Martial Art Cults? Hwarangdo
Posted by:
Keir
()
Date: February 05, 2006 10:39PM
I believe the Rick Ross data base already contian information about Oom yung doe/Chung Moo Doe/Chung Moo Quan martial art group. But nothing on Hwarangdo (alternative spelling: Hwarang do or Hwa Rang Do).
Theres some good information about the hwarangdo organization put out by former members: Bob Dugan. So I will provide a link instead.
[www.hwarang.org]
(here is Michael de Alba's website: [www.dsystem.com] He was also a ex member.)
This hwarangdo group has very cult like characteristics.
1. The organization does not allow members to study other martial arts or go to other schools of martial arts (there are consequences).
2. You have a surpeme leader claiming paranormal abilities
3. Money making seems to be a focus with the group
4. You have "Judical Committee" that is used as an intimidation weopon against members
Along with the "Judical Committee", the group acts like if they can legally create their own bylaws within the organization. Check out Bob Dugan's site for a better explaination
" 7.09.01 Defined: Following the determination of the objectionable conduct by the Judicial Committee, a member may be terminated, suspended, expelled or reduced in rank for a violation of an established policy of the Association, as indicated in these bylaw....."
[www.hwarangdo.com]
" b. Because the resulting damages to the reputation, coherence, and stability of the martial art HWA RANG DO®/TAE SOO DO® would be impracticable to determine or quantify, the offending individual agrees to pay the minimum of $50,000 to the WHRDA as liquidated damages. These liquidated damages are to be in addition to any injunctive relief and forfeiture of profits available under applicable contracts and law."
[www.hwarangdo.com]
"ARTICLE X. INDEMNIFICATION OF DIRECTORS & OFFICERS
The Board may authorize the Association to pay expenses incurred by, or to satisfy a judgement or fine levied against, any present or former officer, employee or agent of the Association to the extent and under the circumstances as it sees fit."
[www.hwarangdo.com]
etc etc etc
Rules for prospective students
" 02. If Black Belts from other martial arts wish to enroll in HWA RANG DO® and/or TAE SOO DO® the following procedures must be followed:
a. Loyalty & affiliation must be conducted with only HWA RANG DO® & TAE SOODO®
b. Must drop former affiliation and former martial art technique and protocol (because a martial artsman should have loyalty to only one family, not split loyalties & agendas). " etc etc
[www.hwarangdo.com]
Theres some good information about the hwarangdo organization put out by former members: Bob Dugan. So I will provide a link instead.
[www.hwarang.org]
(here is Michael de Alba's website: [www.dsystem.com] He was also a ex member.)
This hwarangdo group has very cult like characteristics.
1. The organization does not allow members to study other martial arts or go to other schools of martial arts (there are consequences).
2. You have a surpeme leader claiming paranormal abilities
3. Money making seems to be a focus with the group
4. You have "Judical Committee" that is used as an intimidation weopon against members
Along with the "Judical Committee", the group acts like if they can legally create their own bylaws within the organization. Check out Bob Dugan's site for a better explaination
" 7.09.01 Defined: Following the determination of the objectionable conduct by the Judicial Committee, a member may be terminated, suspended, expelled or reduced in rank for a violation of an established policy of the Association, as indicated in these bylaw....."
[www.hwarangdo.com]
" b. Because the resulting damages to the reputation, coherence, and stability of the martial art HWA RANG DO®/TAE SOO DO® would be impracticable to determine or quantify, the offending individual agrees to pay the minimum of $50,000 to the WHRDA as liquidated damages. These liquidated damages are to be in addition to any injunctive relief and forfeiture of profits available under applicable contracts and law."
[www.hwarangdo.com]
"ARTICLE X. INDEMNIFICATION OF DIRECTORS & OFFICERS
The Board may authorize the Association to pay expenses incurred by, or to satisfy a judgement or fine levied against, any present or former officer, employee or agent of the Association to the extent and under the circumstances as it sees fit."
[www.hwarangdo.com]
etc etc etc
Rules for prospective students
" 02. If Black Belts from other martial arts wish to enroll in HWA RANG DO® and/or TAE SOO DO® the following procedures must be followed:
a. Loyalty & affiliation must be conducted with only HWA RANG DO® & TAE SOODO®
b. Must drop former affiliation and former martial art technique and protocol (because a martial artsman should have loyalty to only one family, not split loyalties & agendas). " etc etc
[www.hwarangdo.com]
Martial Art Cults? Hwarangdo
Posted by:
Keir
()
Date: February 05, 2006 10:45PM
Here is Bob Dugan's opnion of the group. Check out the link for a more comprehensive reading.
