Terms of Use

RECITALS

This is a binding legal agreement between you and Toronto Applied Karate (“TAK”), its directors, officers, committee members, members, employees, volunteers, participants, agents and representatives, and third parties that we work with, such as the City of Toronto or MacDonald Dettwiler & Associates ("MDA") (herein after collectively referred to as the “Organization”, "we" or "us") that governs all interactions between you and the Organization, including, but not limited to, using our website and our social media platforms (herein after collectively referred to as “our site”), and participating in our programs.  By using our site and/or participating in our programs, you agree to these Terms of Use. 

We reserve the right to change this agreement at any time, with or without notice. Such changes will be effective when posted.

 

By continuing to access or use our site and attend our programs after we post any such changes, you accept this agreement as modified.

 

Since we can amend this agreement at any time, we recommend that you print or save a local copy of this agreement for your records.

 

You represent that you are legally able to accept this agreement, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so.

 

Please read this agreement carefully before accessing or using our site or attending our programs.

 

IF YOU DO NOT AGREE TO THE TERMS OF USE AS OUTLINED IN THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SITE OR ATTEND OUR PROGRAMS.

 

DISCLAIMER

You agree that the Organization is not responsible for any injury, personal injury, damage, property damage, expense, loss of income, or loss of any kind suffered by you during, or as a result of, accessing our site or any program, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

DESCRIPTION OF RISKS

You agree that you are voluntarily using our site and voluntarily participating in the sport of karate and the actives, events and programs of the Organization. In consideration of your participation in the sport of karate and the programs, activities and events of the Organization, you hereby acknowledge that you are aware of the risks, dangers and hazards associated with or related to the sport of karate and any such programs, activities and events of the Organization including injuries which can be severe and even fatal.

You agree that you understand and fully accept that the risks, dangers and hazards include, but are not limited to, injuries from: (a) exerting and stretching various muscle groups, strenuous cardiovascular workouts and heatstroke; (b) vigorous physical exertion, rapid movements and quick turns and stops; (c) falling, tumbling or hitting other instructors or participants; (d) falling to the ground or floor due to uneven, slippery or irregular surfaces; (e) contact, colliding or being struck by equipment, walls, stands, or benches; (f) failing to participate within one’s abilities and within designated areas; (g) failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment; (h) animal attacks; including but not limited to, dogs; (i) extreme weather conditions which may result in heatstroke, sunstroke or lightning strikes; (j) spinal cord injuries which may render you permanently paralyzed; or (k) accidents related to travel to and from competitive events and associated non-competitive events which are an integral part of the Organization’s activities.

You further agree that you understand and fully accept that: (a) injuries sustained can be severe; (b) you may experience anxiety while challenging yourself during the activities, events and programs; (c) your risk of injury may be reduced if you follow all rules established for participation; and (d) your risk of injury increases as you become fatigued.

KARATE CLASSES

If you are new to our Organization, you can join our karate classes by clicking on the karate class program of your choosing on the “Plans & Pricing” page of our site and completing the sign-up process.  If you are under the age of 18 years, this must be done by a parent or guardian.

By signing up for a karate class via our site, on behalf of either yourself or a minor child, you agree that you are 18 years or older and are able to enter into a legal contract. 

Our karate classes are a subscription service.  The first 30-days after the date on which you signed up is a free trial period.  After the end of the 30-day trial period, if you continue with the class, you agree that your PayPal account will be automatically charged every month.

You also agree to pay for your karate class program for a minimum of 3 months.  There are no refunds.  You may only cancel your membership after you have completed 3 months as a paying member.

By signing up for a karate class via our site, you also agree to all the Terms of Conditions contained herein, as well as to our Privacy Policy.

 

SELF DEFENCE CLASSES

You can join a self defence course by clicking on the program of your choosing on the “Plans & Pricing” page of our site and completing the sign-up process.  If you are under the age of 18 years, this must be done by a parent or guardian.

By signing up for a self defence course via our site, on behalf of either yourself or a minor child, you agree that you are 18 years or older and are able to enter into a legal contract. 

The self defence course is a program that runs for a set period of time (normally 6 - 8 weeks)

By completing the sign-up process, you agree that your PayPal account will be automatically charged a one-time fee for this course.  There are no refunds.

By signing up for a self defence course via our site, you also agree to all the Terms of Conditions contained herein, as well as to our Privacy Policy.

MEMBERS AREA OF THE WEBSITE

Once you have completed the sign-up process, you may create a Member Account on our site and log-in the Member’s Area.

You agree to not copy or distribute in any fashion any information you find in the Member’s Area.  You agree that the information provided in the Member’s Area is owned and copyrighted by TAK, and has been provided to you for educational purposes only.

You agree that if you copy or distribute in any fashion any information found in the Member’s Area that we have the right to pursue a judgment against you in a civil court in accordance with the laws and regulations of Ontario and Canada.

You agree to protect your username and password to the Member’s Area and to not share this information with anybody else.

COPYRIGHT AND INTELLECTUAL PROPERTY

Our Site and Social Media Platforms are owned by TAK. Any images, graphics, multimedia or content is copyrighted by TAK and may only be used in the manner provided for in the outlined in these Terms of Use.

In addition, our Site contains names, logos, trademarks, service marks and other intellectual property which are the property of TAK and may not be used for any purpose without the express written consent of TAK.

RELEASE OF LIABILITY

In consideration of the Organization allowing you to participate, you agree that: (a) within the past twelve months, a medical doctor has verified that you are able to safely participate in the activities, events and programs of the Organization after conducting a thorough assessment of your physical condition; (b) you assume all risks arising out of, associated with or related to your participation; (c) you waive any and all claims that you may have now or in the future against the Organization; (d) you freely accept and fully assume all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from your participation in the sport of karate and the activities, events and programs of the Organization; and (e) you forever release the Organization from any and all liability for any and all claims, demands, actions and costs that might arise out of your participation in the activities, events and programs of the Organization, due to any cause whatsoever, even though such risks, injuries, loss, damage, claims, demands, actions or costs may have been caused by the negligence or breach of any duty of care of the Organization. 

You agree that the Organization may take action to remove you from participating in classes for whatever reason it deems fit, including, but not limited to, your unsafe conduct around others. 

You agree that the Organization may take photographs of your child for use in the Organization’s publications and site for promotional purposes. You also agree that you are aware that you may withdraw consent for taking photographs of your child at any time by notifying the Organization in writing.

You agree that you have executed this agreement voluntarily and are bound by this Legal Agreement, and that this Agreement is binding upon yourself, your heirs, executors, administrators and representatives even if you have not read the Agreement (either in part or as a whole).

 

UPDATED: October 9, 2021