General Terms & Conditions - Events
(Seminars / Workshops)
OVERVIEW
By purchasing access to our seminar/workshop (hereafter referred to as the Event) the Participant (hereinafter referred to as the Participant) is entering into a contract which is concluded between the Mu Shin Martial Culture LTD (hereinafter referred to as the Organizer) and the Participant.
The contract is concluded by registering for the Events announced on the website www.mushinmartialculture.com (hereinafter referred to as the Website), by purchasing Event access and completing the registration form included with it. The contract concluded electronically via the Website is considered a written contract, they are filed by the Organizer, archived and subsequently accessible.
RIGHTS AND OBLIGATIONS OF THE ORGANIZER
The Organizer undertakes to inform the Participants by e-mail about the details of the Event, the necessary information and tools no later than 5 days before the start of the Event.
The Organizer has the right to refuse a Participant's participation in the Event if it deems that the Participant is medically unfit. The Organizer excludes any liability for damages resulting from refusal for medical reasons.
The Participant acknowledges that photos and videos will be taken of him/her at the Events, which the Organizer may freely publish and use for marketing purposes on paper-based advertising materials and online platforms.
WITHDRAWAL, TERMINATION OF THE CONTRACT - CANCELLATION CONDITIONS
The participant has the right to withdraw from the contract by notifying the participant via e-mail.
If the cancellation occurs four (4) weeks or more prior to the start of the Event then fifty-percent (50%) of the seminar fee paid will be refunded.
If the cancellation occurs between two (2) and four (4) weeks or more prior to the start of the Event then twenty-five-percent (25%) of the seminar fee paid will be refunded.
If the cancellation occurs two (2) weeks or less prior to the start of the Event then none of the seminar fee paid will be refunded.
The Parties agree that in the event of force majeure, either Party has the right to withdraw from the contract or the Organizer has the right to unilaterally change the date of the Event. The Parties consider particularly dangerous weather conditions and/or natural disasters to constitute force majeure.
In the event of force majeure, the Organizer may offer the Participant the opportunity to participate in an Event held at another time without the obligation to pay another participation fee.
ATHLETIC WAIVER OF LIABLITY AND HOLD HARMLESS AGREEMENT
There are certain inherent risks associated with participating in sports and/or athletic training that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you will be participating in at the Event.
HAVING READ THIS PARAGRAPH and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that your participation in the Event is voluntary and that you agree to all of the following:
1. ASSUMPTION OF RISK
I, on behalf of myself, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE EVENT, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABLITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS
I, on behalf of myself and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold Mu SHin Martial Culture LTD, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or affiliation with recreational facilities and the creation, production or distribution of Mu Shin Martial Culture LTD-related marketing content on any Mu Shin Martial Culture LTD-owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Mu Shin Martial Culture LTD as the result of my participation in the Event. I hereby allow Mu Shin Martial Culture LTD to use my image or likeness without current or future compensation for marketing purposes related to Mu Shin Martial Culture LTD.
3. RELEASE/WAIVER
In consideration for being permitted to participate in the Event, I, on behalf of myself and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE Mu Shin Martial Culture LTD from any and all liability associated with or related to my participation in the Event and agree NOT TO SUE Mu Shin Martial Culture LTD for any reason resulting from or associated with my participation in the Event. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Event.
4. NO INSURANCE
I, on behalf of myself acknowledge that Mu Shin Martial Culture LTD does not carry insurance on behalf of myself.
5. LEGAL RIGHTS
I, on behalf of myself understand and acknowledge that I am surrendering valuable legal rights in this agreement.
6. SEVERABILITY
I, on behalf of myself understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the country for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to Mu Shin Martial Culture LTD as permitted by the applicable law.