AKW Academy Terms and Conditions

Acceptance of Terms

AKW Academy ("AKW Academy," "we," "us," or "our") is a Florida-based organization offering in-person coaching, training programs, and racing events, primarily for minors. These Terms and Conditions ("Terms") govern your use of the AKW Academy website and your participation in any courses, races, or related services provided by us (collectively, the "Services"). By accessing our website, enrolling in a course, purchasing a membership, or participating in any AKW Academy event, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or Services.

For participants who are minors (under 18 years of age), a parent or legal guardian must read and accept these Terms on the minor's behalf. By allowing a minor to participate in our courses or events, the parent/guardian represents that they are the legal guardian of the minor, consents to the minor's participation, and agrees to these Terms (and all resulting obligations) on behalf of the minor.

Assumption of Risk (Inherently Dangerous Activity)

Racing is an inherently dangerous activity. By participating in any karting, racing, or related training offered by AKW Academy, you acknowledge and accept that there are significant risks and hazards involved. These risks include, but are not limited to, collisions or crashes, flips or rollovers, loss of control of the kart, impact with track barriers or other racers, equipment failure or malfunction, and the negligence of other participants or staff. Such incidents may result in serious physical or emotional injury, paralysis, disability, or even death, as well as property damage to you or others.

You freely and voluntarily assume all risks associated with participation in our racing events and training courses. You understand that while AKW Academy may provide safety equipment (such as karts, helmets, and other protective gear) and enforce safety rules, no amount of precaution can eliminate all risk. It is your responsibility – and if you are a parent/guardian, your responsibility on behalf of your minor child – to determine whether you or your child are sufficiently fit and skilled to participate, and whether the potential risks are acceptable to you. By taking part in our activities, you agree that you understand the nature of racing and accept all risks of injury, illness, or damage that may result.

Waiver and Release of Liability

Required Waiver: As a condition of participating in any AKW Academy course, training session, or racing event, you (or your parent/guardian if you are a minor) must sign a separate Waiver and Release of Liability form. This waiver is a legal document in which you acknowledge the dangers of racing and agree to release AKW Academy and its owners, employees, instructors, affiliates, sponsors, and agents (the "Released Parties") from liability for any injuries, damages, or losses that may result from your participation, including injuries or damages caused in whole or in part by the negligence of the Released Parties.

If you refuse to sign the required waiver, you will not be permitted to participate in our courses or events. The terms of the signed waiver are incorporated by reference into these Terms. In the event of any conflict between the provisions of the waiver and these Terms, the terms of the signed waiver shall supersede and control with respect to matters of liability, risk, and your rights or remedies. By agreeing to these Terms, you acknowledge that you will separately review and sign the Waiver and Release of Liability and that you understand its significance and legal effect.

Parental Consent for Minor Participants

AKW Academy’s Services are primarily offered to minors, and we require parental involvement for any participant under the age of 18. By registering a minor for any course or event, the parent or legal guardian confirms and agrees to the following:

• Consent and Supervision: You are the legal parent or guardian of the minor participant and you consent to the minor’s participation in AKW Academy’s courses and racing events. You will ensure that the minor understands and abides by all safety rules, instructions, and obligations set forth in these Terms and by AKW Academy staff.

• Waiver on Behalf of Minor: You will sign the required Waiver and Release of Liability on behalf of the minor, thereby waiving, to the fullest extent permitted by law, any claims or rights of action that the minor or you may have against the Released Parties resulting from the minor’s participation. You understand that this waiver is intended to be a complete release of liability for the minor’s participation in inherently dangerous activities.

• Assumption of Responsibility: You accept full responsibility for the conduct and actions of the minor while participating in our Services. If the minor causes injury or damage to themselves, to others, or to property, you agree that you will be financially responsible for any resulting harm or damage, and you will indemnify and hold AKW Academy harmless from any claims by third parties arising out of the minor’s actions (except to the extent such claims result from the gross negligence or willful misconduct of AKW Academy).

• Emergency Medical Care: In the event of an accident or emergency involving the minor, you authorize AKW Academy to obtain necessary medical treatment for the minor and you agree to be responsible for any medical expenses incurred. AKW Academy will make reasonable efforts to contact you as soon as possible in the event of an emergency.

