Welcome to Astra

ASTRA MARTIAL ARTS
Martial Arts Contract 

Martial Arts is dangerous. The following conditions must be read carefully:

1.             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.

2.             Acceptance

  I, (the applicant) 

{name} of  {address}

  I, (the parent/guardian of the applicant)

{contact_name} of  {address}

hereby agree to be bound by the terms of this Contract with Astra Martial Arts 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:

(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.

 (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 that 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.

(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)           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 howsoever arising for injury or damage (including but not limited to the Applicants' 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.

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 Astra Martial Arts at risk to myself and release to full extent permitted by law Kerstin Oberprieler, Astra Martial Arts, 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 Astra Martial Arts Studio.

(f)            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 Company are only allowed to do so on the distinct understanding that they do so entirely at their own risk. 

(g)        Martial Arts not to be taught by Applicant The Applicant agrees that he/she is in no way qualified or authorized to teach martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Astra Martial Arts.

(h)        Agreement to abide by the Studio Rules I, the Applicant, agree that I will abide by the Astra 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.

(i)            Acceptance Performance of the provider's obligations under the contract may be effected by any one or more of the providers either jointly or severally.

(j)             Governing Law Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Australian Capital Territory and the Courts of Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement.

(k)           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

(l)   Acknowledgment The Applicant acknowledges that he/she has had adequate time to read and review this Contract and signs this Contract without duress.

(m)         Seminars and Guest Instructors: From time to time Astra Martial Arts will bring in guest Instructors to provide their services. Any claim that arises as a result of an act or failure to act by such a Guest will be brought against and will be the responsibility of the Guest Instructor and not Astra Martial Arts (regardless of whether payment has been made to the Guest). Therefore, you release Astra Martial Arts from any claim suffered by you as a result of an act or omission by a Guest Instructor engaged by Astra Martial Arts. We will assist to resolve the conflict or issues with the Guest, where possible

Signed (Applicant or parent/guardian if applicant is under 18)  

 Date signed {sign_date} 

I {name} authorise Astra Martial Arts to take or use photographs, video, or other digital media (“photo”) of me (and/or my property) and to use these in any and all media worldwide including online, now or hereafter known.

I authorise Astra Martial Arts to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose without payment or other consideration.

I understand and agree that all photos will become the property of the Astra Martial Arts and will not be returned.

(If you do not wish for photographs, video, or other digital media (“photo”) of your child/children or yourself to be published through our various media points, you can opt-out by sending an email astra.martialarts@gmail.com  with your name and a clear statement that you wish to opt-out. Photos may be used until Astra Martial Arts has received the opt-out request in writing.)

{sign_date}