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PARTICIPATION TERMS AND CONDITIONS AGREEMENT

 

Governing Law: Western Australia

Jurisdiction: Western Australia Only

 

This Participation Terms and Conditions Agreement (“Agreement”) is made between the undersigned parent or legal guardian (“Parent/Guardian”) and Alan Figueroa, including all assistant instructors, guest instructors, volunteers, visitors, and fellow class participants (collectively referred to as “the Program”). By allowing your child (“Participant”) to engage in any class, workshop, event, or activity conducted by or associated with the Program, you agree to the terms set out in this Agreement.

 

This Agreement is intended to clearly outline the nature of martial arts training, the inherent risks involved, the responsibilities of the Parent/Guardian, and the limitations of liability for the Program. It applies to all participation, whether occurring indoors, outdoors, at hired venues, or at any location where Program activities are conducted.

 

1. Purpose and Scope of Agreement

The purpose of this Agreement is to establish a clear and legally binding understanding between the Parent/Guardian and the Program regarding the risks associated with martial arts training and the responsibilities of each party. Martial arts is a physical discipline involving contact, exertion, and unpredictable movement. This Agreement explains the risks, the safety measures in place, and the limitations of liability accepted by the Parent/Guardian.This Agreement applies to all classes, workshops, demonstrations, events, and training sessions conducted by or associated with the Program. It remains in effect for all future participation unless revoked in writing. Revocation does not apply retroactively and does not negate liability releases for past participation.

 

2. Nature of Martial Arts Training

Martial arts is a contact sport comparable to rugby, wrestling, and other full-contact athletic activities. Physical contact is inherent, intentional, and unavoidable. As such, minor injuries such as bumps, knocks, and bruises occur regularly and are considered a normal part of training. Training may include, but is not limited to:

  • Partnered drills involving physical contact

  • Controlled sparring

  • Movement sequences and forms

  • Games involving physical interaction

  • Warm-ups and conditioning exercises

  • Use of training equipment

  • Group activities requiring coordination

  • Demonstrations by instructors or guest instructors

  • Rhythmic or dance-based martial arts movements

  • Activities requiring balance, agility, and coordination

  • Grappling, rolling, and close-contact drills

The Parent/Guardian acknowledges that martial arts training is physically demanding and may involve unpredictable movements by the Participant or other individuals that may result in accidental injury.

 

3. Safety Measures and Instructor Responsibilities

The Program prioritises safety and implements structured teaching methods designed to reduce risk. These measures include:

  • Age-appropriate activities

  • Controlled drills with clear boundaries

  • Supervision by trained instructors

  • Progressive skill development

  • Clear rules and behavioural expectations

  • Use of safe training equipment

  • Regular monitoring of participant fatigue and readiness

  • Immediate cessation of unsafe behaviour

  • Instruction in safe falling, rolling, and landing techniques

  • Encouragement of mutual respect and controlled movement

Despite these measures, no contact sport can eliminate risk entirely. Accidental injuries may occur even under strict supervision and adherence to safety protocols.The Parent/Guardian acknowledges that the Program takes reasonable steps to reduce risk but cannot guarantee the prevention of accidental injury.

 

4. Assumption of Risk

By allowing your child to participate, you voluntarily assume all risks associated with martial arts training. These risks include, but are not limited to:

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4.1 Common Injuries:

  • Bumps, knocks, and bruises

  • Muscle soreness

  • Minor sprains

  • Minor strains

  • Abrasions and cuts

  • Temporary discomfort from physical exertion

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4.2 Moderate Injuries:

  • Sprained joints

  • Dislocated joints

  • Torn muscles or ligaments

  • Impact injuries from accidental collisions

  • Falls resulting in moderate injury

  • Injuries caused by misjudged movements

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4.3 Serious Injuries:

  • Broken bones or fractures

  • Concussions or head impacts

  • Severe sprains or dislocations

  • Significant muscle tears

  • Injuries caused by unexpected movements during partnered drills

  • Injuries caused by collisions with equipment or other participants

  • Injuries resulting from slips, trips, or falls

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4.4 Other Risks

  • Breathing difficulty due to exertion

  • Dizziness or fainting

  • Emotional distress caused by physical contact

  • Injuries resulting from another participant’s inexperience, enthusiasm, or accidental actions

  • Injuries caused by environmental factors such as uneven surfaces or weather conditions (for outdoor training)

The Parent/Guardian acknowledges that this list is not exhaustive and that other injuries may occur.

