LEGAL WAIVER & TERMS (SOUTH AUSTRALIA)

ASSUMPTION OF RISK & LIABILITY WAIVER

I acknowledge that training at D.C. Defense involves physical contact and inherent risks including bruising, strains, fractures, concussion, or serious injury.

I voluntarily accept all risks associated with participation in training, sparring, fitness activities, and presence on the premises.

To the maximum extent permitted under South Australian law and the Australian Consumer Law, I release and hold harmless D.C. Defense, its owners, instructors, employees, contractors, and agents from all liability for injury, loss, or damage arising from participation, except where liability cannot be excluded by law.

I confirm I am physically fit to train or have sought medical clearance.

CODE OF CONDUCT

• Follow instructor directions at all times

• Train safely and respectfully

• Use equipment correctly

• Maintain hygiene and appropriate attire

• No aggressive or abusive behaviour

6 Basic Rules

A student may be disqualified temporarily or for life for any of the following :

  1. Committing a criminal offence
  2. Failing to obey any reasonable direction
  3. Going against the Creed
  4. Entering School intoxicated
  5. Exploitation
  6. Speaking back to an instructor in a disrespectful manner

Objectives

D.C. defense (DCD) has as its key objectives:

  1. Providing instruction in a safe environment in the martial art/self defence of DCD.
  2. Developing the mental and physical tools for improving personal safety and security.
  3. Promotion of good health and vitality.
  4. Development of positive self-esteem and self-confidence.
  5. Development of a person as a positive role model in the community.
  6. Creating expertise in confrontation management.
  7. Pro-active crime prevention through increased awareness and positive attitudes.
  8. Developing healthy community attitudes and values. All persons participating in a class or course conducted by DCD must agree to be bound by this Code of Conduct. DCD reserves the right to make amendments or additions to this Code of Conduct at any time.

Participant Understanding

DCD is a contact martial art, meaning it involves physical contact with one or more other practitioners in ways designed to simulate as closely as possible the self-defence options available to a practitioner when confronted with physical aggression and/or threatening behaviour. As in any other physically demanding recreational activity, there is always a risk of injury. Any person participating in a class conducted by DCD does so with the full understanding that whilst it is the policy of DCD to minimise this risk, the nature of contact physical activity prevents its total elimination. Persons participating in a class conducted by DCD do so of their own volition and at their own risk and must have signed the waiver form. Please understand that while we strive to build community our instructors will not accept friend requests on any social media by students, this is to avoid any problematic situations that may arise. Cultural Safety

       1. DCD respect the rights of first peoples and their protocols of country and will follow all advice from Traditional Owners and Elders while providing training on country IE sorry business. We would also like to request the right to take photos or video during the training for marketing purposes, all photos will be de- identified on request.

Safety

  1. Persons must not wear jewellery or watches during training.
  2. All persons participating in training agree to maintain self-control at all times and maintain all care in the application of any technique.
  3. Any person who, in training, exhibits behaviour that, in the judgement of the Instructor, is a danger to other participants, shall not be allowed to continue training until the Instructor determines the danger is no longer present.
  4. Any injury must be reported to the instructor in charge with all details of incident documented.

Training Area Etiquette

  1.  Persons will bow in the appropriate manner upon entering and leaving the Training Area.
  2. Shoes must be taken off before entering the training area unless the shoes are special martial arts footwear approved by the Instructor (see “Clothing” below).
  3. Persons must be punctual, preferably early, so that they are ready to train when class commences. If arriving late, a person must wait at the side of the Training Area until the Instructor indicates that a person may join the class.
  4. No Student will provoke violence outside the dojo or allow himself to be provoked into violence, under pain of expulsion from the DCD for life.
  5. Students will maintain a serious attitude at all times. No profanity or loud talking is permitted in the dojo.
  6. Persons must not chew gum whilst training.
  7. Food and/or drink (including water) must not be consumed whilst on the training area.
  8. Mobile phones must be turned off during training. Mobile phones inadvertently left on during training may not be answered. Any person who is “on-call” for work may seek approval from the instructor prior to the commencement of class to leave his or her mobile phone on.

Uniforms & Training Gear

  1. All Persons must wear the following approved clothing during all training sessions:
  2. Pants: Plain Black Martial art training pants, and approved kickboxing/mma/Crossfit shorts.
  3. Tops: Plain Black tops with DCD logo on back.
  4. Shoes: Only training footwear which has been approved by the instructor.
  5. Belts/sashes: Graded students must wear their belts/sashes.
  6. All clothing must be free of all logos or markings unless the logo is that of DCD.
  7. Persons inappropriately attired will not be allowed to train.
  8. In addition to the general uniform requirements, persons must bring a towel and filled water bottle to each training session.

