Service Terms and Conditions
NODOKA MARTIAL ARTS
UNIT 1 TUNDRY WAY, BLAYDON-ON-TYNE, NE21 5SJ (“we” or “us”)
Agreement
1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your classes. This document will constitute a legally binding agreement between us from when you sign up for a free trial / membership / private session either through signing this document or coming to your first (and subsequent) class / session / event, showing you accept these terms and conditions.
Your health
2. We are not medical professionals and cannot advise on whether you should join the classes or not. If you have any concerns at all about your health and undertaking the classes, you should consult your doctor or other medical professional. You should notify us at the outset of any medical conditions that you have or any concerns that you have about participating in the classes. If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class. You agree that you are voluntarily participating in the classes with the risk that there may be personal injury or illness arising from such participation. None of the information shared with you is any way intended to constitute medical advice or act as a substitute for medical care.
3. If you are pregnant, could potentially be pregnant, or you are post-natal, you understand the risks involved for yourself and the child if you participate in a class / session / event, and you should get medical advice.
Suitable attire and other rules
4.1 You must attend the classes wearing suitable attire for the class, as advised. If you do not do so, we reserve the right to require you to leave the class. The following rules also apply - You may not:
4.1.1 smoke anywhere on the premises at which the classes are held;
4.1.2 take part in the classes under the influence of alcohol or drugs;
4.1.3 be involved in any abusive behaviour towards anyone at or associated with us (including other members);
4.1.4 damage any property or items belonging to us (for which you could be liable);
4.1.4 disrupt our classes in any way;
4.1.5 you may not assign your place in a class to another person.
4.2 Our Etiquette Code (link below) must be adhered to. If our etiquette code is not adhered to in our opinion, disciplinary action can occur, such as demotion in a rank level, postponing gradings, or being expelled from the academy, depending on the severity.
4.3 If you or someone who is coming to support bring your personal belongings to classes/sessions/events, you are responsible for their safety and we shall not be liable for any loss, theft, damage or destruction to such belongings.
Classes and cancellations
5. Our classes are scheduled for 45 minutes to 1 hour (depending on the class). The Classes will generally take place at the times and on the dates set out in our schedule on our website. We reserve the right to change our timetables and scheduled classes and venues and will provide you with as much notice as possible of this, however we shall not be liable to provide you with a refund in the event of any such change. We also reserve the right to change the instructor of the class without any notice to you. Please ensure that your email address and other contact details are up to date at all times and email us at nodokamartialarts@outlook.com if you need to provide us with updated details. We may post revisions to the timetable or the scheduled classes on our website www.nodokamartialarts.com so please check our website regularly.
6. All classes will take place at UNIT 1 TUNDRY WAY, BLAYDON-ON-TYNE, NE21 5SJ unless you are notified otherwise.
7. Any place in our classes is subject to availability. We do not give any priority, and places are allocated on a first-come-first-served basis. If you do not follow our reasonable instructions during any class or are in our opinion disrupting the class, we may require you to leave the class and shall not be obliged to provide you with any refund.
Fees and payments
8. We may offer you a free initial group timetabled class. If you would like to continue with these group timetabled classes, you need to pay for a membership, and will not be accepted at class unless payment has been made. We do not offer free private sessions, and payments for sessions need to be made in advance of the class and if payment has not been received in cleared funds prior to the class, we will not proceed with the class. If you buy a block of private sessions in advance, we may require that these blocks of classes be taken within a certain period of time or they will expire and we shall not be obliged to provide you with a refund.
9. You can cancel your membership at any time as it is is on a monthly rolling basis, but once that month’s membership is paid, you will not be refunded for the days that month since asking to cancel and you will have access to classes (unless a reason occurs) until when the next membership would have been due the following month. If you would like to cancel your membership, please inform us in writing.
Data Protection
10. We comply with data protection laws in relation to your personal data. Please see our Privacy Policy on our website (link below) for details of how we use your personal data.
Intellectual Property
11. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the classes and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the classes. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the classes for the purposes for which the classes were provided only.
12. You may not without our prior consent make any audio and/or visual recordings of all or any part of our classes. We may make audio and/or visual recordings of our classes with your permission.
Liability – READ THIS SECTION CAREFULLY
13. Assumption of Risk: By participating in the classes and private sessions, you acknowledge that:
13.1.1 Physical exercise and martial arts can be strenuous, and you voluntarily assume the risks associated with participation, including the risk of injury, harm, or exacerbation of existing medical conditions.
13.1.2 You have consulted a medical professional before participating in physical activities if required or appropriate given your health.
14. The organiser, instructors, and any associated parties shall not be held liable for injuries, damages, or losses sustained during or as a result of participation in the classes (including open mat/sparring sessions), or private sessions unless caused by negligence.
15. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
16. The services shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. You must make us aware of any medical condition that may impact upon your ability to participate in the classes or that may impact on your health in the classes.
17. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
18. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the classes in the 12 months preceding any claim.
19. If we are prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
20. Food & Allergies: You understand that food and/or drink may be provided by us or a third-party, and you have given a detailed explanation that is correct to the best of your knowledge regarding any allergies you may have to the person responsible for making the food/drink. You are fully aware of this risk and hereby release us from any and all liability or other claims arising from or in any way connected with your participation in a class, session, event.
21. The provisions of this liability section shall survive termination of this agreement.
General
22. If we fail, at any time during the term of the agreement, to insist upon strict performance of any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23. A waiver by us of any default shall not constitute a waiver of any subsequent default.
24. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
25. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term / condition will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
27. We each acknowledge that, in entering into an agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior, except as expressly stated in these terms and conditions.
28. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
29. We have the right to revise and amend these terms and conditions from time to time.
30. You will be subject to the policies and terms and conditions in force at the time that you order Classes / Sessions / Events from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you).
31. Contracts for the purchase of Classes / Sessions / Events through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