[www.hwarang.org]
"...It has been my opinion for the better part of twenty years that Joo Bang Lee's failure was his belief that He is the Art, and that central focus of study at the Headquarters is devotion to the Cult of the Personality. It was for this reason that he was abandoned by both Korean and American instructors year after year until none of the First, Second or Third Generation of Instructors, Korean or American with the exception of family members and one or two sycophants remain by Joo Bang's side. The ones who remain are True Believers. I have always regarded this fact with great sadness because Joo Bang Lee is an immensely gifted martial artists, a Grand Master. Over the years that I traveled with him, I had the opportunity to compare his talents with many other masters of Korean and Asian martial arts, and Joo Bang Lee was in a league by himself. This was acknowledged by all who met him. ..."
[www.hwarang.org]
"...It has been my opinion for the better part of twenty years that Joo Bang Lee's failure was his belief that He is the Art, and that central focus of study at the Headquarters is devotion to the Cult of the Personality. It was for this reason that he was abandoned by both Korean and American instructors year after year until none of the First, Second or Third Generation of Instructors, Korean or American with the exception of family members and one or two sycophants remain by Joo Bang's side. The ones who remain are True Believers. I have always regarded this fact with great sadness because Joo Bang Lee is an immensely gifted martial artists, a Grand Master. Over the years that I traveled with him, I had the opportunity to compare his talents with many other masters of Korean and Asian martial arts, and Joo Bang Lee was in a league by himself. This was acknowledged by all who met him. ..."
Martial Art Cults? Hwarangdo
Posted by:
Keir
()
Date: February 05, 2006 10:50PM
From Bob Dugan's site
"... The document below is a sample of an early version the WHRDA CONTRACT that all candidates for Black Belt were required to sign on the day they tested."
(I have seen this contract in the 90's and concur with Bob Dugan; this contract is authentic and was not fabricated by Dugan.)
------------------------------------------------------------------------
The document below is a sample of an early version the WHRDA CONTRACT that all candidates for Black Belt were required to sign on the day they tested. Contemporary contracts obligate the "Member" to Indentured Servitude even more than this one.
AGREEMENT
Agreement made this day of , 19 , between the World Hwarang-do Association (hereinafter referred to as WHRDA) and (hereinafter referred to as Member)
As a condition to Member's training in the martial art of Hwarang-do, and with the WHRDA complying with the agreements set forth below, Member agrees as follows:
1. INSTRUCTION IN MARTIAL ART
A. Member hereby promises to WHRDA that Member will not teach, instruct, advise or give any form of lesson in any form of martial art, under any name (real or fictitious) without first obtaining the necessary written permission, credentials, certifications and authorizations from the WHRDA to do so.
Documents include but are not limited to a valid Degree Certificate, a valid Instructor certificate and written authorizations from the WHRDA to instruct.
B. When Member obtains the necessary documents and authorizations to teach the martial art of Hwarang-do, Member shall at all times present himself/herself as an instructor of Hwarang-do and not any other type of martial art, regardless of any previous training or ranking in another martial art.
C. Member agrees to prominently display his/her certifications and authorizations at Member's teaching premises.
D. Prior to attaining an Instructor's Degree, Member agrees to train and test at the WHRDA International Headquarters.
E. The WHRDA reserves the right to retract Member's authorizations and certifications to instruct at any time , although this retraction shall in no way alter or affect any other portion of this agreement.
F. If Member operates under any circumstances as an instructor, advisor, consultant or serves in any other capacity as an authority in any martial art (real or fictitious) without current and validated written authorization from the WHRDA , Member agrees to forfeit all profits from said instruction and/or operations to WHRDA and shall cease all such instruction and operation upon demand of WHRDA. Furthermore, if WHRDA deems it necessary to procure the services of an attorney (s) to obtain compliance with a demand to cease instruction and/or operations and/or an accounting of finances involved, Member agrees to be liable hereunder for all attorney's fees and other legal costs incurred by WHRDA .