Parental consent is mandatory for every minor participant. If you are unable or unwilling to provide the above consent and agreements, the minor will not be allowed to participate in our courses or events.

Course Enrollment and Payment

Enrollment: AKW Academy offers various coaching programs, training courses, and racing events that can be purchased individually. Courses and events are not sold as ongoing subscriptions; each course or event enrollment is a one-time purchase for the specific session(s) or date(s) offered. Enrollment may be done in person at our facility or through any authorized registration method we provide. Once you have registered and paid for a course or event, you will receive confirmation of your booking (such as a receipt or ticket). It is your responsibility to review the confirmation and ensure all details (participant name, date, course level, etc.) are correct, and to contact us promptly if any corrections are needed.

Payment: You agree to pay all fees and charges associated with the course or event at the time of registration/purchase. Prices for courses and events will be clearly indicated, and may be subject to applicable taxes or processing fees. Full payment is typically required to reserve your spot in a course or event. By providing a payment method (such as a credit card or debit card), you represent that you are authorized to use that payment method and you authorize us to charge the applicable course or event fees to it. All financial information you provide to us must be truthful and accurate (e.g., valid credit card information), and you are responsible for maintaining up-to-date payment information.

AKW Academy reserves the right to decline or cancel any registration if the specified course/event is unavailable or if there was an error in pricing or other important detail. In such cases, we will notify you and provide a full refund of any payment received for that course or event. Aside from the limited refund rights described below, all sales for courses and events are considered final once the refund eligibility period has passed.

Refund Policy

Course and Event Refunds: AKW Academy has a limited refund policy for course and event purchases. Refunds for course, coaching session, or racing event fees are only available under the following conditions:

• 7-Day Window: You may request a refund for a course or event within seven (7) calendar days of the date of purchase, provided that:

• No Imminent Event: The start date of the course or event is more than fourteen (14) calendar days away from the date of your refund request.

If the course or event is scheduled to begin within fourteen (14) days of the purchase date, all sales are final and no refund will be issued. Likewise, if more than seven days have passed since your purchase, you will not be eligible for a refund.

To request a refund within the allowable period, you must contact AKW Academy (either in person at our facility or via the contact information provided on our website) and provide your purchase details. If you are eligible under the policy outlined above, we will process the refund to your original form of payment. Please allow a reasonable period for the refund to be processed by us and reflected by your payment provider.

Exceptions: Refunds will not be given for partial attendance or failure to attend (no-shows) a course or event. However, if AKW Academy must cancel an event or course you have paid for, or if we make a significant schedule change that prevents your attendance (for example, moving the date to a time you cannot attend), we will offer you the choice of a full refund or a credit toward a rescheduled or future event. This exception for AKW Academy cancellations or changes does not apply to interruptions or cancellations due to circumstances beyond our control (such as severe weather or other force majeure events); in such cases, we will make good-faith efforts to reschedule the affected session, but no refund is guaranteed.

Membership Fees: Fees paid for an AKW Racing Team membership subscription (see Membership Subscriptions below) are generally non-refundable once a membership term has begun, except as required by law or expressly stated in a specific membership offer. Cancellation of memberships will stop future billing but will not typically result in a refund of fees already paid for the current term.

Membership Subscriptions (AKW Racing Team)

AKW Academy offers an optional membership program for those who wish to join the AKW Racing Team. Membership is not required to enroll in courses or events, but it may provide additional benefits such as exclusive training sessions, team practices, special racing events, discounts on courses or merchandise, or other perks as described in our membership materials. Memberships are offered on a subscription basis (for example, monthly or annually) and are subject to the following terms:

• Enrollment and Payment: To enroll in the AKW Racing Team membership, you (or your parent/guardian if you are a minor) must complete the membership registration and pay the applicable membership fee for the chosen subscription term (e.g., monthly or annual). By signing up, you authorize AKW Academy to charge the membership fee to your provided payment method at the start of each billing period. Auto-Renewal: Membership subscriptions will automatically renew at the end of each term at the then-current membership rate, unless you cancel the membership prior to the renewal date. You will be billed on a recurring basis without further authorization from you, until you properly cancel.

