Terms and Conditions – Martial Arts

These terms and conditions apply to all classes / programs and physical goods or services supplied by Nutaofit Martial Arts Academy (NMAA), Flying Dragon TKD, Bayside Ladies Kickboxing and Advanced Defensive Tactics. They are to be read in addition to and will prevail over any additional terms and conditions specified for any individual purchase of courses supplied by NMAA. In so completing the trial class application or enrolling as a member and in consideration of your or your child’s application for entry to any NMAA and its affiliates listed above, you acknowledge, warrant and agree that:

Interpretation: NMAA means its permitted successors and assigns. Agreement means this document, or Enrollment Form as well as any schedule or annexure to this document. Representative means any of NMAA’s directors, officers, contractors, sub-contractors, servants, agents or other representatives.

Payment: All fees, NMAA’s classes, programs or courses and availability of these are subject to change without notice. Full payment of fees is required in advance for all NMAA classes, etc. and is the mechanism for securing your or your child’s place in classes, etc.
NMAA uses an online system with a portal for students / parents / guardians to access their invoices, receipts and training material where applicable. Invoices and receipts are sent through by email, and due for payment during the first week of the month, unless otherwise agreed. NMAA has available EFTPOS facilities for initial programs and merchandise payments; tuition fees are paid by credit card Direct Debit by all students.
Pro-rata payments for some programs can be arranged on application.

Refund: NMAA does not provide refunds or credits for missed classes. In cases of illness by you or your child it is your responsibility to notify NMAA of change of circumstances; NMAA does provide for you or your child to do make up class in the following 4 weeks only.
Once a month’s classes, etc has commenced, you are not entitled to a refund or credit. It is your responsibility to contact NMAA about any changes in circumstances. Introductory Offers / Programs: Where NMAA has been given at least 2 weeks prior written notice of your intention to withdraw yourself or your child from classes or program, you will be entitled to a full refund or credit. Existing students with membership in classes greater than 2 months, requires 1 month prior written notice of intention to withdraw, and fees are still payable for allocated classes, etc. until notification is received by NMAA. Where student’s membership is less than 2 months and the relevant classes, etc. has not commenced and where NMAA has been given less than 5 business days prior written notice of intention to withdraw from a class, you are entitled to a full refund or credit less a 50% cancellation fee from monies received.

NMAA’s Rights: NMAA may: Vary the delivery of a course at any time without notice. Cancel or postpone a class up to 24 hours prior to the commencement of that class, program or course. Where a class, etc. is cancelled by NMAA, you will be offered the choice of a makeup class or credit for that class only. Refuse your entry or continuation to a class, etc. if NMAA Representatives have deemed (at their sole discretion) you or your child not to be medically or physically fit to participate. However, NMAA is not able to provide advice concerning medical fitness to undertake any exercise or activity and that it is your responsibility to seek medical advice in this regard. Refuse you entry or continuation in a class, etc if NMAA’s Representatives have deemed (at their sole discretion) your child’s behaviour to be unacceptable, unsafe or inappropriate.

Warning: Participation in a NMAA martial arts or related class, etc. can be inherently dangerous. Accidents may happen which may result in my child being injured. You acknowledge that you have read and understood this warning and voluntarily accept and assume the inherent risks in you or your child participating in each relevant NMAA class, etc.

Fitness to Participate: You will immediately notify NMAA in writing of any change to your or your child’s fitness and ability to participate. Unless you notify NMAA otherwise, you understand and accept that NMAA will continue to rely upon this declaration as evidence of your or your child’s fitness and ability to participate.

Medical Treatment: You consent and authorise NMAA and its Representatives to administer or obtain medical assistance in the event of an accident or medical condition of you or your child may suffer whilst participating in a class, etc. and agree to pay for any costs or expenses incurred by NMAA in administering or obtaining such medical assistance including transportation by ambulance for treatment if required.

Exclusion of Liability: To the extent permitted by law and while all reasonable care is taken, NMAA and its Representatives cannot be held responsible and excludes all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity, goodwill and/or data, and failure to realise anticipated savings or benefits).

Release and Indemnity: To the extent permitted by law, you release and indemnify, and will keep indemnified, NMAA and all of their Representatives in relation to all claims which you now, or at any time in the future may have against NMAA, arising from or related in any way to the supply and my participation in NMAA classes, etc.

Privacy: You understand that the information provided is necessary for you or your child’s participation in any NMAA classes, etc.
You acknowledge and agree that the information will only be used by NMAA to facilitate the conduct of NMAA classes, etc. As part of your or your child’s enrolment with NMAA, you acknowledge that you may receive information from time to time about the products and services offered by NMAA. If you do not wish to receive such information from NMAA, you will notify NMAA in writing.

Photographs and right to use: Photos may be taken and used by NMAA for promotional purposes, without payment or compensation to you. Such photos are and will remain the property of NMAA. You may withdraw this consent at any time by notifying NMAA in writing.

Assignment: NMAA may assign or otherwise deal with this Agreement at its sole discretion. You cannot assign any rights under your agreement with NMAA without prior written consent of NMAA (which may not be unreasonably refused).

Severability: If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force. This Agreement cannot be amended. If you do amend it your application will be null and void and cannot be accepted by NMAA.

In providing the information required on the information form and signing the form you warrant that all information provided is true and correct. You have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity.

Where the applicant is under 18 years of age this Agreement is to be signed by the applicant’s parent or legal guardian.