G. Member shall not engage in any instructional services to any organized group (i.e.-Governmental, military, Law Enforcement, Corporations, Companies or other organizations). Such services shall be done only by agreements or contracts directly between the group in question and WHRDA, with the Member working as an authorized agent of the WHRDA. In order to serve as an authorized agent, Member agrees to obtain written permission to serve in such capacity from the WHRDA , with any monetary disbursement to be arranged in that contract or agreement granting such permission.
H. Member agrees to continue his/her personal training to upgrade his/her abilities on a regular basis with a minimum of 50 hours of increased instruction per year. This training is to be completed at WHRDA International Headquarters (or at an approved location authorized in writing by the WHRDA) .
I. The WHRDA agrees to assist Member in his/her training to further enhance and update Member's abilities in the form of periodic seminars, classes and information dissemination. The WHRDA also agrees to assist Member in their quest to instruct others in Hwarang-do by supplying Member with periodic instruction in methods of instruction that the Member is encouraged to participate in.
2. OPENING SCHOOLS (or other teaching premises)
A. Member will open a ( school, club, branch, institute, clinic, seminar, studio or course of instruction-hereinafter referred to as School) only after receiving all the necessary current and validated written credentials and authorizations to serve as an instructor and after obtaining all necessary current and validated written credentials and authorizations to open a School.
B. Member agrees to have the name of said School prominently displayed as the World Hwarang-do Association (location) School with the location name designated by WHRDA.
C. Member will have all official certificates, credentials and authorizations prominently displayed in the office of said School.
D. Member agrees to train and to test at the WHRDA International Headquarters prior to opening a School.
E. Member agrees to enroll in and successfully complete a course in business management approved by WHRDA prior to opening a School (this requirement may be waived in certain instances -written permission from WHRDA is necessary) .
F. Member agrees to assume sole and total responsibility for meeting all maintenance fees, rents, loans, insurance, and all financial and legal obligations concerning the opening and operation of any School and hereby agrees not to hold the WHRDA responsible for any such matters, including any subsequent actions, claims or suits.
G. Member agrees to allow the WHRDA to examine, through its appointed agent, Member's financial records, School records ,and any other records relating to the operation of the School, at any time. Member further agrees to submit monthly financial records, School records as supplied by the WHRDA by the 5th of every month.
H. Member agrees to maintain regular correspondence with WHRDA
I. Member may test his/her students for color belt advancement through first degree black belt, (with written authorization from WHRDA), although for the student to achieve Degree Certification, Member's student must train and test at WHRDA International Headquarters. Color Belt Certification must be processed through ~ the WHRDA in the manner set forth by WHRDA .
J. If Member opens a School under any name (real or fictitious) without full written authorization from the WHRDA, Member shall forfeit all profits from said instruction and operation to WHRDA and shall cease all such Schools and operation upon demand of WHRDA. Furthermore, if WHRDA deems it necessary to procure the services of an attorney(s) to obtain compliance with a demand to cease instruction and/or operation and/or an accounting of profits, Member shall be held liable hereunder for all attorney's fees and other legal costs incurred by WHRDA .
K. The WHRDA agrees to assist Member in their quest to actively teach Hwarang-do by helping to promote Member's School through its periodic newsletters, published articles and/or through advice in operating said School, though the WHRDA in no way will be held financially responsible for success or failure of Member's school.
3. DEMONSTRATIONS
A. Member will demonstrate, show or display himself/herself as a practitioner of Hwarang-do only after written authorization from WHRDA and will not demonstrate, show or display himself/herself as a practitioner of any other martial art .
4. PUBLICATIONS
Hereinafter any publications, books, manuals, magazines, news articles, news letters, periodicals, photographs, video ~ recordings, films, movies, audio recordings, training films, records, cassettes, cd's, tapes, illustrations, artwork and any printed matter concerning the martial arts and Oriental healing arts shall be referred to as WORKS.
A. Member agrees that prior to writing, creating, producing, or fabrication of any such WORKS, Member will receive advance written consent and authorization from the WHRDA to do so.
B. Member agrees to present these WORKS in rough draft form and again in the finalized form to WHRDA for their written approval prior to any release of such works.
C. Member consents to willingly and without reservation alter or change any aspect of said WORKS as requested by WHRDA
D. In the event that Member authors, creates, produces, publishes, acts in, or receives any financial compensations from the above mentioned WORKS, Member agrees to pay twenty-five percent (25%) of all Member's net receipts from initial and subsequent sales, advancements and royalties to the WHRDA.