 

5. Personal Property Damage and Loss

Martial arts training involves grappling, rolling, and close-contact drills. As a result, personal property may be damaged or lost. This includes:

  • Torn uniforms

  • Damaged clothing

  • Broken jewellery

  • Scuffed footwear

  • Loss of items brought to class

Jewellery and shoes are not permitted during training. Any damage to prohibited items worn or brought into class is entirely the responsibility of the Parent/Guardian. Items left behind at training are not the responsibility of the Program. The training hall is hired from a third-party venue, and all lost-property enquiries must be directed to hall management.

 

6. Medical Fitness and Disclosure

The Parent/Guardian confirms that the Participant is physically and medically fit to engage in martial arts training. The Parent/Guardian agrees to disclose any relevant medical conditions, including but not limited to:

  • Asthma

  • Heart conditions

  • Joint instability

  • Previous fractures

  • Neurological conditions

  • Allergies

  • Any condition requiring medication

  • Any condition affecting balance, coordination, or physical exertion

Failure to disclose such conditions may result in increased risk. The Program is not liable for injuries arising from undisclosed medical issues.

 

7. Behaviour and Compliance

The Participant must follow all instructions given by instructors. Failure to comply may result in removal from an activity or class. Unsafe behaviour increases risk and may result in injury to the Participant or others.The Program is not responsible for injuries resulting from deliberate disregard of instructions or unsafe behaviour.

 

8. Parental Observation Rights

The Parent/Guardian may observe any class and may withdraw their child from any activity at any time. Observation must not interfere with class operations or safety.

 

9. Release of Liability

By allowing your child to participate, you release, waive, and forever discharge Alan Figueroa, assistant instructors, guest instructors, volunteers, visitors, and fellow participants from any and all liability for accidental injury, including injuries resulting from:

  • Ordinary negligence

  • Actions of other participants

  • Unpredictable movements

  • Contact inherent to martial arts

  • Use of training equipment

  • Falls, slips, or collisionsWarm-ups, conditioning, or games

  • Environmental factors

This release applies to all claims except those arising from gross negligence, which cannot legally be waived.

 

10. Indemnity Clause

The Parent/Guardian agrees to indemnify and hold harmless Alan Figueroa, assistant instructors, guest instructors, volunteers, visitors, and fellow participants from any claims, demands, damages, or legal actions brought by the Participant or any third party arising from the Participant’s involvement in the Program.This indemnity includes:

  • Legal costs

  • Damages

  • Claims made by other participants

  • Claims made by family members

  • Claims made by insurers

  • Claims arising from the Participant’s behaviour

 

11. Financial Limitation

Any legal claim brought against the Program is limited to the tuition paid for the term in which the injury or loss occurs. This limitation applies to all claims arising from accidental injury or property damage.

 

12. Governing Law and Jurisdiction

This Agreement is governed exclusively by the laws of Western Australia. Any dispute, claim, or legal action arising from participation must be brought only within the jurisdiction of Western Australia.No other jurisdiction is permitted.

 

13. Severability

If any part of this Agreement is found to be invalid or unenforceable, the remaining sections shall continue in full force and effect.

 

14. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral, relating to the subject matter herein.

 

15. Acknowledgement

By allowing your child to participate, you confirm that you have read and understood this Agreement, that you accept all risks described herein, and that you voluntarily agree to the terms of this liability release.

DMX Martial Arts
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