Section 1: Parties. This Agreement ("Contract") is entered into on this date, {sign_date}, by and between Wind in the Pines Kung Fu located at 208 E Lufkin Ave, Lufkin, TX 75901, (hereinafter referred to as the "School") AND
Student Name: {name}
Date of Birth: {dob}
Address: {address}
Guardian Name: [If student is a minor, insert guardian’s name]
(hereinafter referred to as the "Student").
Section 2: Class Details. The Student agrees to participate in martial arts and/or wellness training classes (hereafter referred to as "classes") offered by the School.
The School reserves the right to modify class times, days, or instructors as necessary. Classes may occasionally be cancelled due to unforeseen or foreseen circumstances, such as holidays, inclement weather, instructor illness, or facility maintenance. There may be times when the Instructor(s) are traveling and unable to conduct classes in person; in such cases, if a substitute instructor is unavailable, the School will make a reasonable effort to hold the class virtually, if feasible. The School will make reasonable efforts to notify students as far in advance as possible through email, text message, or posted notices.
Section 3. Fees and Payment Terms.
Each visitor is allowed a single, free one week all access pass to the classes offered at Wind in the Pines Kung Fu. There is no charge to the visitor for enrolling in the one week, free all access pass. If the student enrolls as a member of the school in one of the Wind in the Pines disciplines, t
he Student agrees to pay tuition to participate in classes. This fee covers instruction, use of the training facility, and general class materials. Payments are due on or before the 5st day of each month. Payments not received by the due date (10th of the month) will be subject to a late fee of $15. Continued non-payment may result in suspension of training privileges until the account is brought up to date. Fees for belt testing are $30/test which covers the sash/belt, certificate, and testing. Monthly tuition is non-refundable, including in cases of missed classes, personal scheduling conflicts, or voluntary withdrawal. Missed classes due to student absence will not result in refunds or prorated tuition.
Section 4. Attendance and Conduct. Regular attendance is essential for progress and success in the classes. Students must arrive on time and be prepared for class. Late arrivals may be asked to wait until an appropriate break to join the class, so as not to disrupt others. Students must wear the approved uniform at all times unless otherwise instructed. Uniforms should be clean and in good condition. The School reserves the right to issue warnings, suspend, or terminate a student’s enrollment for repeated or serious breaches of conduct, Disrespect toward instructors or fellow students, Misuse of martial arts skills outside of class, or unsafe behavior that puts others at risk. Students are responsible for their personal belongings. The School is not liable for lost, stolen, or damaged items brought to class.
Section 5. Health and Safety. The Student affirms that they are in good physical condition and capable of participating in the classes. The Student agrees to disclose any pre-existing medical conditions, injuries, allergies, or other health concerns that may affect their participation. If the Student experiences any changes in health, they agree to notify the School immediately. The Student understands that participation in martial arts involves physical activity and inherent risks, including the possibility of injury. By enrolling, the Student voluntarily assumes all risks associated with training, including but not limited to sprains, strains, bruises, or more serious injuries. In the event of an injury or medical emergency during class, the School may administer basic first aid and/or contact emergency medical services. The Student (or guardian, if the Student is a minor) authorizes the School to take such actions and agrees to bear any resulting costs. Students must maintain proper hygiene, including: Wearing clean uniforms and personal protective equipment, Keeping fingernails and toenails trimmed to avoid injury, Refraining from training if they are sick, contagious, or recovering from illness. Students agree to follow all safety instructions given by instructors and use appropriate control when practicing techniques. Disregard for safety rules may result in suspension or expulsion from the School.
Section 6. Use of Facilities and Equipment. Students are expected to treat all school facilities, equipment, and training tools with care and respect. This includes mats, weapons, pads, and other school property. Equipment may only be used under the supervision and instruction of authorized school personnel. Students may not use weapons, striking pads, or any other training equipment without express permission from an instructor. Students are responsible for their own belongings. The School is not liable for lost, stolen, or damaged personal items brought to class. Students are advised to label their equipment and avoid bringing valuables to training. Students (or their legal guardians, if minors) may be held financially responsible for any damage caused to the facility or equipment due to negligence, misuse, or intentional actions. Students must do their part to maintain a clean and orderly training environment. This includes cleaning up after themselves, returning equipment to its proper place, and notifying instructors of any damaged or malfunctioning gear.
Section 7. Photography and Media Release. By enrolling in the School (either as a trial or full membership), the Student (or parent/guardian, if the Student is a minor) grants permission for the School to photograph, video record, or otherwise capture the Student’s image and likeness during classes, events, and other school-related activities. These images and recordings may be used for Promotional materials (e.g., flyers, posters, and brochures), The School’s website and social media channels, Internal training and documentation purposes, Press releases or news features about the School. The Student understands and agrees that no financial compensation will be provided for the use of such media. The School retains all rights to the use and distribution of these materials. Students or guardians who do not wish to have their image or likeness used in media must submit a written request to the School at the time of registration or at any point thereafter. The School will make reasonable efforts to honor such requests going forward.
