the Participant, hereby agree to be bound by the terms of this Waiver with Wisconsin Tai Chi Academy and Community United Methodist Church, hereinafter jointly and severally referred to as "the Providers". The Providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial Arts and related activities ("the Service") upon and subject to the following terms and conditions:
(a) Workshop Fees
The Participant will pay on demand the prescribed or stated fees for the Service. Such fees may be notified to the Applicant by letter electronic means, or by notice displayed in the provider's premises or premises occupied by the provider, or verbally.
(b) Medical Conditions
The Participant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the Participant to take part in Martial Arts. The applicant further warrants that he/she has provided information on any and all pre-existing medical conditions.
(c) Exclusion of Participant
The Participant warrants that he or she has not at any time been excluded from Martial Arts by a medical practitioner or any person or entity including a Martial Arts Club.
(d) Rights of a Consumer
If State of Wisconsin and/or Federal laws apply to this agreement then certain terms and rights may be implied into this contract which operate for the benefit of the Participant. Under the provision of that legislation, those terms and rights, and any liability of the supplier flowing from them, cannot be excluded, restricted, or modified by any provision of the contract.
(e) Waiver and Indemnity
In all other cases and except where inconsistent with the above, the Participant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the providers and all their servants, agents, employees and other students or persons under the providers control (the "Indemnified") from all liability howsoever arising for injury or damage (including but not limited to the Participant’s' person, whether fatal or otherwise, property and personal belongings) however caused including by the negligence of the indemnified, arising out of or participating in Martial Arts or in connection with Martial Arts or in any way caused by, or arising out of, any activity carried on by the Indemnified.
(f) Martial Arts done at Applicant's own Risk
Any person training Martial Arts, or in activities connected with Martial Arts or participating in any activity carried on by Wisconsin Tai Chi Academy are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
(g) Martial Arts not to be taught by Participant
The Participant agrees that he/she is in no way qualified or authorized to teach Taijiquan martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Ray Gates, Wisconsin Tai Chi Academy.
(i) Acceptance
Performance of the Provider's obligations under the contract may be effected by any one or more of the Providers either jointly or severally.
(j) Governing Law
Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Wisconsin and its County Courts shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
