Membership General Terms & Conditions These membership terms and conditions are current at 1 March 2014 and are subject to change without notice.
Members enter into a membership agreement between International Taekwon-Do Riccarton Incorporated (the School) and the member(s), together with a parent or guardian on behalf of those under 18 years of age, and are referred to as “the Student(s)”, “I/we”, “me/us” and “my/our” in the agreement.
The School agrees to teach International Taekwon-Do to the person/people named in this agreement for the Term agreed to in the agreement, according to the terms in the agreement. The following are the general terms and conditions of membership, included as a schedule to the membership agreement. Membership is also subject to paying all fees in accordance with the fees fine print ».
1. Ability to Train
I/we confirm that I/we are physically and mentally able to proceed with training at the School
and I/we have disclosed all physical or mental health conditions to the School in this
agreement, and that there is no risk to myself, the school, instructors or
other students from any physical or mental health conditions I/we have.
I/we agree to abide by the Constitutions, policies, codes of conduct, regulations, by-laws, procedures, or rules of competition of International Taekwon-Do Riccarton Inc and the International Taekwon-Do Foundation of New Zealand Inc (“International Taekwon-Do”) as may be amended from time to time without notice. Violation of any part of the Constitution, policies, code of conduct, regulations, by-laws, procedures, or rules of competition constitutes a breach of this agreement and could result in withholding tuition, or suspension or expulsion from the School, at the discretion of the School or the instructor.
3. Class schedule
Hours and dates of classes are provided outside of this agreement. The School reserves the right to alter the days and hours of classes. In addition, the School retains the ability to cancel classes for special events, unavailability of venue, holidays, or illness of an instructor. The School will try to provide at least two hours’ notice of such events, but this cannot be guaranteed. Class changes do not relieve me/us of my/our payment obligations under any circumstances.
4. Class instructors
Classes may be taught by an instructor of the School or any other qualified instructor. Should an instructor become unavailable for a given class, a junior instructor, senior student or guest instructor may teach. The choice of the instructor is at the sole discretion of the School. I/we understand that I/we have responsibility for my/our own safety without regard to who is teaching the class.
I/we agree to pay any and all fees agreed to in this agreement regardless of absence. Absence does not imply notification to cancel this agreement. My/our failure to attend classes does not relieve my/our obligation to pay the remaining fees in full.
6. Achievement not guaranteed
Full payment of fees does not guarantee belt certification by the School or International Taekwon-Do. I/we must demonstrate the required level of skill as evaluated by the Instructor and International Taekwon-Do for all levels of belt certification.
7. Video, audio and photographic recordings
I/we grant the School irrevocable permission to use photographs, audio recordings, videotapes, artwork or other likenesses of me/us for marketing, promotional, trade, demonstration, publishing or any other lawful purpose without remuneration.
8. Waiver of liability
International Taekwon-Do is an activity involving physical contact, and practice involves risk of injury despite safety precautions by the School and instructors. I/we hold myself/ourselves responsible for any injury that I/we may sustain in the course of my training and release the instructor and School for any liability arising from any injury.
9. Authority to perform first aid
The instructors, senior students, or others may have training in first aid and or CPR. At their discretion, I/we authorise people with the appropriate training to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or helpful, and I/we will not hold them liable for the results of any reasonable decisions or actions.
If the I/we wish to make a complaint, I/we may talk with an instructor at the School or the local Regional Director or another member of International Taekwon-Do. Further details may be found at www.itkd.co.nz.
11. Consent to physical contact
I/we understand the nature of physical contact required in martial arts training, and I/we understand that I/we have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training or makes me uncomfortable. I/we agree to abide by School etiquette in all matters pertaining to training, and I/we shall not in any way conduct myself/ourselves inappropriately or take inappropriate advantage of the contact martial arts training requires.
12. Privacy Act
I/we give my/our permission for the School and International Taekwon-Do to collect, store and use any information provided by me/us, as well as any information collected about my/our progress or activities in Taekwon-Do, for its own purposes and business only. I/we recognise the right to access this information and request corrections where appropriate.
13. Unsolicited Electronic Messages Act
I/we agree that the School and International Taekwon-Do may deliver the latest news, special offers, and information about Taekwon-Do and events directly to my/our inbox(es). Upon my/our re-registration to International Taekwon-Do I/we agree to be subscribed to the International Taekwon-Do email newsletter and to receive email correspondence from the School and International Taekwon-Do as long as I/we are member(s) of the organisation.
14. Personal information
I/we consent to the School providing the Student’s personal information to instructors and third parties engaged to provide electronic or other support for administration of the School or to anyone providing medical treatment to the Student or Guarantor. The School is not liable for any damages arising out of any breaches of applicable privacy legislation by third parties to whom the Student/Guarantor has consented that the information be disclosed.
