WAIVER, RELEASE OF LIABILITY AND AGREEMENT TO INDEMNIFY AND HOLD HARMLESS AND TO DEFEND:
In consideration of being permitted to utilize the open gym, equipment, facilities and/or property (collectively, the "Facilities") owned, operated or managed by W & H Enterprise, LLC. (the "Gym"), and Nihon Karate Do Itosu Ryu, Morgan Karate, and Jeff Mathews (collectively together the “Karate School”), the undersigned, on behalf of him/ herself, his or her heirs, executors, administrators, assigns, personal representatives, knowingly and voluntarily enters into this Waiver, Release of Liability and Agreement to Indemnify and Hold Harmless and to Defend (hereafter the "Waiver"). I hereby FOREVER RELEASE AND DISCHARGE Gym and Karate School, its employees, managers, members, agents, attorneys, staff, volunteers, affiliates, representatives and assigns (the "Released Parties"), from any and all liabilities, claims, demands or causes of action that I may hereafter have for personal injuries, death or property damage arising out of my use of the Facilities, including but not limited to, (i) hidden, latent, or obvious defects, (ii) the negligence or omission, including any act, other than the willful misconduct, of any Released Party, and (iii) my failure to exercise due care. I hereby acknowledge that Gym owes no duty of care to keep the Facilities safe for entry or use or to give any warning regarding a dangerous condition, use, structure or activity on the property or Facilities. I am fully aware of all of the risks associated with entering the property and utilizing the Facilities. I am qualified, in good health and in proper physical condition to participate in activities held at the Facilities. I acknowledge that if I believe any conditions are unsafe at the Facilities, I will immediately discontinue participation in the relevant activity. I am utilizing the Facilities entirely at my own risk. I understand that physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, including paralysis, physical or emotional loss or death may occur. I further understand that I might suffer economic loss or damage to my personal property from using the Facilities. I knowingly accept all risks both known and unknown and whether caused by me or by another party, including, without limitation, negligence or misconduct. I understand that I am using the Facilities for my own benefit and that no representations, warranties, or guarantees related to the nature or condition of the Facilities has been made by the Gym or the Released Parties. I agree never to institute any suit or action at law or otherwise and hereby instruct my heirs, executors and administrators never to institute any suit or action at law or otherwise against any Released Party nor to initiate any nor assist the prosecution of any claim for damages or cause of action which I, my heirs, executors or administrators may have by reason of injury or death to my person or property arising from the activities contemplated by this Waiver. I acknowledge that the breach of such covenant will cause substantial and irreparable harm to any Released Party named as a defendant to such lawsuit beyond the mere expense of defending the same and that such damages are difficult or impossible to estimate or ascertain with certainty. I agree to indemnify, hold harmless and to defend the Released Parties from and against any and all liabilities, claims, demands, suits or judgments or costs including attorney's fees incurred or initiated in connection with my use of the Facilities or presence thereon, including, but not limited to pain and suffering, economic injuries, illness, paralysis, death, damages of any kind or economic or emotional loss, that I may suffer as a direct or indirect result of my use of the Facilities. I further agree to promptly repair, restore, replace or pay all costs to repair any damage to Gym or its property or Facilities caused by me or any other person or item under my control. I agree that this Waver shall be construed in accordance with and governed by the laws of the State of Utah. In addition, I agree that all litigation, mediation or arbitration for property damage, personal injury or related loss against any of the Released Parties must be brought and maintained in Morgan County, Utah. Further, I consent and agree that jurisdiction and venue for any litigation shall lie exclusively in state and federal courts located in Morgan County, Utah. In the event any portion of this Waiver is found to be unenforceable, the remaining terms shall be fully enforceable to the greatest extent permitted by law. HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING WAIVER, RELEASE AND INDEMNITY AGREEMENT, I SIGNIFY MY AGREEMENT AND ASSENT TO THE ABOVE TERMS.

Payment Policy:

1. All payments are due on or before the student attends their first class.  Payment can be made by bank transfer, Visa, MasterCard, American Express, Debit Cards, and Apple Pay.

2. Payment for classes are made on a 3-month basis, according to the session, and will be $150 per session.  Alternatively students may pay on a $20 per-class basis but must speak to the instructor separately for approval. 

3. Payment for classes must be received before a student will be allowed to attend classes.   

4. Students taking their third belt rank test (6th kyu) will be required to pay a one-time $25.00 Itosu Ryu membership fee.  

5. NO credits or refunds are given for classes not attended.  Make-up or additional (bonus) classes may be scheduled by the Instructor at his discretion.  Students registering late or midway thru a session will be required to pay for the entire session but the Instructor will provide a refund based on a pro-rated calculation.  

6. Nihon Karate-Do Itosu Kai reserves the right to cancel a student's registration (and provide a pro-rata refund of registration fees paid) at any time without cause or explanation. We also reserve the right to schedule additional classes and other activities at any time or cancel classes as deemed necessary and will make all efforts to provide advance notice (but cannot guarantee advance notice can be given in all instances where an unexpected class cancellation may occur).  In the event of a class cancellation we will offer a make-up class to the students affected.