Terms & Conditions

Application & Terms and Conditions

APPLICATION

In consideration for gaining access to 5/35 Tamara Dr, Cockburn Central WA 6164, (the “Location”) and engaging the services of Combat Defence Systems or any other location within the Australia, their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, insurers, instructors, and all other persons or entities acting in any capacity on their behalf, (herein after collectively referred to as “CDS”),

I on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, agree as follows;

Definitions & Interpretation

Applicant means the individual who signs this Application, his/her executors, administrators, dependents and other personal representatives, and agrees to be bound by its terms and includes a guardian, parent or power of attorney of that individual if the individual is less than 18 years of age and as named above. The providers agree to permit the applicant to participate in the training, seminar, workshop, online course or other activity provided at its Location or Online point of presence and that individual may be the Applicant referred to in this Application or an individual less than 18 years of age and as named above;

Martial Arts includes training materials, videos and or instruction provided by CDS and not limited to techniques and forms of Muay Thai Kickboxing, Kali, Silat, Combat Submission Wrestling, Shooto, Brazilian Ju Jitsu, Mixed Martial Arts and Jun Fan Jeet Kune Do Concepts.

In the interpretation of this Application Form (the “Application”):

a. words shall have the meaning ascribed by the Macquarie Dictionary on-line from time to time, subject to any meaning ascribed by the laws of Western Australia and where no such other law prevails, the Interpretation Act 1984 which shall prevail and apply to this Application including as if it were a written law; and

b. the interpretive provisions of the Interpretation Act 1984 shall apply to interpretation of any provision of this Application including as if it were a written law.

Responsible Use of Self Defence

The Applicant fully understands that CDS does not condone the irresponsible use of Self Defence, Martial Arts or related disciplines in dangerous or illegal activities which include street violence and/or assault.

The Applicant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The Applicant agrees that they will conduct themselves in an appropriate manner and will always act in a manner that is in the best interests of CDS.

Class Etiquette

The Applicant understands that they must adhere to the Class Etiquette guidelines at all times as outlined in the Class Etiquette document provided by CDS.

Martial Arts not to be taught by Participant

The Applicant agrees that they are in no way qualified or authorized to teach self defence or Martial Arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever, furthermore the Applicant understands that written permission must be obtained from CDS for such action.

Medical Assistance

If the Applicant is injured, the Applicant acknowledges that they may require medical assistance, which the Applicant acknowledges will be at the Applicant’s own expense or the expense of the Applicant’s personal insurer(s).

The Applicant hereby represent and affirm that they have adequate and appropriate insurance to provide coverage for such medical expenses.

The Applicant understands and agrees that all medical expenses incurred, including but not limited to any ambulance or transportation costs, will be the Applicant’s own responsibility if they are injured unless such injury was caused by greater than ordinary negligence of CDS.

The Applicant understands that there may be no or inadequate facilities for medical treatment or transport if they are injured.

The Applicant authorize the staff, instructors or students of CDS to act for the them according to their best judgment in any emergency requiring medical attention.

Recording

The Applicant grants CDS the right, without reservation or limitation, to videotape, and/or record them on closed circuit television. The Applicant further grant CDS the right, without reservation or limitation, to photograph, videotape, and/or record them and to use the Applicant’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials.

Copyright, trademarks, patents and intellectual property rights

The Applicant shall not use or infringe any trademark, trade name, patent, copyright or other intellectual property rights associated with the services, instruction or training supplied. The Applicant shall not, during or after the expiry or termination of this Application, without the prior written consent of CDS, adopt any trademark, name, trade name, trade style or commercial designation or design used by CDS or the manufacturer of any goods, reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of goods or services.

Governing Law

This Application shall be governed by and construed in accordance with the laws of Western Australia. Any dispute arising out of this Application shall be resolved in Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.

Force Majeure

CDS shall not be responsible or liable, for failure to perform or observe or for delay in performing or observing any obligation under this agreement were such failure or delay arises from any cause beyond the control of CDS, including but not limited to, strike, lockout, industrial action, act of God, insurrection, war, or civil commotion or any other cause which CDS could not reasonably be expected to avoid.

Entire Application

Subject to the terms of this Application all previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this document are merged in and superseded by this document and shall be of no force or effect whatever and no party to this Application shall be liable to any other party to this Application in respect of those matters.

No oral explanation or information provided by any party to this Application to another shall affect the meaning or interpretation of this document or constitute any collateral Application, warranty or understanding between any of the parties to this Application.

The Waiver terms and conditions shall prevail to the extent of any inconsistency and be applicable to services supplied in addition to the terms and conditions of this Application.

