Shugyo Pty Ltd Terms and Conditions of Membership
SHUGYO ACTIVITIES LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK Please read carefully:
As a member of Shugyo you, (and/or your Parent/Guardian, named in Registration Form, if your are under 18 years old), hereby acknowledge that you have been advised of the inherent risks of participating in Shugyo activities hereinafter referred to as (“Activities”) that you are participating in and that you have been thoroughly informed of conditions, rules and terms of participation and membership that you must comply with. You are undertaking the following ‘Activities’: SHUGYO, which includes but is not limited to; TAEKWONDO (TKD), BRAZILIAN JIU JITSU (BJJ), MIXED TECHNIQUE MARTIAL ARTS SPARRING, SPORTS CONDITIONING, SELF DEFENCE TRAINING, PHYSICAL TRAINING, KUMDO, BOXING, WRESTLING, SOCIAL EVENTS, FUNDRAISERS, MATERIAL BREAKING including wooden or plastic boards, SPORTS PROGRAMS, ACTIVITIES OUTSIDE OF STRUCTURED CLASS TIMES, PERSONAL TUITION AND TRAINING, COMPETITIONS, TOURNAMENTS… Before you undertake any Activities: You will thoroughly read all Terms and Conditions (also referred to as ‘T&C’s’) on the Shugyo website on a regular basis and at least once per yearly quarter, before routine assessments or before events; You will ensure your own personal insurances are in place; That you are cleared by a medical professional (including by providing medical certificates to an Instructor should it be necessary); You declared any condition you may have OR develop via email to your instructor AND Shugyo Pty Ltd via firstname.lastname@example.org; You understand and agree that neither Shugyo Pty Ltd, nor any owner or Director of such, nor any respective employees of such, nor any Agents or Contractors of such, assistants, Athletes, Instructors, Coaches members or assigns of such, hereinafter referred to as (“Released Parties”), may be held responsible in any way for injury, death, loss or other damages to you or your family, heirs or assigns that may occur as a result of your participation in any of the above mentioned or related Activities, or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in these Activities, you hereby save and hold harmless Released Parties, and personally assume all risks in connection with these Activities, for any harm, injury, loss or damage that may befall you while you are a participant in these activities, including all risks connected there with, whether foreseen or unforeseen. In particular you also acknowledge that: Activities can be physically and mentally demanding and in susceptible individuals may cause heart attack, panic, hyperventilation, overexertion or other dangerous medical condition; Activities will involve being attacked by another person in the way of strike, wrestle, grapple, trip or throw, or weapon. Such attacks bring with them the attendant risk of injury, disablement or death; Activities will involve the use of equipment that may malfunction, giving rise to risk of injury, disablement or death; Activities may be conducted in environments both inside and outside of a designated training area which present RISK, including unknown RISKS which cannot necessarily be managed; You have your own functioning safety equipment available (can be purchased through this Shugyo website) to use and you will hydrate yourself accordingly; You will manage your own safety including insurance and any medical condition you have, you have declared such medical issues to Shugyo in writing, and notifying officials at any Activity. IN RELATION TO RELEASED PARTIES AT CAMPS, EVENTS, TRAINING AND / OR OTHER SOCIAL ACTIVITIES: In particular you acknowledge that: Activities may be conducted in areas that are remote either by time and/or distance from emergency service providers. Activities can be physically demanding and in susceptible individuals may cause heart attack, panic, hyperventilation, overexertion and hypothermia or other dangerous medical condition. Activities may involve exposure to the natural elements, including but without limiting the generality here of storm, tempest, wind, rain, tides, heat and cold exposure or dangerous creatures. Such exposure brings with it attendant risk of injury, disablement or death.Activities may involve the use of equipment that may malfunction, giving rise to risk of injury, disablement or death.Activities may involve being transported by vehicle, or carried by other person(s) which brings with it attendant risk of injury, disablement or death.Activities may involve entering water of unknown depth or condition giving rise to risk of injury, disablement or death. Rural surroundings or other countries carry inherent dangers such as fire, sharp objects, falling trees and branches, water bodies, dangerous slopes, chemicals, faulty buildings and equipment giving rise to risk of injury, disablement or death and many UNKNOWN RISKS. There may be the consumption of food and drink at Activities which may cause sickness, injury or death. Photography, video and audio recordings taken of any members and spectators by Shugyo Pty Ltd may be used by Shugyo Pty Ltd in any format for public promotion. There may be creatures which can bite or sting causing allergic reactions, poisoning or blood loss giving rise to risk of injury, disablement or death in locations that Shugyo Activities are held. You may contract a disease, sickness, infection or other illness during activities. You acknowledge that you have also read, or, had explained to you, and fully understand that you are not compelled to undertake any Shugyo Activity AND may stop at any time by saying ‘STOP’ or ‘tapping out’. You further agree that you are of lawful age and legally competent to agree to this liability release, or that if you are under 18 years of age that your Parent/Guardian gives authority and accepts all responsibility for your participation in these Activities by way of continuing your membership and agrees to the risks. You or your parent understand that the terms herein are contractual and not a mere recital; and that you or your parent have agreed to this of your own free act. You or your parent understand and will comply with any rules. You or your parent further acknowledge that this contract may be relied upon in any proceedings instituted in any court by you, your parents or your heirs, executors and assigns. You or your parents have fully informed yourself of the contents of this contract, T&C’s, Liability Release and Express Assumption of Risk by reading it before participation in ANY Activity or Activities. You or your parents will regularly check these Terms and Conditions for any amendments. You or your parents understand that there is no level of insurance coverage for any members and this should a member wish to be covered by an insurance policy then the member should establish