Book Session

This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into (the “Effective Date”), by and between Northwest Aikido, aka Shushinkan Dojo (hereafter the “School”), and (the “Member”).

1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to martial arts instruction and other classes provided by the School. By signing below, the Member agrees to be bound by all of the terms and conditions set forth in this Agreement.

2. Termination: This Agreement may be terminated by the School at any time if the Member breaches this Agreement (see School Rules). 

3. School Rules: The School rules include but are not limited to the following:

1. Members follow traditional etiquette, including removing shoes when entering the dojo, sitting formally, and bowing at appropriate times (see “On Etiquette” guide)

2. If suffering from any injury or experiencing pain or discomfort during the course of any instruction, training or exercise, it is the Member’s responsibility to cease that activity and bring that circumstance to the attention of the instructor immediately.

3. Members must ask the instructor for permission if they need to leave the mat during class. 

4. Members must keep their body and uniform clean, trim and clean their fingernails, remove jewelry or piercings, and refrain from wearing strong-smelling perfume or cologne during class. 

5. Members will not practice under the influence of any intoxicant.

6. Members will be on time (i.e. on the mat 5 minutes before start time) for practice. 

7. Members participate in School cleaning; it is a part of practice.

8. Members will refrain from engaging in any reckless or willfully dangerous behavior.

9. Members will maintain an attitude conducive to serious and earnest training.  

10. Members will not eat, smoke, chew gum, or drink (with the exception of water) while in the School. Instructors may make exceptions to this rule for parties and special events.

Further, the instructor, or anyone authorized to act in the instructor’s stead, has the right to terminate the Member’s participation in class for unsafe behavior, willful disobedience or disrespect shown to any instructor or member, or for any conduct which is deemed detrimental to or inconsistent with the practice of aikido, weapons, Zen, or Misogi. 

4. RELEASE OF LIABILITY. In consideration of being permitted to participate in any way in the practices of the School including aikido, weapons, Zen and Misogi and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the Member, or consignors for a minor participant, named below agree:

1. The Member will (or in the case of a cosigners, will instruct the minor participant to), prior to participating in aikido, weapons, Zen or Misogi activity or event, inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the Member should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE; I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.

2. The Member or consignor(s) fully understands and acknowledges that:
   
   

1. There are risks and dangers associated with participation in the practice of aikido, weapons, Zen, Misogi, or other activities conducted under the auspices of the School. These risks include bodily injury, soft tissue damage, broken bones, heart attack, stroke, or other cardiovascular damage, emotional or psychological damage, partial and/or total disability, paralysis and death. Due to the nature of the practice, these risks cannot be eliminated.

2. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.

3. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.

4. There may be other risks not known to us or are not reasonably foreseeable at this time.

3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.

4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the School, including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, the martial arts facility used by the participant, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin. For any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.

5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage.  Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. 

6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

7. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) or co-signers for the minor participant executes this Waiver and Release.  If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.

8. The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in martial arts instruction and the martial arts, and that member is hereby assuming such risks voluntarily.

9. The Member hereby releases and agrees to indemnify and hold the School and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the School’s classes and curriculum and the martial arts, including, but not limited to, any claims based on the School’s negligence.

10. The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending School classes or participating in the martial arts. Alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in School classes or the martial arts.

5. Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.

6. Entire Agreement: This Agreement constitutes the entire agreement between the Member and School with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.

7. Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

8. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of Cook County, without regard to principles of conflicts of law.

9. Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of the School. School may assign this Agreement and/or its rights and obligations hereunder in its sole discretion.

10. Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.

11. Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.

12. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

13. Arbitration. Any dispute arising out of, or related to, this Agreement shall be resolved by and through mediation followed by an arbitration proceeding conducted under the auspices of the Circuit Court of Cook County Arbitration Program, and the parties hereto hereby irrevocably agree to submit any such dispute solely and exclusively to Cook County Arbitration Program. The arbitration proceeding shall be conducted under the commercial arbitration rules (formal and informal) of the Cook County Arbitration Program in as expedited a manner as is then permitted by such rules. Both the foregoing agreement of the parties to arbitrate any and all such disputes, and the results, determinations, findings, judgments or awards rendered through any such arbitration shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.

14. Attorneys’ Fees; Cost of Collection. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by the School.