Kokua Martial Arts Fitness Academy

Membership Agreement

Term and Conditions

Please read these Terms and Conditions. These Terms and Conditions are an agreement between Member [“student”, “member”] and Kokua Martial Arts Fitness Academy, LLC (“Kokua,” “The Academy,” “Academy,” “LLC”, “Dojo”, “we” or “us”), governing Member’s participation and enrollment in classes, currently located at 7063 Commerce Circle, Suite I & J, Pleasanton, CA 94588.

Kokua Martial Arts Fitness Academy designed the Membership Agreement and Polices/Rules to ensure a safer and more enjoyable environment in which to train. Please be thoughtful and observe the Policies/Rules that you and all members have agreed to follow. The Academy may, in its sole discretion, modify the Policies/Rules without notice at any time. It is the Member’s responsibility to know and follow the most current Policies/Rules. All approved signs posted in the Academy or on the premises shall be considered a part of the Policies/Rules of the The Academy.

The following Policies/Rules replace all previous Policies/.  If there are any conflicting notes between these Policies/Rules and the current posted Academy Policies/Rules, these Policies/Rules shall override.  The current Policies/Rules are available on The Academy website (www.kokuamafa.com).

EQUAL OPPORTUNITY POLICY STATEMENT

The Academy seeks, enrolls and maintains memberships without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is further The Academy policy that no circumstance or conduct undertaken by The Academy personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All Academy members shall have full and equal access to The Academy facility. All members with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any member who believes that he/she is/has been treated unfairly on any of the aforementioned matters should first report to The Academy management or to The Academy at (925) 223-8519 or by email at KokuaMTY@Gmail.com .

RATES, PAYMENTS, AND REFUNDS

The Student acknowledges The Academy offers far more services than just instruction, training or assistance in physical fitness, exercising or other such physical skills and activities. The Academy teaches and develops leadership skills, character and attitudinal qualities such as confidence, discipline, respect, modesty, courtesy, integrity, perseverance, humbleness, and courage.  The Academy teaches a forty-eight (48) week curriculum with the option of closing for one (1) week in the Spring, one (1) week in the Summer, (1) week during Thanksgiving, and two (2) weeks during the Christmas and New Years Holidays.  The Academy reserves the right to close for tournaments, testing or seminars with one (1) week posted notice.  Makeup lessons will be made available under provision that is the sole responsibility of the Student.  The Academy does not guarantee belt rank promotions.  Attendance of two (2) classes per week is highly recommended.  No maximum is recommended.  It is the Student’s responsibility to attend classes. The Student is obligated under his/her agreement with The Academy to make payments to The Academy whether or not the Student attends class. Payments do not include test fees, association fees, optional clinics, seminars, events, protective gear, etc., which may be offered for an additional charge.

MEMBERSHIP PERIOD AND RENEWALS

The Membership Period is defined as one (1) year (12 months) or month to month according to the selected membership. Annual Memberships are entitled to a discount according to the Fee Schedule and rates are protected for the duration of the membership period.

Payments are made at the beginning of the Membership Period. The first month of enrollment will be prorated and subsequent payments are due on the first day of the month. Payment for subsequent periods will extend Member’s membership and implies Member’s continued consent to the terms of this agreement. Discontinuation of payment will result in cancellation of Membership at the discretion of The Academy. Membership fees are non-refundable. If at any time during the agreement payments are declined, a $50 non-refundable surcharge will be assessed to the Member’s accounts for declined payments. This does not limit the Member's rights described in the section: BUYER’S RIGHT TO CANCEL.

FAMILY ADD-ON MEMBERSHIPS

Members of The Academy with Family Add-on Memberships are entitled to a discount according to the Fee Schedule. Discounted rates are applicable so long as one family member is registered at the regular rate. The higher rate will apply to the regular Membership and the equal or lesser rate will apply to the Family Add-on Membership. If the regular membership is cancelled, the Add-On rate is adjusted to regular membership rates.

RATE CHANGES

Membership Rates are subject to change. Rate changes will be communicated in writing at least 30 days prior to implementation. The rate change becomes effective upon the member next payment period following the 30 day notification.

TEMPORARY ABSENCE AND RE-ENROLLMENT

Frozen memberships may be considered for the following situations for a period over 4 weeks and may be reinstated within a period of 3 months from the original frozen membership date without paying the full enrollment fee. A re-enrollment fee of $100 will apply after three (3) months.

