I hereby acknowledge that I have voluntarily applied to participate in Karate instruction and training at KCA Martial Arts, INC. (hereinafter referred to as "KCA").

I AM AWARE THAT KARATE, CARDIOKARATE, KICKBOXING INSTRUCTIONS AND ITS INTENDED ACTIVITIES ARE HAZARDOUS ACTIVITIES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY.

As lawful consideration for being permitted by MICHAEL T. WHOLIHAN and KCA to participate in these activities and use their facilities, I hereby agree that I, my heirs, distributees, guardians, legal representatives and assigns will not make any claim against, sue, attach the property of, or prosecute MICHAEL T. WHOLIHAN or KCA and/or any of its affiliated organizations for injury or damage resulting from the negligence or other acts, howsoever caused by any employee, agent or contractor of MICHAEL T. WHOLIHAN or KCA or its affiliates as a result of my participation in karate activities.

In addition, I hereby release and discharge MICHAEL T. WHOLIHAN, KCA, and its affiliate organizations from all actions, claims, or demand. I, my heirs, distributes, guardians, legal representatives or assigns, now may or may hereafter have for injury or damage resulting from my participation in karate activities.

Student represents that he or she is in good physical condition and able to use the equipment provided and to participate in exercises and martial arts programs made available by KCA. KCA represents that its personnel are trained in providing exercise programs and instruction in the proper use of our equipment.

KCA further represents that its personnel have no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on said medical condition. Student fully understands and agrees that in participating in one or more of the martial arts programs, or using the facilities maintained by KCA, there is a possibility of accidental or other injury. Student agrees to assume the risk of such injury and further agrees to indemnify MICHAEL T. WHOLIHAN and KCA from any and all liability on the part of MICHAEL T. WHOLIHAN and KCA by either student or third party, as the result of the use by the student of the facilities and instructions offered by KCA.

You understand further that strict observation by you of the rules and regulations relative to your training, including the use of protective equipment required by KCA, will largely eliminate the possibility of accident or injury, and that you have waived any claim of damages against KCA and/or its principals or instructors in any case resulting from the activity.

Release of Liability. Students and their guests in using the facilities and equipment of KCA, do so at their own risk. KCA shall not be liable for any damages arising from personal injuries sustained by student and guests, in, on, or about the premises of KCA and assumes no responsibility for the loss of, or damages to, any personal property belonging to a student or guest while on the KCA premises.

Changes in this Contract. This is the entire agreement covering and between the participating student and KCA. It can only be changed in writing signed by the student and KCA.

I HAVE CAREFULLY READ THIS CONTRACT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND MICHAEL T. WHOLIHAN AND KCA Martial Arts, INC. AND/OR ITS AFFILIATED ORGANIZATIONS, AND I HAVE SIGNED IT OF MY OWN FREE WILL.

NOTICE OF CONSUMER RIGHTS

1. Our business' registration number with the State's Consumer Protection Division is E2699.
2. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months' payment in advance or charge initiation fees over $200.
3. If KCA Martial Arts, INC. is closed for a month or more, you are entitled to your choice of either an extension of the agreement or a prorated refund. If the closing is not the fault of the business, we are entitled to choose.
4. You have the right to cancel this agreement within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.
5. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of this agreement.