E. All copyrights and patents of such WORKS shall be held in the name of the WHRDA. Member and WHRDA agree that they will cooperate in all respects necessary to the protection and maintenance of copyrights and patents.
F. The WHRDA will receive a reasonable number of copies of all such works at Member's costs and retains the right to deal with the publishing firm, film company, recording studio, or similar firms in conjunction with or on behalf of Member.
G. The WHRDA agrees to assist Member in arriving at story ~ ideas, editing, giving technical advice, historical; accuracy, choreographing projects, and in any manner at its disposal to assist Member in Members' undertaking of any WORKS. The WHRDA will also advertise said works to its members.
5. FINANCES
All monies shall be payable in U.S. Currency,-(Money Order or Cashiers Checks)
A. Member will pay the WHRDA the annual membership fee as set forth below:
B. If Member opens a School (definition found in 2A of this contract) ,
1. Member will pay to the WHRDA the annual school/dojang or branch/club fee as set forth below:
2. Member will pay ten percent (10%) of net profits realized to the WHRDA by the 5th of each month.
3. Member will have Member's students send their annual membership dues to WHRDA I.H. (via Money orders or Cashiers checks)
4. a) If Member locates his/her school within a 250 mile radius of the WHRDA I.H., Member will send all testing fees (as set forth below) to WHRDA Those schools located outside a 250 mile radius will send fifty % of testing fees to WHRDA
b) All Black Belt testing shall be conducted at WHRDA International Headquarters ~ and testing & processing fees paid at that time.
C. Twenty five percent (25%) of all net profits from demonstrations, expositions, television broadcasts, movie rights, and any other function in which Member receives funds directly or indirectly as a result of Member's knowledge in Hwarang-do shall be paid to WHRDA The WHRDA agrees to assist Member in negotiating terms with these outside agencies or companies and agrees to assist Member in their pursuit thereof of such endeavors.
6 . INDEMNITY
A. Member shall indemnify and hold harmless WHRDA from any claim, suit, or action and any expense or damage in consequence thereof, asserted by reason of WHRDA's exercise or enjoyment of any of it's rights hereunder or by reason of any warranty or promise made by WHRDA in connection with the exercise of any such rights.
B. WHRDA shall have the right at its option, but without any obligation to do so, to defend any such claim, suit, or action by counsel of its selection and with the consent of Member to settle the same on such terms as it deems advisable.
C. In the event a final judgement is entered against WHRDA, or settlement is reached pursuant to the aforesaid claim, suit, or action, Member shall be liable for and shall pay to the WHRDA the full amount of said judgement or settlement and shall reimburse WHRDA for any and all expenses incurred, including attorney fees.
7. ACCIDENTS OR INJURIES
A. Member and WHRDA acknowledge that the services, instruction, and use of equipment as provided for under this; agreement entail some unavoidable risk of personal injury and harm, which is inherent to physical contact training, particularly those involving the martial arts. It is further expressly agreed that all instruction, services, consultation and use of equipment and facilities shall be undertaken by Member at Member's sole risk, and Member assumes the risk for any such injuries or damages arising out of or in any way connected with his/her use of any of the services or facilities. WHRDA shall not be held liable for any claim, demand, injury, expense, damage, action or cause of action arising out of or connected with the use of any of the services or facilities of WHRDA, including those arising from negligence on the part of WHRDA, its servants, founders, instructors, agents, employees, or members. Member for himself/herself and on behalf of himself/herself, executors, administrators, and assigns does hereby expressly forever release and discharge WHRDA, its successors or assigns, as well as the officers, directors, founders, instructors, agents, employees, and members from all such claims, demands, injuries, expenses, damage, action or cause of action. Furthermore, WHRDA is not responsible for any loss or injury to personal property of Member while on, about, or as a result of being at the School.
8. INTERPRETATIONS
A. Regardless of its place of execution, this agreement shall'- be interpreted and performance thereof construed under the laws of the State of California, United States of America.
9. BREACH OF AGREEMENT
A. Member hereby agrees that if Member violates any portion of this agreement, Member shall cease 'and close down any business or operations accrued, will pay to WHRDA for all damages incurred and sustained by WHRDA and in the case of WORKS will print at Member's expense written retractions of any actions by Member which give an incorrect or negative image of the martial art of Hwarang-do, at the sole option of the WHRDA.
