ONLINE TRAINING TERMS AND CONDITIONS
These Shinobi Martial Arts Online Training videos, multimedia manuals and virtual training products are presented as a means of preserving a unique aspect of the heritage of the martial arts. Neither Dennis Mahoney, Theresa Murphy, and/or Shinobi Martial Arts INC makes any representations, warranty or guarantee that the techniques described, illustrated or demonstrated in any form will be safe in any self-defense situation or otherwise.
You may be injured if you apply or train in the techniques described, illustrated or demonstrated in these products. To minimize the risk of training injury, nothing described, illustrated or demonstrated in these products should be undertaken without personal, expert instruction. You knowingly assume all risks involved if you chose to do so, and hereby release Dennis Mahoney, Theresa Murphy, Shinobi Martial Arts INC and all their agents and representatives from any responsibilities of liability and you covenant not to sue, and waive and release Dennis Mahoney, Theresa Murphy, Shinobi Martial Arts INC and all their agents and representatives from any responsibility for personal injury you may sustain.
You agree for yourself and your successors, that the above representations are contractually binding, and are not mere recitals, and that should you or your successors assert any claim in contravention of this agreement, all disputes will be handled in and governed by the laws of New Hampshire and you or your successors shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending such a claim.
In addition it is essential that you consult a physician regarding whether or not to attempt anything described, illustrated or demonstrated in these materials.
Federal, state or local law may prohibit the use or possession of any of the weapons shown or described in these products. Specific self-defense responses described, illustrated or demonstrated in these products may not be justified in any particular situation in view of all of the circumstances or under applicable federal, state or local law. Neither Dennis Mahoney, Theresa Murphy and/or Shinobi Martial Arts INC makes any representation or warranty regarding the legality or appropriateness of any weapon or technique mentioned in these materials
All materials contained in this medium are protected under the copyright laws of the United States and other countries. © Copyright 2021 Shinobi Martial Arts, INC. These programs are sold for home use only and all other rights are reserved expressly by the copyright owner of such motion picture. Any copying or public performance of such materials is strictly prohibited and may subject the offender to civil liability and severe criminal penalties. (Title 17, United States Codes, Section 501 and and 506)
IN PERSON TRAINING TERMS AND CONDITIONS
I wish to participate in training presented by Shinobi Martial Arts, INC. (SMA)
I hereby represent that I am physically and emotionally fit to engage in self-defense instructional training and SMA is under no obligation to require me to prove my degree of health and fitness.
I hereby acknowledge that I understand that this training program will include vigorous physical movement on my own part and on the part of my training partners and will involve body contact with training partners and will expose me to the risk of bodily injury. I further acknowledge that by entering into the training, I will be exposed to risk of personal injury arising out of possible negligence or unavoidable accident, due to the very nature of the self-defense arts being taught.
I hereby acknowledge that I fully realize that during the training I will always and at all times have the option of withdrawing from participation in any exercise or technique and that it is my personal responsibility to decide in which exercise and techniques I will participate.
If my conduct, actions, or statements while participating in the training are determined to be detrimental to the safety or well being of other participants or the instructors at the training, I shall willingly comply with the request of the director or his agents that I remove myself and my effects from the site of the training immediately. I realize and agree to the fact that I will forfeit any prepaid training fees if requested by the director to terminate my training.
In consideration for being allowed to participate in the training opportunity offered by SMA, I knowingly assume all risks involved in participation in this training, and hereby release Dennis Mahoney, Theresa Murphy, the training sponsors if any, the seminar sponsors (if any), and all their instructors, agents and representatives from any responsibilities of liability to the undersigned and I covenant not to sue, and waive and release Dennis Mahoney, Theresa Murphy, SMA, the training sponsors if any, the seminar sponsors (if any), and all their instructors, agents and representatives from any responsibility for personal injury I may sustain while participating in the training.
TO-SHIN DO TRAINING TERMS AND CONDITIONS
I recognize and acknowledge that SKH, Inc. is the owner of the techniques, know-how, methods, art, curriculum, name, logos, trademarks, service marks, copyrights, and other proprietary rights and information comprising the method of martial arts known as “To-Shin Do®”. I agree that all information pertaining to To-Shin Do® is confidential, proprietary, and a unique and valuable asset of SKH, Inc., and Student agrees to keep confidential all of such information, to safeguard such information to prevent its acquisition by any third parties, and to not use, teach, disclose, reproduce, or reveal any of such information to any person or other third party of any kind without a license from SKH, Inc. I further agree that I shall not use and/or modify any component of To-Shin Do® to create its own or similar techniques, system, or know-how.
To qualify as a student of, and as a condition for the learning of and belt ranking in, To-Shin Do®, I agree to register for and maintain annual membership in the SKH Quest To-Shin Do Hombu Dojo organization, which shall include submitting Student’s name, email address, mailing address, teacher’s name, any current rank, and the required registration fee.
FOR ALL TERMS AND CONDITIONS
I agree for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, I or my successors shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending such a claim.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and further agrees that this agreement may not be modified orally. A waiver of any provisions of this agreement shall not be construed as a modification of any other provisions, or as a consent to any other provision, or as a consent to any subsequent waiver or modification. No oral representations, statements or inducements apart from the foregoing written agreement have been made. All of Student’s obligations pursuant to this Agreement shall indefinitely survive the termination of this Agreement.