Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," "User," or "Participant") and ABC Martial Arts ("we," "us," "our," or the "Company"), governing your access to and use of the website located at https://template.martialartsurl.com ("Site"), including all pages, subdomains, content, features, forms, and services offered through the Site, as well as your enrollment in and participation in any classes, programs, events, camps, or services provided by ABC Martial Arts (collectively, the "Services").
By accessing or using this Site, submitting any form, registering for any program, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and our Waiver, all of which are incorporated herein by reference. If you do not agree to all of these Terms, you must immediately discontinue use of the Site and refrain from participating in any of our Services.
These Terms are effective as of April 1, 2026, and were last updated on April 1, 2026.
Eligibility
By using this Site or enrolling in any of our Services, you represent and warrant that:
- You are at least 18 years of age, or you are the parent or legal guardian of a minor who will be participating, and you are entering into these Terms on their behalf with full legal authority to do so.
- You have the legal capacity to enter into a binding agreement in your jurisdiction of residence.
- All information you provide to us is truthful, accurate, current, and complete, and you will promptly update any information that changes.
- Your use of the Site and participation in our Services does not violate any applicable law, regulation, or court order.
If you are enrolling a minor (any person under the age of 18) in any program, you agree that you are the minor's parent or legal guardian and that you accept these Terms, the Privacy Policy, and the Waiver on the minor's behalf. You assume full responsibility for the minor's participation and compliance with these Terms.
Assumption of Risk
MARTIAL ARTS, FITNESS, AND RELATED PHYSICAL ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE A RISK OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, AND DEATH. By enrolling in or participating in any classes, programs, events, camps, or activities offered by ABC Martial Arts, you expressly and voluntarily assume all risks associated with such participation, whether known or unknown, foreseeable or unforeseeable.
These risks include, but are not limited to:
- Sprains, strains, fractures, dislocations, concussions, and other musculoskeletal injuries
- Bruises, cuts, abrasions, lacerations, and contusions
- Head, neck, spinal cord, and brain injuries, including traumatic brain injury
- Cardiovascular events, including heart attack and stroke
- Injuries resulting from contact with other participants, instructors, equipment, or facility surfaces
- Injuries resulting from falls, throws, joint locks, chokes, strikes, grappling, and other martial arts techniques
- Aggravation of pre-existing medical conditions, whether known or unknown
- Exposure to communicable diseases, infections (including skin infections such as ringworm, staph, and MRSA), and other illnesses
- Injuries caused by defective or malfunctioning equipment, inadequate supervision, or the negligence of other participants
- Emotional distress, psychological injury, and humiliation
- Permanent disability and death
You acknowledge that this list is not exhaustive and that other risks may exist. You have had the opportunity to ask questions and consult with medical professionals before participating. You voluntarily elect to participate despite the risks.
Waiver & Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ABC Martial Arts, its owners, officers, directors, managers, employees, instructors, coaches, volunteers, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorneys' fees) of any kind, whether known or unknown, arising out of or in any way connected with your use of the Site, your participation in any classes, programs, events, or activities, or your presence at any facility operated by ABC Martial Arts.
This release includes, without limitation, claims arising from the negligence, gross negligence, or willful misconduct of the Released Parties, defective equipment, inadequate supervision, breach of contract, or any other cause. This release is intended to be as broad and inclusive as permitted by applicable law.
You further agree that if, despite this release, you or anyone on your behalf makes a claim against any of the Released Parties, you will indemnify, defend, and hold harmless each of the Released Parties from any and all claims, damages, losses, costs, and attorneys' fees incurred as a result.
If you are enrolling a minor, you execute this waiver and release on the minor's behalf and agree to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor.
Medical Acknowledgment & Fitness to Participate
By enrolling in or participating in any of our Services, you represent and warrant that:
- You (or your minor child) are in good physical health and have no medical condition, disability, or impairment that would prevent safe participation, or you have obtained written medical clearance from a licensed physician.
- You have disclosed all relevant medical conditions, allergies, injuries, and physical limitations to ABC Martial Arts in writing prior to participation.
- You understand that ABC Martial Arts does not provide medical advice and that our instructors are not medical professionals.
- You will immediately cease participation and notify an instructor if you experience any pain, discomfort, dizziness, difficulty breathing, or any other symptom that may indicate a medical issue.
You authorize ABC Martial Arts and its staff to seek and obtain emergency medical treatment on your behalf (or on behalf of your minor child) in the event of an injury or medical emergency, and you agree to be financially responsible for all costs associated with such treatment. ABC Martial Arts is not obligated to provide medical care but may do so at its discretion.
