Terms and Conditions
Please Read the following conditions carefully:
“The Applicant” means the individual who signs this Contract and agrees to be bound by its terms and conditions and includes a Parent or Guardian of that individual if the individual is under 18 years of age.
The Applicant hereby agrees to be bound by the terms of this Contract with Melbourne Self-Defence Solutions Pty Ltd (KM (Krav Maga) Melbourne) and its members, 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 / self-defence instruction, to instruct me in martial arts / self-defence instruction and related activities (“The Service”) upon and subject to the following terms and conditions.
C) 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 Providers premises or as stated on the Providers website or premises occupied by the Provider or verbally.
D) 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 / self-defence.
E) Exclusion of Applicant
The Applicant warrants that he or she has not at any time been excluded from martial arts or sports by a medical practitioner or any person entity including a martial arts / self-defence club.
F) 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 applied to this Contract which operate for the benefit 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 operate so as to prevent the exclusion, restriction or modification or warranties otherwise implied by those Laws then the liability of the offerer for breach of those warranties is limited to:
- The re-supply of the martial arts / self-defence instruction and related activities, or;
- The payment of the cost of having the martial arts / self-defence and related activities supplied again
G) Waiver and Indemnity
In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependants 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 whatsoever arising for injury or damage (including but not limited to the Applicant’s person, whether fatal or otherwise, property or personal belongings) however caused including by the negligence of the Indemnified, arising out of or participating in martial arts / self-defence or in connection with martial arts / self-defence or in any way caused by, or arising out of, any activity carried on by the Indemnified.
H) Martial Arts / Self-Defence done at the Applicant’s own risk
Any person training in martial arts / self-defence or in activities connected with arts / self-defence or participating in any activity carried on by Melbourne Self-Defence Solutions Pty Ltd (KM Melbourne) are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
Performance of the Providers obligations under the Contract may be affected by any one or more the Providers 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 Victoria and the Courts of Australia shall exclusive jurisdiction to entertain any action in respect of any such agreement.
K) Pictures, audio, or visual recordings
The Applicant agrees that any pictures, audio, or visual recordings taken of him/her in connection with any activity carried on by Melbourne Self-Defence Solutions Pty Ltd (KM Melbourne) can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.