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Terms & Conditions

All Terms & Conditions

Participation Waiver

Waiver Details

I understand that the practice and participation in tai chi, yoga, fitness training, martial arts, and/or self-defense may require vigorous physical activity and involves the risk of personal injury;

Having recognized the same, the undersigned hereby acknowledges awareness of the risks therein, and does certify that s/he is physically capable of performing the same, has not been otherwise informed by a physician or other healthcare provider, and knows of no restrictions that would prohibit or prevent him/her from participating in the practice and training of these programs.

Therefore the undersigned assumes all risks in connection therewith for any injury, harm, or damage that may occur to his/her self while engaged, and does fully release and hold harmless, 5 Elements Martial Arts & Wellness Center LLC, or any agent, employee, representative, independent contractor, singly and collectively, from any and all claims, liability, damages, or causes of action by the undersigned and his/her family, heirs, estate or assigns as the result of any injury, harm or damage sustained at any time hereafter as a result of his/her participation in the practice and training of the aforementioned programs.

Enrollment Application

Waiver Terms & Conditions

I understand that participation in martial arts, yoga, and/or tai chi classes at 5 Elements Martial Arts & Wellness Center (“5 Elements”) poses a possible inherent risk of injury (minimal to severe, including death). I hereby assume all risks associated with participation in martial arts or yoga programs at 5 Elements and agree to hold 5 Elements, its members, instructors, assistant instructors, and employees harmless from any and all liability that may arise in connection with my participation or my child’s participation in the programs.

I hereby certify that I/my child/my ward are in good health and have/has no physical limitations that would preclude participation in martial arts activities or yoga.

I certify that I/my child has health, accident and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participating in martial arts or yoga training, or else I agree to bear the costs of such injury or damage to me/my child. I further certify that I am willing to assume the risk of any medical or physical condition I/my child may have or am willing to assume and bear the costs if all risks that may be created, directly or indirectly, by any such condition.

Further, I hereby voluntarily release and forever discharge and agree to hold harmless and indemnify 5 Elements and its members, instructors, assistant instructors, employees, students, successors, lessors, insurers, and representatives from any and all liability, claims, demands, causes of action or rights of action for injury or damage resulting from my participation or my minor child’s or ward’s participation in 5 Elements’ martial arts programs or yoga or use of 5 Element’s equipment and facilities. This wavier is binding on my assigns, successors, heirs, spouse, parents, administrators, guardians, insurers and legal representatives.

I agree that, if I were to file a lawsuit against 5 Elements, I would do so solely in California and that the substantive law of the State of California shall apply without regard to California’s conflict of law rules. I further agree that if any portion of this waiver agreement is found void or unenforceable, the remaining portions shall remain in full force and effect.

This waiver of liability is the entire, complete, sole, and only understanding and agreement by and between the undersigned and 5 Elements pertaining to the above discussed matters.

Photo Release

I hereby grant 5 Elements Martial Arts & Wellness Center (“5 Elements”) permission to use my or my child’s likeness in a photograph, photographs or video recordings in any and all of its publications, including website entries and promotional materials, without payment or any other consideration.  Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph, photographs or video recordings.  I understand and agree that these materials will become the property of 5 Elements.

Cancellation Policy (After School Program and Camps ONLY)

Cancellations are accepted prior to the first day of class. A credit will be issued in the amount paid for the class that may be applied towards private lessons or group classes held at 5 Elements. Credit must be used within 3 months of the date of the cancellation. No cash refunds.

Membership Payment – Package A

Membership Terms

I acknowledge and agree that I will maintain a month-to-month membership and pay the tuition for the option(s) specified above for a minimum term of 1 month. I agree that this Membership Agreement shall automatically renew at the beginning of each month, for an equal term of one month, unless and until a written cancellation notice by mail or email is received by 5 Elements Martial Arts & Wellness Center LLC (“5 Elements”) by the 10th day of the previous month to the automatic renewal date. I acknowledge that I am responsible for all charges billed or incurred prior to cancellation of this membership. I agree that changes in membership options must be submitted in writing by mail or email by the 10th day of the month prior to the automatic renewal date.

Monthly Tuition

Tuition is billed monthly, in advance, and is considered due and payable on the first day of each month. Any other purchases or charges authorized by the member are considered due and payable on the first day of the month following the month in which the purchases/charges are made. All tuition and other payments are non-refundable and nontransferable regardless of usage of the school or any change of circumstance. Exceptions may be made if approved by 5 Elements. Rates and fees are subject to change, with prior notice.

Automatic Monthly Payment Authorization

I authorize 5 Elements to initiate an Electronic Funds Transfer on a recurring basis from the checking or savings account according to the terms outlined below, and, if necessary, to initiate adjustments for any transactions credited/debited in error. I acknowledge that the origination of Electronic Funds Transfers to my account must comply with the provisions of United States law.

Terms of Billing

Starting today and occurring on or after the 1st day of each month, a monthly Electronic Funds Transfer will be made for the amount owed to 5 Elements as detailed in my Customer’s Monthly Billing Account. Any account that does not have the required funds available will be charged a $25.00 NSF fee.

