Olsen’s Karate Group Terms & Conditions
This Agreement is between the “customer” named on this form and Olsen’s Karate Group TA Samurai Karate Sunshine and its affiliates. By participating in recreational activities conducted by Samurai Karate in the capacity of a member, the member acknowledges and agrees:
Note: Any 2 way interaction with minors, is only for the purpose of karate instruction and information sharing only.
- Samurai Karate is in the business of providing recreational services that relate to Martial Arts programs, self defence training and sport karate programs in the capacity of group, private classes, online services, and belt assessments/gradings.
- The member understands the Services offered by Samurai Karate include physical contact as part of the Martial Arts training or self defence instruction.
- By participating in the Services provided by Samurai Karate, there is a risk of death or of suffering personal injury (both physical and psychological) or loss and damage to property (“Harm”) arising from Samurai Karate conducting its Services.
- Possible causes of Harm include, but are not limited to: joint and muscle sprains and strains, bruising, concussion, cuts and abrasions, dehydration, dental damage, joint injuries, nose injuries, stress fractures, bone/joint/muscle breakages & strains
- The member releases and forever discharges and indemnifies Samurai Karate from all claims that you may have or may have had from or in connection with your participation in Services and holds it harmless with respect to all liability for Harm howsoever arising, except to the extent prohibited by law.
- The member voluntarily participates in the Services of Samurai Karate at entirely their own risk and understands that Martial Arts is a potentially dangerous activity.
- The member warrants they are in good health and are not receiving treatment for any illness, disorder or injury and knows of no medical reason which would render it unsafe for them to take part in Services provided by Samurai Karate.
- The member understands their responsibility to their own health and physical condition in order to carry out any exercises shown in the classes.
- The member understands that under no circumstances shall the information and techniques learnt at Samurai Karate be used or taught, unless necessary for self defence and/or Samurai Karate Sanctioned Events.
- This agreement shall be governed and construed by the laws of the State of Victoria, Australia. The situs for all actions is Melbourne, State of Victoria, Australia. All provisions of this agreement are intended to be interpreted and construed in a manner to make such provisions valid, legal and enforceable in a court of law.
WARNING – AUSTRALIAN CONSUMER LAW AND OTHER LEGISLATION
Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you 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 sign this form, 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.
Payment for the access to the app is through Stripe through the website.
Access fees entitle customers to streamed lessons, and all material suitable to classes and materials selected, as set out in the sign up schedule.
Subscriptions fall into 2 categories, 1 class type plus basic tutorial access, or premium subscription which gives access to all classes types and basic tutorial.
Dishonoured Direct Debit Payments: It is the customer’s responsibility to ensure that on the due date funds are available in the nominated account to meet the direct debit payment. Should a payment be dishonoured, Stripe will debit an additional $5.00 with the next payment & may, if we do not receive instructions contrary from the customer, debit both the current due payment & the overdue payment(s) on the same day. Late payment fees charged by Stripe are independent to fees charged by the club.
Online Scheduled Classes (Class Time Table): Scheduled classes may be reviewed at any time, and members will be notified with at least 14 days’ notice of any changes. A minimum of 2 classes per week will be offered to members.
Missed Classes: All classes will be recorded for members to access at their own convenience.
Christmas & New Year: Samurai Karate will be closed during the Christmas period, this time is included in the training calendar.
Easter: Closed – Good Friday, Easter Saturday & Easter Monday.
Public Holidays During School Terms: No Classes unless otherwise notified.
Special Events: From time to time our organisation has special events including gasshuku (association group training), public community events, instructor training, national coaching & referee commitments, member’s social events & new member programs. When these events take place, it may affect the regular timetable.
Payment Defaults: In the event of payment default, the member will be notified in writing and given an opportunity of 14 days to remedy the default. If the member is unable to remedy the payment default, the club reserves the right to terminate the Membership Agreement and refer the balance owing to a debt collection agency. The customer will be responsible for any administrative fees incurred by the club in the collection of outstanding monies.
Copyright: Except as permitted by Samurai Karate, members may not reproduce or communicate any of the content on our digital media, including files downloadable from the website.
Suspension and termination of services: Members can terminate their subscription at any time through their account management page. Such termination will result in the deactivation or disablement of the member’s account and access to it, and the deletion of content the member collected through use of the services. Terminations are confirmed immediately and members will not be charged again for subscription costs unless the member purchases a new subscription. If a member terminates a subscription in the middle of a billing cycle, the member will not receive a refund for any unused portion of their subscriptions unless the member is terminating for any of the following reasons; (a) Samurai Karate have materially breached these terms and failed to cure that breach within 30 days after the member have so notified Samurai Karate in writing; or (b) a refund is requested by law.
If you do not understand this form, or do not agree to be bound by the provisions of this Agreement, you should not subscribe to our services.
Code of Conduct
Samurai Karate Sunshine aims to provide a safe and positive environment for members to build character, increase their self confidence and develop a winning attitude to life.
We are committed to a culture and environment that emphasises the safety and well being of all children, young people and adults.
To uphold this vision, it is important that every person involved with our club understands their responsibilities as set out below in our Code of Conduct.
All participants & members have the responsibility to:
- Always place the safety and welfare of children above all other considerations
- Never initiate unnecessary physical contact with children
- Never exchange personal contact details or have unauthorised contact with children online or by phone without the parent or guardian’s consent
- Nurture an inclusive environment at the club where all members and their families can feel welcome
- Respect the rights, welfare and dignity of every person regardless of their ability, gender or sexuality
- Always respect religious and political differences and act in a culturally sensitive way
- Never engage in any sexual harassment, aggressive behaviour, bullying or intimidation with other members or participants of the club
- Demonstrate a high degree of individual responsibility, recognising at all times your words and actions can affect children and other members of the club
- Attend the club in a fit state, free from the effects of alcohol and illicit drugs
- Discourage and avoid creating drama, stirring controversy or gossip within the club
- Take action to minimise the impact of any hazards to avoid injury
- Encourage good sportsmanship by demonstrating positive support for all members, instructors, coaches and officials during training or at tournaments and events and encourage children to do likewise
- Ensure family members and friends who are visiting or involved with the club are aware of our code of conduct and ensure they follow it
It is a condition of membership that you comply with the club’s Code of Conduct at all times while attending any Samurai Karate training, events or functions. Any failure to comply may result in the immediate suspension or cancellation of your membership. The club reserves the right to terminate a subscription without a refund for behaviour that is determined to be unacceptable and that has breached the club’s Code of Conduct.
PARENT/GUARDIAN CONSENT – PERSONS UNDER 18 YEARS OLD
For persons under the age of 18 years the following parent/guardian consent must be completed.
I am the legal parent/guardian** of the above-named (“member”) who is under 18 years old. I have read this Disclaimer Form and understand its contents, including the exclusion of liability and assumption of risk and accept the conditions of this Agreement and acknowledge the risks arising from participation of recreational Services conducted by Samurai Karate. I understand by signing this release on behalf of the member, I am giving up the same rights for the said member as if I signed this release on my own behalf.