2. ACCEPTANCE
I, the Applicant, hereby agree to be bound by the terms of this Contract with the Eskrima Academy and the persons named and described in Section 1 above, 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:
(a) 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 letter or memorandum or by notice displayed in the provider's premises or premises occupied by the provider or verbally, or on the provider's website.
(b) Medical Conditions
The Applicant warrants that that they are in good health and appropriate mental and physical condition to participate in Martial Arts, and 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 warrants that they have provided information on any and all pre-existing physical, medical, and mental health conditions; and where conditions have been identified and listed, have clearance from a medical professional that it is safe for them to train in martial arts (and that it is safe for those they are training with). The Applicant understands that such clearance must be provided to an Instructor before training can commence, and any update of such advice must be provided upon request.
The Applicant declares that if they believe conditions to be unsafe they will immediately discontinue participation.
The Applicant grants full permission for the Providers to administer any first aid deemed necessary, and in case of serious illness or injury, gives permission to call for medical and or surgical care, including transport to a medical facility as deemed necessary.
(c) 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.
(d) 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.
PLEASE NOTE THE FOLLOWING:
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.
(e) 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 the Eskrima Academy are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
I, the applicant, have been advised and understand that I am engaging in a Martial art which involves the use of rattan and hardwood sticks, wooden and steel swords, and other real and training weapons.
I Understand that:
- Bernas Estocadas and other forms of Arnis and Eskrima, are Filipino Martial Arts (FMA) that are a full-contact combat activity and may involve risk and dangers of bodily harm, serious injury, and temporary or permanent incapacity.
- Any person training or competing in events by arrangement of this organisation, including any workshops, tournaments, demonstrations, or other activities, does so on the understanding that they do so entirely at their own risk.
- These risks include the use of steel, timber, rattan, and other training weapons and unarmed techniques which may impact on the head and other parts of the body during training.
- I understand that the cause of risks may be my own actions/inactions, or those of other participants.
- I shall undertake to comply with the MAIA Risk Management Policy and Standards adopted as the academy's safety standards and procedures whenever participating in academy classes or events.
- I accept all risks and responsibility for losses, damages, and other costs which I may incur as a result of my participation in Martial Arts and training activities. I understand that other risks and/or losses, social and economic, may occur which may not be known to me at this time.
(f) Legal Obligations with regard to Martial Arts Weapons
I am aware of my obligations with regard to martial arts weapon use and ownership under NSW State and Australian Federal legislation, that includes:
(g) Martial Arts not to be taught by Applicant
The Applicant agrees that he/she is in no way qualified or authorized to teach the Bernas Estocadas system of Filipino Martial Arts publically or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Grandmaster William Bernas (founder of the Bernas Estocadas system), Master Robert Parkes (Chief Instructor of the Eskrima Academy), and/or a certified Instructor of the Bernas Estocadas system.
(h) Agreement to abide by the Academy Rules
I, the Applicant, agree that I will abide by the Eskrima Academy Code of Conduct and agree and acknowledge that any failure to abide by club policies including the rules of the Code of Conduct may result in my expulsion from the Eskrima Academy.
(i) 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 arising for injury or damage (including but not limited to the Applicants' person, whether fatal or otherwise) 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.
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 the Eskrima Academy at risk to myself and release to full extent permitted by law Master Robert Parkes, The Eskrima Academy, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or injury or death to myself while undertaking training in martial arts with the Eskrima Academy.
(j) Providers
Performance of the provider's obligations under the contract may be effected by any one or more of the providers, outlined in Section 1 above, either jointly or severally.
(k) Governing Law
Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of New South Wales and the Courts of New South Wales, Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
(l) 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.
(m) Acknowledgment
I, the Applicant, acknowledge that I have had adequate time to read and review this Contract and sign this Contract without duress.
3. MEDIA AND PHOTOGRAPHY
I am aware that the providers may run, or by arrangement be included in, activities or events conducted in facilities open to the public, other organisations, and the media. By taking part in these events I understand that photographs, video, and other media recordings may be taken in which I am featured, and that my image may subsequently appear in promotional or instructional materials distributed via social media, streaming services, print material, or other distribution channels.
I recognise that any such media recordings or streams may be made available in their original, edited, or modified format, including for sale or gain by the organisation or third parties, and remain the intellectual property of the providers, and the authorised photographers or videographers, and that I will not receive any monetary remuneration or royalties for the use of my image.
I recognise the impossibility of being easily removed from photos or videos captured during a group event such as an Eskrima class, and subsequently grant the Eskrima Academy the right to use any photos or videos captured in which I am featured exclusively for the purpose of the positive promotion of the Eskrima Academy or the Filipino Martial Arts in advertising, marketing, branding, or other promotional materials on YouTube, Facebook, Instagram, and other social media platforms; or commercial and non-commercial instructional materials produced for the education of members of the Eskrima Academy and Filipino Martial Arts community.