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Adult-Pre-Exercise Screening Tool

MARTIAL ARTS and EXERCISE OF ANY KIND IS DANGEROUS The following terms and conditions must be read carefully, as they affect your legal rights:

Interpretation

“The Applicant” means the individual who signs this Training Waiver and agrees to be bound by its terms and conditions and includes a guardian of that individual if the individual is under 18 years of age. “The Provider” means KYUSHIN-RYU AUSTRALIA and its employees, trainers, contractors, agents, representatives, or venue providers. “The Services” means any membership, instruction, class, type of training, seminar, or any other activity promoted by The Provider.

The Applicant hereby agrees to be bound by the terms of this Training Waiver. The Provider agrees to permit The Applicant to use their premises and facilities and provide The Services, and any related activities upon and subject to the following terms and conditions:

(a) Fees - The Applicant will pay on demand the prescribed or stated fees for The Services. Such fees have been notified to The Applicant by letter or memorandum or by notice displayed, or verbally. KYUSHIN-RYU AUSTRALIA uses Square Payment to process electronic payments. (b) Medical Conditions - The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, and 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 any of The Services. (c) Exclusion of Applicant - The Applicant guarantees that he or she has not at any time been excluded from any of The Services offered by The Provider or similar activity by a medical practitioner, or any person or entity including a Martial Arts, Fitness Club / Gym, or Sporting Body. (e) Agreement to abide by Rules of The Provider – I, the Applicant, agree that I will abide by the codes of conduct as defined by the Provider. I have read and understand the Rules, and agree that any failure to abide by rules may result in my suspension and or expulsion from The Services of The Provider. (f) The Services not to be taught by Applicant - The Applicant agrees that he/she is in no way qualified or authorised to teach activities carried on by The Provider, publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of The Provider. (g) 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. (h) Training done at Applicant’s own Risk - Any person participating in The Services carried on by The Provider, are only allowed to do so on the distinct understanding that they do so entirely at their own risk. (i) Acceptance - Performance of The Provider’s obligations under this Training Waiver may be affected by any one or more of The Provider’s either jointly or severally. (j) Personal Image – I, The Applicant authorise The Provider to use my image to promote The Services provided by The Provider in any way The Provider chooses.

I hereby acknowledge that:
I am not an employee of The Provider b. My participation in any activity or function is purely voluntary and for my own personal interest and benefit.
Waiver and Indemnity - In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents 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 from all liabilities howsoever arising from 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 Provider, arising out of or participating in any of The Services or in connection with any of The Services or in anyway caused by, or arising out of, any activity carried on by The Provider.

I, The Applicant, have been advised and understand that the practice or participation in any of The Services is potentially dangerous. I, the Applicant, agree to occupy and use the premises of The Provider at risk to myself and release to the full extent permitted by law The Provider 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 whilst receiving The Services from The Provider. I acknowledge that in signing this waiver I am subject to the Civil Liability Act 1936 (SA) and acknowledge absolutely I have given up my rights to damages for any injuries that may be sustained as a result of my participation in this recreational activity.

DECLARATION OF UNDERSTANDING

I am over the age of 18 years.*

YesNo

I have read and understood the terms of this Training Waiver or if I did not understand the terms and conditions of this Waiver I requested an independent person to explain them to me and am now fully aware of all terms and conditions associated with this recreational activity. I, The Applicant, sign this Training Waiver by my own free will and do so with full understanding of the above.*

I confirm

Registration Date*

December 2022

To be reviewed December 2026

Privacy Policy

Kyushin-Ryu Australia is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. We have recognised the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers. This Personal Information is obtained in many ways including interviews, membership registrations, correspondence, by telephone, by email, via our website www.kysuhin-ryu.com and www.kyushin-ryu.square.site, as well as through social media platforms including our instagram and Facebook pages. We collect your Personal Information for the primary purpose of providing our services to you, and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing at kyushin-ryu@proton.me.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained; and
With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing at kyushin-ryu@proton.me. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records.

Policy Updates

This Policy may change from time to time and is available on our website.

Use of CCTV and Associated Footage

Kyushin-Ryu Australia seeks to protect people and assets in and around the dojo in the most effective manner possible including, where necessary, through the use appropriate use of CCTV. The primary security use of CCTV is to discourage and/or detect unlawful behaviour in and around the facility, thereby enhancing the safety and security of all people and property. Other applications and benefits of CCTV include monitoring access control to the facility, external hire, moderating traffic and use of the facility, and quality control of instruction and learning spaces.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at: kyushin-ryu@proton.me or via mail at Kyushin-ryu Australia, 166 Calton Road, Kalbeeba, South Australia 5118.

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