Code of Conduct
All participants, parents, guardians, and visitors are expected to conduct themselves in a respectful, sportsmanlike, and professional manner at all times while on our premises, participating in our programs, or interacting with our staff, instructors, and other participants. You agree to:
- Follow all rules, policies, and instructions issued by ABC Martial Arts and its instructors
- Treat all instructors, staff, students, and visitors with respect and courtesy
- Refrain from any form of harassment, bullying, intimidation, discrimination, or abusive behavior
- Refrain from using excessive force, engaging in dangerous conduct, or intentionally injuring another person
- Not attend classes or enter the facility while under the influence of alcohol, drugs, or any substance that may impair your physical or mental abilities
- Maintain proper personal hygiene, including clean training attire and trimmed fingernails and toenails
- Not bring weapons, illegal substances, or any dangerous items onto the premises
- Immediately report any injury, safety concern, or policy violation to an instructor or staff member
ABC Martial Arts reserves the absolute right to refuse service, suspend, or permanently terminate the enrollment of any participant who violates this Code of Conduct or whose behavior is deemed disruptive, dangerous, or incompatible with the safe and orderly operation of our programs, without refund or liability.
Enrollment, Fees & Payment
By enrolling in a program or purchasing any service from ABC Martial Arts, you agree to pay all applicable fees, tuition, and charges as described at the time of enrollment or purchase. You acknowledge and agree to the following:
- Pricing: All prices are subject to change at any time without prior notice. The price in effect at the time of your enrollment or purchase will apply to that transaction.
- Recurring Payments: If you enroll in a program with recurring billing (e.g., monthly tuition), you authorize ABC Martial Arts or its designated payment processor to automatically charge your payment method on file at the agreed-upon intervals until you cancel in accordance with these Terms.
- Failed Payments: If any payment is declined, returned, or otherwise fails, you remain responsible for the full amount due. A late fee or administrative fee may be applied to past-due balances as permitted by applicable law.
- No Refunds: Unless otherwise required by applicable law, all fees, tuition, and payments are non-refundable. Trial sessions, introductory offers, and promotional rates are subject to additional terms as stated at the time of the offer.
- Account Freeze & Holds: Requests to temporarily freeze or place a hold on your membership or enrollment are subject to approval and the terms and conditions of your specific membership agreement.
- Collections: If your account becomes delinquent, we reserve the right to refer the outstanding balance to a third-party collection agency. You agree to pay all costs of collection, including reasonable attorneys' fees and court costs, to the extent permitted by applicable law.
Cancellation & Termination
Cancellation of enrollment or membership must be submitted in writing (including email) in accordance with the specific terms of your enrollment agreement. Verbal requests alone are not sufficient to effect cancellation.
- Cancellation requests must be received at least thirty (30) days prior to the next billing cycle to avoid charges for the following period.
- Cancellation does not entitle you to a refund of fees already paid, except as required by applicable law.
- Any promotional or discounted rate is contingent upon fulfillment of the agreed-upon commitment period. Early termination may result in forfeiture of promotional pricing and assessment of the regular rate for the period of participation.
ABC Martial Arts reserves the right to terminate your enrollment or access to any Service at any time, with or without cause, and with or without notice, including but not limited to violations of these Terms, the Code of Conduct, or failure to pay fees when due. Such termination shall not relieve you of any obligation to pay outstanding fees.
Intellectual Property
All content on this Site, including but not limited to text, graphics, photographs, images, illustrations, videos, audio, logos, trademarks, trade names, service marks, page headers, icons, software, and the overall design and arrangement thereof (collectively, "Content"), is the exclusive property of ABC Martial Arts or its licensors and is protected by applicable copyright, trademark, trade dress, patent, and other intellectual property laws.
- You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any Content from this Site without the prior written consent of ABC Martial Arts, except as expressly permitted by these Terms or applicable law.
- You may not use any ABC Martial Arts trademarks, logos, or trade names without our prior written permission.
- You may not use data mining, robots, scraping, or similar automated data-gathering tools on our Site.
- You may not frame or use framing techniques to enclose any Content or trademark without our written consent.
- Any unauthorized use of our Content constitutes a violation of these Terms and may violate copyright, trademark, and other laws, and may subject you to civil and criminal penalties.
Photo, Video & Media Release
By enrolling in any program or attending any event, class, or activity at ABC Martial Arts, you grant ABC Martial Arts and its authorized representatives an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to photograph, film, record, and otherwise capture your image, likeness, voice, name, and statements (and those of your minor child, if applicable) in any medium now known or hereafter developed.
You further grant ABC Martial Arts the unrestricted right to use, reproduce, modify, distribute, display, publish, and create derivative works of such materials for any lawful purpose, including but not limited to marketing, advertising, promotional materials, social media, website content, instructional materials, and public relations, without compensation, notice, review, approval, or consent.
You waive any right to inspect or approve the use of your image or likeness, any right to royalties or other compensation, and any claim (including claims based on right of publicity, right of privacy, defamation, or false light) arising from the use of such materials. If you do not wish to be photographed or recorded, you must notify ABC Martial Arts in writing prior to participation.
Website Use & Prohibited Conduct
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only, subject to these Terms. You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems or networks
- Interfere with or disrupt the Site, its servers, or networks connected to the Site
- Introduce viruses, trojans, worms, malware, ransomware, or other harmful or malicious code
- Submit false, misleading, or fraudulent information through any form on the Site
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Harvest, collect, or store personal information of other users without their consent
- Use the Site to transmit unsolicited advertising, promotional materials, spam, chain letters, or any other form of solicitation
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or technology used on the Site
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site
We reserve the right to take any action we deem appropriate in response to violations, including suspending or terminating your access, reporting illegal activity to law enforcement, and pursuing any legal remedies available to us.
