The following conditions must be read carefully:
"The Applicant" means the individual who signs this Contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age.
The Applicant, hereby agree to be bound by the terms of this Contract with Gold Dragon Tai Chi 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 arranged by them for participation in Tai Chi / QIGONG to instruct me in TAI CHI / QIGONG and related activities ("the service") upon and subject to the following terms and conditions:
(a) Course Fees
The Applicant will pay on demand the prescribed or stated fees for the services. Such fees may be notified to the Applicant by letter or memorandum or by email to the Applicant or verbally.
To be eligible for the inclusion in the TAI CHI / QIGONG training, the Applicants must be a legitimate member of Gold Dragon Tai Chi Academy and pay on demand the prescribed or stated membership fees. Such fees may be notified to the Applicant by letter or memorandum or by email to the Applicant or verbally.
(c) Medical Conditions
The Applicant warrants that he or she:
i. is not presently suffering from or receiving treatment for any condition
ii. has given to the providers information about any present or pre-existing condition
which may render it unsafe to take part in any aspect of training for TAI CHI / QIGONG
The Applicant further warrants that he or she will inform the providers before taking part in any class in the future if he or she becomes aware of any such condition.
(d) Exclusion of Applicant
The Applicant warrants that he or she has not at any time been excluded from TAI CHI / QIGONG by a medical practitioner or any person or entity including a Tai Chi / Qigong Club/Academy/School.
(e) 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 operates 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 offerer for breach of those warranties is limited to:
(i) the re-supply of the TAI CHI / QIGONG instruction and related activities; or
(ii) the payment of the cost of having the TAI CHI / QIGONG and related activities supplied again.
(f) 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 / QIGONG or in connection with TAI CHI / QIGONG or in any way 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 Gold Dragon Tai Chi Academy at risk to myself and release to full extent permitted by law (Francis Choi and Cecilia Choi Chow), The Gold Dragon Tai Chi Academy, and its 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 / QIGONG with the Gold Dragon Tai Chi Academy.
(g) TAI CHI / QIGONG done at Applicant's own Risk
Any person training TAI CHI / QIGONG, or in activities connected with TAI CHI / QIGONG 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.
(h) Personal Property
The Applicant accepts that neither Gold Dragon Tai Chi Academy nor its agents or employees shall be responsible for any loss or damage to such personal property or equipment that the Applicant brings to the training venue.
(i) TAI CHI / QIGONG not to be taught by Applicant
The Applicant agrees that he/she is in no way qualified or authorized to use or adopt the training method applied by the providers to teach TAI CHI / QIGONG publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Gold Dragon Tai Chi Academy.
(j) Agreement to abide by the Academy Rules
I, the Applicant, agree that I will abide by the Gold Dragon Tai Chi Academy Class Code of Conduct and agree and acknowledge that any failure to abide by rules of the Code of Conduct may result in my expulsion from the Academy.
(k) Use of Image
I hereby grant my consent on any photographic or video image of my training, performance and demonstration to be used by Gold Dragon Tai Chi Academy or any entity that Gold Dragon Tai Chi Academy so authorizes for the promotion of the Academy or Tai Chi / QIGONG generally. I agree that I will make no claims on the use of my image on training, performance and demonstration
Performance of the provider's obligations under the contract may be effected by any one or more of the providers either jointly or severally.
(m) Governing Law
Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Queensland and the Courts of Queensland shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
(n) Statement of Understanding
I, the Applicant have read, or have had read to me the above terms and conditions and having understood the same, I consent to the terms and conditions proposed.