10. SEVERABILITY
A. In the event that any of the provisions of this agreement, in whole or in part, (or the application of any provision to a specific situation), is held to be invalid or unenforceable by the judgement of the court of competent jurisdiction, such invalidity shall be limited to such specific provision or portion thereof (or to such a situation) ,and this agreement shall be construed and applied in such manner as minimizes such unenforceability. This agreement shall otherwise remain in full force and effect.
11. WHOLE AGREEMENT
A. This agreement contains the entire agreement between the parties. Any modifications, changes or discharges of this; agreement must be in writing and signed by an authorized agent of the WHRDA. Member agrees ton adhere to and abide by all rules, regulations and conditions of Membership concerning the WHRDA as set forth above.
By his/her signature hereunder, Member I ( )acknowledges that he/she has read and does fully understand all the covenants, conditions and promises contained in this agreement and has received a copy thereof. In Witness whereof the parties hereto have duly executed this agreement the day and year first written above.
Members signature WHRDA authorized agent sig.
"cc Guardian (if under 18 years of age)
BLACK BELT INITIATION OATH
I { ) as a black belt of Hwarang-do will uphold its honor and glory, becoming a productive individual in society and spread the name of Hwarang-do throughout the world.
I will give absolute loyalty to my country and maintain the ideals of filial piety.
I will give my loyalty and complete respect to those who have made me grow; Supreme Grandmaster Dr. Joo Bang Lee and his disciples, and never will I disobey or perform any act of disloyalty to Hwarang-do, Grandmaster, and Master Instructors.
I will work for the sake of the dojang and pay respect to my older brothers and sisters, and also give love and guide my younger brothers and sisters in the ways of the Hwarang.
I will embody justice into society to become a man/woman of high moral repute and never violate the laws of the land.
As I { ) receive the Black Belt Degree in Hwarang-do, I make this solemn oath in the presence of all attending witnesses to obey, honor, and uphold this oath to my last breath.
~;~,.
Signature: Date:
THINK BEFORE YOU SIGN!
I recommend careful consideration before signing this or any other version of a contract from the WHRDA. This contract suffers from several legal flaws which you might have a lawyer examine:
1.
The WHRDA Contract is a violation of the California Business and Professions Code S 16600 in that it restrains free trade, and; Except as provided in this chapter, every contract where someone is restrained from engaging in lawful profession, trade, or business of any kind is to that extend void. see also: Robinson v. Jardine Insurance Brokers Intern. Ltd., (N.D. Cal. 1994) 856 F.Supp. 554.)
2.
The terms regarding the contract are vague and indefinite.
3.
The terms of the contract are unconscionable. The contract states that as " Member's condition of training in the martial arts of Hwarang-do", but this is not given to initiates or White Belts before they spend hundreds of dollars and years of training; it is presented to them in the back room on the day of their Black Belt Test and told if they don't sign it, they don't test.
4.
Whether they teach or learned other martial arts, Members are obligated financially to the Association for the indefinite future.
(source: [www.hwarang.org])
"... The document below is a sample of an early version the WHRDA CONTRACT that all candidates for Black Belt were required to sign on the day they tested."
(I have seen this contract in the 90's and concur with Bob Dugan; this contract is authentic and was not fabricated by Dugan.)
------------------------------------------------------------------------
The document below is a sample of an early version the WHRDA CONTRACT that all candidates for Black Belt were required to sign on the day they tested. Contemporary contracts obligate the "Member" to Indentured Servitude even more than this one.
AGREEMENT
Agreement made this day of , 19 , between the World Hwarang-do Association (hereinafter referred to as WHRDA) and (hereinafter referred to as Member)
As a condition to Member's training in the martial art of Hwarang-do, and with the WHRDA complying with the agreements set forth below, Member agrees as follows:
1. INSTRUCTION IN MARTIAL ART
A. Member hereby promises to WHRDA that Member will not teach, instruct, advise or give any form of lesson in any form of martial art, under any name (real or fictitious) without first obtaining the necessary written permission, credentials, certifications and authorizations from the WHRDA to do so.
Documents include but are not limited to a valid Degree Certificate, a valid Instructor certificate and written authorizations from the WHRDA to instruct.
