Terms & Conditions / Indemnity & Code of Conduct
Martial Arts Agreement
The Applicant, hereby agrees to be bound by the terms of this Agreement with Shinbukan and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as “the providers”. The providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial arts and related activities (“the service”) upon and subject to the following terms and conditions. (a) Fees The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant verbally by a representative of the providers, by letter or memorandum or by notice displayed in the providers’ premises or premises occupied by the providers or verbally. (b) Medical Conditions The Applicant warrants that he or she has not at any time in the past suffered any blackouts, seizures, convulsions, 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 Martial Arts. The applicant further warrants that the information they provide includes any and all pre-existing medical conditions. (c) Exclusion of Applicant The Applicant warrants that he/ she has not at any time been excluded from Martial Arts by a medical practitioner or any person/entity including a Martial Arts Club. (d) Rights of a Consumer Pursuant to the Australian Consumer Laws (“ACL”) certain rights may be implied into this Agreement which operate for the benefit of the Applicant. Under the provisions of the ACL, those terms and rights, and any liability of the providers flowing from them, cannot be excluded, restricted or modified by any provision of the Agreement. PLEASE NOTE THE FOLLOWING: If the ACL prevents the exclusion, restriction or modification of warranties, the providers’ responsibility for a breach of those warranties is limited to these two options: (i) the re-supply of the Martial Arts instruction and related activities; or (ii) the payment of the cost of having the Martial Arts and related activities supplied again. (e) 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 (“the indemnified”) from all liability 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 indemnified, arising out of or participating in Martial Arts or in connection with Martial Arts or in any way caused by or arising out of, any activity carried on by the indemnified. I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous and may cause injury to my body during the course of my training. I, the Applicant, agree to occupy and use the premises of Shinbukan at risk to myself and release to full extent permitted by law, Shinbukan, William Kazuo Saito, Harrison Saito, and its instructors, servants, contractors and employees from all claims and demands of any kind in and of or resulting from any accident or damage to property or injury or death to myself while undertaking training in martial arts at Shinbukan. (f) Martial arts undertaken at Applicant’s own Risk It is important to understand that Shinbukan martial arts is a dangerous sport. Any person training martial arts, or in activities connected with martial arts or participating in any activity carried on by Shinbukan, is only allowed to do so on the strict understanding that they do so entirely at their own risk. (g) Martial arts not to be taught by Applicant The Applicant agrees that he/she is in no way qualified to authorised to teach Karate, Ninjutsu, Sports Chanbara and Iaido martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Shinbukan. (h) Agreement to abide by the Shinbukan Rules I, the Applicant, agree that I will abide by the Shinbukan Code of Conduct, a copy of which forms part of this Agreement and agree and acknowledge that any failure to abide by the rules of the Code of Conduct may result in my expulsion from Shinbukan. (i) Acceptance Performance of the providers’ obligations under the Agreement may be affected by any one of more of the providers whether jointly or severally. (j) Governing Law Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of New South Wales and the Courts of the Commonwealth of Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement. (k) Statement of Understanding I, the Applicant have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed.
