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1. Recreational Activity Acknowledgement 

I acknowledge that Brazilian Jiu-Jitsu, yoga, breath-work, fitness training, and associated activities provided by Gentle Arts Academy (“the Academy”) are recreational activities and/or recreational services within the meaning of the Competition and Consumer Act 2010 (Cth) and relevant Queensland law.

2. Assumption of Inherent Risks

I understand and acknowledge that these activities involve inherent and obvious risks, including but not limited to:

  • physical contact with other participants

  • joint locks, chokes, throws, takedowns, grappling

  • stretching, breath-work, exertion, balance challenges

  • slippery or uneven surfaces

  • accidental collisions

  • risk of sprains, strains, fractures, concussion, illness, or death

I voluntarily choose to participate, fully accepting all risks—both known and unknown—associated with these activities.

3. Exclusion of Liability Under Section 139A 

Under Section 139A of the Competition and Consumer Act 2010 (Cth), the Academy excludes, to the extent permitted by law, all liability for death or personal injury arising from failure to comply with the guarantees relating to the supply of recreational services.

This means that, except where the law does not allow, I agree that the Academy is not liable if I am injured or die due to:

  • the Academy’s failure to take reasonable care,

  • the Academy’s negligence, or

  • any other breach of guarantee relating to the recreational services provided.

This exclusion applies to the maximum extent permitted under Australian law.

4. General Release of Claims 

To the maximum extent allowed by law, I release, waive, and discharge the Academy—its owners, directors, instructors, subcontractors, employees, volunteers, and agents—from any and all claims, demands, actions, suits, damages, costs, or expenses arising from or connected with my participation whether caused by negligence or otherwise, except where such exclusion is not permitted by law.

5. Indemnity Clause 

To the fullest extent permissible, I agree to indemnify and hold the Academy harmless against any loss, claim, liability, cost, or damage arising from:

  • my participation in the activities;

  • my breach of this agreement; or

  • my negligent or reckless conduct.

This indemnity continues even after my participation stops.

6. Medical Fitness and Consent

I confirm that:

  • I am medically and physically fit to participate;

  • I will disclose any pre-existing injury or limitation before training;

  • I will not train while ill or injured;

  • I consent to first-aid or emergency medical treatment if required;

  • I accept responsibility for any medical costs incurred.

7. Safety, Conduct, and Rules

I agree to always:

  • follow instructor directions;

  • train safely and respectfully;

  • maintain personal hygiene standards (including wearing clean gi/clothing);

  • use protective equipment as required;

  • immediately report any injury or unsafe condition;

  • accept that instructors may restrict or stop my participation for safety.

Failure to comply may result in suspension or termination of membership without refund.

8. Minors (Under 18)

If signing for a minor:

  • I acknowledge the risks on the child’s behalf;

  • I understand that under Australian law, I may not be able to waive the child’s right to bring certain future claims;

  • I consent to the child participating in all activities.

9. Personal Property

I understand the Academy is not responsible for loss, theft, or damage to my personal belongings.

10. Photo/Video Release )

Unless I provide written notice opting out, I grant the Academy permission to use photographs and/or video recordings of me (or my child) for marketing and documentation purposes, without compensation.

11. Severability

If any part of this agreement is found unenforceable, the remainder continues in full force.

12. Governing Law

This agreement is governed by the laws of Queensland, Australia.

13. Acknowledgement of Understanding

I confirm that:

  • I have read and understood this agreement;

  • I am signing it freely and voluntarily;

  • I understand this is a legally binding document affecting my legal rights.

MEMBERSHIP TERMS (QLD)

A. Minimum Term

I understand that the month membership plan is a legally binding contract requiring 30 days notice to exit. 

B. Early Cancellation

If I cancel before the 30 days notice , I agree to pay an exit fee of:

  • $50 per adult, or

  • $ 50 per child

unless the Academy waives this fee under special circumstances.

C. Automatic CPI Adjustment 

Membership and casual class prices may be adjusted annually in line with the Australian Consumer Price Index (CPI). Members will receive notice before changes take effect.

D. Payment Terms

I authorise the Academy to process membership payments according to my selected plan. Missed payments may incur fees set by the payment processor.

E. Suspension 

Membership suspensions may be granted at the Academy’s discretion for travel, medical, or personal reasons. 

If I choose to suspend my account, I agree to pay an Suspension Fee of:

  • $5 per week 

Final Declaration

By signing below or ticking the digital acceptance box, I acknowledge that I have read, understood, and agree to all terms and conditions of this Liability Waiver and Membership Agreement.

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