• Parental Purchase for Minors: Memberships for minor participants must be purchased by a parent or legal guardian. The adult who purchases the membership will be considered the primary member/account holder for payment purposes and is responsible for ensuring compliance with these Terms. Any benefits of membership extended to a minor are contingent upon the parent/guardian’s agreement to and compliance with all Terms and payment obligations.

• Cancellation Policy: You may cancel your membership subscription at any time by notifying AKW Academy through the designated cancellation method (for example, through your online account settings or by sending a written cancellation request to our contact email/address). Cancellation will take effect at the end of your current paid billing period. This means you will continue to have access to membership benefits until the conclusion of the period you have already paid for (the current month or year), but your subscription will not renew thereafter. AKW Academy does not provide pro-rated refunds for unused portions of a billing period. For example, if you cancel mid-month, you will not receive a refund for the remaining days of that month; your membership will simply not renew for the next month.

• Changes to Membership Terms: AKW Academy reserves the right to modify the membership benefits, fees, or terms. If we change the membership fee or materially reduce benefits, we will provide notice to current members in advance (for example, by email or via the website). Any fee change will apply only to a subsequent billing period (e.g., the next month or year); if you do not agree to a revised fee or terms, you must cancel your membership before the new terms take effect. Continuing the membership after changes take effect constitutes acceptance of the new terms.

• Termination by AKW Academy: We reserve the right to suspend or terminate your membership at our discretion if: (a) you fail to pay the membership fees when due, (b) you or the minor participant violate these Terms or any additional rules applicable to members, or (c) we discontinue the membership program. If termination is due to non-payment or a violation of Terms or misconduct, AKW Academy is not obligated to refund any membership fees already paid. If we terminate the membership program entirely or terminate your membership without cause, we will provide a pro-rata refund for any remaining full months of a paid term.

• Non-Transferability: Membership is personal to the enrolled individual (and their parent/guardian account holder, if applicable) and cannot be transferred or assigned to another person. Membership benefits are intended for the designated member only. You agree not to share any membership privileges (such as discount codes or members-only resources) with non-members.
  

By purchasing a membership subscription, you acknowledge that it is a recurring payment program and that you are responsible for managing your subscription (including monitoring billing dates and canceling if you wish to stop). These membership terms are subject to and incorporate all other provisions of these Terms and Conditions.

Participant Responsibilities and Conduct

To ensure a safe and positive environment, all participants (and their parents/guardians, in the case of minors) must adhere to the following rules of conduct when engaging in AKW Academy activities or using our facilities:

• Follow Instructions: Obey all instructions, guidelines, and rules provided by AKW Academy instructors, coaches, and staff at all times. This includes adhering to on-track rules, obeying flag signals or officials’ directions during races, and following any safety protocols explained in briefings or posted on signage.

• Safety Gear: Proper safety equipment must be worn at all required times. Participants are required to use the provided helmets, seat belts, neck braces, racing suits, and any other mandated protective gear when operating karts or on the track. Do not remove or tamper with safety equipment during an event. If you have any issues with your equipment, signal an official or safely exit the track to address the problem.

• No Reckless Behavior: Participants must not engage in reckless, dangerous, or aggressive behavior on or off the track. This includes refraining from inappropriate horseplay, unnecessary bumping or contact with other karts, and any conduct that endangers oneself or others. Racing can be competitive, but all participants are expected to exercise control and sportsmanship. Deliberately endangering others or ignoring safety rules will result in immediate removal from the event.

• Health and Sobriety: You affirm that you (or your minor child) are physically fit for the activities and do not have any condition that would make participation unsafe. No alcohol or drugs are to be consumed before or during any AKW Academy activity. You (or your minor child) must not be under the influence of alcohol, illegal substances, or any medications that could impair alertness or motor skills while participating. AKW Academy reserves the right to refuse participation to anyone who appears to be under the influence or otherwise medically unfit.

