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Anti-Bullying Class at Gracie Barra Kiama
We are excited to host our free class open to the community on March 22nd, Saturday at 12pm. This 1-hour session is designed for kids aged 5 and up, with no prior martial arts experience needed.
We look forward to seeing you!
Child Name
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Child Age
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Parent or Carer Name
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First
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Mobile Number
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Email
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Your city of residence
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Is the child currently a member at Gracie Barra Kiama or Gracie Barra Shellharbour?
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No
Yes
RELEASE WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
1. Highline BJJ Pty Ltd (ACN 676730368) (“we”, “us” or “our”) is a Gracie Barra brand Brazilian jiu jitsu franchisee business. We trade a business of a martial arts training school and services to its Members under the business name Gracie Barra Kiama.
2. Our Franchisor GB Oceania Association Pty Ltd (ACN 144 904 889) (“Franchisor”) trades a franchisor network business under the name GB Oceania and may use this Agreement to protect any commercial, insurance, legal or lawfully required purposes for GB Oceania, any GB School, any Franchisor Affiliate (referred to in “Clause K.c” below) and/or using or incorporating the branding of Gracie Barra in Oceania.
3. Other GB franchisees (“GB Schools”) variously operate and trade Brazilian jiu jitsu training businesses and schools trading under Trademark of Gracie Barra in Oceania.
4. Brazilian jiu jitsu (like other martial arts) is a full contact combat sport. It involves, among other things, grappling and throwing, landing on the floor, immobilisation and holding techniques (during which the entire weight of a person can be concentrated on another participant, including on the chest), choking techniques and joint lock and manipulation techniques.
5. Brazilian jiu jitsu is a sport that is learned through physical participation and practice, and frequently in a group setting. The learning and practice of Brazilian jiu jitsu in a group setting involves students practicing techniques with each other and competing or sparring (‘rolling’) with each other.
6. As in any combat sports, injuries can occur and, particularly in the case of Brazilian jiu jitsu, can involve trauma from collisions (including to the face and teeth) and joint injuries (including due to joint hyper-extension). Many people involved in Brazilian jiu jitsu seek therapy for injury or pains, such as from physiotherapists, chiropractors and massage therapists.
7. For the purposes of this Agreement, by “Martial Arts Program”, we mean any physical activity carried on in the Premises (generally focused on Brazilian jiu jitsu instruction and practice but could include techniques and practices from other martial arts), in other GB Schools, in event/temporary venues for any other event or competition (including but not limited to training, social or any sort of gathering) and/or connected with us remotely (such as using Gracie Barra’s online learning platforms). It includes (a) warm-ups and stretches, (b) the practicing of techniques as between students and/or as between our instructors, (c) competing and sparring as between students and/or as between students and our instructors; and (d) Grading tests and challenges. It includes any physical activity carried out in the Premises outside a formal class setting, in the context of birthday parties or special events, and/or in the absence of any instructor(s).
8. As a competition sport, there are bodies or organisations in Australia that promote, conduct and/or host Brazilian jiu jitsu competitions. We may invite our students to participate in such competitions, train students with a view to participation in such competitions and/or have instructors present at such competitions as our representatives. Participating in such competitions (wherever they may be) is, for the purposes of this Agreement, to be included in the definition of our Martial Arts Program. Under no circumstances do we represent that participation in such competitions is safe or that we are satisfied with the environment in which such competitions are held.
9. Brazilian jiu jitsu may not be a suitable sport or form of training for people who have certain medical conditions that might include (without limitation) heart conditions, susceptibility to internal injury or bleeding, treatment with blood thinners, anxiety disorders (or anxiety in the context of being held down), back injuries, or conditions that would make the application of choke holds particularly risky. This does not constitute medical advice. Before commencing the Martial Arts Program, each participant should obtain medical advice to determine if participation is suitable.
10. In the Premises, our training and instruction occurs on padded martial arts floor mats. We no do inspect, approve or control the environment in which any training occurs through the use of Gracie Barra remote learning videos or other media. We, similarly, do not (or not necessarily) inspect, approve or control the environment in which any external training or competitions occur, and our presence or involvement at external competitions should not be taken to provide any indication or comfort of safety.