Sparring requirements

  1. Persons participating in sparring activity must purchase and wear an approved mouth guard and bring this mouth guard to every training session.
  2. As boxing drills are a regular conditioning activity, persons are encouraged to purchase their own set of boxing mitts of an approved 14oz or 16oz size.
  3. In addition to their personal mouth guards, persons participating in sparring must wear full protective clothing, ie their own or as supplied by DCD, comprising body guards, head guards, shin guards, groin guards and 14oz or 16oz boxing mitts.
  4. Sparring is to be of the non contact to touch contact kind during training sessions, all sparring is to be supervised by one senior ranked student at all times. (The ratio is 1 supervisor to 2 students sparring)

Sickness or Injury

  1. Persons must not train if they are suffering from the flu or other viral infection that may be passed on to other persons.
  2. Persons must advise the Instructor if suffering from any injury or medical condition, either permanent or temporary, which may be adversely affected by certain types of training. Some examples of this may include blood pressure problems and cardiac disorders, neck and back injuries, diabetes and asthma.
  3. If requested by the Instructor, persons with the above or like conditions must show this Code of Conduct to their physician and secure a medical certificate clearly stating that the person is able to participate in classes conducted by DCD and whether there are any restrictions or conditions applicable.

Other Health Issues

  1. Persons must not attend training under the influence of alcohol or illegal drugs.
  2. Smoking is not allowed in the Training Area.
  3. Persons training must give proper attention to personal hygiene and exhibit clean grooming; and ensure that fingernails and toenails are trimmed and clean..
  4. Persons with a cut or bleeding injury must cease training immediately and receive appropriate first aid. Rejoining the training session will not be allowed until the instructor has deemed that is safe to do so.
  5. Persons administering first aid to a person suffering a cut or bleeding injury must wear protective gloves.

Training Area Ethics

  1. Persons must always be courteous and helpful to each other.
  2. Physical contact between persons who are training must be appropriate to the situation and necessary for the skill development of those persons.
  3. Sexual harassment, defined as being where a person is subjected to unwanted or uninvited sexual behaviour, will not be tolerated.
  4. Any form of discrimination based on sex, ethnic origin, language, colour, or other form of differentiation will not be tolerated.

Protocols

  1. Only persons black belt  above are addressed as Guro, Instructor, Coach or Sensei unless they are awarded a special teaching title. ie Ate, Kuya Lakan, Lakan Guro, Assitant Instructor, Sempai etc
  2. Persons awarded teaching titles must be addressed by their title in and out of the School at all times. Their title then their name eg Kuya John.
  3. All grievances must be spoken about behind closed doors not voiced openly, or to lower ranked students, and preferably in writing.

Training Session Restrictions

  1. Training sessions with DCD are structured as either Conditioning Training Sessions or Technical Training Sessions with a 1-hour class usually comprising a Conditioning Training Session of 15 minutes followed by a Technical Training Session of 45 minutes.
  2. Only persons authorised by the Instructor are allowed to participate in any physical contact drills as required for gradings.
  3. Persons who commence training with DCD for the first time may take part in regular soft drill work, but no hard partner contact drill training for a period of 9 months or their first full grade, which ever comes first.

MARTIAL ARTS IS DANGEROUS

The following conditions must be read carefully and understood as once signed there are no excuses:

  1. Interpretation

"the Applicant" means the individual who signs this Contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age.

  1. Acceptance

the Applicant, hereby agree to be bound by the terms of this Contract with DCD and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as "the providers". The providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial Arts and related activities ("the service") upon and subject to the following terms and conditions:

  1. Membership Fees

The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant by letter or memorandum or by notice displayed in the provider's premises or premises occupied by the provider or verbally.

  1. Medical Conditions

The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the Applicant to take part in Martial Arts. The applicant further warrants that he/she has provided information on nay and all pre-existing medical conditions.

  1. Exclusion of Applicant

The Applicant warrants that he or she has not at any time been excluded from Martial Arts by a medical practitioner or any person or entity including a Martial Arts Club.

  1. Rights of a Consumer

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:

  1. the re-supply of the Martial Arts instruction and related activities; or
  1. the payment of the cost of having the Martial Arts and related activities supplied again.
  1. Waiver and Indemnity

In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependants 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 anyway caused by, or arising out of, any activity carried on by the indemnified.

I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous.

I, the Applicant, agree to occupy and use the premises of the DCD at risk to myself and release to full extent permitted by lawInstructorDamien Crompton, The DCD, 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 DCD.

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

  1. Martial Arts not to be taught by Applicant

The Applicant agrees that he/she is in no way qualified or authorized to teach DCD martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of DCD.

  1. Agreement to abide by the  Rules
  2. I, the Applicant, agree that I will abide by the DCD Class Code of Conduct and agree and acknowledge that any failure to abide by rules of the Code of Conduct may result in my expulsion from the School for a period of time or indefinitely.
  1. Acceptance

Performance of the provider's obligations under the contract may be effected by any one or more of the providers either jointly or severally.

  1. Governing Law

Any agreement entered into pursuant to this acceptance is to be governed by the

laws of the State of South Australia and the Courts of South Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement.

  1. Statement of Understanding

I, the Applicant have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed.

  1. Acknowledgment

The Applicant acknowledges that he/she has had adequate time to read and review this

Contract and signs this Contract without duress

By Signing in you are accepting these Terms & Conditions

D.C. Defense reserves the right to suspend or cancel memberships for misconduct.