Students Name: {name} (This contract must be signed by a guardian if the Applicant is under the age of 18yrs)
|
PLEASE NOTE THE FOLLOWING:
If the Trade Practices Act 1974 or similar state laws operate so as to prevent this exclusion, restriction or modification or warranties otherwise implied by those laws then the liability of the offer for breach of those warranties is limited to:
i) The resupply of the Marital Arts instruction and related activities; or
ii) The payment of the cost of having the Martial Arts and related activities supplied again.
|
The following conditions must be read carefully:
- Interpretation
‘the Applicant’ means the individual who signs this contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age.
- Acceptance
I,{name} (print student’s full name if over 18yrs, if under 18yrs print guardian’s full name) of
{address} (student’s residential address) the Applicant, hereby agree to be bound by the terms of this Contract with Seishin Zenryoku – Southside Marital Arts Academy and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as ‘the providers’. The providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial Arts and related activities (‘the service’) upon and subject to the following terms and conditions:
- Club Fees
The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant by tax invoice or verbally and collected by direct debit.
- Medical Conditions
The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the Applicant to take part in Martial Arts. The applicant further warrants that he/she has provided information on any and all pre-existing medical conditions.
- Exclusion of Applicant
The Applicant warrants that he or she has not at any time been excluded from Martial Arts by a medical practitioner or any person or entity including a Martial Arts Club.
- Right of a Consumer
If the Trade Practices Act 1974 or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operates for the benefit of the Applicant. Under the provision of that legislation those terms and rights and any liability of the supplier flowing from them, cannot be excluded, restricted or modified by any provision of the contract.
- Waiver and Indemnity
In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the providers and all their servants, agents, employees and other students or persons under the providers control (the ‘indemnified’) from all liability however arising for injury or damage (including but not limited to the Applicant’s person, whether fatal or otherwise, property and personal belongings) however caused including by the negligence of the indemnified, arising out of or participating in Martial Arts or in connection with Marital Arts or in anyway caused by, or arising out of, any activity carried on by the indemnified.
I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous.
I, the Applicant, agree to occupy and use the premises of Seishin Zenryoku – Southside Martial Arts Academy at risk to myself and release to full extent permitted by law Ashley Densmore, Seishin Zenryoku – Southside Martial Arts Academy, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or damage to property or injury or death to myself while undertaking training in martial arts with the Seishin Zenryoku – Southside Martial Arts Academy.
- Martial Arts done at Applicant’s own Risk
Any person training Martial Arts, or in activities connected with Martial Arts or participating in any activity carried on by this Club/Academy are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
- Martial Arts not to be taught by Applicant
The Applicant agrees that he/she is in no way qualified or authorised to teach martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with written authorisation of Seishin Zenryoku – Southside Martial Arts Academy.
- Agreement to abide by the Academy Rules
I, the Applicant, agree that I will abide by the Seishin Zenryoku – Southside Martial Arts Class Code of Conduct and agree and acknowledge that any failure to abide by rules of the Code of Conduct may result in my expulsion from the Academy.
- Acceptance
Performance of the provider’s obligations under the contract may be affected by any one or more of the providers either jointly or severally.
- Governing Law
Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Queensland and the Courts of Queensland shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
- Statement of Understanding
I, the Applicant have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed.
SCHEDULE 1
In addition to Seishin Zenryoku – Southside Martial Arts Academy, the providers in respect of this agreement include:
- The President, Councillors and Ratepayers of Brisbane city Council;
- The staff, instructors, venue providers, including but not limited to:
- Dojo located at Bryants Road, Shailer Park,
- Shane Degney, Ashley Densmore, Karen Stone, Mark Stone,
(This contract must be signed by a guardian if the Applicant is under the age of 18yrs)