Code of Conduct
A.1 Objectives Shinbukan has as its objectives: 1. Provide instruction in a safe environment in the martial arts of Karate, Ninjutsu, Tameshigiri Iaido and Sports Chanbara. 2. Developing the mental and physical tools for improving personal safety and security. 3. Promotion of good health and vitality. 4. Development of positive self-esteem and self-confidence. 5. Development of a person as a positive role model in the community. 6. Create expertise in confrontation management. 7. Pro-active crime prevention through increased awareness and positive attitudes. 8. Developing health community attitudes and values. All persons participating in a class or course conducted by Shinbukan must agree to be bound by this Code of Conduct. Shinbukan reserves the right to make amendments or additions to this Code of Conduct at any time. A.2 Participant Understanding Karate, Ninjutsu, Tameshigiri Iaido and Sports Chanbara are contact martial arts, meaning they involve physical contact with one or more other practitioners in ways designed to simulate as closely as possible the self defence options available to a practitioner when confronted with physical aggression and/or threatening behavior. As in any other physically demanding recreational activity, there is always a risk of injury. Any person participating in a class conducted by Shinbukan does so with the full understanding that whilst it is the policy of Shinbukan to minimize this risk, the nature of contact physical activity prevents its total elimination. Persons participating in a class conducted by Shinbukan do so of their own volition and at their own risk. A.3 Instructor Qualifications 1. All unsupervised instructors must have current accreditation through the Martial Arts Industry Association or an equivalent peak body. 2. All unsupervised instructors are bound by the “Instructors Code of Ethics” of the Martial Arts Industry Association. 3. All unsupervised instructors must have current WorkCover approved Senior First Aid certification. 4. All unsupervised instructors must have in place appropriate public liability and professional indemnity insurance. 5. All instructors will be bound by this Code of Conduct and the National Code of Practice for Martial Arts Instructors A.4 Safety 1. Instructors will ensure that the training area is clear of any dangerous and/or sharp objects that may provide a risk of injury. 2. Instructors will have access at all times to a fully equipped first aid kit. 3. Persons must not wear jewellery or watches during training. 4. All persons participating in training agree to maintain self-control at all times and maintain all care in the application of any technique. 5. Any person who, in training, exhibits behaviour that, in the judgment of the instructor, is a danger to other participants, shall not be allowed to continue training until the instructor determines the danger is no longer present. A.5 Training Area Etiquette 1. Persons will follow the traditional etiquette requirements outlined in the “Dojo Etiquette” information sheet provided. 2. Shoes must be taken off before entering the training area unless the shoes are special martial arts footwear approved by the instructor (see “uniform & training gear” below). 3. Persons must be punctual, preferably early, so that they are ready to training when the class commences. If arriving late, a person must wait at the side of the training area until the instructor indicates that a person may join the class. 4. Persons must not chew gum whilst training. 5. Food and/or drink (including water) must not be consumed whilst on the training area. 6. Mobile phones must be turned off while training. Mobile phones inadvertently left on during training may not be answered. Any person who is “on call” for work may seek approval from the instructor prior to the commencement of class to leave his or her mobile phone on. A.6 Uniforms & Training Gear All persons must wear the following approved clothing during all training sessions: 1. Top & Pants: Traditional Japanese martial arts gi (white or black, as per instructors advise), comprising jacket and pants, is to be worn by all practitioners. (Medium to heavy weight canvas is suggested) 2. Shoes: Only special martial arts training footwear which is approved by the instructor. 3. Belt/Obi: all students should wear an obi, the colour and type as advised by the instructor relevant to their grading level. 4. All clothing must be free of all logos or markings unless the logo is that of or authorized by Shinbukan. 5. Persons inappropriately attired will not be allowed to train. 6. In addition to the general uniform requirements, it is advisable that persons bring a towel and water bottle to each training session. A.7 Sparring Requirements 1. Persons participating in sparring activity must purchase and wear an approved mouth guard and bring this mouth guard to every training session. 2. In addition to their own personal mouth guards, persons participating in sparring must wear appropriate protective clothing/equipment e.g. head guard, groin guard, gloves etc. A.8 Sickness or injury 1. Persons must not train if they are suffering from the flu or other viral infection that may be passed on to other persons. 2. Persons must advise the instructor if suffering from any injury or medical condition, either permanent or temporary, which may be adversely affected by certain types of training. Some examples of this may include blood pressure problems and cardiac disorders, neck and back injuries, diabetes and asthma. 3. If requested by the instructor, persons with the above or like conditions must show this Code of Conduct to their physician and secure a medical certificate clearly stating that the person is able to participate in classes conducted by Shinbukan and whether there are any restrictions or conditions applicable. A.9 Other Health Issues 1. Persons must not attend training under the influence of alcohol or illegal drugs. 2. Smoking is not allowed in the training area. 3. Persons training must give proper attention to personal hygiene and exhibit clean grooming; and ensure that fingernails and toenails are trimmed and clean. 