Filipino Martial Arts Training Participation Waiver

1.0 Rights of the Consumer

1. INTERPRETATION

"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 Applicant, hereby agree to be bound by the terms of this Contract with the Eskrima Academy 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, 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 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 upon on request.

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 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 (insert head instructor), 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.

(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 the Eskrima Academy 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 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 rules of the Code of Conduct may result in my expulsion from the Eskrima 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 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.

(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) Acknowledgement

I, the Applicant, acknowledge that I have had adequate time to read and review this Contract and sign this Contract without duress.

SCHEDULE 1

In addition to Eskrima Academy, "the providers" in respect of this agreement include the staff, instructors, and venue providers, including but not limited to:

(i) The Principal and Administrative Staff of Mayfield West Demonstration School;

(ii) The NSW Department of Education;

(iii) The Kalisadors Club trading as Eskrima Academy;

(iv) Masters, Instructors, Assistant Instructors, and Authorised Agents of the Eskrima Academy;

(v) Robert J. L. Parkes, Rebekah J. Parkes, Christopher J. Baird, and William C. Bernas.

2.0 Understanding of 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 am aware of my obligations for martial arts weapon use and ownership under appropriate State and Federal legislation. If training with the Eskrima Academy in New South Wales, this includes:

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.

3.0 Medical Conditions

I warrant that I am in good health and appropriate mental and physical condition to participate in the Martial Art and Sports activities undertaken by the organisation, and that I am not presently receiving treatment from any disorder or injury which would render it unsafe to take part in those activities.

I further warrant that I have provided information on any pre-existing medical condition which may affect my training; and where such a condition exists, have written medical clearance that it is safe for me to engage in martial arts training. I further declare that if I believe conditions to be unsafe I will immediately discontinue participation.

I also grant full permission for designated staff in the Organisation to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care, including transport to a medical facility as deemed necessary.

4.0 Conduct

I, the Applicant, agree that I will abide by the Academy's Code of Conduct and other policies of the organisation, and acknowledge that any failure to abide by these make result in temporary or permanent expulsion from events or the organisation.

I agree that I am in no way qualified or authorised to teach Bernas Estocadas publicly or privately in any way whatsoever on behalf of, or representing the organisation without authorisation of the organisation.

5.0 Media and Photography

I am aware that the organisation may run, or by arrangement be included in, activities or events conducted in facilities open to the public, other organisation, and the media. By taking part in these events I understand that photographs, video, and other media recordings may be taken and made publicly available by the event organisers or other parties through use of social media, streaming services, advertising material, or other distribution channels.

I grant permission for any such media recordings or streams to be made available in their original, edited, or modified format, including for sale or gain by the organisation or third parties, without remuneration or compensation.

I waive all rights to any recordings made by others without condition.

6.0 Waiver and Indemnity Agreement

Along with my executors, administrators, dependents and other personal representatives, I hereby absolve and indemnify the provider and all their servants, agents, employees and other students or persons under the providers control (the “indemnified”) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of myself, dependents or other participating persons, including first-aid and medical assistance; and I further agree that I will indemnify, save, hold harmless, any such persons in the event of any litigation expenses, fees, loss, liability, damage, or cost which may incur as the result of such claim.

I have read this agreement and fully understand its terms. I have signed it freely, either physically or digitally, without duress and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

Waiver - Adult

Waiver - Under 18

Authentic Filipino Martial Arts