Client Service Agreement and Terms of Use
“Open Path Martial Arts” is a program by Sensei Beatrix Scarlett Samuelsson offered through the “Family Goju Karate” Martial Arts School operated by Sensei Beatrix Scarlett Samuelsson and Sensei Hans Erik Daniel Samuelsson.
By entering our premises or participating in our programs you agree to the Family Goju Karate terms and conditions as per the below plus the additional amendments.
THIS ACTIVITY WAIVER & RELEASE (this “Agreement”) dated (as per your submitted response date)
BETWEEN
The Participant
OF THE FIRST PART
AND
Hans Erik Daniel Samuelsson t/a Family Goju Karate AND
Beatrix Scarlett Samuelsson t/a Open Path Martial Arts
known as Family Goju Karate
(the “Activity Provider”)
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.
Details of Activity
The Participant will participate in the following activity: Martial Arts lessons in
Baldivis and/or Atwell and/or Canning Vale, or any centre which Family Goju Karate operate a class.
Concurrent Release
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of Western Australia.
Client Service Agreement
By entering our premises or using our services you agree to the following;
I/We acknowledge that the training fees must be paid on time and kept up to date at all times.
I/We acknowledge that the training fees are for unlimited training both face to face in the Dojo and over Video Link.
I/We acknowledge that to stop payments, we must let Family Goju Karate know immediately and in writing. Please direct email to office@familykarate.com.au. Once your Trial Membership ends to allow for processing time in systems outside of our control we must have a minimum of 7 days notice. During your Trial Membership we will not need this notice period and you can cancel at any time.
I/We acknowledge that Karate training is a continual exercise that should occur all year round. Family Goju Karate has structured the school to support students training remotely as well as in person. While suspending training due to significant injury is acceptable, suspension due to holidays or being physically unable to attend the Dojo is not.
I/We acknowledge that we will be respectful while watching karate classes and will not talk, shout out to students training or let siblings make noise or run onto the training area.
I/We acknowledge that jewellery is to be kept to a minimum while training. No watches, ear rings or other piercings are to be worn.
I/We acknowledge that all students must bow to the front of the dojo when entering and leaving the training area.
I/We acknowledge that all students must have their “notice of intent to promote” signed by parents and school teachers to be eligible for grading.
I/We certify that the students we are enrolling are in excellent health and acknowledge that during all times whilst on the training premises both my property and my person shall be of own risk and I will not hold Family Goju Karate or its members liable for any property loss and damage or personal injury. For more information see the Waiver agreed to as part of registering a student.
I/We promise to uphold the true spirit of karate-do and never use my skills that I learn against any person, save for self defence of myself, family or friends, in the instance of extreme danger of unprovoked attack or in support of law and order.
I/We acknowledge that classes will be recorded for quality and security purposes.
I/We acknowledge that classes will be broadcast over Video Link to students attending remotely.
I/We acknowledge that we will not attend class if we are sick, we will attend from home via video link.
I/We acknowledge that we will personally escort our children from Family Goju Karate premises at the conclusion of their time in our centres or notify Family Goju Karate in writing of alternative arrangements as well as taking full responsibility for their safety when they leave Family Goju Karate premises.
I/We acknowledge that the grades issued or not issued by the school are not to be discussed under any circumstances with any one other than to offer genuine congratulations, encouragement and positivity.
Family Goju Karate purposely issues Kyu Grades only for coloured belts up to and including Black with White Stripe.
Black Belt and Dan Grades are issued by an external assessor to assure the Quality of students and provide linkage to the wider Martial Arts community.
Do not ask for gradings for yourself or others – Students will be offered the grade they are due.
Someone else’s grade is none of your business – The grade of a student may not relate to visible attributes and ‘judgement’ based on the colour of a belt shows a distinct lack of understanding of martial arts.
A Student’s grade shows their stage of training and does not imply authority or superiority over any other student.
Breaches of the above principles are deeply toxic and damaging to the culture of the Dojo and its students.
These requirements are to be reinforced by all associates of the Dojo in all forums. Repeated breaches will not be tolerated and may result in expulsion.
By entering our premises, purchasing classes either individually or via a training plan or logging on to our online training programs you agree to the above.
Privacy Policy
In Australia, Client Information will be retained as per the principals provided by the Australian Government’s Office of the Australian Information Commissioner available at https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles
Our Policy is as follows;
We respect the privacy needs of our Suppliers and Clients. Maintenance of a privacy policy is of vital importance to us as it helps foster confidence, goodwill and stronger relationships with our Suppliers and Clients. This privacy policy covers the relationship between Family Goju Karate and its Clients and Suppliers.
We require information related to our suppliers, clients and students in order to support them fully and respect the trust our clients have put in us by supplying this information. Where Suppliers or Clients need to view the information retained about them or their children we acknowledge their right to do so and will provide access in as timely a manner as possible.
Where requested we will endeavour to provide anonymity or pseudo-anonymity to our suppliers or clients to the best of our abilities.
Any personal information received which is not solicited will be destroyed or changed to de-identify the person as soon as is practicable.
Where our privacy policy changes we will communicate this update through our public online presences.
We may use your personal information to present special offers to you. Part of that communication will include the ability to opt out of future communication.
We may also disclose personally identifiable information to third parties not covered by this privacy statement that want to market products or services to you. Prior to sharing this information we will provide you with an opportunity to opt out or block such uses either at the point of submission of your personally identifiable information or prior to any such disclosure.
Your personal information will be retained in a secure manner and protected from misuse, interference, loss, and unauthorized access, use and disclosure. Family Goju Karate uses Google’s Cloud Services including Mobile Device Management to control and secure access to personal information.
When your personal information is no longer needed for the purpose it was collected for, that information will be destroyed in a reasonable manner.
While we may disclose personal information of clients to third parties not covered by this privacy statement no information regarding minors will be shared unless required by law.
Additional Terms
In addition to the Terms and Conditions above the following applied to “Open Path Martial Arts”:
Payments
I/We acknowledge that to stop "Open Path Martial Arts" payments, we must let Open Path Martial Arts know in writing by email to office@openpathmartialarts.org
Social
I/We acknowledge that "Open Path Martial Arts” and any of its staff may, in its sole discretion, determine that ongoing training from a student is a danger to the wider community and reserves the right to terminate training. In these instances, refunds may not be issued (to the extent permitted by law.)
I/We acknowledge that displays of affection will be kept to a minimum at all times during training to ensure a safe space is fostered.
Feedback
I/We acknowledge feedback about Open Path Martial Arts can be submitted to openpathmartialarts.org/feedback