Terms & Conditions
All of these terms came from events that have taken place…our open door policy makes speaking to us easy and can avoid miscommunications. Should you have any issues come speak with us, we’re happy to help!
2. Promotion: Student consents to Shockwave using Student’s name and likeness for promotional, marketing and educational materials. Student will receive no compensation for such use of name and likeness.
3. Messaging: Shockwave Defense LLC, Mobile Account Management services require no purchase or fee for participation unless otherwise stated. Carrier message and data rates may apply to each message sent through automated dialing equipment and/or received from the participant. Confirmation and Opt Out. You understand and agree that you will receive a confirmation text message. Such confirmations may offer you the opportunity to opt-out. You may opt out of receiving Shockwave Defense LLC Mobile Account Management Text Messages by following the opt-out instructions. If you experience any problems with opting out of Shockwave Defense LLC Mobile Account Management Text Messaging or if you need help or additional information related to Shockwave Defense LLC Mobile Account Management Text Messages, please call the office. If you opt out of Shockwave Defense LLC Mobile Account Management Text Messaging, you are only opting out of receiving mobile alerts.
4. Teaching Outside of Shockwave: Student agrees to not engage in self-defense teaching practices within the United States for a period of 5 years following disassociation with Shockwave Defense, without prior written permission of Shockwave Defense.
5. Payment: Payment(s) does not guarantee belt/rank certification by Shockwave. and does not include travel or other expenses Student may incur ancillary to the training received. Student agrees to make timely payment in order to avoid a $35 late fee and a 1.5% daily fee until payment is made.
6. Right to Refuse Service: Shockwave reserves the right to refuse service to anyone on its sole discretion and Shockwave may cancel the terms of this agreement at any time.
7. Personal Weapons: Students shall not bring any weapons of any nature to class or to lessons unless specifically authorized to do so in writing from Shockwave.
8. Physical Condition: Student represents that (s)he is in good physical condition, is not suffering from any heart, lung or other bodily aliment and is in all respects physically fit to engage in the self-defense course. Student also admits that (s)he has no communicable diseases that can be transferred to other students and/or instructors. Student acknowledges that the training and lessons student receives will involve the use of physical force and physical contact and may or could result in injury or death. Student may be provided with protective gear but Shockwave does not warranty the protective gear will prevent injury or death and Student hereby releases and discharges Shockwave, its members, employees, agents and assigns from any and all liability arising from the services Student receives from Shockwave.
9. Payment Default, Cancelation, & Fees: If a student defaults on an agreement, Shockwave may retain expenses incurred and a portion of the total price representing the services used and completed based on the hourly rate of $475/hour. Down payments are non-refundable, Paid In Full’s (PIFs) are non-refundable. Monies paid on day of signing are non-refundable unless otherwise stated herein. The Payment Schedule and terms appearing on the front remain in full force and effect. Cancelation of ongoing membership requires the completion of an authorized SHOCKWAVE DEFENSE™ cancellation form and an in person meeting which can be obtained from a school administrator. The membership cancellation is cancelled when all payments due within the specified notification period are paid in full. If a notification period is not specified, a minimum of 90 days notice is implied. If there is a term specified, a 90 day cancelation will be added to the end of the original agreement. The student retains the membership rights & privileges until the notification period expires. “TERM” agreements are non-cancelable unless stated herein. School administrators may raise the tuition rate of ongoing memberships providing advance notice equal to the cancellation notice stated herein. If a student is on multiple programs then multiple contracts may exist. If a student become delinquent on any agreements student is liable for all reasonable costs of collections, including but not limited to court costs and attorney fees. Shockwave reserves the right to cancel this agreement at any time should student be delinquent on payments called for under the Payment Schedule. Shockwave is authorized to bill and collect student tuition and may use an outside billing company. Shockwave may refer an account to a collection agency or attorney’s office for debt collection and/or credit reporting.
10. Arbitration: Any claim, controversy or dispute that arises under or relates to any service or this agreement, shall be resolved by binding arbitration in accordance with the New Mexico’s Arbitration Act. The Arbitration shall occur in Bernalillo County, State of New Mexico. The Arbitrator shall apply New Mexico State law. The arbitrator shall be chosen by agreement of the parties, or, if no agreement can be reached, each party shall designate an arbitrator and the two arbitrators shall choose a third arbitrator to serve in this matter. The prevailing party shall be entitled to an award of attorney fees and costs associated with the arbitration.
11. Changes and Modifications: Student understands that due to changes in laws, regulations, insurance obligations and training techniques, that the terms herein may require modification or amendment. Student agrees that Shockwave can submit changes, additions, modifications to the terms herein. Student shall receive a copy of the changed terms and shall have 30 days to review said changes. It is understood that student may not be requested to sign a new agreement with the changes, modifications or amendments but they may be enacted. Student reserves the right to contest any changes within 30days. Should student elect not to agree with new terms, then the Student agrees to terminate his/her relationship with Shockwave.
12. Copyright: Nothing herein grants student a license or permission to use the name, likeness, trademark or any other intellectual property owned by Shockwave Defense in any manner without the express written approval of Shockwave Defense. Student shall not use the Shockwave Defense Logo or Trademark on any materials without SHOCKWAVE DEFENSE’s prior written approval of the materials’ use.