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Indemnity Form

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Membership

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1. Participant’s right to seek information and legal advice:

This is an important document which affects the Participant’s legal rights and obligations. The Participant should read it carefully and not sign it unless satisfied that he/she understands it.
If the Participant has any questions or requires any information about this form and/or the Activity the Participant is entitled to seek clarification from a staff member.
The Participant is entitled and encouraged to seek legal advice before signing this form and the Activity Provider recommends that he/she does so.
Participant to sign here to confirm that he/she has been advised of his/her right to seek information and legal advice and has been given the opportunity to do so.
Participant to sign here to confirm that he/she has participated as an audience member and watched one Activity and acknowledges and accepts the way in which classes are conducted and the associated risks of the Activity.
In the event the Participant does not participate as audience member pursuant to clause 3.5, the Participant and Legal Guardian agrees that they have voluntarily denied their right to participate as an audience member prior to participating in an Activity. Participant and Guardian to sign here if Participant has waived his/her right to participate as an audience member prior to participating in the Activity

2. Definitions: In this document the following words have the following meanings ascribed to them:

Activity: Includes but is not limited to: Boxing, Muay Thai, Brazilian Jiu Jitsu, Grunt Fit, wrestling, any form of mixed martial arts (MMA) including group or personal training, and own training together and separately referred to herein as the “Activity” at any Phoenix Combat Sports Gym facility or provided by Phoenix Combat Sports Pty Ltd at any location.
Activity Provider: PHOENIX COMBAT SPORTS PTY LTD (ACN: 006 586 661) including: Phoenix Combat Sports Gym, Phoenix Promotions, Phoenix Training Systems Pty Ltd, ACT Muay Thai, Phoenix Muay Thai and their agents, volunteers, coaches and staff.
Legal Guardian: The person described at clause 2 above.
Participant: The person described at clause 1 above.
Phoenix Gym means Activity Provider.
Risk Warning Acknowledgement and Assumption of Risk Release and Indemnity means this document and its annexures.

3. Acknowledgement by Participant:

The Participant acknowledges and understands:
That the Activity the Participant is to undertake is a dangerous recreational activity and may involve a significant risk of physical or mental harm; and
That by participating in the Activity the Participant is exposed to a wide range of risks and the possible consequences of those risks; and
That the Participant is not required to engage in the Activity and does so of the Participant’s own volition; and
That whilst participating in the Activity:
The Participant may be injured, physically or mentally, or may die; and/or
Other persons assisting with or participating in the Activity may cause the Participant injury; and/or
The Participant may, in consequence, suffer considerable financial consequences; and
Notwithstanding the foregoing possibilities the Participant freely and voluntarily assumes the risk and responsibility for any injury, death or property damage or loss resulting in or from the Participant’s participation in the Activity.

4. Release of indemnity to the Recreational Activity Provider:

Except to the extent that the same may be precluded by law, the Participant agrees as follows:

The Participant freely and voluntarily participates in the Activity at the Participant’s own risk and responsibility.
The Participant has made his/her own enquiries and has satisfied his/her self as to the risks associated with the Activity.
The Participant releases, indemnifies and holds harmless the Activity Provider, its servants and agents, from and against all and any actions or claims which may be made by the Participant or on the Participant’s behalf or by other parties for or in respect of or arising out of or incidental to the Activity, including any claim arising out of any injury, loss, damage or death caused to the Participant or the Participant’s property whether by negligence, breach of contract or in any way whatsoever or any liability that results from the breach of an express or implied warranty that the Activity will be rendered with reasonable care or skill.
In the event that the Participant is injured, or the Participant’s property is damaged, or the Participant suffers any loss in consequence of or incidental to the Activity, the Participant will bring no claim, legal or otherwise, against the Activity Provider in respect of that injury, or damage, or loss.

5. Legal Guardian’s acknowledgement and agreement if the Participant is under 18 years of Age:

The Legal Guardian hereby acknowledges and agrees that the Legal Guardian:
Has read the whole of his document and understands it; and
Subject to clause 3.6 the Guardian has participated as an audience and watched one Muay Thai/Boxing/grunt fit class etc. and acknowledges and accepts the way in which classes are conducted and is aware of the risks associated the associated with participating the Activity.
Having full authority so to do consents to the Participant participating in the Activity and will indemnify and release the Activity Provider from all liability arising in consequence of that participation; and
Is aware of the risks, dangers and obligations set out above in this document and has satisfied his/her self as to the same and have discussed them with the Participant; and
Is aware of the risks, dangers and obligations set out above in this document and has satisfied his/her self as to the same and have discussed them with the Participant; and
Whether a parent or guardian of the Participant, the Legal Guardian shall at all times during the Activity remain ultimately responsible for the welfare of the Participant.
In consideration of the Participant being accepted to participate in the activity, the Legal Guardian agrees to release and indemnify the Activity Provider in the same manner and to the same effect and extent as if the Legal Guardian were the Participant named in this document and participating in the Activity

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