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COMBINED MARTIAL ARTS & FITNESS TRAINING AGREEMENT, INDEMNITY AND RELEASE
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MARTIAL ARTS ARE DANGEROUS / FITNESS TRAINING IS POTENTIALLY HAZARDOUS
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It is a precondition by Arakan that you carefully read the following terms and agree to be bound by each of them before you will be permitted to download and participate in an Arakan Martial Art and/or Arakan Fitness Training video tutorial. Arakan agrees to permit you to download and participate in an Arakan Martial Art and/or Arakan Fitness Training video tutorial upon and subject to the following terms and conditions.
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1.
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DEFINITIONS
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(i)
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“you / your / me / I / my” means and includes but is not limited to the person over 18 years of age who agrees to the terms of this Agreement or if under 18 years of age means the person for which the terms of this Agreement are agreed to by his/her Parent or Guardian, and their executors, administrators, or assigns.
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(ii)
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“Arakan” means Arakan Martial Art Connected Pty Ltd ACN 646 709 211, its officers, instructors (trainers), contractors, servants, agents and employees (hereinafter collectively or individually “Arakan” as the context requires).
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(iii)
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“Arakan Martial Art” means all Arakan martial art activities, martial arts training and techniques, and use of such training methods and techniques, equipment and associated activities of Arakan.
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(iv)
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“Arakan Fitness” means all Arakan fitness training activities and techniques, including the use of all relevant equipment and associated activities of Arakan.
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2.
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ACKNOWLEDGEMENT
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I acknowledge and agree that either or both (whether or not I participate in both now or in the future):
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Arakan Martial Art is a martial art techniques and activities involving strikes, kicks, and contact that are inherently hazardous, risky and dangerous; and
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Arakan Fitness is also a potentially hazardous activity; and
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that both involve risk of property damage and / or serious injury and / or death (whether to myself or a third party), and further that both Arakan Martial Art and Arakan Fitness are physically strenuous activities and I will be exerting myself
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3.
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DECLARATION OF HEALTH
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I HEREBY DECLARE that my general health is good and that I suffer no health related problems or disability which could preclude my participation in Arakan Martial Art and or Arakan Fitness. I declare that I have not taken and will not take any prescribed drugs or other substances which may impair my ability to safely participate in Arakan Martial Art and or Arakan Fitness. I acknowledge and agree that Arakan may refuse or cease allowing me to continue to participate in Arakan Martial Art and or Arakan Fitness at any time if I suffer from any health related problems or disability which could preclude my participation in Arakan Martial Art and or Arakan Fitness, or if I take any prescribed drugs or substances which may impair my ability to safely participate in Arakan Martial Art and or Arakan Fitness. However in any event I agree and accept that Arakan has no responsibility now or in the future to assess and has no and accepts no liability in respect of my medical condition, and in addition if I choose, fail, refuse or neglect to disclose to Arakan any condition which could preclude my participation in Arakan Martial Art and or Arakan Fitness or my taking of any prescribed drugs or substances which may impair my ability to safely participate in Arakan Martial Art and or Arakan Fitness, or if I continue to participate in Arakan Martial Art and / or Arakan Fitness despite any medical condition or consumption of any prescribed drugs or substances (whether disclosed or not) then in all respects I indemnify and hold Arakan harmless from any loss, damage, injury or death however caused. Arakan may disclose any details relating to your medical condition to other Instructors who may train you.
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4.
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DECLARATION OF INDEMNITY
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I hereby acknowledge that of my own free will and desire I have contracted or engaged with Arakan for the purpose of undertaking either or both of Arakan Martial Art and/or Arakan Fitness as demonstrated in a video tutorial and without in-person supervision of Arakan instructors in a controlled training environment and I do hereby undertake to indemnify Arakan, from and against all liabilities, loss or damage (however caused [including through negligence] which may be directly or indirectly suffered), cost and expenses incurred by it (or them) as a result of any action, proceedings, demands or claims taken or made by me or my heirs, executors or administrators, and/or made by any third party resulting from my use (or attempted use) of Arakan Martial Art and or Arakan Fitness (to which Arakan is implicated, joined, or against which allegations are made) as a result of property damage, injury or death suffered by me or caused by me to any third party (as the case may be) resulting from or relating to any activities of Arakan whilst undertaking or utilising Arakan Martial Art and or Arakan Fitness and any time thereafter.
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5.
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ASSUMPTION OF RISK - WARNING!