• Respectful Behavior: All participants and accompanying family members or spectators must treat others with respect. Harassment, bullying, discrimination, or abuse of any kind (verbal or physical) towards instructors, staff, other participants, or spectators is strictly prohibited. This includes the use of profanity or slurs, and any form of intimidation or unwanted physical contact off-track. AKW Academy aims to create a family-friendly, supportive atmosphere.

• Use of Equipment: Any equipment provided by AKW Academy (such as rental karts, helmets, or other gear) is to be used only as instructed and solely for its intended purpose during the course or event. Equipment remains the property of AKW Academy and must be returned in good condition after use. You agree not to misuse, modify, or intentionally damage any equipment. If you or your minor child lose or damage AKW Academy’s equipment due to negligence or violation of rules, you may be held financially responsible for the repair or replacement of that equipment.

• Property Damage: You must not intentionally damage or misuse any property at the facility, including the track, karts, safety barriers, signage, or any other equipment or property belonging to AKW Academy or the venue. If you (or your minor child) cause damage to property through negligence or misconduct, you agree to reimburse AKW Academy for the cost of repair or replacement. This includes damage to facilities or equipment caused by failure to follow instructions or reckless behavior.

Failure to comply with the above safety and conduct requirements may result in immediate removal from the course or event, disqualification from a race, and/or termination of your participation in the Services without a refund. AKW Academy staff have the authority to enforce these rules to protect the safety and well-being of all participants. Repeated or serious violations may also result in a ban from future participation in AKW Academy events or programs.

Intellectual Property Rights

All content and materials provided by AKW Academy, whether on our website, in printed form, or through our courses and events, are protected by intellectual property laws. This includes, but is not limited to, the AKW Academy name and logo, all website design and text, graphics, photographs, videos, audio recordings, curricula and lesson plans, training manuals, handouts, and any other educational or promotional materials (collectively, the "Content").

Ownership: AKW Academy (and/or its licensors) retains all rights, title, and interest in and to the Content. Your use of our website or participation in our courses and events does not grant you any ownership of or rights to the Content, except for the limited permission to use the Content for your personal, non-commercial purposes in connection with our Services.

Restrictions on Use: You may not copy, reproduce, distribute, publicly display, perform, publish, upload, post, transmit, create derivative works from, or otherwise exploit any part of the Content without prior written permission from AKW Academy. In particular:

• Website Materials: You may view and print pages from the AKW Academy website for your personal informational use, but you may not otherwise use any text, images, or layout from our website for any public or commercial purpose. Web scraping or data mining of our site’s content is prohibited.

• Course Materials: Any course materials, guides, or documents provided to you as part of a coaching program or event are for your personal use only. You may not share these materials with others who are not enrolled, nor use them to train others or for any commercial educational purpose. Recording (video or audio) of AKW Academy classes or sessions for later use is not allowed without our explicit permission.

• Photographs and Media: Photographs or videos taken by AKW Academy or our authorized photographers during events are the property of AKW Academy (unless otherwise agreed). We may share or publish some of these images for promotional or instructional purposes. Participants and parents/guardians should not publish or use AKW Academy photographs or videos for commercial purposes without consent. If you personally take photographs or videos during an event (when permitted), you agree not to use such media in any way that would infringe on the privacy or publicity rights of others, or on AKW Academy’s intellectual property or brand reputation.

• Trademarks: The AKW Academy name, logo, and any associated slogans or taglines are trademarks/service marks of AKW Academy. You agree not to use AKW Academy trademarks, logos, or trade dress (including any content that could be confusingly similar to them) without our prior written consent. This includes not using "AKW Academy" or our logos in the name or branding of any product, service, or website that is not authorized by us.

Third-Party IP: In some cases, our website or materials may include content owned by third parties (for example, logos of partner organizations, or curriculum content licensed from a third-party). Such content remains the property of its respective owners and is used by AKW Academy with permission. You have no right to use any third-party content without permission from the respective owner.

Any unauthorized use of the Content or violation of AKW Academy’s intellectual property rights may result in termination of your access to the Services (including removal from courses or the website) and may subject you to legal liability. We aggressively enforce our intellectual property rights to the fullest extent of the law.

