Shihan Franks Karate Academy Karate Training and Body Development

MARTIAL ARTS CONTRACT - APPLICATION

This form is copy and paste only; Copy and paste to a word document print, complete and return to the Dojo on training evening.

Martial Arts is Dangerous
The following conditions must be read carefully:

1. 1. Interpretation:

"The Applicant" means the individual who signs this contract and agrees to be bound by its terms and includes a guardian of the individual if the individual is under 18 years of age.

2. 2. Acceptance:

I, (full name) .........................................................

Address) ...............................................................

I, (full name of Guardian)...........................................

of (residential address)..............................................

The Applicant, herby agrees to be bound by the terms of this contract with Shihan Franks Karate Academy and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as the "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 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 black-out, seizure, convulsion, fainting or dizzy spells and is not 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 had provided information or nay and all pre-existing medical conditions.

C. Exclusion of Applicant The applicant warrants that he/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 Trade Practices Act 1974 or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operates 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 trade Practices Act 1974 or similar state laws operates so as to prevent the exclusion, restriction or modification for breach of those warranties otherwise implied by those laws then the liability of the offered for breach of those warranties is limited to:
(i) the re-supply of the Martial Arts instruction and related activities.
(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, 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 Shihan Franks Karate Academy at risk to myself and release to full extent permitted by law Shihan Franks Karate Academy and its agents, servants, contactors and employees from all claims an 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 Shihan Franks Karate Academy.

F. Martial Arts undertaken at Applicants own risk

Any person training in 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 the Applicant

The Applicant agrees that he/she is in no way qualified or authorized to teach Shihan Franks Karate Academy Martial Arts publically or privately in any whatsoever for personal, monetary or any form of gain whatsoever unless with the written consent /authorisation of Shihan Frank Wilson.

H. Agreement to abide by the Academy Rules

I, the Applicant agree that I will abide by the Academy's Class Code of Conduct and agree and acknowledge that 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 NSW and the Courts of NSW shall have 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.

Signed:.........................................

This (date)........Day of (month).............20--

In the presence of (signature of witness)..................................... (This contract must be signed by a guardian if the applicant is under the age of 18)

Schedule 1

In addition to (Shihan Franks Karate Academy), the providers in respect of this agreement include:

a. The President, Councilors and ratepayers of Blacktown City Council, if a Council Hall is being hired or if not the principle representatives of the venue being hired.

b. The staff, instructors, venue providers, including but not limited to:
i. Doonside Public School
ii. Blacktown City Council
iii. Shihan Franks Karate Academy
iv. Shihan Frank Wilson.

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