KIYOSHIN KARATE ASSOCIATON MEMBERSHIP WAIVER

 [All persons must read and accept this document before participating in club Training and Activities]

WARNING Karate training and activities can be dangerous and cause injury. Please ensure that you read and accept the following clause & conditions prior to participation of any club related activities or training. Your membership is considered null and void without accepting and adhering to the terms and conditions and this waiver.

TO: KIYOSHIN KARATE ASSOCIATION (KKA) ABN 77237728070

TERMS:- In this Waiver, Release and Indemnity I, (or legal guardian of person/s under 18 years of age) acknowledge and agree that: “I” or “Participant”means the person who signs this Waiver, Release and Indemnity against the heading ‘Participant’ below OR where the participant is under 18 years of age means the participant identified under the heading ‘Participant’s Details’ below and where the context permits also means the Participant’s Parent who signs this Waiver, Release and Indemnity.

For clarity - the status of a “Participant” may include a person ‘trying out’ KKA Training and Activities, ie: Casual Participant, a member, a lapsed or resuming member, or any other person including ‘walk-ins’ that a club Representative has agreed may participate in Training and Activities; and regardless of whether the status of the participant changes (eg a person ‘trying out’ becomes a member, this Waiver, Release and Indemnity continues to apply) “Venue” means a KKA Dojo / Hall and surrounds and any other location and surrounds where Training and Activities may occur. “My” means the Participant’s and “Me” has a corresponding meaning; “KKA" refers to KIYOSHIN KARATE ASSOCIATION (ABN 77237728070) And where context permits includes KKA Representatives; “Karate Training” means the high risk martial art of karate which involves physical contact and employs techniques including punches, kicks, strikes and blocks; “KKA Representatives” means any or all (as the context permits) of past present and future: >Committee member/s; · >Instructor/s and their delegates; and Officials appointed by KKA >Alternate Club Committee member/s or Instructor/s to assist with Training and Activities. “KKA Training and Activities” means any or all of the following: > Karate Training, drills, gradings, examinations, seminars or competitions; · any seminars or competitions organised by a martial arts association other than KKA at which members are entitled to and do participate; · > all warm up, cool down and practice activities undertaken by the Participant at a Venue before during or after any training, grading, examination, seminar or competition; > all physical and mental exercises and training (including strenuous exercises which may involve repetitive high velocity and impact movements) associated with or done as an adjunct to any Karate Training, grading, examination, seminar or competition referred to above > KKA demonstrations/promoting KKA > Fund raising for KKA Club activities Waiver, Release and Indemnity Clause:-

1. I acknowledge the inherent risks of KKA Training and Activities and the possible consequences of serious injury and even fatality. Without limiting this acknowledgement I acknowledge that injury may result due to strenuous exercise or high velocity and high impact or repetitive movement and that I may suffer harmful physical contact as a consequence of technique delivery, evasion or application of counter techniques by Me or another person.

2. In consideration of, and as a condition of KKA's acceptance of my involvement in KKA Training and Activities, I agree to participate in KKA Training and Activities entirely at My own risk. I agree that I am voluntarily participating in KKA Training and Activities and I assume all risks of injury, illness and even death. I also acknowledge that I am responsible for any loss of or damage to My personal property arising from my participating in or attendance at KKA Training and Activities.

3. I acknowledge that I may choose NOT to participate in particular KKA Training and Activities in which case it is my responsibility to refrain from participating in those particular activities. For example:- I may choose not to participate in a competition or not to participate in a particular Karate Training drill). I agree to inspect the Venue and equipment to be used for KKA Training and Activities and further agree only to participate in KKA Training and Activities if I am satisfied with the adequacy and condition of the Venue and equipment.

4. In relation to any medical condition or injury that I may have: · I acknowledge I have been requested to advise and keep KKA updated in relation to any medical condition or injury that may affect or may be affected by my participation in KKA Training and Activities. I declare that (regardless of any advice I have given or may in the future give to KKA in respect of a medical condition or injury that may affect or may be affected by my Karate Training), I am medically fit (physically and mentally) to participate in the Training and Activities of KKA. Having declared the above allows me to participate; and · I agree that the medical conditions and injuries referred to above and advised to KKA from time of club entry and declaration to time of further medical disclosure, shall not in any way limit this Waiver, Release and Indemnity.

5. I acknowledge that photographs and videos may be taken on behalf of KKA at Training and Activities from time to time and that some may be published by KKA (eg on the KKA website or social media pages) and members may be identified. I acknowledge that I have the right NOT to be in KKA photographs or videos published by KKA and that if I wish to exercise that right it is my responsibility to remove myself from areas or away from persons being photographed or videoed or if that is not possible, to advise my Instructor or relative senior member in writing immediately following being photographed or videoed that I do not want my picture published.

6. I (for myself, my heirs, executors and administrators) waive release and discharge KKA and KKA Representatives from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind that I may suffer including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in KKA Training and Activities AND I indemnify KKA and KKA Representatives against all costs, losses or damages arising from or in relation to My attendance at or participation in KKA Training and Activities. Without limiting this waiver, I waive my rights to any statutory guarantees and warranties contained in consumer and civil liability legislation relating to the supply of ‘recreational services’ or ‘recreational activities’ and agree to participate in KKA Training and Activities entirely at My own risk and exclude KKA's liability in relation to death or any personal injury that may be suffered by Me.

7. If any part of this Waiver, Release and Indemnity shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Waiver Release and Indemnity shall remain in full force and effect.

8. I acknowledge that I have carefully read and fully understand this Waiver, Release and Indemnity and I sign it voluntarily I intend my signature to be a complete and unconditional release and indemnity in favour of KKA and KKA Representatives to the greatest extent allowed by law.

9. I acknowledge that this Waiver, Release and Indemnity does not have an expiry date and shall apply at all and any times I participate in KKA Training and Activities.