The Academy will only freeze Member’s membership if Member is in good standing, Member has all initiation fees paid, Member is current on monthly dues, Member provide at least ten (10) days’ notice for a freeze request to allow The Academy to process Member’s request, and Member qualifies for one of the three categories below:

Medical Disability: The Member must provide The Academy with verification from the Member’s physician stating the medical disability that will prevent the Member from using The Academy facilities. The minimum term for a medical freeze is one (1) month and the maximum is three (3) months.

Active-Duty Military Transfer or Extended Volunteer Assignment: The Member must provide The Academy with a copy of transfer, deployment, or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If the Member requests a specific freeze term less than six (6) months, membership and monthly Electronic Funds Transfer ("EFT") or credit card charge will automatically resume at the end of the specified time. If Member requests a specific freeze term greater than six (6) months, or Member does not specify a freeze term, Member must contact The Academy to reactivate.

Temporary Employment Transfer: The Member must provide The Academy with verification from their employer, on company letterhead, that Member is being temporarily transferred. The location of transfer must be more than 25 miles from the nearest The Academy location to which the Member has access. The minimum term for a temporary employment transfer freeze is one (1) months and the maximum freeze is three (3) months.

Dues During Freeze: Once The Academy approves a membership freeze for the above reasons, no further dues will be collected with respect to such time and Member's right to use The Academy facilities is frozen or suspended, so The Academy can deny Member access to The Academy during such freeze. In the event a Member’s membership is prepaid, the term of the prepaid membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than six (6) months or unspecified, Member's membership will be reactivated and Member's monthly EFT or credit card charge will automatically resume at the end of Member’s freeze period.

Other Freeze: As a courtesy to our members, The Academy may approve or deny Member’s request for a freeze for reasons other than those listed above. There will be a $50 per month charge to secure Member’s current membership pricing. The maximum length of an extended freeze is three (3) months. If The Academy does not receive notification to reactivate or further extend Member’s freeze within the three (3) months period, Member’s membership agreement will be terminated. If Member decides to return after Member’s membership agreement has been terminated, Member will pay current pricing at time of sign-up.

Freeze Request Decisions: If Member's request does not conform to this Membership Freeze Policy, Member will be notified that Member's request has been denied and Member’s membership shall remain active unless cancelled.

CLASS SCHEDULE

A Regular Class Schedule will be posted. The Academy reserves the right to make temporary and permanent modifications to the schedule for any reason.

PARTICIPATION AND WAIVER

QUALIFIED HEALTH

Member warrants and represents that he/she is physically, mentally, and emotionally fit to participate in the activities offered in this membership and that he/she has no disability, impairment or ailment that would present a health risk as a result of such participation. If Member has any injuries, physical limitations or any doubt as to Member's condition, Member should consult Member's personal physician prior to engaging in these activities.

MEDICAL RELEASE

In the event of an emergency, the Undersigned hereby authorizes transportation and licensed medical personnel to perform any accepted medical procedures on the Undersigned deemed necessary or advisable, and agrees to bear the expense of any such transportation or procedure and to hold The Academy harmless from any responsibility of the same.

DISCLAIMER OF LIABILITY

Member understands and acknowledges that there is inherent risk associated with many physical activities including the practice of Martial Arts and other forms of self-defense. The Member is fully aware of and appreciates the risks, including catastrophic injury, paralysis and death, as well as other injuries, damages and losses that may result from participation in classes, activities and events.  Member voluntarily accepts these risks and hereby releases The Academy, LLC, its Owners and Employees, the United Kajukenbo Federation and any other affiliated organizations, all Instructors, and/or representatives, other Members, and other participants in connection with The Academy from any liability that might arise as a result of any injury that may occur.

The undersigned releases from any and all liability The Academy, LLC, its Owners and Employees, The United Kajukenbo Federation and any other affiliated organizations, all s instructors and/or representatives, other Members, and other participants for any accidents or injuries (including loss of life) which might occur during training and/or including:

1. Training done on school premises (7063 Commerce Circle, Suite I & J, Pleasanton, CA 94588) with or without any school representative being present.
2. Any special lessons, private instructions, or seminars/training with a certified instructor.
3. Personal training and/or class training on off hours and/or nights.
4. Use of any and all Academy equipment including free weights & cardio equipment.
5. Any Academy official or non-official functions conducted outside school property or class training (i.e. Seminars, tournaments, belt promotions, belt tests, black belt school training, and/or own personal time).

The undersigned (or legal guardian if under 18 years of age*) assumes full responsibility for any and all resulting injuries due in full to any or the above mentioned circumstances and also from any others which may arise but which were not mentioned.

