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Enrollee (Parent/Guardian if enrollee is a minor) agrees to abide by and pay all amounts pursuant to the terms of this agreement and has read this Agreement before signing and agrees to the terms and conditions set forth therein. Enrollee should take promotion examinations upon the recommendation of the Instructor. Memberships, Uniforms, Seminars, Examinations, Tournaments, etc., are separate fees not included in the terms of this agreement.
STUDENT AGREEMENT
The G. Bleil Group LLC, dba Dayton Area Taekwondo Centers, ("School") agrees to provide instruction in Martial Arts to the Enrollee during the scheduled instruction hours of the School not later than 60 days from the date of this agreement.
Enrollee understands that it is his/her responsibility to attend instruction sessions. Enrollee understands that the entire course fee stated on the front side is due and payable according to the terms of this agreement whether or not the Enrollee chooses to attend instructional sessions provided by the School. In consideration for the School's promises to instruct and provide instructional Facilities, Enrollee agrees and promises to pay the course fees shown in front. In the event of default in payment of any installment or fee in accordance with the terms above, or a breach of any of the covenants herein contained to be performed by the Enrollee, the balance due under this agreement shall become immediately due and payable.
It is hereby acknowledged and agreed that the School's liability for any and all claims arising under, out of, or in relation to, this agreement (including, without limitation, any claims relating to injuries sustained by any student listed herein) shall be limited to the total fee paid by the enrollee hereunder.
Enrollee understands that he/she is training at his/her own risk, that there is a risk of personal injury, including death, involved in the School's course of instruction, and with this knowledge agrees to indemnify and save harmless the School, its owners, principals, employees and agents for all damages or claims arising from any accident or injury to him/her, or to any persons injured by Enrollee in any way during training, examinations or competitions. Where the ³Enrollee² is a minor, the parent/guardian acknowledges that they have evaluated and assessed the risks, and they agree to indemnify, hold harmless, pay legal defense fees on behalf of, etc., the School, its owners, principals, employees and agents for any claims arising out of the minor¹s participation. The School will make no evaluation or recommendation whether Enrollee is sufficiently physically fit for participation in its program or competition. It is advisable to consult your physician before beginning participation in this program. Enrollee represents that he/she is in good physical condition and has no disability, impairment or ailment preventing Enrollee form engaging in active or passive exercise, or that will be detrimental to his/her health, safety or physical condition or that of others.
Enrollee (Parent/Guardian where the student is a
minor) hereby indemnifies the School against, and agrees to save it harmless from any and all liability, loss, cost, and/or expense (including reasonable attorney fees and costs of defense) which it may incur or suffer, as a result of (i) the failure of any student listed herein to follow the rules and regulations of the School, and (ii) any and all claims or causes of action or on behalf of any such Enrollee(s) relating to, or arising out of, loss, damage, or injury sustained by such Enrollee(s) while in, on, or while in route to or from any training hall or other premises leased to, owned by, sanctioned by, or under the control of the School. This indemnity and hold harmless clause is perpetual in nature and shall survive the termination of this contract.
The School and its agents and employees shall not be responsible for damaged, lost or stolen articles inside or outside of the facility.
The School reserves the right to amend or add to these rules and conditions and to adopt new rules and conditions as it may deem necessary.
If the Enrollee desires to transfer his/her membership to an immediate family member, a transfer fee will be assessed to cover costs which will not exceed $35.00 upon execution of new contract. Memberships obtained at a special rate are not transferable or freezable.
The Enrollee irrevocably authorizes the School, its successors and assigns, and those acting under its authority, to copy, use, publish, for art, advertising, trade, or other lawful purpose whatsoever, photographic portraits, pictures or videotapes of Enrollee, in which Enrollee may be included in whole or in part.
In consideration of the training obtained, Enrollee agrees that he/she will not, during the continuance of this agreement, and for a period of two (2) years following termination of his/her association with the School, engage in teaching Martial Arts or offering similar training or instruction within a 50 mile radius of any school operated by the School without the express written authorization of same.
If by reason of death or disability Enrollee is unable to receive instruction, Enrollee shall only be liable for payments for that portion of this agreement that can be attributed to the period prior to Enrollee's death or disability and the School will return to the Enrollee or Enrollee's representative any fees paid in excess or the proportional amount within 30 days after receipt of notice of Enrollee's death or disability.
If (a) Enrollee gives the School written notice of his/her intent to relocate and requests therein that this agreement be terminated, and actually relocates 25 miles or more from the School and a substantially similar facility that would accept the School's obligation under this agreement is not within twenty-five miles of the buyer¹s residence, or (b) if the School relocates its facility 25 miles or more from Enrollee's residence, the Enrollee will be liable for payments only for that portion of this agreement that can be attributed to the period prior to the Enrollee's actual relocation or the School's actual relocation/closing. School will return any fees paid by Enrollee in excess of the proportional amount.
Severability: If any part of this contract is deemed or found to be invalid or unenforceable, that portion only shall be deemed stricken and the remainder of the contract shall remain in full force and effect.
All information and material of a personal or private nature that is acquired directly or indirectly from Enrollee, including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by Dayton Area Taekwondo Centers to Enrollee by regular mail within 30 days after expiration of this contract or after the expiration for any reason of the services to be rendered by Dayton Area Taekwondo Centers.
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