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PARTICIPATION WAIVER & DECLARATION

Tohkon Ryu Ju Jitsu Hervey Bay

This Agreement is between the Participant and Tohkon Ryu Ju Jitsu Hervey Bay (the Parties).

The Activities run by Tohkon Ryu Ju Jitsu Hervey Bay are martial arts classes and training. Participants understand that this is a contact sport, which may result in injury.

PARTICIPANT DECLARATION

1. Definitions
   In this Participant Declaration:

   • Agreement means the terms of the agreement between the Parties contained within this document.

   • Parties means the Participant and Tohkon Ryu Ju Jitsu Hervey Bay.

   • Organisers means Tohkon Ryu Ju Jitsu Hervey Bay.

   • Activities means the martial arts classes, training sessions, and related activities conducted by Tohkon Ryu Ju Jitsu Hervey Bay.

2. Acknowledgement of Risk
   Participating in the Activities can be inherently dangerous. Each Participant acknowledges and understands the nature and requirements of the Activities and that they involve physical contact, physical exertion, and physical risk. The Activities may result in death, physical injury, mental injury, or other impairment to the Participant or others.

3. Voluntary Participation
   Each Participant understands that they may refuse to take part in any Activity at any time.

4. Medical Fitness
   Each Participant understands that they must not participate in the Activities if they have any injury, disability, medical, or health condition that may increase the risk of injury.

5. Declaration of Fitness
   Each Participant declares that they are medically and physically fit to participate in the Activities and will immediately notify the Organisers of any change to their fitness or ability to safely participate.

6. Reliance on Declaration
   The Participant understands and accepts that the Organisers will continue to rely on this declaration as evidence of the Participant’s fitness and ability to participate in the Activities.

7. Disclosure of Conditions
   Each Participant warrants that they have informed the Organisers in writing of any medical condition, injury, or impairment that may affect their ability to safely participate in the Activities.

8. Release and Waiver
   Each Participant acknowledges and agrees that the Organisers, including their instructors, assistants, employees, agents, or contractors, will not be responsible for, and are released from, all claims, loss, damage, or liability arising from participation in the Activities, including but not limited to:
   a. death or physical or mental injury.
   b. the contraction, aggravation, or acceleration of a disease; or
   c. the occurrence, aggravation, acceleration, or recurrence of any condition, circumstance, or activity that may result in harm or disadvantage to the Participant or others,
   except where such loss or damage is caused by the reckless conduct of the Organisers.

9. Negligence
   For the avoidance of doubt, the Organisers will not be liable for loss or damage of the kind described in clause 8(a)–(c) caused by negligent conduct, unless that conduct also constitutes reckless conduct.

10. Reckless Conduct Defined
    For the purpose of this Agreement, reckless conduct means conduct where the Organisers knew, or ought reasonably to have known, of a significant risk that the conduct could result in personal injury and engaged in that conduct without adequate justification.

11. Use of Equipment
    Where the Organisers provide equipment for use during the Activities, each Participant agrees that the Organisers will not be liable for any loss or damage arising from the use or misuse of that equipment.

12. Photography and Media Consent
    The Participant consents to photographs, video, or visual images being taken during the Activities. The Participant consents to the use of their image, likeness, and performance for the general promotion of Tohkon Ryu Ju Jitsu Hervey Bay across any media platform.

13. Health Declaration (COVID-19)
    The Participant declares that they do not have COVID-19 symptoms and have not attended a declared hotspot or exposure venue within the 14 days prior to participating in the Activities.

14. Indemnity
    Each Participant indemnifies and agrees to keep indemnified the Organisers against any loss or damage suffered or incurred as a result of the Participant’s participation in the Activities, except to the extent that the Organisers are liable under this Agreement.

15. Statutory Rights
    Nothing in this Agreement is intended to exclude or limit any rights the Participant may have under Australian law that cannot be excluded or limited. This Agreement is to be read and construed accordingly.

By signing this Agreement, the Participant agrees to all provisions contained within it.

PARENT / LEGAL GUARDIAN CONSENT (Participants Under 18)

Where the Participant is under 18 years of age, this form must be signed by the Participant’s parent or legal guardian.

I am the parent or legal guardian of the Participant. I authorise and consent to the Participant participating in the Activities conducted by Tohkon Ryu Ju Jitsu Hervey Bay. I agree to be responsible for the Participant’s behaviour and personally accept, in my capacity as parent or legal guardian, the terms of this Agreement, including the release and indemnity provisions set out above.

Date: {sign_date}