The Member understands and agrees that examinations/belt testing, workshops, seminars, tournaments, photo shoots, parties, camps and other events are optional, not included in the Monthly Membership Fee, and offered at an additional cost.
AUTOMATIC RENEWAL
This Agreement shall be automatically renewed every month unless terminated by either party.
MINOR CHILD MEMBERSHIP
Any Member who is under the age of 18 must have a parent or legal guardian sign and guarantee this Agreement. The signer, along with the Member, agrees to be bound by all the terms and conditions of the Agreement including payment session dues, and any other costs incurred. The Parent(s) and/or legal guardian(s) do/does hereby approve and execute(s) this Agreement on behalf of the
Member and themselves.
UNIFORM AND PROTECTIVE EQUIPMENT PROTOCOL
The Member is responsible to acquire and use his own karate uniform and safety equipment. Karate uniform and safety equipment must be purchased from NOLA Champion only.
REPRESENTATIONS
The Member represents and warrants that he/she is physically and mentally fit to participate in the NOLA Champion activities (“Activities”) and that he/she has no medical reason, impairment or disability that might prevent the Member from using the NOLA Champion facility and participating at its classes or any other events. NOLA Champion will never provide professional medical advice. The Member acknowledges that he/she has consulted a physician if they have a medical condition, injury, physical limitation or any doubt as to their condition. Participation in the activities is at the Member’s discretion, and the Member is expected not to exceed his own physical limitations.
DISCLAIMER
The Member hereby states he/she is and will be voluntarily participating in the activities. The Member understands and acknowledges that karate is a potentially dangerous activity involving risks that may be caused in whole or in part by their own actions, inactions or negligence, or in the actions, inactions or negligence of others participating in the activities. The Member expressly accepts all risks both
known and unknown and assumes all responsibility for any and all injuries, damages, liabilities, losses, or expenses in which he/she incurs as a result of their participation in the activities.
PERSONAL CONDUCT
The Member agrees to observe and obey all posted rules and warnings, and further agrees to follow any oral instructions or directions given by NOLA Champion AND ANY OF ITS ADMINISTRATORS, MANAGERS, OWNERS, DIRECTORS, AGENTS, OFFICERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, ASSOCIATES, SUCCESSORS OR
ASSIGNS (collectively, the “NOLA Champion Parties”). The Member is required to conduct themselves in a manner that permanently protects the safety of others. Each Member accepts sole responsibility for their own conduct and actions while participating in the activities and the condition and adequacy of any equipment that they might own and supply in conjunction with those activities. The Member is
aware that portions of the activities may not be guided or supervised at all times by NOLA Champion and/or NOLA Champion Parties. The Member has the right and responsibility to excuse themselves from any exercise they believe can be harmful to them. The Member agrees to pay for all damages to the facilities of NOLA Champion caused by Member’s or Member’s family’s’ an/or Member’s guests’ negligent, reckless, or willful actions.
CLASSES
The Member understands that scheduling and content of classes and programs, furnishing of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of NOLA Champion. The Member understands that NOLA Champion reserves the right to change the schedule and place of training. NOLA Champion reserves the right to cancel or
reschedule classes due to inclement weather, emergencies or other concerns.
MEDICAL TREATMENT CONSENT
The Member authorizes NOLA Champion and/or NOLA Champion Parties to administer emergency medical treatment for the Member,
including hospitalization, as they may deem necessary at any medical facility of its choice. The Member understands and agrees that
NOLA Champion and/or NOLA Champion Parties assumes no responsibility for any injury or damages which might arise out of such
medical treatment. The Member agrees to pay for any costs related to medical treatments that are not covered by the Member’s
insurance or to pay for all costs in case if the Member has no medical insurance.
HOLIDAYS OBSERVATION AND SPECIAL EVENTS
NOLA Champion may close its facilities for selected holidays and/or special events, including 10 days of Christmas/New Year’s holiday
break.
TERMINATION FOR CAUSE
Non-payment of scheduled payments in excess of 30 days or repeatedly late payments shall constitute default under this Agreement. In case of default, the entire amounts owed hereunder shall become immediately due and payable. NOLA Champion may, at its option, terminate the Member’s membership if the Member is on default and if (i) Member´s automatic monthly dues are interrupted
or discontinued for any reason and he/she does not provide an acceptable payment alternative, (ii) the Member fails to follow any of NOLA Champion Facility Rules or violates any part of this Agreement or (iii) the Member´s conduct is improper, harmful or contrary to the best interest of NOLA Champion or its members. Termination is effective on the date NOLA Champion sends a written notice to the Member’s last registered address or email address.
NOTICE TO MEMBERS
Do not sign this Agreement before reading its entirety. The Member is entitled to a copy of this Agreement. The Member acknowledges that he/she has been notified: (A) That this document is an Agreement and will become legally binding upon its acceptance by NOLA Champion; (B) of the terms and conditions of this Agreement. There are no warranties either expressed or implied which extend beyond this Agreement. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.
COMPETITION TEAM SELECTION
NOLA Champion reserves the right to select and invite its Members to the competition team (“Competition Team”). Competition Team selection is based on but not limited to Member’s attitude, effort, coachability, attendance, desire to improve, and involvement in events. Only members of the NOLA Champion competition team can participate at karate tournaments. NOLA Champion does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, or sexual orientation. NOLA Champion is committed to provide an inclusive and welcoming environment for all Members.
CONFIDENTIALITY OF AGREEMENT
The Member agrees that this Agreement and its terms are strictly confidential and shall not be disclosed to any person, firm, corporation, or other entity, orally or in writing, except as may be necessary to comply with applicable laws and regulations, court orders or other process of law, confer with a financial advisor, tax preparer, or lawyer regarding the subject matter of this Agreement, or to enforce this Agreement.
INDEMNIFICATION
The Member, knowingly, freely and voluntarily assumes and accepts full responsibility for all risks, both known and unknown, and release, waive, discharge, covenant not to sue, and further agree to indemnify, defend and hold harmless NOLA Champion and/or NOLA Champion Parties from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any personal
injury, damage, disability, death and/or property loss, in relation to the Member’s attendance and/or participation in the events or activities of NOLA Champion , use of or presence at NOLA Champion facilities, and/or use of or presence at any location used to conduct any program or event of NOLA Champion, even if such risks arise from the negligence, omission, or any other act caused by NOLA Champion and/or NOLA Champion Parties or otherwise, to the fullest extent permitted by law. NOLA Champion’s total liability to the Member for all claims arising from or related to this Agreement will be limited to the fullest extent permitted by applicable law. Each of the parties has read, acknowledges, and understands all of the terms and conditions set forth in this Agreement and by executing the same, intend to be bound by the full terms and conditions. This agreement contains the entire agreement between the parties hereto with respect to the transaction contemplated herein. This agreement shall be governed by and construed in accordance with the laws of the state of Louisiana. This agreement shall not be amended unless agreed upon by both Parties as shown by a written and executed amendment. Throughout this Agreement, the singular shall include the plural, and the plural shall include the singular, and masculine shall include the feminine, wherever the context so requires. The Parties hereto stipulate and agree that the rule of construction to the effect that any ambiguities are to be or may be resolved against the drafting Party shall not be employed in the interpretation of this Agreement to favor any Party over the other.