The Website Terms and Conditions located on the CDS website www.combatdefencesystems.com/termsandconditions shall prevail to the extent of inconsistency and be applicable to services supplied in addition to the terms and conditions of this Application. The Website Terms and Conditions may change from time to time without notice and the Applicant can review the latest terms and conditions by visiting the above-mentioned link.

MEMBERSHIP AGREEMENT

I (the applicant) Agree to pay equal and consecutive weekly payment amounts in accordance with my chosen membership type; and plus any applicable joining fee; and plus debit fees by means of direct debit from my nominated account;

Terms and Conditions

1. Billing fees apply to all bank account transactions, VISA, M/CARD & AMEX transactions in addition to CDS fees. These fees are in addition to your regular membership fees.

2. It is the responsibility of the Applicant to ensure adequate funds are in the nominated account before the due date of any scheduled debit as outlined in this Agreement. It is the Applicants responsibility to ensure that all bank details are valid and current. The Applicant will pay any costs incurred because of a failed debit.

3. A minimum fee of $9.90 (Inclusive of GST) will be charged for any failed debit from your account. Further fees may be charged if the outstanding amount is not recovered within 14 days. These costs may include but are not limited to any reasonable enforcement expenses and all debt recovery agent costs and all legal fees by CDS, and /or the Billing Provider and their representatives.

4. The additional EZIDEBIT fees and charges outlined are current as of the start date.

5. This is an ongoing membership agreement. Ongoing weekly membership debits as per your chosen ongoing membership option will continue indefinitely until notice of cancellation is received. Members may cancel their membership at any time by providing 30 days notice via completion and submission of our club cancellation form. The 30 days notice period begins on the date the notice is received or if you have an active suspension, from the date your suspension ends. Any scheduled membership payments that fall within the 30-day notice period will be processed as normal. Access to classes will remain active during the notice period and subsequent membership expiration date based on the date of cancellation.If the Applicant terminates the Agreement or stops the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to CDS for damages for breach of terms and conditions as agreed.

6. CDS reserves the right to alter Direct Debit Providers at any stage and will provide a minimum of 14 days notice of any such change. The Applicant may be required to provide new Direct Debit authority if the Direct Debit Provider is changed.

7. CDS reserve the right to increase payments by a percentage deemed to be in line with any increases in the cost of business expenses. The Applicant will be notified in writing via email.

8. Memberships may be suspended for a minimum of 2 weeks to a maximum total of 8 weeks per year from anniversary date of joining in the event of injury or extended travel only. All membership suspensions require 7 days’ notice prior to requested suspension date with specific dates and reason for suspension. Suspension requests will require the member to complete a membership suspension request form which can be obtained by emailing contact@combatdefencesystems.com.

9. CDS reserves the right to cancel memberships without refund of previous membership fees paid at any time.

10. There will be 14 days (in which classes are held) in any 12 month period where CDS does not operate (excluding public holidays). These periods are at the discretion of CDS. CDS fees are a membership rate irrespective of public holidays or the 14 days of closure per year mentioned above. Debits will continue for consecutive agreed fortnightly payments.

11. The proprietor of CDS shall be entitled to assign its rights and obligations under this Agreement to any new proprietor(s) of CDS. The proprietor(s) of the billing provider shall be entitled to assign its rights and obligations under this Agreement to any new proprietor(s) of the billing provider.

12. The Applicant shall not be entitled to any compensation for the failure to utilise the services of CDS.

13. This membership is non-transferable.

14. The Waiver terms and conditions shall prevail to the extent of any inconsistency and be applicable to services supplied in addition to the terms and conditions of this Agreement.

15. If the Applicant terminates this Agreement, the terms and conditions hereof shall survive such termination and continue to apply until all monies outstanding are paid in full.

16. The Applicant explicitly authorises CDS to use the information provided to assess creditworthiness, and for other purposes related to the Agreement. When conducting any credit check, CDS may give a credit reporting agency information about the Applicant but at all times will comply with the Privacy Act.

17. The execution of this application by the Applicant may be by signature below or other method acceptable to CDS including a verbal recording, email, eSignature or online acknowledgement. The application and consequent Agreement contemplated may also come into existence by the parties performance of obligations herein contemplated.

18. To fullest extent possible, any term in, provision of, phrase, words or word in this Agreement which is or are contrary to any law or have the effect of rendering void or voidable this Agreement or any part thereof, shall be read and construed as if such term, provision, phrase, words or word is or are deleted from and not applicable to the intent that such remaining part or parts of this Agreement will not be affected and shall remain enforceable and binding on the parties.

19. Any dispute between the parties to this Agreement shall be determined by and in any Court in Western Australia having jurisdiction.