TERMS AND CONDICTIONS | Rise Above SD

MARTIAL ARTS/ Self DEFENSE LIABILITY WAIVER

PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS

By enroling in the personalized self-defense and fitness program offered through Rise Above Self-Protection. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in purely voluntary and in no way mandated by Rise Above Self-Protection.”

“In consideration of my participation in this program, I hereby release Rise Above Self-Protection and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrollment.” “I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this program and I hereby release Rise Above Self-Protection and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.”

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.

FIREARMS TRAINING AGREEMENT

Please read the following -- signing up for this event means that you acknowledge and agree to this agreement.

Release, Waiver, Indemnification, Hold Harmless, and Assumption of Risk

Whereas, in consideration of being permitted to attend a course for instruction in firearms and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Student agrees to the following:

Student agrees to indemnify, hold harmless and defend Rise Above Self-Protection Training ( including Andrew Juarez, all employees, agents, and/or assistants) hereinafter referred to collectively or individually as “Instructor”, from any and all fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to or connected with Student’s presence at and/or participation in the course of instruction; the use of instruction in the future; the discharge of firearms by Undersigned, Undersigned’s presence on or use of the range, building, land, and premises (“Premises”); and, any and all acts or omissions of Student.

Student furthermore waives for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs and next of kin, any and all rights and claims for damages, losses, demands and any other actions or claims whatsoever, which he/she may have or which may arise against Instructor (including but not limited to the death of Student and/or any and all injuries, damages or illnesses suffered by Student or Student’s property), which may, in any way whatsoever, arise out of, be related to or be connected with: the course of instruction; the Premises, including any latent defect in the Premises; Student’s presence on or use of said Premises; Student’s property (whether or not entrusted to Instructor); and the use of ammunition and discharge of firearms. Instructor shall not be liable for, and Student, on behalf of himself/herself and on behalf of his/her executors, personal representatives, administrators, assignees, heirs, and next of kin, hereby expressly release the Instructor from any and all such claims and liabilities.

Student hereby expressly assumes the risk of taking part in the course for instruction in firearms and taking part in the activities on the Premises, which include, but are not limited to, instruction in the use of firearms, the discharge of firearms and the firing of live ammunition.

Student hereby acknowledges and agrees that Student has read this instrument and understands it terms and is executing this instrument voluntarily. Student furthermore hereby acknowledges and agrees that he/she has read, understands and will at all times abide by all range rules and procedures and any other rules and procedures stated by the Instructor.

Student expressly agrees that this instrument is intended to be as broad and inclusive as permitted by law and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy conferred by any of the specific provisions of this instrument is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statue or otherwise. The election of any one or more remedy hereunder by the Instructor shall not constitute any waiver of Instructor’s right to pursue other available remedies. This instrument binds Student and his/her executors, personal representatives, administrators, assignees, heirs and next of kin.

FIREARMS TRAINING AGREEMENT

Release, Waiver, Indemnification, Hold Harmless, and Assumption of Risk

Student understands that persons meeting any of the following conditions are prohibited by federal or state law to possess a firearm:

1. A felon 2. An illegal immigrant 3. A person under the age of 12 for a .22 rifle or 21 for a handgun - but this shall not apply

To the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or ROTC, when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor

4. Currently charged for a crime that would, upon conviction, bar you from possessing a firearm

5. A person who was dishonorably discharged from any of the armed forces of the United States

6. A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year

7. A person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent

8. A person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm

9. A person subject to a court order prohibiting stalking, harassing, or threatening an intimate partner or child of an intimate partner or placing them in reasonable fear of bodily injury

10. A person found by a court or mental facility to have certain mental disabilities 11. A fugitive from Justice 12. A person who has formally renounced US citizenship 13. A member of a subversive organization

14. A person who has been previously denied a license

By signing up for, paying for and attending said training, Student represents that there are no legal or physical restrictions or impediments with Student in the handling or participating in firearms or personal protection training. Also, Student certifies that they are not a person prohibited under federal or state law from possessing a firearm, and none of the above conditions apply to them. Student has been informed of all risks involved and they voluntarily agree to the terms and conditions stated above.

MEMBERSHIP PERIOD

A membership period is defined as one (1) month. Memberships are automatically renewed every month unless cancellation is provided within thirty (30) days of your membership renewal period. Rise Above Self Protection/Self Defense Training reserves the right to change membership fee schedules at any time. The current fee is valid during Self Defense In The Park ONLY.

CREDIT CARD PAYMENTS

It is the students’ responsibility to insure there is always an active credit card on file for monthly membership payment processing. If your credit card does not process, we will provide a one-time courtesy of a reminder to submit new payment information. If the payment fails a second time, a $25 processing fee will be charged for each month the payment is late. If the credit card fails to process a third time, Rise Above Self Protection/Self Defense Trainingreserves the right to cancel yourmembership after your account is brought current. Please remember to keep your payment information current and accurate so your membership remains in good standing.

CUSTOMER RESPONSIBILITY

You (signee) understand that it is your responsibility to make sure your payment is received on time. Should your credit card, bank account, or other form of payment change, you will notify, Rise Above Self Protection/Self Defense Trainingat least 15-days prior to the next billing cycle to avoid a late fee penalty of $25.

Rise Above Self Protection/Self Defense Trainingwill not send a reminder of any form of payment being due. Your credit card or bank account statement will act as your receipt of payment. For members that pay by check, your deposited check will act as your receipt.