Kokua Martial Arts Fitness Academy Health and Safety Promise

The Kokua Martial Arts Fitness Academy Health and Safety Promise is a code of conduct to ensure ALL who come to Kokua Martial Arts Fitness Academy including Kokua Martial Arts Fitness Academy staff, clients, and their families are provided a safe, germ-free place to exercise.

Kokua Martial Arts Fitness Academy are consistently taking action to ensure cleanliness. Kokua Martial Arts Fitness Academy have taken further action to improve Kokua Martial Arts Fitness Academy internal protocols and procedures to fulfill current needs.

Kokua Martial Arts Fitness Academy promises to enforce the following:

1. Stay Home Policy – Kokua Martial Arts Fitness Academy promises any staff member who is sick, has been sick, or has an immediate family member who has been sick will be required to stay home until there are no signs of sickness for a minimum of 72 hours.
2. Clean Entry Policy – Kokua Martial Arts Fitness Academy promises to ensure all team members thoroughly disinfect their hands and personal items when they enter the building.
3. Hand Washing Protocol – Kokua Martial Arts Fitness Academy promises to ensure all staff will wash their hands or use hand sanitizer before and after every training session and are encouraged to do so as much as reasonably possible throughout each session.
4. Sanitation Stations – Kokua Martial Arts Fitness Academy promises to provide and stock sanitation stations around the The Academy so you have the tools necessary to keep yourself and The Academy clean. Those sanitation stations will include hand sanitizer and antiviral/antimicrobial wipes (for those that would like to use them).
5. Professional Grade Cleaning – Kokua Martial Arts Fitness Academy has ALWAYS kept the studio professionally cleaned!
6. Well ventilated space: Kokua Martial Arts Fitness Academy promises to always have both the front and back door open to allow for maximum air flow or, if the doors must be closed, use an air purification system or to run the HVAC unit using air filters that eliminate bacteria, mold, and viruses.
7. Clean mat policy: Kokua Martial Arts Fitness Academy encourages the Member to bring their own mat, but if the Member chooses to use a mat provided by Kokua Martial Arts Fitness Academy, Kokua Martial Arts Fitness Academy promises to ensure all members use anti-viral/anti-microbial wipes to clean their mat. After the Members have wiped down their mat, Staff will further disinfect the mats using the recommended disinfectant and allow them to air dry before the next use.

THE MEMBERS’ PROMISE TO OUR COMMUNITY: Here’s how the Member can play a stronger part in keeping our community safe and clean. Using “best” hygiene practices not only ensures the Member's own safety but the safety of Kokua Martial Arts Fitness Academy staff and other community members and their families.

1. Stay Home Policy – The Member promises to STAY HOME if the Member is sick, has been sick, or has an immediate family member who has been sick and stay away from Kokua Martial Arts Fitness Academy for a minimum of 72 hours after all signs of sickness have passed.
2. Clean Entry– The Member promises to disinfect their hands upon entry to Kokua Martial Arts Fitness Academy.
3. Hand Washing – The Member promises to wash their hands often.
4. Proper Sanitation – The Member promises to clean up after themselves and thoroughly disinfect all touched equipment after use with the anti-viral/anti-microbial wipes provided by Kokua Martial Arts Fitness Academy. The Member will also regularly use hand sanitizer, wipe up sweat, and encourage others to do the same.
5. Personal Hygiene and Sanitary Practices– The Member promises to use best practices.
   1. The Member will wash their hands if the Member coughs, sneezes, blows their nose, or uses the bathroom.
   2. The Member will not chew gum or anything else that will need to be spit out of my mouth.
   3. The Member will not bring any food into the Academy (water bottles are okay and encouraged).
   4. The Member will wear proper gym attire and use a workout towel to cover and contain my sweat.
   5. The Member will respect others' personal space and if the Member needs to cough, sneeze or blow their nose, the Member will do so in a tissue or a personal/disposable item.

The Member understands that these efforts are for the benefit of the entire Kokua Martial Arts Fitness Academy community and agrees to uphold to the best of my ability. In doing so, the Member is ensuring the safety of others and themselves. Further, the undersigned understands that these are best efforts in accordance with Alameda County to which Kokua Martial Arts Fitness Academy are no longer liable if complications or illness were to occur.

PERSONAL CONDUCT
In the practice of Martial Arts and other self-defense activities, personal conduct directly affects personal safety, the safety of other Members and the reputation of The Academy. Members are required to conduct themselves in a manner that protects the safety of all participants and others at all times. Failure to do so is in violation of this agreement. The Academy reserves the right to terminate membership for any reason whatsoever including behavior that is determined to be unacceptable.