the coverage of the own accord. BY WAY OF ONGOING MEMBERSHIP AND PARTICIPATION – YOU AGREE TO THE ABOVE MENTIONED AND ALL RISK / LIABILITY IS ASSUMED BY YOU. In relation to FINANCIAL MEMBERSHIP within Shugyo: You or your children are only a member of Shugyo while you maintain current financial membership. Any variation to this must be applied for in writing with final determination only by Shugyo HQ. Registration Fee (RF) The website will reflect a ‘Single Registration’ or ‘Family start up Registration’ offer such as this Guideline in 2017 for classes. These are a Guideline only and Branch Managers may set their own rates: Shugyo Association Fee (SAF) This fee contributes to Shugyo’s ongoing systems, overheads and structure beyond Registration (eg Corporate licences and compliance, organisation administration, website upgrades and other operational costs), and should be seen as maintaining Club membership. Most importantly this covers the person as a ‘Financial Member’ of Shugyo and members not paying a SAF contribution for more than 1 month may be asked to pay a ‘Re-Registration fee’ (‘RRF’). The ‘Lifetime recognition’ applies to all members and relates to Shugyo’s recognition of prior learning (RPL) so that members may leave for periods of time and return at previously achieved level/grade. There is no Lifetime Membership per se. Membership is only maintained whilst financial payments are current with minimum SAF. Grading Examiners Fee (GEF) Examiners are paid for their time assessing Shugyo members and this fee has been known a Grading or Examiners Fees. The GEF does not include Black Belt applications and this fee is payable upon Black Belt applications. This is usually bundled with other fees and only includes routine Gradings Training Fees (TF) Training Fees are payable to the Branch/Regional Manager or their delegate. This covers their time, knowledge, venue hire, equipment and other things. Shugyo sets guidelines for Training Fee amounts that are chargeable by Managers, but all Training Fees are at the Instructors discretion. As at 2017 a bundled amounts for RF, SAF, TF and GEF can be utilised by a Branch Manager. THE FEE STRUCTURE: Members are either SINGLE or part of a FAMILY. TERMS OF PAYMENTS. Please note that any suspension or cancellation of an existing direct debit, recurring billing, Stripe account, Paypal agreement or merchant payment automated system will occur 31 days after written request to email@example.com AND phone call to Regional Manager. A suspension of payments is only granted in exceptional circumstances. Personal or Family holidays are not considered exceptional circumstances. Injuries are not considered exceptional circumstances unless Doctors certificate states a non-attendance period of more than 31 days. Members are encouraged to attend to watch sessions even when injured, so that they can continue to study skills from the sidelines and make notes. All fees are ‘flattened’ over a year to cover costs of Routine Grading Assessments (BJJ stripe level promotions and TKD up to 1st Gup level) and Routine Benchmarking Assessments, so suspending your payments may result in Grading Fees being charged at full rates. Please PRINT all your receipts (including any above payments) and take them to your Instructor for verification if requested. All amounts are inclusive of GST and are non-refundable once drawn from nominated account.Credit/Debit card surcharges may apply – they are listed on the establishment of the billing.If insufficient funds prevent a payment, there are fees imposed by Payway and Westpac which will be passed on to the member. Please always ensure you have sufficient funds in your account.No training is delivered on Public holidays unless your Manager/Instructor offers a special deal. A 4 week session-free period is factored into all memberships from late December until late January. Your recurring billing will continue over the December – January period to maintain your club membership and contribute to the overall fees required to provide routine Grading Seminars and lower cost sessions than competitors provide. For classes such as Little Ninjas the continuation of your financial membership also holds your booking/placement in the Group. Your Manager/Instructor may offer sessions over this time as part of any special deal or casual attendance. School holidays periods during the year may see a consolidation of session times in your Region to provide a minimum of 2 sessions per week for all Groups other than Little Ninjas who will break for ALL school holidays at their normal training location, but they may attend a routine Shugyo class by booking in with the Instructor of the Branch. For Little Ninjas the continuation of your financial membership holds your booking/placement in the Group from Term to Term. If your training fees fall behind you may be invoiced directly for outstanding amounts plus 1 months fees. If you fail to pay the invoice within 14 days then membership may be cancelled and debt recovery action commenced. Where a Manager/Instructor must cancel a class at short notice due to unforeseen circumstances then an offer will be made for a ‘make up’ session or extended session to compensate for time missed but only where the Branch runs 2 sessions per week. If a Branch offers more than 2 sessions per week then you may be invited in good faith to attend a session that would not normally be your routine session to make up for the missed session. No refund is offered in these occurrences, however placement or extended sessions will be. Casual visit costs may be incurred if your attendance is greater than your Training Fee plan allows for (eg 2 x 1 hour sessions per week on Standard Plans per person – unless on a Premium Plan) MEMBERS CODE OF CONDUCT: I will show respect to every person I meet. I will be humble about my achievements. I will honour my family and friends. I will act in good faith with any transaction I make. I will share my technical knowledge with other Members. I will take responsibility for any decision I make.I will only use my knowledge in self defence or the defence of the vulnerable. In competition I will demonstrate sportsmanship and only apply technique which is approved. I will wear my Shugyo garments with pride and carry myself with dignity. I will continually strive for new goals in physical and technical prowess. I will abide by this Code, Rules, Terms, Conditions & Traditions set by Shugyo. I will always keep myself informed regarding the RISKS of participating in Shugyo activities and exercise caution. I will accept without reservation, any decision made by Shugyo HQ administration regarding my Membership and by accepting these Terms and Conditions (T&C’s) during registration and ongoing membership you agree to the T&C’s as a signatory on behalf of yourself and / or your family group.