This Agreement is between the Participant and Carolynn Ding Coaching and Tohkon Ryu Jujitsu (the Parties).
The Activities run by Carolynn Ding Coaching and Tohkon Ryu Jujitsu are martial arts classes and Participants understand that this is a contact sport, which may result in jury.
PARTICIPANT DECLARATION
1. In this Participant declaration: Agreement means the terms of the agreement between the Parties, contained within this document. Parties means the Participants and Carolynn Ding Coaching and Tohkon Ryu Jujitsu. Organisers mean Carolynn Ding Coaching and Tohkon Ryu Jujitsu. Activities relates to the program being offered by this service, specifically martial arts classes and training.
2. Participating in the Activities can be inherently dangerous. Each Participant acknowledges and understands the nature and requirements of the Activities and that the Activities involve contact, physical exertion and physical risk and could result in the Participant's (or another party's) death, physical injury, mental injury or other impairment.
3. Each Participant understands that the Participant may at any time refuse to take part in any Activities.
4. Each Participant understands that they must not participate in any of the Activities if the Participant has any injury, disability, medical or health condition that may increase the risk of injury.
5. Each Participant declares that they are medically and physically fit and able to participate in the Activities and will immediately notify the Organisers of any change to the Participant's fitness and ability to participate.
6. The Participant understands and accepts that the Organisers will continue to rely on this declaration as evidence of the Participant's fitness and ability to participate in the Activities.
7. Each Participant warrants to the Organisers that the Participant has informed the Organiser in writing of the existence of any medical condition or impairment that may affect the Participant's ability to safely take part in the Activities.
8. Each Participant acknowledges and agrees that the Organisers, its employees, agents or contractors will not be responsible for (and each Participant forever releases the Organisers from, hold them harmless and waives all rights in respect of) any loss or damage caused to the participant or any other party in connection with the Activities in the nature of: a. death or physical or mental injury; b. the contraction, aggravation or acceleration of a disease; or c. the coming into existence, aggravation acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful to the Participant or the community or may result in harm or disadvantage to the Participant or the community, except where that loss or damage is caused by the reckless conduct of the Organisers.
9. For the avoidance of doubt, the Organisers and its employees, agents and contractors will not be liable for any loss or damage of a kind described in clauses 8(a) to (c) above which is caused by their negligent conduct, unless that conduct is also reckless conduct.
10.For the purpose of this Agreement, conduct is "reckless conduct" if the Organisers and its employees, agents and contractors are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and the Organisers and its employees, agents and contractors engaged in the conduct despite the risk and without adequate justification.
11.Where the Organisers provide equipment for the use of the Participant or others taking part in Activities, each Participant agrees that the Organisers will not be liable to the Participant for any loss or damage caused by the use or misuse of that equipment.
12.The Participant consents to have photographs or visual images taken of the Participant by the Organisers of the Participant's participation in the Activities. The Participant consents to any image, likeness and performance content to be used for general promotion of the Organiser's Activities on any form of media.
13.The Participant declares that the Participant does not have any COVID-19 symptoms and has not been in any declared hotspots or been at an exposure venue during the identified dates and times within the 14 days prior to the participation in the Activities.
14.Each Participant indemnifies the Organisers and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by the Organisers as a result of the Participant taking part in the Activities, except to the extent that the Organisers are liable for that loss or damage under this Agreement.
15. Nothing in this Agreement is intended to exclude or limit a Participant's rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly. By signing this Agreement, the Participant agrees to all provisions contained within the Agreement.
By signing this Agreement, {name} agrees to all provisions contained within the Agreement.
Where the Participant is under 18 years of age this form must be signed by the Participant's parent or legal guardian. I, am the parent or legal guardian of the Participant. I authorise and consent to the Participant participating in the Activities. I expressly agree to be responsible for the Participant's behaviour and agree to personally accept, in my capacity as parent or legal guardian, the terms set out in the participation declaration, including the provision by me of a release and indemnity in the terms set out above.
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