CONDUCT

While in The Academy, The Academy does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests or The Academy employees.

GUEST PRIVILEGES

The Academy encourages the Member to bring friends, relatives and business associates for a guest visit. The Academy strongly recommends the Member to make an appointment for the Member’s guest’s visit and a tour/orientation may be required. A guest must check in at the front desk and sign a medical and injury release form before using The Academy  facilities (a parent or legal guardian may bring a minor as a guest if the adult member agrees to sign the appropriate release forms). The Academy may restrict the number of guests and times Members may bring guests. The Member must inform guests about these Policies/Rules.

SEVERABILITY

The provisions of this Agreement are severable, and if any provision is determined to be illegal or otherwise enforceable, in whole or in part, then the remaining provisions remain binding and enforceable.  This agreement replaces all pre-existing agreements between the undersigned and The Academy/FC50 and may be modified only in writing and signed by both parties.

PHOTO, VIDEO, AND AUDIO RELEASE

The Student agrees that The Academy may take photographs and make video and audio material of students, classes and Academy events, which may be used for display, promotions, advertising or sold for profit.  The Student hereby waives any compensation to which he/she may be otherwise entitled for appearing in such materials.

The Student understands and agrees that such photographs and/or video recordings of the Student may be placed on the Internet. The Student also understands and agrees that Student may be identified by name and/or title in print, Internet or broadcast information that might accompany the photographs and/or video recordings of Student. The Student waives the right to approve the final product. The Student agrees that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of The Academy.  

Student hereby releases, acquits, and forever discharges The Academy, its current and former instructors, agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

VIOLATION OF POLICIES/RULES 

If any Student or guest violates any of the Policies/Rules, The Academy will ask that person to stop or leave. A member’s violation of any of the Policies/Rules may also cause The Academy, in its sole discretion, to terminate that person’s membership and/or other agreements.

LEGAL FEES

In the event of a lawsuit, each party shall be responsible for their own attorney’s fees and their own court costs.

DISMISSAL

The Student agrees that The Academy has the right to dismiss any student at any time for misconduct or actions which The Academy deems inconsistent with its philosophy or practices or if the undersigned has a contagious disease.  Upon dismissal, The Academy may issue a prorated refund based upon the membership time remaining.

BUYER’S RIGHT TO CANCEL

The Member may also cancel this membership if Member relocates Member's residence further than twenty-five (25) miles from any Dojo operated by Kokua Martial Arts Fitness Academy or from any other substantially similar Dojo which would accept the obligation of Kokua Martial Arts Fitness Academy. This membership may also be cancelled if Member dies, or if The Academy ceases operation at the location where Member entered into this membership. If the Member becomes disabled, the Member shall have the option of (1) being relieved of liability for payment on that portion of the membership term for which Member is disabled or (2) extending the duration of the original membership at no cost to Member for a period equal to the duration of the disability. The Member must prove such disability by a doctor's certificate, which certificate shall be enclosed with the written notice of disability sent to the Academy. The Academy may require that Member be examined by another physician agreeable to Member and the Academy at its expense. If the Member cancels, the Academy may keep or collect an amount equal to the fair market value of the services or use of facilities the Member has already received.

To cancel a membership for any of the above reasons a written notice may be sent to the address specified below or may be emailed 30 days in advance. The notice must say that the Member does not wish to continue their membership. 

The cancellation notice may be delivered or mailed to:  Kokua Martial Arts Fitness Academy, 7063 Commerce Circle, Suite I & J, Pleasanton, CA 94588 or emailed to kokuamty@gmail.com.

PERMISSION TO RENDER EMERGENCY AID

The Member fully understands The Academy and The Academy staff members are not physicians or medical practitioners of any kind. With the foregoing in mind and in the event any kind of injury or illness should occur while on premises or at an Academy event or activity or class, Member hereby authorizes The Academy staff member to render first aid as deemed necessary in their discretion and/or to seek medical assistance, including calling 911 or otherwise arranging for the transport of Member to an appropriate medical facility for treatment.  Additionally, the Member hereby authorizes any trained and licensed medical professional to administer emergency medical treatment to the Member should injury or illness occur.  The Member understands The Academy will make every effort to promptly notify necessary individuals of any such emergency.  By signing below, the Member has read and understands the above Permission to Render Emergency First Aid and hereby give express written consent to its provisions.

AUTHORIZATION

I have read, I understand, and I agree to the terms of this Agreement. I acknowledge that I have received a signed copy of this Agreement for my records.

Signature of Member*                                                                                              

(*Parent/Legal Guardian if Member is under 18 years of age)