Website Use and Acceptable Conduct

When using the AKW Academy website and any online services or portals we provide, you agree to do so in accordance with these Terms and all applicable laws. The following rules govern your use of our website:

• Lawful and Proper Use: You will not use the website for any unlawful, fraudulent, or malicious purpose, or engage in any activity that could constitute a criminal offense or give rise to civil liability. You agree not to use our site to violate any local, state, national, or international law or regulation.

• Accuracy of Information: If you create an account on our website or fill out any forms (for example, to register for an event, subscribe to membership, or join a mailing list), you agree to provide information that is truthful, accurate, current, and complete. You also agree to promptly update any such information if it changes (for instance, if you change your email address or if there’s a new emergency contact for a minor participant).

• Account Security: If we provide login credentials or an account system for certain Services (such as managing memberships or registrations), you are responsible for maintaining the confidentiality of your username and password. Do not share your account information or allow anyone else to use your account. You agree to notify us immediately of any unauthorized access or use of your account or any security breach. AKW Academy will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

• Prohibited Actions: You agree that you will NOT:

  • Attempt to gain unauthorized access to any part of the website, servers, or systems. This includes not trying to circumvent security features, probe or test vulnerabilities, or breach authentication measures of the site or any related system.

  • Deploy or introduce any malware or harmful code to the site, such as viruses, worms, Trojan horses, spyware, or any other code that could interrupt, damage, or limit the functionality of the website or compromise its security.

  • Use any automated means (e.g., robots, spiders, scripts, or scrapers) to access, monitor, or copy any part of the website without prior permission. You also agree not to "frame" or "mirror" the website or any content on any other server or device.

  • Send unsolicited communications or promotions, such as spam, through or in connection with the website. You will not use the website to advertise or offer to sell any goods or services for any commercial purpose unrelated to AKW Academy.

  • Post or transmit any content on the website (such as in forums, comment sections, or social media pages, if available) that is unlawful, defamatory, harassing, abusive, libelous, hateful, obscene, or invasive of another’s privacy or rights. This includes not uploading content that infringes any third party’s intellectual property rights or rights of publicity/privacy.

• Third-Party Links and Content: Our website may contain links to third-party websites or resources (for example, links to sponsors, partner organizations, or relevant articles). These links are provided for convenience and informational purposes only. AKW Academy does not endorse and is not responsible for the content, products, or services on or available from those third-party sites. If you access a third-party website via a link on our site, you do so at your own risk, and you should review the terms and policies of any site you visit.

• User-Generated Content: (If applicable) If our website allows users to post or submit content (such as comments, reviews, or forum posts), you are solely responsible for any content you provide. By submitting content, you grant AKW Academy a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display that content in connection with operating and promoting the Services. We reserve the right (but not the obligation) to monitor and remove any user-submitted content that we deem inappropriate or in violation of these Terms.

We reserve the right to suspend or terminate your access to the website or online Services at any time if you engage in any conduct that we determine, in our discretion, violates these Terms or is otherwise harmful to AKW Academy or our users. Additionally, any violation of the above provisions may be referred to law enforcement authorities where appropriate.

Limitation of Liability

To the fullest extent permitted by law, AKW Academy and its owners, directors, officers, employees, instructors, agents, affiliates, sponsors, and volunteers (collectively, the "AKW Parties") shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any theory of liability (whether in contract, tort, strict liability, or otherwise), arising out of or related to your use of the Services or the website, or your participation in any course or event, even if we have been advised of the possibility of such damages.

This limitation of liability covers, for example:

• Personal Injuries or Property Damage: Any injury, illness, death, or property damage that you or your minor child may suffer in connection with participating in our racing activities or using our facilities. (You acknowledge that you assume these risks and have waived claims against us in the required liability waiver.)

• Financial Losses: Any loss of income, business, or profits, or any business interruption, that may result from cancellation of an event, injuries, or any other circumstances arising from our Services.

• Data or Tech Issues: Any damage to or loss of data, or any damage to your computer or other devices, that you may sustain from using our website or digital services (for instance, due to viruses or other harmful code that might be transmitted via our site without our knowledge).

• Other Indirect Damages: Any consequential or incidental damages or other losses that are not the direct result of our actions (for example, travel or accommodation expenses lost due to a last-minute event cancellation for weather, or emotional distress from an incident at an event).

