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Evolution Jujutsu Application & Contract

The following conditions must be read carefully:

1. Interpretation

"the Applicant" means the individual who signs this Application and 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. Acceptance

I, the Applicant, hereby agree to be bound by the terms of this Application and Contract with Evolution Jujutsu Pty Ltd trading as Evolution Jujutsu 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) Membership 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 including email or memorandum or by notice displayed in the provider's premises or premises occupied by the provider or verbally or on the evolutionjujutsu.com.au website.

The Applicant acknowledges that any subscription including recurring subscription you enter into through the evolutionjujutsu.com.au website requires written notice of cancellation to Evolution Jujutsu via the 'Location & Contact' link on our homepage. Or via email to office@evolutionjujutsu.com.au 14 days prior to the cancellation date.

(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. The applicant further warrants that he/she has provided information on any and all pre–existing medical conditions.

(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 Competition and Consumer Act 2010 applies to this agreement then certain terms and rights may be implied into this application and contract which operate for the benefit of the Applicant. Under the provision of that legislation, those terms and rights, and any liability of the supplier flowing from them, cannot be excluded, restricted or modified by any provision of the application and contract.

PLEASE NOTE THE FOLLOWING:

If the Competition and Consumer Act 2010 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:

(a) repair or replace the goods or part of them; or

(b) provide again or rectify the services or part of them; or

(c) wholly or partly recompense the consumer.

(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.

I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous.

I, the Applicant, agree to occupy and use the premises of Evolution Jujutsu Pty Ltd at risk to myself and release to full extent permitted by law Nicholas John Davies of Evolution Jujutsu Pty Ltd, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or damage to property or injury or death to myself while undertaking training in martial arts with Evolution Jujutsu Pty Ltd

(f) Martial Arts done at Applicant's own Risk

Any person training Martial Arts, or in activities connected with Martial Arts or participating in any activity carried on by Evolution Jujutsu Pty Ltd are only allowed to do so on the distinct understanding that they do so entirely at their own risk

(g) Martial Arts not to be taught by Applicant

The Applicant agrees that he/she is in no way qualified or authorised to teach Evolution Jujutsu martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of Evolution Jujutsu Pty Ltd

(h) Acceptance

Performance of the provider's obligations under the application and contract may be affected by any one or more of the providers either jointly or severally

(i) 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.

(j) Statement of Understanding

I, the Applicant, have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed

SCHEDULE 1

In addition to Evolution Jujutsu Pty Ltd, the providers in respect of this agreement include: (a) The President, Councillors and Ratepayers of Ku-ring-gai Shire Council. 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) Evolution Jujutsu's Lindfield premises (ii) Nicholas John Davies and all other instructors and volunteers of Evolution Jujutsu Pty Ltd and volunteer programs.

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Timestamp

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2016-10-03 14:14:36 AEST

Evolution Jujutsu Application & Contract Uploaded by Evolution Jujutsu - office@evolutionjujutsu.com.au IP 124.168.154.21