Universal Terms, Conditions & Comprehensive Liability Waiver

Tokon Martial Arts LLC (doing business as Agape Yoga and Fitness) │ (916) 835‑7717Premises: 1920 Terracina Dr #200, Sacramento , CA 95834

Effective: 07/23/25

NOTICE — PLEASE READ CAREFULLY. By entering the Premises or participating in any onsite or off‑site (whether hosted by us or by a third party) class, workshop, seminar, teacher‑training, local‑, national‑, or international‑level tournament, clinic, event, camp, private lesson, open‑mat, self‑defense workshop, virtual session, or any transportation arranged or recommended by us, or simply observing (collectively, “Activities”), you (“Participant”) acknowledge that you have read, understood, and automatically accept each provision of this Universal Waiver & Terms—without signature. If you do not agree, do not enter the Premises, access our digital platforms, or participate in Activities.

1. Parties & Definitions

Provider: Tokon Martial Arts LLC, a California limited‑liability company, doing business as Agape Yoga and Fitness (“TMA/Agape,” “we,” “our”).
Released Parties: Provider and its past, present, and future owners, shareholders, members, managers, directors, officers, trustees, employees, contractors, volunteers, agents, guest or visiting instructors, landlords/lessors, affiliates, successors, and assigns—including, without limitation, Marcus Hinschberger and Christina V. Hinschberger.
Participant: Any individual who enters the Premises, attends a virtual session, or otherwise engages with Provider—whether as a member, drop‑in student, parent/guardian, spectator, guest, minor ward, or other visitor—together with their heirs, executors, representatives, and assigns.
Course Materials: All written, audio, visual, and digital content supplied or made available in connection with any TMA/Agape program—including but not limited to karate classes and courses, yoga classes and courses, athletic conditioning and sports‑performance programs, general fitness training, personal‑safety and self‑defense workshops, competition judges’ courses, instructor‑education modules, teacher‑training curricula, and related ancillary materials.

2. Eligibility & Medical Clearance

Participant affirms they are at least 18 years old or are a minor accompanied by—and deemed to have consent from—a parent or legal guardian who also accepts these Terms.
Participant certifies they are in good physical condition, free of any illness or injury that would impair safe participation, and have consulted a qualified healthcare professional as needed. Participant—or, in the case of a minor, their parent or legal guardian—is solely responsible for continuously monitoring the Participant’s physical limitations and must immediately discontinue any activity perceived as unsafe. Participant is solely responsible for monitoring personal physical limitations and will immediately discontinue any activity perceived as unsafe.

3. Assumption of Risk

Activities include physically strenuous and inherently dangerous practices—such as punching, kicking, striking, grappling, partner drills, using bags, pads, resistance bands, strength equipment, sparring, breathwork, meditation, inversions, acrobatics, and transportation to/from events. Risks include—but are not limited to—equipment malfunction or defect, serious bodily injury, permanent disability, paralysis, property damage, psychological trauma, or death; communicable diseases such as COVID‑19; and social or economic losses. Participant knowingly and voluntarily assumes all such risks—foreseeable or unforeseeable—whether caused by their own actions/inactions, those of others, facility conditions, equipment failure, or any Released Party’s ordinary negligence.

4. Comprehensive Waiver, Release & Hold‑Harmless

Participant, on behalf of themselves and their legal representatives, hereby:

Releases and forever discharges the Released Parties from any and all claims, liabilities, demands, actions, or causes of action arising from or related to Activities or presence on the Premises—including those caused in whole or in part by the negligence of any Released Party or by rescue operations.
Waives the right to sue, arbitrate, or otherwise seek recovery against the Released Parties for such matters.
Agrees to indemnify, defend, and hold harmless the Released Parties from any loss, expense, damage, or cost—including reasonable attorneys’ fees—arising out of Participant’s conduct or breach of this Agreement.
Affirms this Waiver is intended to be as broad and inclusive as permitted under California law; if any portion is deemed invalid, the remainder shall remain in full force and effect.

5. Media Release

Participant grants the Released Parties an unrestricted, perpetual, worldwide, irrevocable, royalty‑free, transferable license to record, photograph, film, livestream, or otherwise capture their likeness, voice, name, and biographical details (“Personal Attributes”) during Activities, and to edit, reproduce, display, distribute, create derivative works, and promote such content in any medium now known or later devised, without compensation or further consent. Participant irrevocably waives any right of inspection, approval, or ownership in and to the resulting materials.

6. Medical Procedures & Authorization

First‑Aid Discretion: Participant authorizes Provider to administer or procure basic first aid that Provider, in its sole judgment, deems reasonably appropriate.
Emergency Care: Should Provider determine that emergency medical attention is required, Participant authorizes Provider to act as agent to secure treatment from qualified healthcare professionals. Participant remains financially responsible for all costs incurred.

7. COVID‑19 Specific Terms

Participant confirms they will not attend in‑person Activities while experiencing COVID‑19 symptoms, after known exposure within the past 14 days, or while under isolation/quarantine directives.
Participant understands that, despite mitigation measures, the risk of contracting COVID‑19 (including variants) cannot be eliminated and voluntarily assumes full responsibility for such risk, including severe illness or death.

8. Data Collection & Sharing

Participant consents to Provider’s collection, use, and sharing of personal data—including with payment processors (e.g., Stripe), membership platforms (e.g., GymDesk, Kicksite), accounting software (e.g., QuickBooks), blockchain/payment networks (e.g., Metallicus, XPR Network or other providers), and other third‑party service providers—for billing, operations, analytics, and legal compliance. Participant may request access to, or correction of, their personal data pursuant to applicable privacy laws.