11. In this Agreement:
1. Claim(s) means and includes all existing and future actions, rights, claims, complaints, demands, suits, proceedings, liabilities, compensation, costs (including legal costs and medical costs), damages, debts, verdicts, judgments, whether at law, or in
equity, or under any statute;
2. Employee means any (including future) director, officer, employee, agent, or instructor of ours, and includes volunteer instructors, guest instructors, judges and/or instructors who receive non-monetary benefits from us;
3. Franchisor Affiliates means GB Oceania Ambassador Program Ltd (ACN 622 630 157), GB Shop Oceania Pty Ltd (trading as GB Wear Australia) (ACN 136 582 780), GB Compnet Pty Ltd (ACN 602 349 262), Uniq Consulting Pty Ltd (ACN 098 942 717), Gracie Barra Franchise System Inc, Kinetic Data Inc (USA), Gracie Barra Digital Global Inc (USA), Gracie Barra Franchise Systems Inc (USA), Gracie Barra Global Licensing Inc (USA), Gracie Barra Events Inc (USA), Gracie Barra Jiu Jitsu Global (USA), and Gracie Barra America Inc (USA) and includes related and/or associated companies and affiliates (as they are from time-to-time) and successors of any of the foregoing, and includes but is not limited to any which that uses and/or incorporates the branding of Gracie Barra and/or is in any way involved in the support, merchandising, franchising and/or trade of the Gracie Barra brand and/or its martial arts system. Each is a “Franchisor Affiliate”.
4. Lessor means the lessor(s) of the Premises (including historical)
5. Premises means the 3b/b Brown Street, Kiama NSW
AGREEMENT: This is an important legal Agreement that affects rights you might otherwise have. You must read it carefully and understand it. Before you or your child participates in our Martial Arts Program, you may take this Agreement away and obtain legal advice before signing it and returning it to us.
By signing this form, I irrevocably acknowledge and agree as follows:
1. I am at least 18 years old.
2. Gracie Barra Kiama is relying upon this agreement:
a. As part of the consideration for allowing myself or my child or the child I am responsible for to participate in and/or have access to the Martial Arts Program; and
b. As an inducement to allowing myself or my child or the child I am responsible for to participate in and/or have access to the Martial Arts Program.
3. I understand, acknowledge and appreciate (including on behalf of myself or my child or the child I am responsible for):
a. This Agreement in its entirety, including the matters set out in the Background section to this Agreement;
b. That Gracie Barra Kiama makes no representation to me or, if different, myself or my child or the child I am responsible for to the effect that:
i. The Martial Arts Program is safe; or
ii. Other participants in the Martial Arts Program will (a) abide by rules, (b) apply techniques as directed, (c) play fairly, (d) properly respond to indications of submission, or (e) participate in a way that is mindful of risk or injury, or not negligent;
c. That Gracie Barra Kiama is not responsible for managing any additional risks associated with any medical condition known by, or disclosed to, Gracie Barra Kiama;
d. That Gracie Barra Kiama is not responsible for ascertaining and/or accounting for specific medical risks or needs;
e. That I warrant in favour of Gracie Barra Kiama that myself or my child or the child I am responsible for:
i. Has the required level of health and fitness to participate in the Martial Arts Program; and
ii. Has no health conditions or injuries that place the person at added risk of injury or danger;
f. It is a requirement of participation in the Martial Arts Program (which cannot be waived) that a mouth guard is worn. I acknowledge that Gracie Barra Kiama is not obliged to ensure compliance with the requirement and does not have a practice of doing so.
g. That participation in the Martial Arts Program carries an inherent risk of injury, including on account of any particular (including latent) health conditions. Such injuries (whether or not likely) could include: (a) physical trauma from collisions with other participants and falls, (b) joint sprains, (c) damage to ligaments, tendons and/or joints, (d) broken teeth, (e) dislocated limbs or joints, (f) unconsciousness (including from choking), (g) broken bones, (h) head trauma, (i) cardiac events, (j) the contagion of infectious (including dangerous) diseases, (k) permanent disability (including total permanent disability), (l) paralysis and (m) possibly, death;
h. That the Martial Arts Program involves close physical contact with other people, and that this could include close physical contact with people who have infectious diseases, including but not limited to the SARS CoV-2 virus that causes COVID-19, and that Gracie Barra Kiama does not warrant that a participant in the Martial Arts Program will not come into contact with a person with an infectious disease and/or contract an infectious disease;
i. That the risks associated with the Martial Arts Program include collisions with and/or the negligence of other participants;
j. That the social and economic losses and/or damages which could result from the risks, dangers, injuries and impairments
set out in this Agreement could be severe;
k. That participation in the Martial Arts Program involves a voluntary assumption of all of the risks (including associated losses, costs and damages) set out in this Agreement and/or otherwise connected with participation in the Martial Arts Program and that:
i. There may be other risks not known to Gracie Barra Kiama that are covered by this Agreement, and/or are not reasonably foreseeable at this time; and/or
ii. The risk of injury and/or eventuation of injury may be caused by an action, inaction and/or negligence of others (including Gracie Barra Kiama and/or its Employees) and/or exacerbated by events after injury (including by negligent rescue and/or treatment decisions or operations).