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Where a person is a consumer as defined by any relevant law such as the Competition and Consumer Act 2010 (Cth) or similar State law, then certain terms and rights will be implied into a contract for the supply of goods or services for the benefit of that person. These terms and rights and any liability of Arakan flowing from them cannot be excluded, restricted or modified by any contract. In all other cases and except where inconsistent with the above, any person participating in or utilising in any manner either or both of Arakan Martial Art and/or Arakan Fitness or other activity carried on by Arakan without the in-person supervision of Arakan does so entirely at his/her own risk. Furthermore, Arakan does not accept any liability, consequences or risk associated with your use of Arakan Martial Art and/or Arakan Fitness whatsoever whether in or incidental to your usual occupation or otherwise, nor does Arakan allow, condone or warrant the suitability or appropriateness of using Arakan Martial Art techniques on persons other than Arakan students or members and outside of the structure of the Arakan video tutorial. Arakan does not condone or agree to allow you to participate in any practice of Arakan Martial Art with any persons other than Arakan students or members and outside of the structure of the Arakan video tutorial. Without limiting the foregoing any person utilising Arakan Martial Art and or Arakan Fitness techniques in any manner and for any purpose does so entirely at his/her own risk, and assumes without any limitation, full responsibility for any and all risks of any property damage, injury or death suffered or caused to any third party.
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6.
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RELEASE
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It is a condition of downloading and taking part in either or both of Arakan Martial Art and/or Arakan Fitness video tutorials (whether such tutorial is pre-recorded or live), or utilising Arakan Martial Art and or Arakan Fitness techniques in any manner, that the person, for him/herself, his/her heirs, executors and administrators, hereby waives and releases Arakan (expressly including its franchisees, instructors and trainers), from any and all claims, rights or causes of action against Arakan that the person (or any relevant third party), his/her heirs, executors or administrators may have in respect of any loss of life or injury, damage or loss of any description including to property and howsoever caused (including negligent act or default and/or omission or breach of duty of Arakan or otherwise) arising out of or relating to taking part in any Arakan Martial Art and or Arakan Fitness, or utilising Arakan Martial Art and or Arakan Fitness techniques in any manner, and does so on the acknowledgement that they do so entirely at their own risk. In consideration of Arakan providing Arakan Martial Art and or Arakan Fitness, I agree that:
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(a)
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EXEMPTION FROM LIABILITY: I exempt and release Arakan from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me, or any third party, or property while participating in any Arakan Martial Art and or Arakan Fitness activities contemplated by this Agreement, or resulting from me utilising Arakan Martial Art techniques as demonstrated in an Arakan video tutorial or in any other manner whether such loss, damage, or injury results from the negligence of Arakan or from some other cause.
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(b)
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COVENANT NOT TO SUE: I agree to not institute any suit or action at law, or join any suit or action at law, and otherwise agree to be barred from any action against Arakan and agree not to prosecute (or have prosecuted on my behalf) any claim for damages or cause of action which I, my heirs, executors or administrators hereinafter may have by reason of injury to my person, or third party, or to property allegedly arising from Arakan Martial Art and or Arakan Fitness activities, or resulting from me utilising Arakan Martial Art and or Arakan Fitness techniques as demonstrated in an Arakan video tutorial or in any other manner, as contemplated by this Agreement.
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(c)
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INDEMNITY AGAINST THIRD PARTY CLAIMS: I indemnify, save and hold harmless Arakan from any and all losses, claims, actions or proceedings of every kind and character which may be presented or initiated by any persons or organisations and which arise directly or indirectly by my activities or neglect while engaged in Arakan Martial Art and or Arakan Fitness activities, or resulting from me utilising Arakan Martial Art and or Arakan Fitness techniques as demonstrated in an Arakan video tutorial or in any other manner, as contemplated by this Agreement.
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(d)
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CONTINUATION OF OBLIGATIONS: I agree and acknowledge that the terms and conditions of the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE and INDEMNITY AGAINST THIRD PARTY CLAIMS shall continue in force and effect now and in the future at all times during which I participate or utilise, and after I participate or utilise, either directly or indirectly, in Arakan Martial Art and or Arakan Fitness, or use Arakan Martial Art and or Arakan Fitness techniques, and shall be binding upon my heirs, executors and administrators of my estate.
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7.
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RIGHTS AND RESPONSIBILITIES
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I further acknowledge and agree that:
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I will reasonably adhere to and observe the Arakan policies & procedures (as advised or amended from time to time), and other requirements provided and / or explained to me during the Arakan member induction process, or video tutorial, or in any other documents provided to me by Arakan from time to time.
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I am choosing to participate in Arakan Martial Art and/or Arakan Fitness without the in-person supervision of Arakan instructors in a controlled training environment and accordingly I am solely and entirely responsible for my own safety and the safety of those around me.