9. Non‑Refundable Deposits (Yoga Teacher‑Training Only)

[Only applies for participants of the Yoga Teacher Training.] An $800 non‑refundable deposit is required to secure a seat in any Yoga Teacher‑Training course. If a Participant withdraws, fails to pay the balance, changes their mind, or is unable to attend for any reason, the deposit is forfeited.

10. Attendance, Certification & Good Standing (Teacher‑Training)

Certification requires 100 % attendance (or approved make‑ups), timely completion of assignments, and adherence to ethical standards. Provider may withhold certification without refund for failure to meet these criteria.

11. Code of Conduct & Grounds for Removal

Participants must conduct themselves safely and respectfully. Provider reserves the unilateral right to refuse entry to, or eject, any Participant for unsafe, disruptive, harassing, discriminatory, or unethical behavior, with no refund or credit owed.

12. Intellectual Property & Confidentiality

Course Materials are proprietary. Participant receives a limited, revocable, non‑transferable license for personal use only and shall not record, copy, distribute, livestream, or commercialize such materials without prior written consent.

13. Health & Safety Protocols

Participant agrees to follow all posted safety rules, hygiene standards, equipment‑use instructions, and public‑health directives. Provider may modify protocols at its discretion or as required by law.

14. Personal Property & Equipment Disclaimer

Provider is not responsible for any personal property that is lost, stolen, or damaged in or about the Premises, including incidents arising from ordinary negligence. Participant assumes full responsibility for personal belongings. Participant further understands and agrees that injuries may occur due to malfunction or defect of equipment or facilities and nonetheless releases all claims arising therefrom.

15. Statutory 5‑Day Right to Cancel (California Health Studio Services)

Where applicable to membership plans governed by California Civil Code § 1812.85, Participant may cancel within five (5) business days (excluding Sundays and holidays) after the date of purchase by hand‑delivering a dated, signed notice of cancellation to Tokon Martial Arts LLC, 1920 Terracina Dr #200, Sacramento, CA 95834. Email or text cancellations are not accepted. Refunds due under this statute will be processed within the statutory time frame. This statutory cooling‑off period does not apply to non‑refundable Yoga Teacher‑Training deposits.

16. No Medical, Legal, Financial, or Employment Guarantee

Activities and materials are educational/recreational only and do not constitute medical advice, legal counsel, financial advice, or a guarantee of employment or registry acceptance.

17. Force Majeure

Provider shall not be liable for delay or failure to perform due to events beyond its reasonable control, including natural disaster, war, terrorism, pandemic, government order, or utility failure.

18. Governing Law & Dispute Resolution

This Agreement shall be governed by California law. Any dispute not resolved informally shall be submitted to binding arbitration in Sacramento County under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

19. Severability & Entire Agreement; No Oral Modifications

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. This Agreement (including any referenced policies) constitutes the entire understanding between the parties and supersedes all prior communications. No oral representations, statements, or inducements not contained herein shall modify this Agreement. Amendments must be in a signed writing.

20. Additional Terms for Participants Under 18

Parents and legal guardians (“Guardian”) of any Participant under the age of eighteen (18) acknowledge and agree to the following additional conditions, which are incorporated into and made part of this Agreement:

Authority & Representation: By allowing a minor to enter the Premises or engage in Activities, Guardian represents that they are the minor’s lawful parent or legal custodian and possess full authority to bind the minor to this Agreement. Guardian agrees that all references to “Participant” herein also refer to the minor.
Assumption of Risk & Waiver on Behalf of Minor: To the fullest extent permitted by California law, Guardian knowingly and voluntarily assumes on the minor’s behalf all risks described in §§ 3–4 and waives any claims the minor may have against the Released Parties arising from or related to the minor’s participation.
Indemnification: Guardian shall indemnify, defend, and hold harmless the Released Parties from any claim brought by, on behalf of, or in the name of the minor—including claims sounding in negligence, premises liability, product defect, or medical malpractice—and for any loss or expense (including reasonable attorneys’ fees) arising out of the minor’s conduct.
Supervision & Pickup: Guardian is responsible for timely drop‑off and pickup of the minor and for supervising the minor at all times except during scheduled, instructor‑supervised class periods. The Released Parties assume no duty of care for minors outside official class times.
Medical Consent for Minors: Guardian grants the medical authorizations in § 6 on the minor’s behalf and agrees to be financially responsible for any resulting costs.
Photo & Media Release for Minors: Guardian grants the media rights in § 5 on the minor’s behalf, with the same scope and duration.
No Unaccompanied Minors in Common Areas: Minors under 13 may not remain unsupervised in lobbies, parking lots, restrooms, or other common areas. Guardian assumes liability for any damages caused by the minor.
Compliance with Child‑Protection Rules: Guardian shall ensure that the minor follows all safety, conduct, and hygiene rules. Provider may immediately remove any minor who endangers themselves or others.

Automatic Acceptance & Acknowledgment

By entering the Premises, using any virtual platform provided by Tokon Martial Arts LLC / Agape Yoga and Fitness, or participating in any Activities, you affirm that you have carefully read, fully understand, and voluntarily agree to be bound by these Universal Terms, Conditions & Comprehensive Liability Waiver—without the need for signature or further acknowledgment.