STUDENT CONTRACT
 RIGHTS AND RESPONSIBILITIES

The following conditions must be read carefully:

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 1. Interpretation

1.1. "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, hereby agree to be bound by the terms of this Contract with New England Martial Arts Academy, as affiliate school of Mid Coast Martial Arts Academy and the persons named and described in Schedule 1, herein after 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 which 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.  The Guyra Martial Arts Academy reserves the right to dismiss any student, at any time, for misconduct or actions that may convey a bad image to this Dojo or the Mid Coast Martial Arts Academy.

 

(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.

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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:

1. the re-supply of the Martial Arts instruction and related activities; or

2. the payment of the cost of having the Martial Arts and related activities supplied again.

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(e)          Waiver and Indemnity

I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous and acknowledge that Martial Arts is a contact activity and I participate at my own risk, I further acknowledge that New England Martial Arts Academy is not responsible for any injury suffered by me while undertaking of Martial Arts Lessons. 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 any way caused by, or arising out of, any activity carried on by the indemnified.

 

I, the Applicant, agree to occupy and use the premises of New England Martial Arts Academy at risk to myself and release to full extent permitted by law Sensei Anthony Rummery, New England Martial Arts Academy, 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 New England Martial Arts 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 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 authorised to teach Ken Sei Shoto-Ryu Karate or Toushi Ryukyu Kobudo martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Kyoshi Michael Fardell.

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The Applicant agrees that he/she is in no way qualified or authorised to teach any other service provided by New England Martial Arts Academy publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of Sensei Anthony Rummery. 

 

(h)          Agreement to abide by the Academy Rules

I, the Applicant, agree that I will abide by the New England Martial Arts Academy 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 affected 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 Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement.

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(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

 

SCHEDULE 1

In addition to New England Martial Arts Academy, the providers in respect of this agreement include :

(a) The President, Councillors and Ratepayers of Armidale Regional Council. If a Council Hall is being hired or if not the principal representatives of the venue being hired

(b) The staff, Instructors, Venue providers, including but not limited to :

(i)           Mid Coast Martial Arts Academy, Guyra Martial Arts Academy

(ii)         Armidale Regional Council

(iii)        Ken Sei Shoto-Ryu Karate-Toushi Ryukyu Kobudo

 

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