In no event shall the total aggregate liability of the AKW Parties to you for any and all claims arising out of or relating to these Terms, the Services, or your participation in our events exceed the total amount of fees you paid to AKW Academy in the twelve (12) months prior to the event giving rise to the claim, or USD $100.00, whichever amount is greater. If you have not paid any fees to us (for example, if you are only using free website resources), AKW Academy’s total liability to you for any claim will be limited to USD $100.00.

Nothing in these Terms is intended to exclude or limit any liability which cannot be excluded under applicable law (for example, certain statutory liabilities that may apply to providers of services). Additionally, the above limitations shall not apply to the extent that damages are the direct result of the AKW Parties’ gross negligence or willful misconduct. However, in such cases, if liability is still found against us, the cap on maximum liability stated above shall apply to the fullest extent permitted by law.

Notice: Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. If the laws applicable to your use of the Services do not allow the exclusion or limitation of certain damages, then the above limitations may not apply to you to the extent prohibited by law. In such cases, AKW Academy’s liability will be limited to the maximum extent permitted by applicable law.

Disclaimer of Warranties

AKW Academy provides its Services and website to you on an "as is" and "as available" basis. To the fullest extent permitted by law, AKW Academy disclaims all warranties of any kind, whether express, implied, or statutory, related to the Services and the website. This includes, but is not limited to:

• Implied Warranties: All implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement are expressly disclaimed. We make no promise or guarantee that any participant will achieve any particular result or level of proficiency from our coaching or training programs. (For example, we do not guarantee that attending our academy will result in winning races or obtaining licenses.)

• Service Availability: We do not warrant that our courses or events will always occur without changes or cancellations (events may be affected by weather or other unforeseen issues), nor do we guarantee that space will be available in any given course for every interested participant.

• Website Performance: We do not warrant that the website or any online features (such as registration portals or payment systems) will be uninterrupted, timely, secure, or free from errors, viruses, or other harmful components. While we strive to maintain a fully functional and secure site, technical issues or downtime may occur. You assume the risk of any damage to your computer or data that results from accessing or using the website.

• Accuracy of Information: Although we attempt to keep information on the website up-to-date (including course schedules, pricing, availability, and blog or news content), we make no warranty or guarantee regarding the accuracy, completeness, or reliability of any information obtained through the Services. Schedules and content are subject to change, and you acknowledge that any reliance on the website information is at your own risk.

• Third-Party Services: Any third-party services, content, or information that we make available or that you encounter through our Services (such as a third-party payment processor, or a link to an external site) are not warranted or supported by AKW Academy. Any use of third-party services is solely between you and the third-party provider.

No advice or information, whether oral or written, obtained from AKW Academy or through the Services, shall create any warranty not expressly stated in these Terms. You understand and agree that participation in racing activities carries inherent risk and that AKW Academy cannot guarantee your absolute safety or success.

Because some jurisdictions do not allow the disclaimer of certain warranties, some of the above disclaimers may not apply to you. In such jurisdictions, our warranties are limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless AKW Academy and all of the AKW Parties (as defined above) from and against any and all claims, demands, lawsuits, damages, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to: (a) your (or your minor child's) use of the Services or participation in any AKW Academy course or event; (b) your breach of any of these Terms or any violation of law or regulation; or (c) your negligence, misconduct, or other wrongful acts (or those of your minor child) while using the Services or at an AKW Academy event.

This means that if a third party (including, for example, another participant or a spectator) makes a claim or files a lawsuit against AKW Academy or any of the AKW Parties because of something you or your child did (such as causing injury to someone, damaging property, or violating someone’s rights), you will be responsible for any costs and damages we incur as a result of that claim, except to the extent that the claim was caused by the gross negligence or intentional misconduct of AKW Academy.

AKW Academy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of AKW Academy. Your indemnification obligations will survive any termination of your relationship with AKW Academy or your cessation of use of our Services.

