Waiver

INDEMNITY WAIVER

In all other cases and except where inconsistent with the above, the student 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 Student, have been advised and understand that the practice of martial arts is
potentially dangerous. 

I, the Student, agree to occupy and use the premises of the HUNTER VALLEY JIU JITSU Academy at risk to myself and release to full extent permitted by law ERNEST LAPORNIK, The HUNTER VALLEY JIU JITSU Academy, 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 the HUNTER VALLEY JIU JITSU Academy.  

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 this Club/Academy/ Company are only allowed to do so on the distinct understanding that they do so entirely at their own risk. 

CONSUMER RIGHTS

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 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 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.