Annual Holiday & School Closure Schedule

New Year’s Day – January 1

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – 1st Monday in September

Halloween – October 31 (School closed when Halloween falls on a week day, but will be open if Halloween falls on a Saturday.)

Thanksgiving – 4th Thursday + Friday in November

Christmas Break – One week in December around Christmas. Exact dates will be determined each year.

These are subject to change but will not exceed more than 20 calendar days in one year. Classes that are missed because of a holiday closure can be made up by attending other classes that are offered for the student’s age and sash level within the month of the school closure. Any changes to the Holiday School Closure schedule will be sent to the membership prior to the month in which the change will occur. I acknowledge that this closure is part of my payment and that any closure of the school due to the above holidays does not entitle me to a refund of any kind, partial or complete.

Membership Payment – Package B

Membership Terms

I acknowledge and agree that I will maintain a month-to-month membership and pay the tuition for the option(s) specified above for a minimum term of 1 month. I agree that this Membership Agreement shall automatically renew at the beginning of each month, for an equal term of one month, unless and until a written cancellation notice by mail or email is received by 5 Elements Martial Arts & Wellness Center LLC (“5 Elements”) by the 10th day of the previous month to the automatic renewal date. I acknowledge that I am responsible for all charges billed or incurred prior to cancellation of this membership. I agree that changes in membership options must be submitted in writing by mail or email by the 10th day of the month prior to the automatic renewal date.

Monthly Tuition

Tuition is billed monthly, in advance, and is considered due and payable on the first day of each month. Any other purchases or charges authorized by the member are considered due and payable on the first day of the month following the month in which the purchases/charges are made. All tuition and other payments are non-refundable and nontransferable regardless of usage of the school or any change of circumstance. Exceptions may be made if approved by 5 Elements. Rates and fees are subject to change, with prior notice.

Last Month Tuition Paid in Advance

I acknowledge and agree that my last month’s tuition must be paid in advance, and at the time when I enroll in the Month to Month – Check or Cash Payment option.

Late and Non-Sufficient Funds Fee

I acknowledge that I will be charged a $15 late fee if my tuition payment is not received by the 7th calendar day of the month in which it is due. I acknowledge that I will be charged a $25.00 fee for non-sufficient funds on any check written to “5 Elements Martial Arts & Wellness Center”.

Annual Holiday & School Closure Schedule

New Year’s Day – January 1

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – 1st Monday in September

Halloween – October 31 (School closed when Halloween falls on a week day, but will be open if Halloween falls on a Saturday.)

Thanksgiving – 4th Thursday + Friday in November

Christmas Break – One week in December around Christmas. Exact dates will be determined each year.

These are subject to change but will not exceed more than 20 calendar days in one year. Classes that are missed because of a holiday closure can be made up by attending other classes that are offered for the student’s age and sash level within the month of the school closure. Any changes to the Holiday School Closure schedule will be sent to the membership prior to the month in which the change will occur. I acknowledge that this closure is part of my payment and that any closure of the school due to the above holidays does not entitle me to a refund of any kind, partial or complete.

Membership Payment – Package C

Membership Terms & Conditions

I acknowledge and agree that I will maintain a 3 month membership and pay the tuition for the option(s) specified above, in advance of the beginning of the first 3 month term. I agree that this Membership Agreement shall automatically renew at the end of each term, for an equal term of 3 months, unless and until a written cancellation notice by mail or email is received by 5 Elements Martial Arts & Wellness Center LLC (“5 Elements”) by the 10th day of the previous month to the automatic renewal date. I acknowledge that I am responsible for all charges billed or incurred prior to cancellation of this membership. I agree that changes in membership options must be submitted in writing by mail or email by the 10th day of the month prior to the automatic renewal date.

Tuition

Tuition is billed every 3 months, in advance, and is considered due and payable on the first day of each 3 month term. Any other purchases or charges authorized by the member are considered due and payable at the time the purchase is made. All tuition and other payments are non-refundable and non-transferable regardless of usage of the school or any change of circumstance. Unused classes in any one week cannot be carried over to another week. Rates and fees are subject to change, with prior notice.

Late Fee and Non-Sufficient Funds Fee

I acknowledge that I will be charged a $15 late fee if my tuition payment is not received by the 7th calendar day of the month in which it is due. I acknowledge that I will be charged a $25.00 fee for non-sufficient funds on any check written to “5 Elements Martial Arts & Wellness Center”.

Annual Holiday & School Closure Schedule

New Year’s Day – January 1

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – 1st Monday in September

Halloween – October 31 (School closed when Halloween falls on a week day, but will be open if Halloween falls on a Saturday.)

Thanksgiving – 4th Thursday + Friday in November

Christmas Break – One week in December around Christmas. Exact dates will be determined each year.

These are subject to change but will not exceed more than 20 calendar days in one year. Classes that are missed because of a holiday closure can be made up by attending other classes that are offered for the student’s age and sash level within the month of the school closure. Any changes to the Holiday School Closure schedule will be sent to the membership prior to the month in which the change will occur. I acknowledge that this closure is part of my payment and that any closure of the school due to the above holidays does not entitle me to a refund of any kind, partial or complete.