Dispute Resolution

AKW Academy is committed to resolving disputes fairly and efficiently. By agreeing to these Terms, you and AKW Academy agree to the following process in the event of a dispute:

• Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or your participation in our programs, the parties (you and/or your parent/guardian, and AKW Academy) agree to first attempt to resolve the issue informally through good-faith discussions. You agree to contact us at the address or email provided in the Contact section below and provide a written description of your issue, all relevant documents/information, and the desired resolution. AKW Academy will make a good-faith effort to respond and resolve the matter.

• Mediation (Optional): If the dispute cannot be resolved through informal negotiations, either party may suggest in writing that the dispute be submitted to mediation. Mediation is a voluntary process in which a neutral third-party mediator facilitates a resolution. If both parties agree to mediation, they will work together to select a mediator and share the costs of the mediation equally (unless otherwise agreed). The mediation would take place in Florida (or another location agreed upon) and be conducted in accordance with the mediator’s rules. Mediation is not binding; it is an opportunity to find a mutually acceptable resolution with the help of a mediator. If mediation is not agreed to or does not result in a settlement, the dispute may proceed to the next step.

• Binding Arbitration: Except for the specific exceptions stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved through negotiation or mediation shall be resolved by binding arbitration. This includes disputes concerning the validity, interpretation, or enforceability of this dispute resolution provision, or of the Terms as a whole. By agreeing to arbitration, you and AKW Academy are giving up the right to go to court (except as otherwise provided herein), and to have a trial by jury.

  • The arbitration shall be administered by a reputable arbitration service such as the American Arbitration Association (AAA), under its Commercial Arbitration Rules or Consumer Arbitration Rules (as applicable) in effect at the time the arbitration is initiated, unless the parties agree on a different arbitration procedure. If for any reason the AAA is not available, the parties shall mutually select an alternative arbitration provider or procedure.

  • The arbitration will be conducted by a single neutral arbitrator. The arbitrator shall be an attorney or retired judge experienced in the field of sports or recreation law, or otherwise competent to handle the matters in dispute.

  • Location and Governing Law: The arbitration hearing shall take place in Florida, in the county where AKW Academy is based or another nearby location convenient to both parties, unless the parties agree to a different location. The arbitrator shall apply the laws of the State of Florida (consistent with the Governing Law section of these Terms) to the dispute, except that this arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  • Procedure: Each party shall have the right to be represented by an attorney of its choosing. The parties will have the opportunity to exchange information and present their case as provided by the arbitration rules. The arbitrator shall issue a written decision stating the essential findings and conclusions upon which the award is based. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

• Exceptions to Arbitration – Small Claims and Injunctive Relief: Either party may choose to bring an individual claim in small claims court if the claim is within that court’s jurisdiction and only seeks monetary relief of an amount not exceeding the small claims limit. Additionally, notwithstanding the agreement to arbitrate, AKW Academy may seek injunctive relief or other equitable remedies in a court of proper jurisdiction if you have violated or threatened to violate the intellectual property rights or confidentiality provisions of these Terms, since such a violation could cause irreparable harm that cannot be adequately remedied through monetary damages or arbitration alone.

• No Class Actions or Representative Proceedings: You and AKW Academy agree that all disputes will be resolved on an individual basis only. No class, collective, or representative actions are permitted. You may only resolve disputes with us in your individual capacity, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. The arbitrator shall not have the authority to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals.

• Fees and Expenses: Each party will bear its own attorneys’ fees and costs in any dispute resolution proceeding (mediation, arbitration, or litigation). The parties shall share equally in the arbitrator’s fees and any administrative fees of arbitration (or follow the rules of the arbitration provider regarding fees). However, if a party prevails on a statutory claim that affords the prevailing party attorneys’ fees (or if there is a written contract that provides for attorneys’ fees), the arbitrator may award reasonable attorneys’ fees to the prevailing party, in accordance with applicable law. Also, if the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may award the other party its reasonable costs and attorneys’ fees incurred in defending against that claim.

• Binding Effect and Survival: This Dispute Resolution provision binds both you and AKW Academy, and also covers respective agents, affiliates, successors, and assigns. This agreement to arbitrate (and the waiver of class actions) is an independent agreement and shall survive the termination of these Terms or your relationship with AKW Academy.