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I am responsible for my safety and the safety of those around me at all times whilst I participate in Arakan Martial Art and/or Arakan Fitness video tutorials.
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I am not permitted by Arakan to, and will not, demonstrate, practice or perform any Arakan Martial Art techniques (including but not limited to kicks, strikes or sparring) on another person other than an Arakan student or member.
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I will only practice and perform Arakan Martial Art techniques with an Arakan student or member and on safe and appropriate martial art equipment such as a dummy or punching bag and in a safe and appropriate setting.
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I have the right and responsibility to refrain from any exercise or training I believe will be harmful to me or others. I must evaluate each situation in the context of my skill and current physical condition, and conduct Arakan Martial Art and / or Arakan Fitness in a manner that is safe.
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In the event of an injury, I have the right and responsibility to evaluate the extent of harm, stopping what I am doing and determining if it is safe to continue. In the event of a serious injury or appearance of a serious injury, I have the responsibility to stop what I am doing and seek urgent medical attention.
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I understand that I may not always have the Arakan instructor I desire, but I shall seek to learn from whomever is instructing, to show respect due to whomever is instructing, and to conduct myself in accordance with the etiquette and policies & procedures established by Arakan.
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I shall not in any way conduct myself inappropriately or take inappropriate advantage of the Arakan Martial Art and/or Arakan Fitness techniques that I learn.
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I am choosing to participate in Arakan Martial Art and/or Arakan Fitness without the in-person supervision of Arakan instructors in a controlled training environment and accordingly I am solely and entirely responsible for my own safety and the safety of those around me;
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I am responsible for my safety and the safety of those around me at all times whilst I participate in Arakan Martial Art and/or Arakan Fitness video tutorials;
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I am not permitted by Arakan to, and will not, demonstrate, practice or perform any Arakan Martial Art techniques (including but not limited to kicks, strikes or sparring) on another person other than an Arakan student or member;
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I will only practice and perform Arakan Martial Art techniques with an Arakan student or member and on safe and appropriate martial art equipment such as a dummy or punching bag and in a safe and appropriate setting;
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While I am exercising or training I must check, confirm and ensure that:
- I have sufficient space to exercise or train;
- there are no trip or slip hazards in my exercise or training space;
- there are no objects that may fall on or come into contact with;
- there are no sharp objects or hot surfaces nearby to my exercise or training space;
- I have sufficient lighting;
- my camera, screen and/or other electrical appliances, including cables, are on a levelled surface and not in my exercise or training space causing a trip hazard; and
- the room that I am exercising or training in has sufficient ventilation;
- I have a supply of water to keep me hydrated during my exercise or training;
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Where I have any existing injuries or other medical conditions, I will immediately seek medical advice before exercising or training;
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Where I am under 18 years of age, I must be supervised by my Parent or Guardian whilst exercising or training; and
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Where I am exercising or training in my home, I must check, confirm and ensure that all household members are aware of my exercising or training and avoid entering the exercise or training space.
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8.
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ARAKAN AUTHORITY
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I acknowledge that Arakan has the authority to refuse me instruction and training, terminate or cancel this Agreement at any stage for any reason including (but not limited to) due to adverse weather or training conditions, force majeure, my health, conduct, behaviour, attitude, or injury.
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I hereby consent to Arakan sending or contacting me by means of commercial electronic messages (including emails, instant messages, SMS [text messages], MMS [image based mobile phone messages], and other electronic messages of a commercial nature), and or contacting me through my social networking site account or other social networking means (as may be advised from time to time) for marketing and promotion of the Arakan business and/or the business of Arakan’s related businesses (including without limitation Arakan Martial Art Pty Ltd ACN 608 033 530 and/or Optimum Movement Center Pty Ltd ACN 154 058 867) purposes, or otherwise for logistical and operational purposes for conducting Arakan training, lessons, seminars, promotions, or similar. I understand and acknowledge that in the event that I do not wish to receive commercial electronic messages, or be otherwise contacted from Arakan through my social networking site I can unsubscribe (‘opt-out’) or cease contact at any time by the giving of notice in writing.
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Further and without limiting the foregoing, I consent to Arakan electronically storing my personal and training details (including fingerprint if provided) electronically within the Arakan student management software (or similar) operated by Arakan for logistical and operational purposes for the conduct of Arakan training, lessons, seminars, promotions, and similar, subject to its privacy policy.
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I agree that no trade mark (registered or unregistered), image, brand, logo, video tutorial or similar of Arakan may be used without the prior written permission of Arakan.
