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Terms & Conditions

I agree, in consideration of being allowed to access and participate in Martial Arts Training Program with Thrive Budo  (the Program) to accept the following terms and conditions:

Risks and Compliance with Directions:

1. I understand and agree that participation in the Program involves, without limitation, martial art activities of the following nature: full contact sparring, wrestling / grappling, throws, contact strikes, submission techniques, (the Activities) and that participation in the Activities will expose me to inherent risks that can result in physical injury detrimental to my health.
2. I understand and agree that the Activities are physically and mentally challenging and will expose me to risks which cannot be eliminated completely, including but not limited to, sprains, damage to ligaments and tendons, concussions, dislocations, and broken limbs. These risks may arise not only from my own actions when undertaking the Activities, but also from the actions of others participating with me as part of the Activities.
3. I understand and agree that I fully understand the risks involved in the Activities and confirm that I am willingly and voluntarily participating in the Activities entirely at my own risk.
4. I understand and agree that when participating in the Activities to conduct myself in a safe and mature manner and in accordance with the instructions from my instructors.
5. I acknowledge and agree that if I feel that any part of the Activities is unsafe or if I do not want to participate in the Activities for any reason, I will immediately notify my instructors and stop my participation in the Activities until a mutually agreed course of action is reached.
6. I confirm I am physically capable of participating in the Activities and that I have no existing medical condition which precludes or should reasonably preclude my participation in the Activities.

Release and Indemnity:

7. I acknowledge and agree to release and forever discharge Thrive Budo (the Released Parties) from all proceedings, claims, demands, losses and detriment of any nature, whether in tort or in contract, which I have or may have at any time against the Released Parties as a result of my participation in the Activities.
8. I acknowledge and agree to indemnify the Released Parties and keep the Released Parties indemnified against all proceedings, claims, demands, losses and detriment of any nature that may be brought or made against the Released Parties as a result of my participation in the Activities, including in respect of any failure on the part of the Released Parties to exercise due care and skill in respect of the Activities. This indemnity includes an indemnity in respect of costs, damages, and expenses that may be incurred by the Release Parties in defending any such proceedings, claims and demands.
9. I acknowledge and agree that this waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law within Australian states and territories.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form (Thrive Budo) is required to ensure that the recreational services it supplies to you (i.e. the Activities):
– are rendered with due care and skill; and
– are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier;
– and might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.

If you tick that you certify, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

Note:

The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.