B. When Member obtains the necessary documents and authorizations to teach the martial art of Hwarang-do, Member shall at all times present himself/herself as an instructor of Hwarang-do and not any other type of martial art, regardless of any previous training or ranking in another martial art.
C. Member agrees to prominently display his/her certifications and authorizations at Member's teaching premises.
D. Prior to attaining an Instructor's Degree, Member agrees to train and test at the WHRDA International Headquarters.
E. The WHRDA reserves the right to retract Member's authorizations and certifications to instruct at any time , although this retraction shall in no way alter or affect any other portion of this agreement.
F. If Member operates under any circumstances as an instructor, advisor, consultant or serves in any other capacity as an authority in any martial art (real or fictitious) without current and validated written authorization from the WHRDA , Member agrees to forfeit all profits from said instruction and/or operations to WHRDA and shall cease all such instruction and operation upon demand of WHRDA. Furthermore, if WHRDA deems it necessary to procure the services of an attorney (s) to obtain compliance with a demand to cease instruction and/or operations and/or an accounting of finances involved, Member agrees to be liable hereunder for all attorney's fees and other legal costs incurred by WHRDA .
G. Member shall not engage in any instructional services to any organized group (i.e.-Governmental, military, Law Enforcement, Corporations, Companies or other organizations). Such services shall be done only by agreements or contracts directly between the group in question and WHRDA, with the Member working as an authorized agent of the WHRDA. In order to serve as an authorized agent, Member agrees to obtain written permission to serve in such capacity from the WHRDA , with any monetary disbursement to be arranged in that contract or agreement granting such permission.
H. Member agrees to continue his/her personal training to upgrade his/her abilities on a regular basis with a minimum of 50 hours of increased instruction per year. This training is to be completed at WHRDA International Headquarters (or at an approved location authorized in writing by the WHRDA) .
I. The WHRDA agrees to assist Member in his/her training to further enhance and update Member's abilities in the form of periodic seminars, classes and information dissemination. The WHRDA also agrees to assist Member in their quest to instruct others in Hwarang-do by supplying Member with periodic instruction in methods of instruction that the Member is encouraged to participate in.
2. OPENING SCHOOLS (or other teaching premises)
A. Member will open a ( school, club, branch, institute, clinic, seminar, studio or course of instruction-hereinafter referred to as School) only after receiving all the necessary current and validated written credentials and authorizations to serve as an instructor and after obtaining all necessary current and validated written credentials and authorizations to open a School.
B. Member agrees to have the name of said School prominently displayed as the World Hwarang-do Association (location) School with the location name designated by WHRDA.
C. Member will have all official certificates, credentials and authorizations prominently displayed in the office of said School.
D. Member agrees to train and to test at the WHRDA International Headquarters prior to opening a School.
E. Member agrees to enroll in and successfully complete a course in business management approved by WHRDA prior to opening a School (this requirement may be waived in certain instances -written permission from WHRDA is necessary) .
F. Member agrees to assume sole and total responsibility for meeting all maintenance fees, rents, loans, insurance, and all financial and legal obligations concerning the opening and operation of any School and hereby agrees not to hold the WHRDA responsible for any such matters, including any subsequent actions, claims or suits.
G. Member agrees to allow the WHRDA to examine, through its appointed agent, Member's financial records, School records ,and any other records relating to the operation of the School, at any time. Member further agrees to submit monthly financial records, School records as supplied by the WHRDA by the 5th of every month.
H. Member agrees to maintain regular correspondence with WHRDA
I. Member may test his/her students for color belt advancement through first degree black belt, (with written authorization from WHRDA), although for the student to achieve Degree Certification, Member's student must train and test at WHRDA International Headquarters. Color Belt Certification must be processed through ~ the WHRDA in the manner set forth by WHRDA .
J. If Member opens a School under any name (real or fictitious) without full written authorization from the WHRDA, Member shall forfeit all profits from said instruction and operation to WHRDA and shall cease all such Schools and operation upon demand of WHRDA. Furthermore, if WHRDA deems it necessary to procure the services of an attorney(s) to obtain compliance with a demand to cease instruction and/or operation and/or an accounting of profits, Member shall be held liable hereunder for all attorney's fees and other legal costs incurred by WHRDA .
