Conditions of Membership

MEMBERSHIP AGREEMENT CONDITIONS AND TERMS

MEMBER’S HEALTH WARRANTY

MEMBER warrants and represents that Member(s) party to this agreement has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise or that will be detrimental or inimical to his/her health, safety or physical condition if he/she does so engage or participate. This representation is made by the Member (or Guardian thereof), knowing that DSATaekwondo will rely upon same in respect to the issuance of this agreement. Member understands that DSATaekwondo is not in any way responsible for Member’s actions or his/her physical well‐being and that if Member is in doubt about any part of his/her capability for physical training, Member will consult his/her personal physician.

RELEASE OF LIABILITY

DSATaekwondo, DSA Kali, Bagani Kali Combatives, DS Andaya Enterprises Ltd and DSA Martial Arts shall be used interchangeably and refer to the seller in this agreement.

In consideration of being allowed to participate in any way in the DSATaekwondo program, and related events and activities, the undersigned:

a. Acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence but the actions, inactions or negligence of others, the rules of play, or the condition of the premises or of any equipment used. Further, that there may be other risks not known to us or not reasonably foreseeable at this time.

b. Acknowledge and fully understand that viral and infectious diseases including but not limited to COVID-19, SARS, MERS and Influenza (the “Diseases”) are highly contagious and are believed to spread mainly from person-to-person contact. Notwithstanding attempts to put in place preventative measures to reduce the spread of Disease, Members agree that DSATaekwondo cannot guarantee that members and/or their families will not become exposed to any Diseases as a result of attending our classes in our premises. Members attend on their own free will and accept all the risks.

c. Assume all the foregoing risks and accept personal responsibility for the damages following such injury, infection, permanent disability or death.

d. Release, waive, discharge and covenant not to sue DSATaekwondo, its affiliated clubs, regional sports organizations, their respective administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as “releasees” from any and all liability to each of the undersigned, his or her heirs and next of kin for any and all claims, demands, losses or damages on account of infection from a disease or injury including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasee or otherwise.

e. DSATaekwondo reserves the right to make changes these conditions without prior notices to the member.

RULES, REGULATIONS AND SCHEDULES

Member agrees to abide by the Rules, Regulations, Policies and Schedules of the facility, which may be posted by Management and/or issued orally, and which may be amended from time to time at Management’s discretion and good advice. See Rules.

DUES

Members must pay in the beginning of each block. A block is 4 weeks of classes as determined on the Class Schedule. Termination notice rules apply.

ATTENDANCE AND STAT HOLIDAYS

Regular class attendance is important for progress. MEMBER must understand responsibility to attend classes and that MEMBER is obligated to pay all dues whether or not the MEMBER attends classes. There are no classes on Statutory Holidays or in case of weekend holiday, the Monday following it. Statutory holiday off is included in the determination of fees set for the year. At least 30 day written notice must be provided in case of long absence (more than 2 weeks). Full fees apply if notice is not provided. Make up classes will only be provided if the school suspends classes through no fault of the students. When spaces are available, student may attend extra classes to make up for missed classes upon prior approval by the DSATaekwondo.

NOT A DAYCARE

DSATaekwondo is a fitness and martial arts school and not a daycare, and as such it’s stock in trade is not supervision and care, but the physical and character building skills of the martial arts. We understand that DSATaekwondo does not contract to provide continuous personal supervision in respect to use of its facilities. Parents and Guardians must come on time to pick up their kids.

PHOTOS/VIDEOS

All pictures and/or recordings (video or audio) taken in class or other events may be used for future public relations, public information, club promotion, publicity, and instruction. No monetary consideration shall be paid and that such materials may be used in subsequent years. S

IN CASE OF EMERGENCIES

MEMBER (or Guardians thereof) authorize the club and it’s instructors to take the MEMBER to the hospital or medical clinic for immediate medical care. MEMBER gives consent to transport by ambulance if the situation warrants it at MEMBERS expense.

SUSPENSION OF MEMBERSHIP

Management has the right to suspend and/or terminate any members for nonpayment of fees as agreed, for other fees as used and charged, for violation of rules or good order, or for behavior contrary to the enjoyment of the facilities by other members. Member may request suspension of a membership (such remaining time on the membership to be used at a future date) if, upon WRITTEN order by a duly licensed medical physician, surgeon or chiropractor, Member cannot partake of ANY OF THE SERVICES offered by DSATaekwondo, because of significant physical disability.

RIGHT TO TERMINATION AND CANCELLATION

Membership agreement may not be terminated, except for conditions set out in the consumer’s protection act of British Columbia (Consumer’s 10 Day Right to Cancellation & subject to distance of permanent move) other than:

a. if upon a licensed medical physician’s, surgeon’s or chiropractor’s orders, a member cannot physically receive any of the services because of significant physical disability for a period exceeding twelve (12) continuous months;

b. if a member dies, his/her estate shall be relieved of any further obligation due to membership;

c. if a member moves his/her residence thirty (30) or more KM from any Taekwondo club operated/associated with DSATaekwondo;

d. if all services cease to be offered as stated in the agreement;

e. if in the case of a Month‐to-Month Membership, all written approved cancellations by DSATaekwondo will be in effect only 30 days from the next payment date. Therefore, making the member responsible for a last month of membership dues; Or

f. Members enrolled on multi‐month programs, upon 30 days notice before the next charge date, may terminate membership only at the end of paid subscriptions. No other terminations will be allowed, nor refunds offered. Membership runs continuously, and no temporary holds, suspensions, freezes or transfers are allowed due to work schedules, travel schedules or personal needs.

MEMBER’S OBLIGATIONS

Payments must be made on or before the beginning of each block to reserve your space. Except upon proper expressed cancellation rights, MEMBER is not relieved of his/her obligation to make payments as agreed. No deductions or allowances from any payments shall be made by reason of member’s failure to attend or use the services of DSATKD.

CLOTHING AND PROTOCOL

Member is bound to an agreement to exercise in proper Taekwondo Uniform (Dobok). During tryout sessions, new MEMBERs may wear white shirt and sweat pants. On hot summer days, white shirt, any color taekwondo shirt and dobok pants are allowed. No footwear will be allowed while in training. Jewelries and other paraphernalia must be removed prior to start of training.

RETURNED PAYMENT AS A CHECK, BANK DRAFT OR CREDIT CARD

Member is bound to make good immediately on Returned payments, and will suffer a charge of Forty dollars ($40.00) for each incidence. Membership privileges may be suspended by Management until restitution is made.

UNPAID BALANCES

Any overdue balance is subject to a service fee and may also result in suspension of membership privileges until such balance is paid. In the event of unpaid Balance Payment on a purchased longer term membership, original payments will be applied to time purchased and the membership shall revert to that agreement. Any balance due over thirty (30) days may result in suspension of membership, and MEMBER will be responsible for any and all collection costs and legal fees suffered by Management in an attempt to collect payment.

VALUABLES AND PERSONAL PROPERTY

Members are urged to avoid bringing valuables onto club premises. Management, its agents, affiliates, representatives and employees are not liable for storage, safekeeping, loss, theft of nor damage to personal property of members or guests.

CLASS SCHEDULE AND PICK-UP

DSATKD reserves the right to change the member’s schedule according to their level of skill. Late fee $1 per minute will be charged for late pick ups.

ENTIRE AGREEMENT.

This agreement constitutes entire and exclusive agreement between the parties (DSATaekwondo and MEMBER). Any promises, representations, statements, understandings and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein are hereby waived. This Agreement may be modified only by an instrument in writing, signed by both DSATaekwondo and MEMBER. Employees are not authorized to make any independent agreements which are not general policy of this club.