KUMATAKA DOJOS MARTIAL ARTS CONTRACT
MARTIAL ARTS IS DANGEROUS
The following conditions must be read carefully:
1. Interpretation
"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.
The Applicant, hereby agree to be bound by the terms of this Contract with Kumataka Dojos 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.
(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.
(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.
(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 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 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 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.
SCHEDULE 1
In addition to Kumataka Dojos, the providers in respect of this agreement include:
(a) The Mayor, President, Councillors and Ratepayers of Bayswater, Parramatta City and Hurstville Councils. 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) St Augustine’s Anglican Church, Bayswater
(ii) Bayswater Council
(iii)Parramatta City Council
(iv)Hurstville Council
(v) Kumataka Dojos
(vi) Hurstville Dojo Inc.
(vii) Bayswater Dojo Inc.
(viii) Epping RSL Youth Club
(ix) Hornsby Shire Council
(x) Epping School of the Arts Hall
(xi) Thomas Crooks
(xii) Andrew Brown
(xiii) Peter Williams
(xiv) Gabriel Dayeh
(xv) Wojtek Bagadzinski
(xvi) ISJJK (International Sosuishi-ryu Jujutsu Kai)
(xvii) SJJK (Sosuishi-ryu Jujutsu Kai)
(xviii) Shitama Manzo
(xix) Shitama Shusaku
(xx) Dennis Fink
(xxi) Kazuyoshi Uemura
(xxii) Sekiryu-kan Corporation
(xxiii) The Anglican Church Perth Diocese
(xxiv) The Anglican Church of Australia
(xxv)Andrew Mead
(xxvi) Ross Oates
(xxvii) Ranil Karunarathne
(xxviii) Doug Matthews
(xxix) Epping RSL and sub-branch