K. The WHRDA agrees to assist Member in their quest to actively teach Hwarang-do by helping to promote Member's School through its periodic newsletters, published articles and/or through advice in operating said School, though the WHRDA in no way will be held financially responsible for success or failure of Member's school.
3. DEMONSTRATIONS
A. Member will demonstrate, show or display himself/herself as a practitioner of Hwarang-do only after written authorization from WHRDA and will not demonstrate, show or display himself/herself as a practitioner of any other martial art .
4. PUBLICATIONS
Hereinafter any publications, books, manuals, magazines, news articles, news letters, periodicals, photographs, video ~ recordings, films, movies, audio recordings, training films, records, cassettes, cd's, tapes, illustrations, artwork and any printed matter concerning the martial arts and Oriental healing arts shall be referred to as WORKS.
A. Member agrees that prior to writing, creating, producing, or fabrication of any such WORKS, Member will receive advance written consent and authorization from the WHRDA to do so.
B. Member agrees to present these WORKS in rough draft form and again in the finalized form to WHRDA for their written approval prior to any release of such works.
C. Member consents to willingly and without reservation alter or change any aspect of said WORKS as requested by WHRDA
D. In the event that Member authors, creates, produces, publishes, acts in, or receives any financial compensations from the above mentioned WORKS, Member agrees to pay twenty-five percent (25%) of all Member's net receipts from initial and subsequent sales, advancements and royalties to the WHRDA.
E. All copyrights and patents of such WORKS shall be held in the name of the WHRDA. Member and WHRDA agree that they will cooperate in all respects necessary to the protection and maintenance of copyrights and patents.
F. The WHRDA will receive a reasonable number of copies of all such works at Member's costs and retains the right to deal with the publishing firm, film company, recording studio, or similar firms in conjunction with or on behalf of Member.
G. The WHRDA agrees to assist Member in arriving at story ~ ideas, editing, giving technical advice, historical; accuracy, choreographing projects, and in any manner at its disposal to assist Member in Members' undertaking of any WORKS. The WHRDA will also advertise said works to its members.
5. FINANCES
All monies shall be payable in U.S. Currency,-(Money Order or Cashiers Checks)
A. Member will pay the WHRDA the annual membership fee as set forth below:
B. If Member opens a School (definition found in 2A of this contract) ,
1. Member will pay to the WHRDA the annual school/dojang or branch/club fee as set forth below:
2. Member will pay ten percent (10%) of net profits realized to the WHRDA by the 5th of each month.
3. Member will have Member's students send their annual membership dues to WHRDA I.H. (via Money orders or Cashiers checks)
4. a) If Member locates his/her school within a 250 mile radius of the WHRDA I.H., Member will send all testing fees (as set forth below) to WHRDA Those schools located outside a 250 mile radius will send fifty % of testing fees to WHRDA
b) All Black Belt testing shall be conducted at WHRDA International Headquarters ~ and testing & processing fees paid at that time.
C. Twenty five percent (25%) of all net profits from demonstrations, expositions, television broadcasts, movie rights, and any other function in which Member receives funds directly or indirectly as a result of Member's knowledge in Hwarang-do shall be paid to WHRDA The WHRDA agrees to assist Member in negotiating terms with these outside agencies or companies and agrees to assist Member in their pursuit thereof of such endeavors.
6 . INDEMNITY
A. Member shall indemnify and hold harmless WHRDA from any claim, suit, or action and any expense or damage in consequence thereof, asserted by reason of WHRDA's exercise or enjoyment of any of it's rights hereunder or by reason of any warranty or promise made by WHRDA in connection with the exercise of any such rights.
B. WHRDA shall have the right at its option, but without any obligation to do so, to defend any such claim, suit, or action by counsel of its selection and with the consent of Member to settle the same on such terms as it deems advisable.
C. In the event a final judgement is entered against WHRDA, or settlement is reached pursuant to the aforesaid claim, suit, or action, Member shall be liable for and shall pay to the WHRDA the full amount of said judgement or settlement and shall reimburse WHRDA for any and all expenses incurred, including attorney fees.
