Trial Participation Terms and Risk Acknowledgement
Mozhdeh Martial Arts and Fitness Pty Ltd | ABN 22 666 816 208
61 to 69 Dohertys Road, Altona North VIC 3025 | info@mozhdehmartialarts.club | 0468 932 898
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Please read these terms carefully before accepting them. They apply to each trial class arranged through the related trial enquiry. Martial arts and fitness training involve physical exertion, contact and a risk of injury. A participant must not take part unless these terms have been accepted by the participant or, if the participant is under 18, by their parent or legal guardian.
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Defined term      Meaning
Club               Mozhdeh Martial Arts & Fitness Pty Ltd and its authorised directors, employees, instructors, assistant instructors and volunteers when                     acting for the Club.
Participant        The person named in the trial enquiry who will take part in the Trial Activities.
Guardian          A parent or legal guardian who has authority to make decisions for a Participant under 18.
Trial Activities     Any complimentary or paid trial class arranged through the enquiry, including warm-ups, conditioning, stretching, drills, pad work,                         controlled contact, sparring where expressly authorised, self-defence exercises, board breaking where expressly authorised,                              demonstrations, use of training equipment and movement within the training venue.
Trial Period        The period beginning when these terms are accepted and ending on the earliest of: completion of the last trial class arranged through                     the enquiry; the Participant becoming a member under separate membership terms; written withdrawal from the trial; or 30 days after                    acceptance.
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1Â Agreement and authority
By accepting these terms, the person accepting confirms that they are either the adult Participant or the Participant's Guardian. A Guardian confirms that they have legal authority to consent to the Participant taking part and to accept these terms for the purposes of arranging the trial.
Acceptance applies only to the Trial Activities during the Trial Period. Any continuing membership, competition participation, travel, grading, camp or other program may require separate terms and consent.
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2Â Voluntary participation and physical contact
Participation is voluntary. The Participant understands that martial arts training involves close physical proximity and may involve controlled contact with instructors or other participants. The Participant consents to physical contact that is reasonably required to teach, demonstrate, correct or safely perform a technique, subject to the Participant's right to stop an activity or raise a concern at any time.
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3Â Health information and fitness to participate
The adult Participant or Guardian must give the Club complete and accurate information about any condition, injury, disability, allergy, medication or other circumstance that could reasonably affect safe participation or emergency care. Relevant matters may include asthma, epilepsy, diabetes, heart or breathing conditions, severe allergies, recent concussion, musculoskeletal injury, pregnancy, or medical advice limiting exercise.
The adult Participant or Guardian confirms that, to their knowledge, the Participant is able to undertake the Trial Activities subject to the information disclosed. They must tell the instructor before each class about any new or changed condition, injury, symptom or restriction. The Participant must not train while unwell, affected by alcohol or drugs, or contrary to medical advice.
Club personnel do not provide medical clearance. The Club may require medical clearance, modify an activity, or stop or refuse participation where reasonably necessary for safety. A decision to permit participation is not a medical assessment or a guarantee that participation is safe for the Participant.
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4Â Acknowledgement of risks
The adult Participant or Guardian understands that the Trial Activities carry inherent and other risks even when reasonable care is taken. Risks may arise from physical exertion, rapid movement, kicking and striking drills, contact with people or equipment, falls, loss of balance, accidental collisions, the actions of other participants, equipment failure, the training surface, or an undisclosed or pre-existing medical condition.
Possible harm includes bruising, cuts, sprains, strains, fractures, dental or eye injury, concussion, aggravation of an existing condition, serious permanent injury and, in rare cases, death. The Participant voluntarily accepts the ordinary and inherent risks of the Trial Activities, subject to the rights and limits that cannot lawfully be excluded.
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5Â Safety requirements
The Participant must follow all reasonable instructions, class rules and safety directions; use required protective equipment correctly; train only at the level and in the activities authorised by the instructor; stop immediately if directed; and promptly report pain, dizziness, breathing difficulty, injury, unsafe conduct or damaged equipment.
The Participant must behave respectfully and must not intentionally or recklessly endanger another person. The Club may remove the Participant from an activity or end the trial where it reasonably considers this necessary for safety, welfare, conduct or compliance with Club rules.
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6Â Emergency assistance
If the Participant appears injured or unwell and the adult Participant or Guardian cannot be contacted promptly, the Club may provide or arrange reasonable first aid, contact the nominated emergency contact, call emergency services, or arrange ambulance transport. This authority is limited to what Club personnel reasonably consider necessary at the time and does not oblige them to provide treatment beyond their training.
The adult Participant or Guardian remains responsible for ambulance, medical and hospital expenses, except to the extent the Club is legally required to pay them. They authorise the Club to give emergency responders relevant health and contact information for the Participant's care.
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7Â Victorian statutory warning
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below. Â
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
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are rendered with due care and skill; and
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are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
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might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. Limitation of liability
Subject to the statutory warning in clause 7 and to the maximum extent permitted by law, the parties agree that the statutory guarantees applying to the supply of the Trial Activities are excluded, restricted or modified in relation to death or personal injury arising because the recreational services were not provided in accordance with those guarantees.
This clause does not exclude or limit liability for gross negligence, reckless disregard, fraud, intentional wrongdoing, or any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified. Nothing in these terms represents that the Participant has no legal rights.
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9Â Personal property
The Participant is responsible for personal property brought to the venue. The Club is not responsible for loss of or damage to personal property except to the extent caused by the Club's failure to take reasonable care or where liability cannot lawfully be excluded. Valuables should not be brought to training.
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10Â Privacy and health information
The Club collects the information in the trial enquiry to arrange and administer the trial, contact the Participant or Guardian, select an appropriate class, support safety, respond to incidents, meet legal and insurance obligations, and consider any later membership request. Health information is collected with the consent of the adult Participant or Guardian because it may be necessary for safe participation and emergency response.
The Club may give relevant information to instructors, authorised administrators, technology providers supporting the enquiry process, insurers, professional advisers and emergency or health services where reasonably required for these purposes or by law. The Club will take reasonable steps to protect the information and retain it only for as long as reasonably required for these purposes, legal obligations and legitimate claims management.
A person may request access to or correction of their information, or raise a privacy question, by contacting info@mozhdehmartialarts.club. Consent to marketing communications and permission to use photographs or recordings must be requested separately and are not conditions of participating in a trial.
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11Â Changes cancellation and refusal of participation
The Club may reasonably change an instructor, class time, training content or venue arrangements, or cancel a class, including for safety, staffing or operational reasons. The Club will give reasonable notice where practicable. It may refuse or end participation where the Participant is not eligible for the selected class, required information has not been provided, instructions are not followed, or participation presents a material safety or welfare concern.
If a trial fee has been paid, nothing in this clause limits any refund or other remedy required by law.
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12Â Consumer rights and interpretation
These terms operate only to the extent permitted by law. If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or, if that is not possible, severed without affecting the remaining provisions. A delay or failure by the Club to enforce a provision is not a waiver of that provision.
These terms are governed by the laws of Victoria, Australia. The courts and tribunals of Victoria have non-exclusive jurisdiction.
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13Â Electronic acceptance and records
Selecting the required acceptance checkbox and submitting the trial enquiry records agreement to these terms. The Club may retain the submitted details, acceptance status, date and time, internet protocol address where available, and the version of the terms presented as evidence of consent. Electronic acceptance has the same effect as a handwritten acceptance to the extent permitted by law.