There are 2 parts to this Contract.
Part 1 : CHEN TAI CHI PRE-EXERCISE SCREENING SYSTEM (APSS). Please fill in this pre-exercise screening form, if you have not already done so.
Part 2: This waiver form. Sign and submit online.
TAI CHI IS DANGEROUS
The following conditions must be read carefully:
I, the Applicant, hereby agree to be bound by the terms of this Contract with Chen Tai Chi Academy (hereinafter Academy) 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 Tai Chi, to instruct me in Tai Chi and related activities (“the service”) upon and subject to the following terms and conditions:
The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant by letter or memorandum or by a notice displayed in the provider’s premises or premises occupied by the provider or verbally or website or email.
(b) Medical Conditions
The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, 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 Tai Chi. The applicant further warrants that he/she has provided information on any and all pre-existing medical conditions.
(c) Exclusion of Applicant
The Applicant warrants that he or she has not at any time been excluded from Tai Chi by a medical practitioner or any person or entity including a Tai Chi Club.
(d) Rights of a Consumer
If the Trade Practices Act 1974 or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operate for the benefit of the Applicant. Under the provision of that legislation, those terms and rights, and any liability of the supplier flowing from them, cannot be excluded, restricted or modified by any provision of the contract.
PLEASE NOTE THE FOLLOWING:
If the Trade Practices Act 1974 or similar state laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the offeror for breach of those warranties is limited to:
the re-supply of the Tai Chi instruction and related activities; or
the payment of the cost of having the Tai Chi 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 for 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 Tai Chi or in connection with Tai Chi or in anyway caused by, or arising out of, any activity carried on by the indemnified.
I, the Applicant, agree to occupy and use the premises of the Academy at risk to myself and release to the full extent permitted by law Sien Long Chong, Jasmine Bu, Chen Tai Chi Academy, and its instructors, 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 while undertaking training in Tai Chi with the Academy.
(f) Tai Chi done at Applicant’s own Risk
Any person training Tai Chi, or in activities connected with Tai Chi or participating in any activity carried on by this Academy are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
Tai Chi not to be taught by Applicant
The Applicant agrees that he/she is in no way qualified or authorised to teach Chen Tai Chi publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of Academy.
Agreement to abide by the Academy Rules
I, the Applicant, agree that I will abide by the Academy Class Code of Conduct and agree and acknowledge that any failure to abide by the rules of the Code of Conduct may result in my expulsion from the Academy.
I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation with CHEN TAI CHI ACADEMY. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in the CHEN TAI CHI ACADEMY.
Performance of the provider’s obligations under the contract may be affected by any one or more of the providers either jointly or severally.
(h) Governing Law
Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Western Australia and the Courts of the Commonwealth of Australia shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
(i) 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.
In addition to Chen Tai Chi Academy, the providers in respect of this agreement include :
If a City’s Hall is being hired or if not the principal representatives of the venue being hired
The staff, instructors, venue providers, including but not limited to :
Chen Tai Chi Academy,
Sien Long Chong,
All Chen Tai Chi Academy’s instructors,
All venues hired or used by Chen Tai Chi Academy