Member Agreement ('Agreement') — Terms and Conditions

Information Provided to the Academy and Privacy Policy

1. The information I have provided is correct and complete, and I will inform the Academy immediately if any of it changes.
2. I accept that my information will be handled in accordance with the Academy's Privacy Policy, accessible at wingchun.edu.au/privacy.

Policies, Procedures, Rules and Regulations

3. I will abide by all Policies, Procedures, Rules and Regulations that may be stipulated and amended by the Academy from time to time and will review them for any changes during my time with the Academy.
4. I agree to cooperate with the reasonable directions and instructions of Academy employees, trainers and representatives acting in the performance of their duties.
5. I accept that I will be liable to compensate the Academy for any damage I intentionally or recklessly cause to any property or equipment owned or used by the Academy.
6. I will only use the skills taught to me in self-defence and will refrain from any behaviour that may bring the Academy's reputation into disrepute.
7. I accept that a serious breach of any term of this Agreement or the Academy's Policies, Procedures, Rules or Regulations may lead to my immediate expulsion from the Academy.

Undertaking Not to Teach or Instruct Others in Wing Chun

8. I will not attempt to instruct anyone in the martial art of Wing Chun anywhere in the world during my time with the Academy, except with the Academy's express consent.
9. I understand that the Academy's training programmes, Grading systems and sequences, and other teaching and training materials are its unique intellectual property protected by federal legislation and common law.

Absence from Training

10. I understand that I must attend at least twelve classes at the Academy per calendar year to maintain my Grade or Level ranking.

In the Event of an Emergency

11. I authorise the Academy and any of its employees, trainers, or representatives to call an ambulance for me if, at their sole and absolute discretion, they deem it necessary.
12. I agree to indemnify the Academy for all costs incurred in calling an ambulance on my behalf, including subsequent medical bills.

Martial Arts Insurance Cover

13. I understand that my Academy membership includes limited martial arts insurance coverage for participants aged 4 to 80 years old, and the Academy makes no guarantees regarding the extent or availability of this insurance coverage.
14. I understand that I should maintain my own insurance coverage in case I am not covered by the martial arts insurance coverage mentioned in clause 13.
15. I acknowledge that any injury sustained during my training must be reported to an Academy employee or trainer immediately upon occurrence of the incident.
16. I accept that I will not be eligible to submit a martial arts insurance claim if I am injured because of my negligence, reckless conduct, participation in training outside of scheduled classes, failure to participate in the warm-up in its entirety, or failure to abide by clauses 3 and 4 of this Agreement.

Child-Related Policies (Participants Under 18)

17. I understand that the Academy is a child safe organisation and that its Child Safe Policies are available at wingchun.edu.au/child-safety. The following clauses 18 to 22 inclusive shall apply where the student is under 18.
18. I have reviewed and accepted the Academy's Disciplinary Policy at wingchun.edu.au/child-safety, and understand that while enrolled at the Academy, my child must:
    • Arrive on time for class.
    • Wear the correct Academy uniform.
    • Make a reasonable effort to focus and participate in the entire class, including the warm-up and workout (if applicable).
    • Follow the reasonable instructions of staff, trainers and volunteers acting in the performance of their duties.
    • Be respectful towards staff, trainers, volunteers and fellow students.
    • Follow the Academy Rules at all times.
19. I have reviewed and accepted the Academy's Drop-Off and Pick-Up Policy at wingchun.edu.au/child-safety, and understand my responsibilities regarding my child's:
    • Appropriate and timely drop-off by a responsible adult.
    • Appropriate and timely pick-up by a parent, legal guardian or Authorised Person.
20. If someone other than my child's parent or legal guardian is to pick them up, I understand that I must nominate them as an Authorised Person by completing the Authorised Person Nomination Form linked at wingchun.edu.au/child-safety at least one week in advance.
21. I accept that Late Pick-Up Fees apply (viewable at wingchun.edu.au/child-safety and subject to change without notice) and consent to the Academy charging all applicable Late Pick-Up Fees to my account on file.
22. If my child is aged 12 or above, I consent to their independent arrival and departure from the Academy's premises, and I accept that the Academy is not responsible for their safety or welfare outside its premises or class times.

Headings, Governing Law and Severability

23. Headings and subheadings shall not form part of this Agreement and shall not be used in the interpretation or construction of this Agreement.
24. This Agreement shall be interpreted under and governed by the laws of NSW.
25. Any clause or term of this Agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Agreement shall not be affected.

Recreational Activity Risk Warning, Acknowledgement, Waiver and Release

1. Martial arts, self-defence and fitness training ('Recreational Activities') supplied by the International Wing Chun Academy (the 'Service Provider') are dangerous activities involving significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to, bruises, cuts, sprains, strains, dislocations, fractures and concussions.
2. Before participating in the Recreational Activities, you must ensure that you are aware of and understand all the risks involved and that those risks will include any particular risks associated with any health condition or pre-existing injury or disability from which you suffer.
3. By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk with full knowledge of all the risks involved.
4. If you are signing this document as the parent or legal guardian of the Participant, you acknowledge and agree that you have explained all the risks involved in the Recreational Activities to the Participant.
5. By signing this document, you acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of section 5M of the Civil Liability Act 2002 (NSW).
6. Section 139A of the Competition and Consumer Act 2010 (Cth) (the 'CCA') permits the Service Provider of the Recreational Activities and associated services to ask you to agree that certain statutory guarantees under the Australian Consumer Law (Cth) do not apply to you.
7. By signing this document, you acknowledge, agree and understand that, to the maximum extent permitted by law (including section 139A of the CCA), the Service Provider excludes all liability in connection with the supply of recreational services for:
   1. death;
   2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
   3. the contraction, aggravation or acceleration of a disease;
   4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community.
8. The Civil Liability Act 2002 (NSW) (the 'CLA') permits the Service Provider, as a supplier of recreation services, to exclude liability for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
9. By signing this document, you acknowledge, agree and understand that, to the maximum extent permitted by law (including section 5N of the CLA), the Service Provider excludes all liability for damages for any harm (including, but not limited to, personal injury or death, damage to property and economic loss, whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from the breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
10. By signing this document, to the maximum extent permitted by law, you (or the Participant, if you are signing as their parent or legal guardian) agree to waive and release the Service Provider, its servants and agents from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise.
11. By signing this document, you acknowledge, agree and understand that:
    
    1. The Service Provider will permit you (or the Participant) to participate in the Recreational Activities and provide you/them with the associated services, in part in consideration of you signing this document;
    2. The Service Provider may rely on this document in any proceedings commenced in any Court by you or your heirs, executors and assigns (or those of the Participant);
    3. The laws of New South Wales shall govern this document.
12. If you are signing this document electronically, you consent to your electronic signature being used to (1) execute this document and (2) communicate your acknowledgement, understanding and agreement in respect of it. An electronic copy of this document bearing your signature and IP address will be emailed to you for your records.

Nothing in this document excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. Except as expressly included in the terms of this document, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from the terms of this document.