By receiving and using TKA’s online martial arts instructional programs and content (“TKA Programs”), you accept and agree, on behalf of yourself and any minor for whom you are the parent or legal guardian, to enter into the following agreement with TKA, Inc. (principal place of business in Maryland), as well as its members, officers, employees, instructors, and representatives (individually and collectively, “TKA”),
- All instructional programs, content, instructional comment or advice, and any related information embodied in the TKA Programs are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose.
- You acknowledge and fully understand that any fitness or exercise activities involves risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. Some of the skills, techniques and activities taught in TKA Programs are inherently dangerous and could result in harm to you or to others. You further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the TKA Programs because you will necessarily be engaging in fitness or exercise activities on your own, without real-time supervision by TKA, in a facility or location over which TKA has no control.
- You understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and you hereby represent that you have either consulted your physician or that you acknowledge the risks inherent in such activities but have elected to engage in TKA Programs without seeking prior approval by a physician.
- You hereby acknowledge and accept the foregoing risks and dangers. Further, you hereby waive, release, and discharge TKA, on behalf of yourself, heirs, and assigns, from any and all liability from death, injuries or damages arising from or in any way connected with the TKA Programs including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of TKA, no matter where or how those injuries occur.
- If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. Any suit brought under this agreement, or in any way related to TKA Programs, shall be brought in Maryland, and both parties irrevocably consent to venue and jurisdiction of the courts of Maryland and sole application of Maryland law.
- You hereby give permission to TKA to use your, and of any minors identified below, name and photographic/video likeness in all forms and media for training, advertising, displays, trade, and any other lawful purposes.
- You have read this agreement in its entirety and agree to adhere to all its provisions. Any questions that you may have had relating to anything in this agreement have been answered to your satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.