User Agreement: Waiver of Liability, Assumption of Risk, and Indemnity Agreement

USER AGREEMENT: WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Upstate Holistic Health LLC, DBA Clemson Martial Arts

Terms of Service Agreement

By enrolling in a program or utilizing the services provided by Upstate Holistic Health (dba Clemson Martial Arts), you agree to comply with all terms and conditions of this user agreement. This includes our standard fee schedules and any upcoming modifications detailed on our Policy Updates page.

1. Release and Waiver of Liability

I, the undersigned, for myself, my heirs, personal representatives, or assigns, in consideration of being permitted to attend, enroll in, and participate in any and all classes, events, or programs at Upstate Holistic Health LLC, DBA Clemson Martial Arts (“the Organization”), hereby release, waive, discharge, and covenant not to sue the Organization, including its owners, officers, agents, employees, instructors, volunteers, and affiliated entities, including but not limited to the United Mirae Kuk Sool, LLC and CSJKJN Sung Jin Su, from any and all liability for personal injury, illness (including communicable diseases such as COVID-19), death, or property damage arising out of or related to my participation in any such activities, including those caused by the negligence of the Organization.

2. Assumption of Risk

I understand and acknowledge that martial arts activities carry inherent risks. These risks include, but are not limited to:

Minor injuries: bruises, sprains, scratches
Major injuries: concussions, joint injuries, eye injuries, heart-related incidents
Catastrophic injuries: paralysis, death

I knowingly and voluntarily assume all such risks and affirm that my participation is voluntary.

3. Indemnification and Hold Harmless

I agree to indemnify and hold harmless Upstate Holistic Health LLC, DBA Clemson Martial Arts, and all associated parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities (including attorney’s fees) arising from or related to my participation in the Organization’s activities, whether caused by negligence or otherwise.

4. Emergency Medical Treatment Consent

I authorize Upstate Holistic Health LLC, DBA Clemson Martial Arts and its representatives to seek emergency medical treatment on my behalf if I am incapacitated or for my minor child in the event of illness or injury. I understand I am financially responsible for any such care.

5. Photo and Video Release

I grant Upstate Holistic Health LLC, DBA Clemson Martial Arts and the Community Martial Arts Foundation non-revocable permission to record, photograph, or otherwise capture my (or my child’s) image and likeness in any format, and to use such media in any lawful way related to promotional, instructional, or advertising purposes.

I waive any right to compensation, inspection, or approval of such use and release the Organization from all liability arising from such usage.

6. Sparring Agreement

I understand that sparring is voluntary and carries additional physical risk. I agree that I (or my child) will not participate in sparring without proper approved gear, including:

Full foam headgear
Hand and foot protectors
Mouth guard (required)
Groin protection for males

Participation without gear is a violation of policy. I agree to hold the Organization harmless for any injury resulting from sparring.

7. Payment Terms & Cancellation Policy

By signing this agreement, I acknowledge and agree to the following payment and cancellation terms:

Ongoing Tuition: All tuition and membership fees are billed according to the payment schedule agreed upon at the time of enrollment.
Cancellation Notice Requirement: Any request to cancel or withdraw from a membership, training program, or payment plan must be submitted in writing to the Organization at least 60 days in advance.
Early Cancellation Penalty: If I choose to cancel prior to the end of a commitment period without the required notice, I agree to pay a cancellation fee equal to 50% of the remaining balance.
Chargeback Waiver: I agree not to dispute charges related to tuition or fees through my credit card company. I agree to first pursue resolution through the Organization’s internal dispute process.
Internal Dispute Process: I agree to provide the Organization a good-faith opportunity to resolve any billing disputes internally before initiating external action.

8. Medical Disclosure

I certify that I (or my child) am in good health and have disclosed any known medical conditions that may affect safe participation in physical activity. I acknowledge that it is my responsibility to consult a physician regarding readiness to participate in martial arts training.

9. Behavior & Conduct Policy

I agree to abide by all safety rules, instructions, and behavioral expectations set forth by Upstate Holistic Health LLC, DBA Clemson Martial Arts. I understand that the Organization reserves the right to suspend or terminate participation due to unsafe, disruptive, or disrespectful conduct, without refund.

10. No Guarantee of Results

I understand that participation in martial arts does not guarantee promotion in rank, skill advancement, fitness gains, or specific results. Progress is dependent upon individual effort, attitude, and consistency.

11. Severability

This agreement is intended to be as broad and inclusive as permitted by South Carolina law. If any provision is held to be invalid, the remaining provisions shall continue in full force and effect.

12. SMS Opt-In Statement for Clemson Martial Arts

By signing this waiver, you consent to receive SMS updates and communications from Clemson Martial Arts regarding your program and other related information. Message and data rates may apply. To opt out at any time, simply reply with STOP. Please view our full SMS policy at https://www.clemsonma.com/sms-policy/. Your participation is appreciated, and we look forward to keeping you informed.

13. Acknowledgment of Understanding

I have read and fully understand this Waiver of Liability, Assumption of Risk, and Indemnity Agreement. I understand that by signing it, I am giving up substantial legal rights, including the right to sue. I acknowledge that I am signing freely and voluntarily, and intend this to be a complete and unconditional release of liability to the fullest extent permitted by law.