Membership Payment – Package D

Membership Terms

I acknowledge and agree that I will maintain a 6 month membership and pay the tuition for the option(s) specified above, in advance of the beginning of the first 6 month term. I agree that this Membership Agreement shall automatically renew at the end of each term, for an equal term of 6 months, unless and until a written cancellation notice by mail or email is received by 5 Elements Martial Arts & Wellness Center LLC (“5 Elements”) by the 10th day of the previous month to the automatic renewal date. I acknowledge that I am responsible for all charges billed or incurred prior to cancellation of this membership. I agree that changes in membership options must be submitted in writing by mail or email by the 10th day of the month prior to the automatic renewal date.

Tuition

Tuition is billed every 6 months, in advance, and is considered due and payable on the first day of each 6 month term. Any other purchases or charges authorized by the member are considered due and payable at the time the purchase is made. All tuition and other payments are non-refundable and non-transferable regardless of usage of the school or any change of circumstance. Unused classes in any one week cannot be carried over to another week. Rates and fees are subject to change, with prior notice.

Late Fee and Non-Sufficient Funds Fee

I acknowledge that I will be charged a $15 late fee if my tuition payment is not received by the 7th calendar day of the month in which it is due. I acknowledge that I will be charged a $25.00 fee for non-sufficient funds on any check written to “5 Elements Martial Arts & Wellness Center”.

Annual Holiday & School Closure Schedule

New Year’s Day – January 1

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – 1st Monday in September

Halloween – October 31 (School closed when Halloween falls on a week day, but will be open if Halloween falls on a Saturday.)

Thanksgiving – 4th Thursday + Friday in November

Christmas Break – One week in December around Christmas. Exact dates will be determined each year.

These are subject to change but will not exceed more than 20 calendar days in one year. Classes that are missed because of a holiday closure can be made up by attending other classes that are offered for the student’s age and sash level within the month of the school closure. Any changes to the Holiday School Closure schedule will be sent to the membership prior to the month in which the change will occur. I acknowledge that this closure is part of my payment and that any closure of the school due to the above holidays does not entitle me to a refund of any kind, partial or complete.

Membership Payment – Package E

Membership Terms

I acknowledge and agree that I will maintain a 1 year membership and pay the tuition for the option(s) specified above, in advance of the beginning of the first 1 year term. I agree that this Membership Agreement shall automatically renew at the end of each term, for an equal term of 1 year, unless and until a written cancellation notice by mail or email is received by 5 Elements Martial Arts & Wellness Center LLC (“5 Elements”) by the 10th day of the previous month to the automatic renewal date. I acknowledge that I am responsible for all charges billed or incurred prior to cancellation of this membership. I agree that changes in membership options must be submitted in writing by mail or email by the 10th day of the month prior to the automatic renewal date.

Tuition

Tuition is billed every 1 year, in advance, and is considered due and payable on the first day of each 1 year term. Any other purchases or charges authorized by the member are considered due and payable at the time the purchase is made. All tuition and other payments are non-refundable and non-transferable regardless of usage of the school or any change of circumstance. Un-used classes in any one week cannot be carried over to another week. Rates and fees are subject to change, with prior notice.

Late Fee and Non-Sufficient Funds Fee

I acknowledge that I will be charged a $15 late fee if my tuition payment is not received by the 7th calendar day of the month in which it is due. I acknowledge that I will be charged a $25.00 fee for non-sufficient funds on any check written to “5 Elements Martial Arts & Wellness Center”.

Annual Holiday & School Closure Schedule

New Year’s Day – January 1

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – 1st Monday in September

Halloween – October 31 (School closed when Halloween falls on a week day, but will be open if Halloween falls on a Saturday.)

Thanksgiving – 4th Thursday + Friday in November

Christmas Break – One week in December around Christmas. Exact dates will be determined each year.

These are subject to change but will not exceed more than 20 calendar days in one year. Classes that are missed because of a holiday closure can be made up by attending other classes that are offered for the student’s age and sash level within the month of the school closure. Any changes to the Holiday School Closure schedule will be sent to the membership prior to the month in which the change will occur. I acknowledge that this closure is part of my payment and that any closure of the school due to the above holidays does not entitle me to a refund of any kind, partial or complete.

*Note: Please note that the above sections titled “Membership Payment – Package ___” where the ___ represents the letter A, B, C, D, or E, only the section that you have signed up for and are currently using for your payments. If you originally signed up for Package A, said Terms & Conditions apply to you in addition to Participation Waiver Terms & Conditions, Enrollment Application Terms & Conditions, and Privacy Policy. Should you choose to switch to another package, the former Membership Payment Package Terms & Conditions no longer applies and the Terms & Conditions for the payment package you switched to are now in effect. This does not require resigning of or an acknowledgement of this document as you are assumed to have already read said Terms & Conditions (this document) when you first signed up. IN ADDITION, there are sections that specifically pertain to various programs and do not affect other sections of this document. By signing you acknowledge that you agree to all terms whether or not they apply to you at the present time of signing. If and when they begin (or cease) to apply to you, you will not be required to sign your acceptance of this document again.