5. COMPLIANCE WITH LAWS AND REGULATIONS – All rights and obligations of the School and Student under this agreement are subject to all applicable federal, state and local laws and regulations. When in conflict of this agreement, the contents of such laws and regulations shall be deemed to expressly modify this agreement and the agreement shall be deemed reworded to incorporate such text as may be necessary in order to make this agreement in compliance therewith. The School and Student agree to continue to be bound under the modified agreement including such text and further agree that no other modifications shall be deemed made to the agreement. If any portion of this agreement shall be deemed unenforceable, no other portion shall be unenforceable. Any waiver or delay by the School in enforcing any right under this agreement will not be a waiver or release thereof.
6. ACCEPTANCE OF STUDENT and CO-SGINOR – Upon acceptance as a student by the School, the Student agrees to faithfully comply with all provisions, terms and conditions hereof, including all rules and regulations of the School. The School reserves the right, in its sole discretion, to immediately suspend or terminate the Student from participation in any of the School’s training programs, instructional classes and other activities as a result of the Student’s repeated failure to comply with any rules and regulations of the School. Suspension or termination of the Student shall not entitle the Student to a refund or credit for any tuition already paid or cancel any unpaid balance due. Examination/Testing Fees are not included in the monthly payment due under this agreement. The person(s) signing this agreement as a co-signer agrees to be jointly, severally and individually liable to the School as if signing as the Student.
7. RENEWING or CONTINUING – The Student understands and agrees, that if Buyer/Student decides to continue classes or training with the School, all terms and conditions of this agreement shall continue and remain in full force and affect, until such time as a new agreement with the School is signed by the Student.
8. NON-USE – The failure or inability of the Student to use the facilities, classes or services of the School for any reason, will neither relieve nor suspend the Student’s obligation to make all payments required under this agreement on a timely basis, nor entitle the Student to a refund or credit of tuition. The Student understands there are no makeup classes, unless the School receives a letter from the licensed physician with full detail of injury and the amount of weeks the Student must be excused from doing any form of exercise. Makeup classes must be done within 2 weeks after the date the Student is permitted by his or her physician to participate again in exercise. After the Cancellation Period expires, this agreement may not be cancelled or terminated without good cause and all payments must be made as agreed, REGARDLESS OF ATTENDANCE.
9. DISABILITY – The Student may extend the term of the agreement at no additional cost for a period of time equal to the duration of a disability where the Student has a temporary disability which precludes the Student from participating in the School’s program for a period of less than 6 months and the disability is verified in writing by a licensed physician. The Student or his/her legal representative may cancel this agreement if the Student dies or becomes permanently disabled as verified in writing by the Student’s licensed physician.
10. RELOCATION – The Student may cancel the agreement if the Student permanently moves more than 25 additional miles from the School and is unable to transfer the agreement to a comparable facility located within 25 miles of his/her new residence. Student must submit written proof of relocation within 30 days after the Student’s relocation.
11. DEFAULT – The Student shall be in default of this agreement in the event that: (a0 he or she fails to deliver to the School any payment required by this Agreement within 60 days from the date said payment is due; or (b) the Student materially fails to perform or comply with any other term or condition of this Agreement. In the event the Student is in default of this agreement, the School shall have the option to accelerate and declare the entire balance for this agreement to be immediately due the School upon written notice to the Student.
12. ADDITIONAL FEES – In the event Student defaults under this agreement, the School shall be entitled to recover its reasonable attorneys’ fees, collection expenses, court costs and interest at 18% per annum on the Student’s unpaid balance due the School The student agrees to pay a $50 administrative fee for each material change to this agreement once it has been approved by the School. Official Certificate recognition will be issued to the Student by the School upon the successful completion of any examination and the requirement thereof. Note: “Certificate Testing Fees, Not Included”.
13. CONFIDENTIALITY – Except as expressly permitted by the School, the Student shall not sell, market, exchange, disclose, or transfer to any person or entity any information or materials concerning: (a) the School; (b) its procedures, theory, methods and processes; (c) the Wah Lum name; and (d) the skills, techniques and movements of Wah Lum Kung Fu and Tai Chi. This prohibition includes posting such information or materials on the Internet without the express permission from the School.
14. ONLINE CLASSES: The Student agree to the following for taking online classes: (a) wear full Wah Lum Temple issued uniform; (b) download Zoom or other software to login to the classes with the Student’s first and last name; (c) pay monthly tuition dues to have access to online classes; (d) if the Student misses the online time, the class is forfeit for the day; (e) the Student shall NOT video, record, or attempt to duplicate the online class in anyway; (f) maintain a private and safe training environment at the Student’s own risk; and (g) respect the privacy of the instructors and my fellow classmates.
15. HEALTH MATTERS – Before entering any of the School’s facilities, the Student agrees and affirms that he or she: (a) does not have any fever, cold or flu; (b) does not have any other contagious virus, illness or other infectious disease; (c) has not been in contact with anyone who has a contagious virus, illness, or other infectious disease within the last four weeks; and (d) sanitizes their hands prior to entering any of the School’s facilities. While on any of the School’s premises or in its facilities, the Student agrees and affirms that he or she shall strictly observe and follow all health rules and protocols of the Center for Disease Control, the Florida Department of Health and the School, including, without limitation: hand washing, maintaining a minimum distance of 8 feet from any other person and use only the Student’s own equipment.
16. MISCELLANEOUS – If a court of law finds any part of this agreement to be unenforceable, unlawful, invalid or void as against public policy, then the remainder of this agreement shall remain in full force and effect. This agreement shall be governed and construed in accordance with the laws of Florida. Venue for any action or proceeding relating to or in connection with this agreement shall be exclusively in Orange County, Florida. This agreement contains all understandings and representations between the School and the Student pertaining to its subject matters and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral. This agreement may only be amended or modified in writing and signed by the School and the Student.
17. JURY WAIVER: The Student and the School knowingly and voluntarily waive any right to trial by jury in connection with or relating to any litigation, lawsuit, claim and action arising out of or relating to this agreement, the parties’ obligations and performances due hereunder, the School’s premises and facilities, and the Student’s participation in the School’s martial arts training, instructional sessions and all other activities, wherever conducted.
18. Student may only attend classes on his or her scheduled days and there are no makeup classes regardless of the reason. In the event Student terminates the auto renewal option, a $50 administrative fee will be charged if Student re-enrolls in classes.
Student and Legal Guardian have read and agree to all terms and conditions of the agreement, including the waiver and release of liability.