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I hereby consent to Arakan taking or using my photograph / image and/or video image for use in marketing & promotional material and testimonials and any other publication of Arakan (or authorised third party), and that Arakan may reproduce, transmit, or publish my photograph or image or video image via its commercial electronic messages or its social media sites (including without limitation Facebook, Instagram, Tik Tok, YouTube, Pinterest, Twitter, Snapchat, WhatsApp, Tumblr, LinkedIn and Reddit) for such purposes, and I agree that such software, design, text, graphic, advertisements, and material utilising such photographs / images and/or video image are owned or licenced by Arakan and are protected by international and Australian laws, and I shall have no rights, title or interest in any such material, and no rights to compensation for use of such photographs / images and/or video image of me.
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I agree that I may not use, copy, modify, transmit, store, publish or distribute any Arakan provided material including but not limited to any Arakan video tutorial without prior written consent of Arakan.
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I will not solicit or promote my own business or interests including any goods or services to Arakan, or other students/members of Arakan without prior written permission by Arakan.
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I acknowledge that the methods and styles of Arakan Martial Art and or Arakan Fitness are the property of Arakan, and only to be taught by those authorised by Arakan in writing (that is, only by Arakan Martial Art or Arakan Fitness instructors).
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Unless authorised by Arakan in writing, I acknowledge and agree that I will not (nor attempt to) now or at any time in the future teach or train any other person, directly or indirectly, in Arakan Martial Art and/or Arakan Fitness, whether for free, reward or otherwise, and without limiting the foregoing not for any reason whatsoever.
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9.
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ELECTRONIC AGREEMENT
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For the purposes of the Electronic Transactions Act 1999 (Cth), Electronic Transactions Act 2001 (Qld) Electronic Transactions Act 2001 (ACT), Electronic Transactions Act 2000 (NSW), Electronic Transactions Act 2001 (NT), Electronic Transactions Act 2000 (SA), Electronic Transactions Act 2000 (Tas), Electronic Transactions Act 2000 (Vic) and/or Electronic Transactions Act 2003 (WA) (“the Acts”) I (or where agreed to on my behalf by a Parent/Guardian, that Parent/Guardian) hereby confirm that the identification details specified above are true and correct and I hereby consent to the use of the electronic format of this Agreement. For the purposes of the Acts, Arakan hereby consents to the use of the electronic format of this Agreement.
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10.
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GENERAL PROVISIONS
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The above terms may only be varied by an agreement in writing signed by the parties.
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The above terms and the Membership & Payment Conditions (as updated from time to time) are the sole and entire agreement between the parties in relation to Arakan Martial Art and or Arakan Fitness.
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The above terms will be governed by and construed in accordance with the laws of the Queensland and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
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If any provision contained in the above terms is or becomes void, illegal or unenforceable for any reason whatsoever then such provision will be severed and the remaining terms continue to be valid and operative.
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Arakan’s Privacy Policy as amended from time to time can be accessed via its website www.arakan.com.au
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ACCEPTANCE
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BY YOU OR WHERE YOU ARE UNDER 18 YEARS OF AGE, BY YOUR PARENT / GUARDIAN:
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BY SELECTING THE ‘I HAVE READ THE TERMS AND CONDITIONS AND I AGREE TO BE BOUND BY THEM’ tick box below and CLICKING THE “I ACCEPT” button below, I am confirming that I have read, or have had read to me, the above terms and conditions and fully understand and hereby agree to be bound by them. I have received, or have waived my right to receive, independent legal advice with respect to all matters contemplated by this Agreement. Arakan is entitled to and can rely on my acceptance of this Agreement.
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I have read, or have had read to me, the above Agreement and fully understand the terms and conditions herein. I have received, or have waived my right to receive, independent legal advice with respect to all matters contemplated by this Agreement.
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For Parent / Guardian: If a person is under the age of 18 years, he/she must obtain the consent of his/her parent(s)/guardian(s) prior to commencing Arakan Martial Art and or Arakan Fitness. I hereby certify that I fully and unconditionally agree to completely indemnify Arakan against all liability resulting from any injury or death that may be sustained by my son/daughter/ward, whilst participating in Arakan Martial Art and or Arakan Fitness activities, or sustained by any third party resulting from my son/daughter/ward utilising Arakan Martial Art techniques in any manner. I have read and understand the above terms and conditions contained within this Agreement and agree that all shall apply to any Arakan Martial Art and or Arakan Fitness activity undertaken or utilised by my son/daughter/ward with Arakan. For the purposes of the Acts I hereby consent to the use of the electronic format of Agreement and confirm that my following identification details are true and correct.
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