This agreement is non-transferable and cannot be assigned by me/us. The School retains the right to assign this agreement without my/our consent to (a) an entity that is owned or controlled by the School, or (b) any third party buying all of the business of the School.
16. Restraint of trade
I/we agree not to teach Taekwon-Do in a school of my/our own or in the school of a competing martial arts school within a 20 km radius of the School, or any other school associated with the School’s administrators, for a period of 2 years following disassociation with the School, without written permission and prior agreement.
17. Representing Taekwon-Do
I/we agree not to represent the School or International Taekwon-Do at any event or in any way without the prior agreement of the School or International Taekwon-Do.
18. Payments due to the School
The School has authorised a payment intermediary, which may be changed from time to time by the School, to administer the collection of payments due to the School
a. I/we agree that all payments due by me/us are to be made directly to the payment intermediary as if it were the School, without requiring my/our consent of any involvement on the School.
b. I/we acknowledge that it can take several days for payments to be processed from my/our account. I/we agree to ensure that sufficient funds remain available to cover any payment due by me/us for at least 3 days after the nominated instalment date.
c. I/we acknowledge and agree for the payment intermediary to charge me/us a dishonour fee directly to my/our account. I acknowledge and agree that the fee shall be determined from time to time by the payment intermediary and is subject to change without notice.
d. I/we acknowledge and agree to the payment intermediary charging me/us surcharges if I/we choose to pay using a Credit Card at a rate set by the payment intermediary, which is subject to change without notice by the payment intermediary.
e. I/we agree to pay an administration fee to the School if I/we pay by another method other than through the payment intermediary, or there are overdue amounts due to the School by me/us, which shall be determined by the School and subject to change without notice.
19. Membership Holds
Due to either serious illness/injury or extended travel I/we may have (at the sole discretion of the School) my/our memberships and payments put on hold for a minimum period of 1 month:
a. the length of a membership hold shall be determined by the School and based on information provided by me/us; and
b. I/we agree that the duration of the term of my/our membership shall be extended by the duration of the hold on my/our membership; and
c. to support the request I/we agree to provide supporting information (e.g. medical certificate, travel tickets) at the request of the School; and
d. I/we agree to pay an administration fee to the School for each membership hold, which will be determined from time to time by the School, and subject to change without notice.
20. Cancellation by Student
The Student or Guarantor may cancel this agreement only under the following conditions:
a. I/we relocate our residence more than 10km from the current location of my/our residence which is also more than 20 kilometres from any school operated by the School, by paying a cancellation fee equal to 30% of the remaining balance of any agreed term in this agreement, and any pre-paid fees will be non-refundable.
b. In case of my/our death or permanent disability so I/we are unable to train, this agreement will terminate without any cancellation fee, and prepaid fees will be refunded.
c. At the discretion of the school this agreement may be cancelled if I/we enter into a new agreement with the school for a longer term or with new family members that replaces this agreement.
d. If the School ceases operation within 10km of the venue where I/we entered into this agreement, I/we can opt to cancel this agreement without a cancellation fee and prepaid fees will be refunded.
e. If I/we choose to cancel this agreement in a circumstance other than listed in this section I/we agree that I/we will pay the difference in fees between the term agreement rate and the pre-pay per month / school term rate for the period from the start of the current agreement to the end of the month / school term when I/we notify the School plus a cancellation fee equal to one month / one third of a school term pre-pay fee.
21. Cancellation by School
The School may cancel this agreement under the following conditions:
a. Breach by me/us of any term of this agreement, or the Constitutions, policies, codes of conduct, regulations, by-laws, procedures, or rules of competition of the School or International Taekwon-Do as set out in this agreement and as amended from time to time. Remaining fees for the full Term of the agreement will be payable immediately.
b. If the School ceases operation within 10km of the venue where I/we entered into this agreement, without cancellation fee and prepaid fees will be refunded.
c. At the School’s own discretion for any and all causes, without any cancellation fee, and prepaid fees will be refunded.
I/we agree to indemnify and save harmless the School and its instructors and International Taekwon-Do from any and all claims, actions, suits, demands, and costs, including legal fees and other expenses, resulting from the School’s negligence, misrepresentation or breach of this agreement.
23. Entire Agreement
This agreement and its attachments and schedules constitute the entire understanding of the parties, and no other understanding or agreement exists between them. The School made no expressed or implied warranties or representations, other than those herein, to induce me/us into this agreement.
If any clause, sentence, phrase or statement in this agreement is found unenforceable or invalid by any Court of law, the remainder of the document shall remain enforceable and the invalid clause, sentence, phrase or statement shall be considered struck from the document.
25. Governing law
This agreement shall be governed by New Zealand law and I/we submit to the exclusive jurisdiction of the Courts of New Zealand for all purposes.