3. I and, if different, my child or the child I am responsible for, must not attend the Premises or otherwise at all participate in the Martial Arts Program (or any part) if I or, if different, myself or my child or the child I am responsible for:
a. Suffer from any symptoms of COVID-19;
b. Suffer from any symptoms of an infectious disease;
c. Suffer from any diagnosed infectious disease that has not been certified by a medical doctor as having been completely overcome, eradicated and no longer capable of being communicable to others; and/or
d. Am a close contact of a person diagnosed with an infectious disease (whether COVID-19 or otherwise) and have not been certified by a medical doctor as having been completely overcome, eradicated and no longer capable of being communicable to others.
i. I warrant that by me and/or myself or my child or the child I am responsible for attending the Premises, that the requirements of this clause have not been breached.
4. I warrant that I and (if different) myself or my child or the child I am responsible for will not make, bring or maintain any Claim against any of:
a. Gracie Barra Kiama;
b. Any Employee;
c. The Franchisor;
d. Each of the Franchisor Affiliates; and
e. The Lessor; or
f. Any person who might be able to cross-claim or seek indemnity or contribution from any or all of the parties above;
i. arising from or relating to any loss, damage, injury or death relating to or connected with (including participation in) the Martial Arts Program (whether that loss, damage, injury or death is suffered by me, or my child or the child I am responsible for, another participant in the Martial Arts Program or legal representative of another participant). This extends to Claims for negligence, physical and/or psychological injury, property damage, medical expenses, legal expenses, economic loss, and Claims relating to the contracting of infectious disease. This extends to claims in relation to negligent rescue operations, first aid, and emergency care.
5. I will ensure that no other person will make, bring or maintain any Claim against any of the parties referred to in this document on behalf of me or my child or the child I am responsible for arising from or relating to the subject matter above in section 6.
6. I (including on behalf of my child or the child I am responsible for) hereby (including continuingly and irrevocably) release, discharge, covenant not to sue, and hold harmless each and all of the following:
a. Gracie Barra Kiama;
b. Each Employee;
c. The Franchisor;
d. Each of the Franchisor Affiliates; and
e. The Lessor;
i. from any and all Claims arising from or relating to any loss, damage, injury or death relating to or connected with (including participation in) the Martial Arts Program (whether loss or damage suffered by me or, if different, my child or the child I am responsible for. This extends to Claims for negligence, physical and/or psychological injury, property damage, medical expenses, legal expenses, economic loss, and Claims relating to the contracting of infectious disease. This extends to Claims of in relation to negligent rescue operations, first aid, and emergency care.
7. I (including, if not me, on behalf of my child or the child I am responsible for) indemnify and keep indemnified each and all of:
a. Gracie Barra Kiama;
b. Each Employee;
c. The Franchisor;
d. Each of the Franchisor Affiliates; and
e. The Lessor from:
i. all loss, damage and cost of all kinds (including legal costs and costs of Gracie Barra Kiama defence) suffered or incurred due to and/or arising from a breach by me and/or my child or the child I am responsible for) of any term(s) of this Agreement; and/or
ii. all loss, damage and cost of all kinds (including legal costs and costs of Gracie Barra Kiama name’s defence) suffered or incurred due to and/or arising from any third-party claim relating to any loss, damage or injury suffered by me and/or my child or the child I am responsible for.
a. Where Gracie Barra Kiama, Each Employee, the Franchisor, Each of the Franchisor Affiliates, and/or The Lessor incurs a money liability, I and, if different, my child or the child I am responsible for must pay that liability as soon as it is incurred.
8. I
agree that this Agreement and the rights and protections it gives Gracie Barra Kiama are to be read as widely as legally possible in favour of Gracie Barra Kiama, and that the scope of Gracie Barra Kiama’s rights and protections is not to be limited bay the fact that Gracie Barra Kiama provided this Agreement.
By signing this online form, I agree with the above terms and hereby acknowledge and understand that Brazilian Jiu Jitsu is a physical activity and learning self-defense skills involves some physical contact. GB Oceania Association Pty Ltd, Highline BJJ Pty Ltd and or its staff and students are not to be held liable or responsible for any risks and/or injuries as a result of training Brazilian Jiu-Jitsu.
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I agree with the above
Signature
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Clear