4. Persons with a cut or bleeding injury must cease training immediately and receive appropriate first aid. Rejoining the training session will not be allowed until the instructor has deemed that it is safe to do so. 5. Persons administering first aid to a person suffering a cut or bleeding injury must wear protective gloves. A.10 Training Area Ethics 1. Persons must always be courteous and helpful to each other. 2. Physical contact between persons who are training must be appropriate to the situation and necessary for the skill development of those persons. 3. Sexual harassment, defined as being where a person is subjected to unwanted or uninvited sexual behaviour, will not be tolerated. 4. Any form of discrimination based on sex, ethnic origin, language, colour, or other form of differentiation will not be tolerated. A.11 Grading Conditions 1. Grading for either Karate, Ninjutsu, Tameshigiri Iaido or Sports Chanbara may take place at any time through the year at the discretion of the instructor. 2. Grading fees must be paid one week prior to the scheduled grading. 3. In assessing a person's readiness to grade, the instructor takes into consideration such factors as consistency of attendance, attitude, focus and attention during training sessions, as much as a person's knowledge of the Karate/Ninjutsu/Tameshigiri Iaido/Sports Chanbara syllabus to the point he or she wishes to grade. 4. To secure grading under the Karate/Ninjutsu/Tameshigiri Iaido/Sports Chanbara syllabus a person must be a current financial member of Shinbukan. 5. Membership of Shinbukan requires a person to agree to be bound by this Code of Conduct. 6. Shinbukan reserves the right to revoke the grading of any person who breaches this Code of Conduct or is convicted of any criminal offence. A.12 Training Session Restrictions 1. Only persons authorised by the instructor are allowed to participate in training sessions. Non Authorised persons must leave the training area before commencement of a training session. 2. All new students will be partnered with a senior student to assist with their understanding and integration of the initial training sessions. 3. Each training session may be structured with conditioning and/or technical components as outlined at the start of the training session by the instructor. 4. At the discretion of the instructor a person may be prevented from participating in given components of a training session, relative to their skill and fitness levels, so as to maintain a safe training environment for all participants of that training session. A.13 Breach of Policy 1. The techniques, syllabus and other instruction material taught or provided whilst being a member of Shinbukan remain at all times the intellectual property of Shinbukan and all practitioners, unless approved by the head of Shinbukan, will not teach, divulge or show any of the techniques learned or material provided. This applies even after the practitioner has ceased to be a member of Shinbukan. Any breach of this provision can result in the revocation of grading and/or membership of Shinbukan. It may also result in civil proceedings.
Terms and Conditions
Terms and Conditions 1. Start of your membership 1.1 No lock-in contracts. 1.2 Age requirements You must be at least 5 years of age to join the Shinbukan Kids’ Karate Classes. You must be at least 14 years of age to join the Shinbukan Adults’ Karate classes. You must be at least 13 years of age to join the Shinbukan Ninjutsu classes. If you are under 18, a parent or guardian must sign your membership agreement. 1.3 Membership fee You need to pay a membership fee when you join or renew in the new year. We cannot refund the fee, even if you cancel your membership or have not used your membership. This fee consists of membership and insurance. 1.4 Health On the day you sign your agreement and each time you attend our training sessions, you promise us that: -You are in good physical condition -You know of no medical or other reason why you cannot or should not do active or passive exercise. Our instructors are not medically trained. They are not qualified to assess if you are in physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program. 2. During your membership 2.1 Paying for ongoing membership You pay fees for ongoing memberships in advance at the beginning of each month by credit card, cash, or EFTPOS. 2.2 Credit Card debits and their functions We will debit your monthly membership fees from your nominated credit card at the beginning of each month. Note that: -Debit may take up to 5 days to come out of your account. 2.3 Monthly fee pausing option We offer a monthly fee pausing option. Your membership will be inactive for a month. You will not be able to attend any classes during this period. After a month, your membership will resume. Please notify us before the beginning of the month. 3. Responsibilities You must make sure: -Your credit card has sufficient funds to have money drawn out on the payment day and the next 5 days. -You tell us if you are closing the credit card at least 48 hours before your next direct debit. -You tell us about any changes to your credit card such as expiry date, number, at least 48 hours before your next direct debit. -You tell us and your financial institution if you want to change or stop your direct debit. 4. Late payments If you do not fully pay your fees on the due date, we will suspend your training access until payments are up to date. 5. Feedback Your feedback is important in helping us to provide a great service. If you have any comments or questions about our training, please feel free to send them through via email, website or speak to us in person. 6. End of your membership 6.1 Cancelling your membership You can cancel your membership via email at soke@shinbukan.com.au or in person. 6.2 Giving us notice You must give us 30 days’ notice to cancel. We do not have lock-in contracts which bind you to your membership past this 30 days’ notice. 7. Definitions -Shinbukan, We, Us, Our = Shinbukan Martial Arts Academy Pty Ltd. -You, your = a member of Shinbukan -Premises = Where Shinbukan training is taking place. -Agreement, membership = Membership application and agreement. This is between Shinbukan and you under which you will become a member of Shinbukan.