DEFINITIONS:
In this Acknowledgment, Waiver Release and Indemnity:
“I” or “Member” means the Member referred to in Application for Membership Registration and if the Member is under 18 years also means the Member’s Parent where the context permits;
“Location” means the dojo and surrounds or location and surrounds where Karate instruction/training/grading/competition and/or promotional or fund raising activities occur;
“My” means the Member’s
“JKAA” means Japan Karate Association (JKA) Australia Inc. (ARBN 604 856395) and where the context permits includes JKAA accredited instructor/s;
“Karate” means the high risk martial art of karate which involves physical contact and employs techniques including punches, kicks, strikes and blocks
“Karate Training” means Karate training, gradings, seminars and competitions and includes all physical and mental exercises (including strenuous exercises which may involve repetitive high velocity and impact movements) associated with or done as an adjunct to Karate training, gradings, seminars and competitions
In consideration of, and as a condition of JKAA accepting me as a Member:
- I acknowledge the inherent risks of Karate Training 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 movement and that I may suffer unintentional harmful physical contact from technique delivery, evasion or application of counter techniques.
- I warrant that I have included in my responses to the medical questionnaire any medical condition or injury that may affect my Karate Training. I warrant that I am medically fit (physically and mentally) to participate in Karate Training (regardless of any condition or injury that I might have referred to in responding to the medical questionnaire) and that I have not been advised otherwise by a medical practitioner. I agree to advise JKAA PRIOR to Karate Training of any change to or additional medical condition or injury that may arise from time to time.
- I acknowledge that I may choose NOT to participate in a particular Karate Training activity and that it is my responsibility to inform my JKAA Instructor that I do not wish to participate in that particular activity.
- I will inspect the Location and equipment to be used for Karate Training and agree that I will not participate in Karate Training unless I am completely satisfied with the adequacy and condition of the Location and equipment.
- I agree that by participating in Karate Training, I do so entirely at My own risk. I agree that I am voluntarily participating in Karate Training and the use of the Location and equipment and assume all risks of injury, illness or even death. I also acknowledge that I am responsible for any loss of or damage to My personal property.
- If I suffer illness or injury at Karate Training and am unable to seek help, I authorise a JKAA Instructor to call an ambulance or to seek such other emergency medical treatment as the Instructor believes appropriate.
- I (for myself, my heirs, executors and administrators) waive release and discharge JKAA, the JKAA Executive Committee, JKAA Instructors, JKAA members and Officials appointed by JKAA (‘JKAA Persons’) from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind 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 Karate Training AND I indemnify JKAA and JKAA Persons against all costs, losses or damages arising from or in relation to my attendance at or participation in Karate Training.
- I acknowledge that photographs and videos are taken on behalf of JKAA at Karate Training from time to time and that some may be published by JKAA (eg on the JKAA website or facebook pages) and members may be identified. I acknowledge that I have the right NOT to be in JKAA photographs or videos published by JKAA and that if I wish to exercise that right it is my responsibility to remove myself from areas/persons being photographed or videoed or if that is not possible to advise my JKAA Instructor or a JKAA Executive Committee member immediately following being photographed or videoed that I do not want my picture published.
- I acknowledge that this Acknowledgment, Waiver Release and Indemnity cannot be modified orally.
- I acknowledge that the medical conditions and injuries referred to above and advised to JKAA from time to time shall not in any way limit this Waiver Release and Indemnity.
- 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.
I acknowledge that I have carefully read and fully understand this Waiver Release and Indemnity and I sign it voluntarily.
If the Member is under 18 years of age this Waiver Release and Indemnity must be signed by the Member’s Parent. I warrant and certify that I am the parent of the Member and that he/she has my consent and is capable of participating in Karate Training. I confirm that I have read and understand the above Waiver Release and Indemnity, and that I agree, on behalf of the Member to be bound by each of the above conditions and I sign this Waiver Release and Indemnity voluntarily.