ADDITIONAL COSTS

Uniforms, equipment, camps, private lessons, etc. are all additional costs and are not included in with tuition or registration. Gear may be purchased through,Rise Above Self Protection/Self Defense Trainingor any other supplier. Please ask your instructor for gear requirement guidance.

MEMBERSHIP CANCELLATION (MEMBER INITIATED)

Month-to-Month plan (KNOWN AS MEMBERSHIP) can be canceled at any time, however all cancellation requests must be submitted via our email riseabovesp@yahoo.com with MEMBERSHIP CANCELLATION in the Subject line and reason for cancellation received thirty (30) days prior to your credit/debit card processing date. All monthly memberships require a minimum of 30 days written notice prior to next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once final payment has been drawn from your account, clients will have 30 days from the last bill date to use the facilities. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card. All monthly recurring term plans of 6 months and 12 months require 30 days written notification prior to your next bill date and will incur an early cancellation fee equal to one month membership for that plan.

MEMBERSHIP CANCELLATION (RISE ABOVE STAFF INITIATED)

Rise Above Self Protection/Self Defense Training can cancel membership at anytime if client/s act or behave in a violent, vulgar, racist, or disrespectful manner, towards Rise Above Self Protection/Self Defense staff or other members.

MEMBERSHIP LAPSES AND MEMBERSHIP REACTIVIATION

If you choose cancel your membership at any time and return at a later date you will be subject to any rate increases at the time of enrollment.

REFUNDS

Rise Above Self Protection/Self Defense Training will not provide refunds retroactively for any cancellation request. Membership cancellations areonly processed by filling out a CANCELLATION FORM. Please do not sendcancellation messages to ANY social media sites. . Rise Above Self Protection/Self Defense Training does not issue refunds if you do not use your membership, nor can you carry over sessions to next month if you missed a class. NO EXCEPTIONS.

At www.riseabovesp.com general information and also information gathered through registration forms related to training classes (firearm or Empty hand),

Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of all personal information. Rise Above Self-Protection/Self Defense encrypts billing information wherever such information is requested. No agents or contractors of Rise Above Self-Protection/ Self Defense have access to personal information obtained on the Rise Above Self-Protection/Self-Defense website.

Rise Above Self-Protection/ Self-Defense collects personal information online, including, but not limited to, names, birth dates, driver’s license (or State issued identification) numbers, postal and email addresses, phone numbers, and billing information. Rise Above Self-Protection/ Self-Defense does not knowingly collect or maintain any personal information from children under the age of 17. In addition, no part of our sites are designed with the purpose of attracting any person under the age of 17.

How Rise Above Self-Protection/ Self-Defense uses personal information collected online

Unless you otherwise consent, we will use your personal information only for the purpose for which it is submitted, such as to reply to your emails, prepare documents required to for training classes (Firearm and Empty Hand) and process billing requests related to services and products to which we provide.

At certain points where personal information is collected on our site, there may be a box where you may indicate you would like to be on a mailing list to receive information about Rise Above Self-Protection/ Self-Defense other programs and services and articles of interest relating to firearms, shooting, or general products. At any time you can add or remove your name from a Rise Above Self-Protection/ Self-Defense list by contacting us at:

www.riseabovesp@yahoo.com">www.riseabovesp@yahoo.com

Subject: unsubscribe

Payments

We accept payments through PayPal and Square. When processing payments, some of your data will be passed to PayPal or Square, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal or Square Privacy Policy for more details.

How your information may be shared

We never sell or rent your personal information. Rise Above Self-Protection/ Self-Defense may, however, release personal information under the following circumstances:

Class completion reports required by a government agency
Where release is required by law (for example, a subpoena) or regulation or is requested by a government agency
Where our records indicate an individual may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of
To appropriate persons, where your communication suggests possible harm to others.

Computer tracking and cookies

Our websites are not set up to track, collect or distribute personal information not entered by visitors. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information.

Problems or complaints with Rise Above Self-Protection/ Self-Defense Privacy Policy

If you have a concern or complaint about Rise Above Self-Protection/ Self-Defense compliance with this privacy policy, please direct it to riseabovesp@yahoo.com

We may change this privacy policy at any time at our sole discretion. Any updates to our privacy policy will be posted on this page, so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Continued use of the site following our posting of the change notice or an updated privacy policy will constitute binding acceptance of those changes.

By choosing a Monthly plan (KNOWN AS MEMBERSHIP) and signing above, I indicate that I have read and understand the terms of this Membership Agreement, and that I have read and signed a Liability Waiver Form. This agreement, and its information, will remain on file in a securelocation, within. Rise Above Self-Protection/Self Defense Training office unless the terms and conditions change. At that time, a new contract will be executed.

1ST CLASS FREE POLICY

Request for FREE Class needs to be made via email, phone call, text, or another way. ONLY Rise Above Self Protection/Self Defense staff can authorize a FREE Class. One FREE class per NEW student. There is no obligation or commitment for Rise Above Self Protection/Self Defense or FREE class student to continue once the Free Class is over.

VIDEO & PHOTO POLICY

Any photograph/s or video made/taken by Rise Above Self Protection/Self Defense staff becomes property of Rise Above Self Protection/Self Defense and can be used in any manner fit for marketing and/or advertising with NO COMPENSATION to student or guest.