Third-Party Links & Services
Our Site may contain links to third-party websites, services, or content that are not owned or controlled by ABC Martial Arts. We provide these links for convenience only and do not endorse, guarantee, or assume responsibility for any third-party content, products, services, privacy practices, or policies. You access any third-party site at your own risk and subject to that site's terms and conditions and privacy policy. ABC Martial Arts shall not be liable for any loss or damage arising from your use of or reliance on any third-party site or service.
Disclaimer of Warranties
THE SITE, ALL CONTENT, AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABC Martial Arts EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR SERVICES
- WARRANTIES THAT ANY RESULTS OR OUTCOMES (INCLUDING PHYSICAL FITNESS, WEIGHT LOSS, SELF-DEFENSE PROFICIENCY, BELT PROMOTIONS, OR COMPETITION RESULTS) WILL BE ACHIEVED THROUGH PARTICIPATION IN OUR PROGRAMS
No advice or information, whether oral or written, obtained from ABC Martial Arts or through the Site shall create any warranty not expressly stated herein. You acknowledge that your use of the Site and participation in our Services is at your sole risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABC Martial Arts, ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INSTRUCTORS, COACHES, VOLUNTEERS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY
- PERSONAL INJURY, BODILY HARM, EMOTIONAL DISTRESS, OR DEATH
- PROPERTY DAMAGE OR LOSS OF PERSONAL BELONGINGS
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SITE, YOUR PARTICIPATION IN ANY SERVICES, OR YOUR PRESENCE AT ANY FACILITY, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ABC Martial Arts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ABC Martial Arts FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO ABC Martial Arts IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 CAD/USD).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless ABC Martial Arts and its owners, officers, directors, managers, employees, instructors, coaches, volunteers, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
- Your breach of any provision of these Terms
- Your use of the Site or participation in any Services
- Your violation of any applicable law, regulation, or rights of any third party
- Any negligent, reckless, or intentional act or omission by you while on our premises or participating in our programs
- Any claim brought by or on behalf of a minor whom you enrolled in our programs
- Any information or content you submit, post, or transmit through the Site
This indemnification obligation shall survive the termination of these Terms and your enrollment.
Dispute Resolution & Governing Law
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the province or state in which ABC Martial Arts operates, without regard to conflict of law principles.
A. Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact ABC Martial Arts in writing to attempt to resolve the dispute informally. The parties shall negotiate in good faith for a period of at least thirty (30) days from the date of written notice before pursuing any other remedy.
B. Binding Arbitration
If the dispute cannot be resolved informally, you agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services (including the formation, validity, enforceability, or breach thereof) shall be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise required by applicable law. Arbitration shall be conducted by a single arbitrator in the jurisdiction in which ABC Martial Arts operates, in accordance with the applicable arbitration rules and procedures in that jurisdiction. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
C. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against ABC Martial Arts. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall proceed in court.
D. Limitation Period
To the extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms, the Site, or the Services must be filed within one (1) year after the claim or cause of action arose. Failure to file within this period shall constitute a permanent waiver and bar of such claim.
Force Majeure
ABC Martial Arts shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, war, terrorism, civil unrest, strikes, labor disputes, power outages, internet or telecommunications failures, fire, flood, or other catastrophic events. During any such period, ABC Martial Arts's obligations under these Terms shall be suspended to the extent affected by the force majeure event.
Personal Property
ABC Martial Arts is not responsible for the loss, theft, or damage of any personal property brought to our facility, including but not limited to clothing, bags, electronics, jewelry, wallets, keys, and vehicles. You assume all risk of loss or damage to your personal belongings. We strongly recommend that you do not bring valuables to our facility and that you secure all personal items in your vehicle or at home.
Modifications to Terms
ABC Martial Arts reserves the right to modify, amend, supplement, or replace these Terms at any time and at our sole discretion. When we make changes, we will update the "last updated" date at the top of this page. If we make material changes, we may provide additional notice (e.g., by posting a prominent notice on the Site or sending you a direct communication). Your continued use of the Site or continued participation in our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and our Services immediately.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.
Entire Agreement
These Terms, together with the Privacy Policy, Waiver, and any enrollment agreement or membership contract you have executed, constitute the entire agreement between you and ABC Martial Arts with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. No waiver by ABC Martial Arts of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition.
Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of ABC Martial Arts. ABC Martial Arts may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction or notice, including in connection with a merger, acquisition, sale of assets, or other business transaction.
No Waiver
The failure of ABC Martial Arts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ABC Martial Arts. A waiver of any right or provision on one occasion shall not be deemed a waiver of such right or provision on any other occasion.
Contact Us
If you have any questions, concerns, or inquiries regarding these Terms and Conditions, please contact us:
- Business Name: ABC Martial Arts
- Email: [email protected]
- Phone: 613-586-7675
- Address: 1062 Topsail Rd, Mount Pearl, NL A1N 5E8