Section 8. Termination and Withdrawal. The Student may withdraw from the program at any time by providing written notice to the School. No refunds will be issued for partial months or unused classes. The School reserves the right to terminate this agreement and the Student’s enrollment at its sole discretion for reasons including, but not limited to disrespectful or disruptive behavior, repeated violations of the Code of Conduct or school policies, failure to comply with payment obligations, endangerment of self or others, or misuse of martial arts skills outside the training environment. Tuition and fees paid are non-refundable, regardless of the reason for withdrawal or termination, unless otherwise stated in writing by the School. A Student who has been withdrawn or terminated may apply for re-enrollment. Re-admittance is subject to review and approval by the School.
Section 9. Acknowledgment of Risk. The Student (or Parent/Legal Guardian if the Student is under 18) understands and acknowledges that participation in martial arts training involves inherent risks. These risks include, but are not limited to, physical contact with other participants, strenuous physical activity, use of training equipment, and the potential for accidents such as slips, falls, collisions, and injuries (including sprains, strains, bruises, fractures, concussions, or more serious injury such as paralysis or death). The Student acknowledges that such risks are inherent in the nature of martial arts training and cannot be completely eliminated regardless of the precautions taken by the School or its instructors. The Student affirms that participation in martial arts training and related activities offered by the School is voluntary. The Student confirms that they are in proper health and physical condition to safely engage in such training. The Student knowingly and freely assumes all risks associated with participation in martial arts activities, whether known or unknown, foreseeable or unforeseeable, including those that may arise from the negligence of the School, its instructors, staff, or other participants. To the fullest extent permitted by law, the Student (or Parent/Guardian) hereby waives, releases, and discharges the School, including its owners, instructors, employees, contractors, volunteers, affiliates, and agents (the “Released Parties”), from any and all liability for any injury, illness, damage, loss, or death incurred by the Student as a result of participation in martial arts training or use of the School’s facilities or equipment, including liability arising from negligence. The Student agrees to indemnify and hold harmless the Released Parties from any and all claims, demands, damages, legal actions, or expenses (including attorney’s fees) arising from or related to the Student’s participation in the School’s activities. In the event of injury or medical emergency, the Student authorizes the School to seek medical treatment on the Student’s behalf. The Student agrees to assume full financial responsibility for any medical care rendered.
Section 10. Confidentiality and Non-Compete Agreement. The Student acknowledges that the class curriculum, training methods, instructional techniques, class structure, and any related materials provided by the School (collectively, “Proprietary Information”) are the exclusive intellectual property of the School and are confidential in nature. The Student agrees not to copy, share, disclose, distribute, reproduce, or otherwise disseminate any Proprietary Information to any third party without the express written consent of the School. This obligation shall continue during and after the Student’s enrollment. The Student agrees not to teach, demonstrate, or represent themselves as an instructor of the martial arts style taught by the School unless they have received prior written authorization from the School. Without such authorization, the Student shall not Offer martial arts instruction based on the School’s proprietary methods or Use the School’s name, brand, or reputation in connection with any independent teaching or promotional activity. The Student acknowledges that any breach of this section may result in immediate termination of enrollment and legal action, including injunctive relief and monetary damages. The School reserves all legal rights to protect its intellectual property and business interests.
Section 11. Dispute Resolution. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Student's participation in classes, or any interaction with the School, the parties agree to the following process: Good Faith Resolution: Both the Student and the School agree to first attempt to resolve any disputes amicably and in good faith through informal discussion and negotiation. Mediation: If a resolution cannot be reached informally, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator in the county where the School operates. Each party shall bear its own costs of mediation, and the costs of the mediator shall be shared equally. Arbitration: If mediation fails to resolve the matter, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (or similar body) in the same county or legal jurisdiction as the School. The decision of the arbitrator shall be final and legally binding, and judgment may be entered in any court having jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the state of Texas. Any legal action not resolved through arbitration shall be brought in the courts of that state and county. The Student and the School agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Section 12. Miscellaneous. This Agreement constitutes the entire understanding between the Student and the School with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, whether written or oral. No modification, amendment, or waiver of any provision of this Agreement shall be valid unless made in writing and signed by both the Student (or Parent/Guardian, if applicable) and an authorized representative of the School. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of future enforcement of that or any other provision. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The Student may not assign or transfer their rights or obligations under this Agreement without the prior written consent of the School. This Agreement shall be binding upon the Student and their heirs, legal representatives, and assigns, and shall inure to the benefit of the School and its successors and assigns. Section headings in this Agreement are for reference only and shall not affect the interpretation of the Agreement.
13. Agreement and Signature
By signing below, the Student (or Parent/Guardian, if student is under 18 years old) acknowledges that they have read and fully understand the terms and conditions of this Agreement, including the liability waiver, confidentiality and non-compete clause, and dispute resolution provisions. The Student agrees to abide by all school policies and procedures as outlined in this document. This Agreement is effective as of the date of the final signature and shall remain in effect until formally terminated by either party in accordance with the terms herein.
Student/Guardian Name (Print): {name}
Student Signature:
Date: {sign_date}
Wind In The Pines Kung Fu