7. ACCIDENTS OR INJURIES
A. Member and WHRDA acknowledge that the services, instruction, and use of equipment as provided for under this; agreement entail some unavoidable risk of personal injury and harm, which is inherent to physical contact training, particularly those involving the martial arts. It is further expressly agreed that all instruction, services, consultation and use of equipment and facilities shall be undertaken by Member at Member's sole risk, and Member assumes the risk for any such injuries or damages arising out of or in any way connected with his/her use of any of the services or facilities. WHRDA shall not be held liable for any claim, demand, injury, expense, damage, action or cause of action arising out of or connected with the use of any of the services or facilities of WHRDA, including those arising from negligence on the part of WHRDA, its servants, founders, instructors, agents, employees, or members. Member for himself/herself and on behalf of himself/herself, executors, administrators, and assigns does hereby expressly forever release and discharge WHRDA, its successors or assigns, as well as the officers, directors, founders, instructors, agents, employees, and members from all such claims, demands, injuries, expenses, damage, action or cause of action. Furthermore, WHRDA is not responsible for any loss or injury to personal property of Member while on, about, or as a result of being at the School.
8. INTERPRETATIONS
A. Regardless of its place of execution, this agreement shall'- be interpreted and performance thereof construed under the laws of the State of California, United States of America.
9. BREACH OF AGREEMENT
A. Member hereby agrees that if Member violates any portion of this agreement, Member shall cease 'and close down any business or operations accrued, will pay to WHRDA for all damages incurred and sustained by WHRDA and in the case of WORKS will print at Member's expense written retractions of any actions by Member which give an incorrect or negative image of the martial art of Hwarang-do, at the sole option of the WHRDA.
10. SEVERABILITY
A. In the event that any of the provisions of this agreement, in whole or in part, (or the application of any provision to a specific situation), is held to be invalid or unenforceable by the judgement of the court of competent jurisdiction, such invalidity shall be limited to such specific provision or portion thereof (or to such a situation) ,and this agreement shall be construed and applied in such manner as minimizes such unenforceability. This agreement shall otherwise remain in full force and effect.
11. WHOLE AGREEMENT
A. This agreement contains the entire agreement between the parties. Any modifications, changes or discharges of this; agreement must be in writing and signed by an authorized agent of the WHRDA. Member agrees ton adhere to and abide by all rules, regulations and conditions of Membership concerning the WHRDA as set forth above.
By his/her signature hereunder, Member I ( )acknowledges that he/she has read and does fully understand all the covenants, conditions and promises contained in this agreement and has received a copy thereof. In Witness whereof the parties hereto have duly executed this agreement the day and year first written above.
Members signature WHRDA authorized agent sig.
"cc Guardian (if under 18 years of age)
BLACK BELT INITIATION OATH
I { ) as a black belt of Hwarang-do will uphold its honor and glory, becoming a productive individual in society and spread the name of Hwarang-do throughout the world.
I will give absolute loyalty to my country and maintain the ideals of filial piety.
I will give my loyalty and complete respect to those who have made me grow; Supreme Grandmaster Dr. Joo Bang Lee and his disciples, and never will I disobey or perform any act of disloyalty to Hwarang-do, Grandmaster, and Master Instructors.
I will work for the sake of the dojang and pay respect to my older brothers and sisters, and also give love and guide my younger brothers and sisters in the ways of the Hwarang.
I will embody justice into society to become a man/woman of high moral repute and never violate the laws of the land.
As I { ) receive the Black Belt Degree in Hwarang-do, I make this solemn oath in the presence of all attending witnesses to obey, honor, and uphold this oath to my last breath.
~;~,.
Signature: Date:
THINK BEFORE YOU SIGN!
I recommend careful consideration before signing this or any other version of a contract from the WHRDA. This contract suffers from several legal flaws which you might have a lawyer examine:
1.
The WHRDA Contract is a violation of the California Business and Professions Code S 16600 in that it restrains free trade, and; Except as provided in this chapter, every contract where someone is restrained from engaging in lawful profession, trade, or business of any kind is to that extend void. see also: Robinson v. Jardine Insurance Brokers Intern. Ltd., (N.D. Cal. 1994) 856 F.Supp. 554.)
2.
The terms regarding the contract are vague and indefinite.
3.
The terms of the contract are unconscionable. The contract states that as " Member's condition of training in the martial arts of Hwarang-do", but this is not given to initiates or White Belts before they spend hundreds of dollars and years of training; it is presented to them in the back room on the day of their Black Belt Test and told if they don't sign it, they don't test.
4.
Whether they teach or learned other martial arts, Members are obligated financially to the Association for the indefinite future.
(source: [www.hwarang.org])
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