By entering into these Terms, you acknowledge that you have read and understood the foregoing arbitration agreement and are giving up the right to a trial by jury and the right to participate in a class action for any dispute with AKW Academy, except as provided in the exceptions above. If you do not wish to be bound by this arbitration clause (including the class action waiver), you must not use the Services.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim (whether in contract, tort, or otherwise) arising out of or related to the Terms or the use of the Services shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to any conflict of law principles that would cause the laws of any other jurisdiction to apply.

Subject to the Dispute Resolution provisions above, which may require arbitration or permit certain small claims or injunctive actions, you agree that any permitted legal action (for example, a lawsuit that falls under an exception to the arbitration agreement or an action to enforce an arbitration award) shall be instituted exclusively in the state or federal courts located in the State of Florida. Specifically, unless otherwise required by law, any such action shall be brought in a court of competent jurisdiction in **[County Name], Florida (or if jurisdictionally appropriate, the United States District Court for the Southern District of Florida). You and AKW Academy consent to the exclusive jurisdiction and venue of such courts and waive any objection on the grounds of inconvenient forum or any similar grounds.

([County Name] can be specified to the county where AKW Academy operates, e.g., Palm Beach County, if AKW Academy is based in Delray Beach.)*

If you access or use our Services from outside of Florida, you do so on your own initiative and are responsible for compliance with any local laws. However, by doing so, you acknowledge that the laws of Florida will govern your use of the Services and any disputes that may arise.

Changes to Terms

AKW Academy reserves the right to update or modify these Terms and Conditions at any time. If we make material changes to the Terms, we will provide notice of such changes, which may include posting the updated Terms on our website with a new effective date and/or sending an email notification to members or registered users. We encourage you to review these Terms periodically for any updates.

Changes to the Terms will not apply retroactively. If we make a material change, it will become effective on the date specified in the notice or when posted (as applicable). By continuing to use the Services or the website after the updated Terms have become effective, you are indicating that you agree to be bound by the revised Terms. If you do not agree to a change in the Terms, you must discontinue use of the Services and, if applicable, cancel your membership or upcoming participation (subject to the refund policy).

No modification or amendment to these Terms by you is valid or has any effect unless expressly agreed to in writing by an authorized representative of AKW Academy. For example, you cannot alter the Terms by writing conditions on a sign-up sheet or by sending us written notices that conflict with the Terms without our agreement; any such purported modifications will be null and void.

Severability

If any provision (or part of a provision) of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, then that provision or part-provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions will continue in full force and effect.

If any provision is so broad as to be unenforceable, that provision shall be interpreted to the maximum extent allowed by law so as to be enforceable. The intent is that these Terms will be enforced to the greatest extent permitted by law, and that any unenforceable provision will be narrowed or severed, but not invalidate the rest of the Terms.

Entire Agreement

These Terms and Conditions, together with any additional rules, policies, or documents expressly incorporated by reference herein (including the required Waiver and Release of Liability, and any applicable course rules or guidelines provided to you in writing), constitute the entire agreement between you and AKW Academy with respect to the subject matter hereof. This means that these Terms supersede all prior and contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding the Services and your participation in AKW Academy events or programs.

In the event of a conflict between these Terms and any other agreement or policy provided by AKW Academy, the terms that most fully protect AKW Academy’s rights and limitations of liability shall prevail, provided however that (as stated) the signed Waiver and Release of Liability will supersede these Terms on any issues explicitly addressed in the waiver (such as the assumption of risk and release of claims).

No waiver by AKW Academy of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other, and any failure by AKW Academy to assert a right or provision under these Terms shall not constitute a waiver of that right or provision.

No changes to or waiver of any part of these Terms by you shall be valid unless in writing and signed by an authorized representative of AKW Academy. You acknowledge that you have not relied on any statement, promise, or representation by AKW Academy or any third party (such as an instructor or staff member) not expressly included in these Terms or the incorporated documents.

Contact Information

If you have any questions, concerns, or notices regarding these Terms and Conditions or any aspect of our Services, please contact us at:

AKW Academy
American Kart Works, LLC
Training & Service Center
3101 Fairlane Farms Road
Wellington, FL 33414