WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
Aspire MMA Pty Ltd
THIS AGREEMENT MUST BE SIGNED BY ALL PERSONS WHO WISH TO PARTICIPATE IN ANY CLASS, EVENT, OR ACTIVITY WITH ASPIRE MMA PTY LTD.
In consideration of being allowed to participate in any way in the classes, events, and/or activities of Aspire MMA Pty Ltd (Aspire MMA), I, the Participant:
1. Acknowledgment of Risks
I understand and accept that martial arts training involves physical contact and is inherently dangerous. I acknowledge that participation may result in serious injury, including permanent disability, death, or property damage. I understand that such risks may arise from my own actions, the actions or negligence of others, the conditions of the premises, the use or misuse of equipment, or other factors beyond the reasonable control of Aspire MMA. I recognise that there may be additional risks that are not currently known or foreseeable.
2. Inspection of Facilities and Equipment
I agree to inspect the facilities, equipment, and pairings before participating in any activity. If I identify any unsafe conditions or circumstances beyond my capability, I will immediately inform an instructor and refrain from participation until the issue is resolved.
3. Assumption of Risks
I voluntarily assume all risks associated with participation, including injury, disability, or death, and accept full responsibility for any damage or loss incurred.
4 .Physical Condition and Medical Treatment
I certify that I am in good physical and mental condition and have no medical conditions, disabilities, or injuries that would impair my ability to participate in martial arts activities. I confirm that I have not been advised by a medical professional to avoid physical activities or martial arts training. In the event of an injury, I authorise Aspire MMA, its staff, or emergency medical personnel to provide medical assistance or treatment, understanding that I am responsible for any associated costs.
5. Release and Waiver of Liability
I release, waive, and discharge Aspire MMA, its officers, employees, instructors, agents, contractors, volunteers, and associated entities from any and all liability, claims, demands, or damages arising out of or connected to my participation in its activities. This includes any claims resulting from negligence, breach of contract, or breach of statutory duty. This release applies to Aspire MMA's directors, staff, sponsors, property owners, or lessors where activities are conducted.
6. Indemnity
I agree to indemnify and hold harmless Aspire MMA and its representatives from any claims, liabilities, or expenses (including legal fees) that arise from my participation in Aspire MMA’s activities.
7. Governing Law
This agreement is governed by the laws of NSW and the Australian common law system, and any disputes will be resolved in the courts of that jurisdiction.
8. Understanding and Agreement
I confirm that I have read and fully understand this waiver, release, and assumption of risk. I acknowledge that I am signing this agreement freely, voluntarily, and without inducement or coercion. I understand that by signing this document, I am waiving substantial legal rights, including the right to sue Aspire MMA or its representatives.
I hereby grant permission to Aspire MMA and its representatives, including but not limited to employees, agents, and volunteers, to take and use photographs and/or video footage of me and/or my child(ren) named below for use in promotional materials, marketing campaigns, and social media platforms per the terms of agreement below:
I understand that the photographs and/or video footage may be used in various media formats, including but not limited to print, online, and social media.
I acknowledge that Aspire MMA owns all rights to the photographs and video footage and that they may use, reproduce, distribute, and display the photographs and video footage without restriction. I waive any right to inspect or approve the final product in which the photographs and video footage may appear.
I release and discharge Aspire MMA from any and all claims, demands, or causes of action that I may have against Aspire MMA relating to the use of the photographs and video footage, including any claims for defamation, invasion of privacy, or infringement of publicity rights.
I understand that this release is binding and that I am granting permission voluntarily, without coercion, and without compensation.