TERMS AND CONDITIONS
a) Club Fees
The Applicant will pay on demand the prescribed or stated fees for the service. Such fees will be notified to the applicant by invoice sent by email.
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 Non Contact Boxing.
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 Non Contact Boxing 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 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 Non Contact Boxing or in connection with Non Contact Boxing or in any way caused by, or arising out of, any activity carried on by the indemnified.
f) Non Contact Boxing done at Applicant’s own risk
Any person training in Non Contact Boxing, or in activities connected with Non Contact Boxing or participating in any activity carried on by this Club are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
Performance of the provider’s obligations under the contract may be effected by any one or more of the providers either jointly or severally.
h) 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 exclusive jurisdiction to entertain any action in respect of any such agreement.