TERMS AND CONDITIONS OF THE CONTINUED SERVICE AGREEMENT

By signing this legal document, you will waive certain legal rights, including the right to sue. Please read carefully.

This is an agreement between Maple Ridge Martial Arts Inc. doing business as West Coast Martial Arts, hereinafter referred to as the “School”, and the undersigned, hereinafter referred to as the “Member”. The “School” operates and maintains an establishment for the purpose of providing to qualified persons, the necessary facilities for progressive instruction, fitness, conditioning, and Martial Arts activities; and the “Member” desires to enrol as a member of the “School”, for the right to be admitted to the same. This agreement is legally binding and enforceable for up to a minimum of 24 months. The “Member” agrees that the “Member” will pay monthly dues for the privilege of having admittance to the facilities until the membership expires or is cancelled giving written notice of at least thirty (30) days. Each membership will revert to a month-to-month membership at the end of the term until cancelled with a written 30 days notice in accordance with Section 2.1 (B) of the Consumer Contracts Regulation.

ADMITTANCE: All parties herein acknowledge and agree that regular class attendance is important for “Member” progress and understands that it is the “Member’s” responsibility to attend classes and that the undersigned is obligated to make payments whether or not the “Member” attends classes and that failure to complete the lessons is not a waiver of the obligation to pay membership fees in full. The undersigned understands that membership fees are not affected by lesson schedules, holidays and/or attendance. The “School” does not contract to provide service or provide “Member” with continuous personal supervision in respect of the use of facilities. The “School” reserves the right to refuse admittance to any “Member” for any violation of the terms of this agreement, or for any reason deemed appropriate by the management. It’s obligatory that each “Member” sign in at the reception area.

PAYMENT DEFAULT: The “Member” understands and agrees that there is a $30 NSF service charge for any default in payments owed to the “School”. The “Member” further agrees to pay all collection costs, including but not limited to, reasonable attorney fees, late charges, and litigation cost, in the event of any breach, including failure to make any required payment in a timely manner. Upon default of any payment, the “School”, its agents or assignees may declare all or part of the balance of membership due, and the “Member” agrees to pay interest on the amount declared at a rate of 24% per annum, calculated from the date of default to the date of payment.

MEDICAL DECLARATION: The “Member” confirm that the “Member” does not suffer from any physical or mental disability which would prevent him/her from engaging in martial arts in which would increase his/her risk of injury and hereby acknowledges that he/she is in good mental and physical health and physically able to participate in a stressful martial arts and/or exercise program. The “Member” undertakes all recommended programs, treatment and exercise by the “School” on a voluntary basis and at his/her own risk. The “School” will make no evaluation whether the “Member” or his/her guest is sufficiently fit for any exercise activities.

DISCONTINUATION: In the event that the “Member” wishes to cancel his/her membership after the ten days instant cancellation period he/she shall give thirty (30) days written notice of any form of cancellation of this agreement to the “School”. Upon receipt of the said written notice, the “Member” has the right to buy out the unused portion of the membership agreement at the rate of one-half (50%) of the monthly dues multiplied by the remaining months of the agreement term. This option ONLY applies when consumers are not exercising their legal cancellation rights under section 25 of the Business Practices and Consumer Protection Act. The “Member” agrees that any dues are in arrears need to be paid in full before the completion of cancellation. The “Member” further agrees that failure on his/her part to take advantage of the privileges of membership shall not relieve the “Member” from liability for any dues owing. The dues will continue automatically on a month to month basis until written cancellation is received and/or the agreement is bought out accordingly.

NON-COMPETE AND NON-SOLICITATION: For so long as the “Member” trains with or works for the “School” and for a period of twenty-four (24) months after termination, for any reason, the “Member” shall not directly or indirectly solicit business from student(s), clients and prospective clients of the “School” nor shall said “Member” engage in any capacity in any enterprise conducting business activities that are the same as or similar to the “School” within the non-compete geographic area of the city limits of any current and future business and/or affiliated schools of the “School” or a 10 kilometre radius, whichever is larger. The “Member” will not in any way, directly or indirectly induce or attempt to induce any instructor or contractor of the “School” to quit employment or retainer with the “School” or otherwise interfere with or disrupt the “School’s” relationship with its students and/or instructors. The “Member” hereby recognizes that irreparable damage will result to the “School” in the event of breach of any of the covenants and assurances contained in the Non-Compete and Non-Solicitation clause above. The Bar on soliciting business from clients, customers, and prospective clients and customers applies to individuals and entities who were clients or prospective clients at any time during the non-compete period. Survival of Non-Compete Clause: Should either party lawfully terminate this agreement, the Non-Compete clause hereof shall survive any such termination and remain in full force and effect until the expiration of their legal enforceability.

WAIVER AND RELEASE: the “Member” permits the “School” to use, reproduce, and/or publish photographs and/or video that may pertain to him/her, including image, likeness and/or voice without compensation. The “Member” understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on the the “School”s or project sponsor’s Internet web page. The “Member” is intending to be legally bound hereby and as a condition of participation at the “School”, expressly agrees to hold harmless and forever release, waive, and discharge the “School”, together with its owners, operators, directors, agents, sponsors, instructors, employees, independent contractors, volunteers and members from any act committed or omitted by him/her, from any and all claims, suits, complaints, liabilities, obligations, demands, actions, or causes of any action whatsoever, that he/she or his/her administrators, executors, heirs, next of kin, or assigns may at any and all times hereafter have or obtain, due to or as a result of, any personal injury, bodily harm or death sustained or suffered by him/her during, or damage to person or property arising out of, or as a result of any “School”, physical or athletic activity, physical instruction or sport conducted or carried on by or for the “School”, whether by itself or with others or in or occurring while he/she is on any premises or property occupied or used by the “School” or at any “School” event, whether caused by active or passive negligence, fault, failure or otherwise.

SERVICES PROVIDED: The “School” offers Group Martial Arts classes with 3 levels of memberships: Once-a-Week, Twice-a-Week and Unlimited Memberships. Depending on the membership selected, the “Member” has the right to Tots classes lasting 30 minutes each with an average instructor ratio of at least 1:10, Junior classes lasting 45 minutes each with an average instructor ratio of at least 1:15 and Teen/Adult classes lasting 60 minutes or longer each with an average instructor ratio of at least 1:25. All classes are offered on an average at least three times per week. All classes are conducted by a West Coast Martial Arts qualified instructor. The “School” may be closed for weekends with statutory holidays as well as for some periods during the Summer and Winter School holidays lasting no more than 2 weeks at the time.