"The applicant" means the individual who signs this contract and agrees to be bound by its terms, or a guardian of that individual if the individual is under 18 years of age.
"The providers" refers to the clubs, organisations, and persons named and described in Schedule 1.
The Providers in respect of this agreement include:
(a) The Kalisadors Club, trading as Kali Newcastle, and the Kali Newcastle Filipino Martial Arts Academy; and its Instructors, Assistant Instructors, Agents, Servants, and Employees;
(b) Capoeira Aruanda, trading as Capoeira Aruanda Team Novoflow; and its Instructors, Assistant Instructors, Agents, Servants, and Employees;
(c) Novo Flow Studio, Academy or Community; and its Instructors, Assistant Instructors, Agents, Servants, and Employees;
(c) The premise owners or leasors, managers, representatives, or agents of any venue being hired by the club;
(D) The staff, instructors, assistant instructors, and venue providers, including but not limited to: Robert Parkes, Rebekah Parkes, and Chris Baird.
The Providers agree to permit me to use their premises and facilities for Martial Arts, and to instruct me in Martial Arts and related activities ("the service") upon and subject to the following terms and conditions:
(a) Club Fees
The Applicant will pay on demand the prescribed or stated fees for the service. Such fees, or a change in fees, may be notified to the Applicant by letter or memorandum or by notice displayed in the premises occupied by the Provider or verbally, or on the Provider's website.
(b) 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 they have provided information on any and all pre-existing medical conditions; and where conditions have been identified and listed, have clearance from a medical practitioner that it is safe for them to train in martial arts. The Applicant understans that such clearance must be available to an Instructor on request.
(c) Agreement to abide by the Club Rules
I, the Applicant, agree to abide by the Club's 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 Club.
(d) 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; or have provided details to the Providers.
(e) Martial Arts not to be taught by Applicant
The Applicant agrees that he or she is in no way qualified or authorized to teach Martial Arts in public or private, in any way whatsoever for personal, monetary or any form of gain, unless they have the written authorization of an accredited Instructor.
(f) Rights of a Consumer
If the ‘Competition and Consumer Act 2010’ or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operate 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. If the ‘Competition and Consumer Act 2010’ or similar state laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the offerer for breach of those warranties is limited to: (i) the re-supply of the Martial Arts instruction and related activities; or (ii) the payment of the cost of having the Martial Arts and related activities supplied again.
(g) Martial Arts are Dangerous
I, the Applicant, have been advised and understand that the practice of Martial Arts is dangerous, and that any person training Martial Arts, or in activities connected with Martial Arts does so on the distinct understanding that it is entirely at their own risk.
(f) Waiver and Indemnity In all other cases and except where inconsistent with the above, on behalf of myself, my executors, administrators, dependents and other personal representatives, I, the Applicant, hereby absolve, release and indemnify to the full extent permitted by law, the Providers, including all their instructors, servants, agents, employees and other students or persons under the club’s control (the "indemnified") from all liability howsoever arising for injury or damage (including but not limited to my 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 Martial Arts or in anyway caused by, or arising out of, any activity carried on by the indemnified.
(h) Declaration of Understanding and AgreementI, the Applicant, have read, or have had read to me the above conditions, and having understood the same, consent to the Contract as proposed. I acknowledge that I have had adequate time to read and review this Contract and sign this Contract without duress.