Terms of service

• I ACKNOWLEDGE AND AGREE that ELEMENT BJJ PTY LTD (‘Element Martial Arts’) may update the changes to this agreement at any time without my consent. In this event, I acknowledge that I will be notified a change has been made to the agreement and be directed to where information of the change can be found. I acknowledge and agree that I can terminate this agreement within 30 days of receiving the notice of change without any costs to me. I acknowledge and agree that if I do not terminate this agreement within 30 days of the notice, I have accepted the changes to the agreement for the remainder of the term of my agreement.

• I ACKNOWLEDGE that Element Martial Arts has policies and guidelines in place to provide a safe and healthy environment for members and visitors and which govern my dealings with Element Martial Arts. These policies are available to all members on request, or available online. I agree to abide by these policies and guidelines, and display the behaviour outlined in the Element Code of Conduct, which can be found on the website. I acknowledge and agree that these policies may be amended from time to time, and that I will review the policies to ensure that I am aware of any changes.

• I ACKNOWLEDGE that I can request a suspension of the term of this agreement of up to 3 months, upon providing 14 days’ notice to Element Martial Arts of with that request, subject to Element Martial Arts’ policies.

• I AGREE to pay my membership fees in the amounts and frequency set out in my application form, and that those fees are due in advance. I acknowledge and agree that Elements Martial Arts may charge an administration fee and interest if my payment is overdue by more than 5 days, and, or suspend my ability to use its facilities and any services provided to me.. I understand that any product purchases (such as uniform, drinks, events costs) are payable upon delivery. I acknowledge that special order items/tickets are payable before the order is placed and I understand that orders are subject to stock order placement overseas, with delivery times of up to 3 months.

• I ACKNOWLEDGE that occasionally, photos and videos from competitions and practices may be used in promotions or training review for Element Martial Arts. I agree to allow my image, or the image of a minor participant of who I am the legal or parental guardian of, to be used for this purpose and that I will not be compensated. I also understand that once a promotional item has been produced, it may not be possible to remove my image or the minor participant’s image from the production. I agree that Element Martial Arts may amend the images or recordings at its sole discretion.

• I ACKNOWLEDGE AND AGREE that Element Martial Arts will never share my contact information to third parties for commercial purposes. However, I may be contacted by the team members about team announcements and information relevant to membership.

• I WARRANT that I am in good mental and physical condition and I have no injury, disease or disability, nor have I injected or ingested anything that would impair my performance or physical condition or increase the likelihood of injury in competing or participating in this event. No physician, nurse, therapist, trainer, coach, manager or other person has advised me not to compete or participate in a BJJ, MMA or any other body contact sport, or that I have any health condition that would put me at risk if I participate in such activities. I agree to notify Element Martial Arts as soon as practical, if I incur any injury or health issues within the term of this contract.

• I AGREE to advise Element Martial Arts in the event of any medical, personal, or contact detail changes, and will not undertake any activity with Element Martial Arts if I have been notified of a health condition that may place me at risk.

• I ACKNOWLEDGE Element Martial Arts provide a physical contact activity, and my participation might result in serious injury, including permanent disability or death, and severe social and economic loss.

• I ACKNOWLEDGE AND AGREE that while the Element Martial Arts coaches will do all they can to make training safe, effective and enjoyable, I am choosing to partake in these activities at my own risk. I give permission for the coaches and/or club representatives to act in the manner they best see fit in the event of injury or illness, and accept all expenses and costs in this event. I agree to follow all reasonable instructions of all Element Martial Art coaches or representatives.

• I AGREE to assume all risks, both known and unknown, and all consequences arising out of, or in connection with my competing or participating in activities at Element Martial Arts, except to the extent caused by the negligent acts of Element Martial Arts or its representatives.

• I RELEASE, waive and discharge, from any and all liability, and agree not to sue Element Martial Arts, including its officers, instructors and personnel, all claims, demands, losses and damages, whether direct or consequential, of injury, including death or damage to property, in whole or in part, except to the extent caused by the negligent acts of Element Martial Arts.

• I ACKNOWLEDGE AND AGREE that in the event I become unconscious or incapacitated (even if only temporarily), I authorise Element Martial Arts to contact my emergency contact, and seek and follow their instructions. If Element Martial Arts is unable to obtain instructions from my emergency contact, I authorise Element Martial Arts to seek medical assistance for me, including booking an ambulance. I agree that I am responsible for all medical costs that arise.

• I ACKNOWLEDGE that Element Martial Arts holds public liability insurance in the amount of $20,000,000 ($20 million). I agree that Element Martial Arts’ liability to me for any claim that I may make will be limited to the amount Element Martial Arts can recover from its insurer. I acknowledge that nothing in the terms of this agreement excludes, restricts or modifies the application of the provisions of any statute (including the Australian Consumer Law) where to do so would contravene that statute or cause any of these terms to be void.

• I ACKNOWLEDGE AND AGREE this agreement is made between myself and Element Martial Arts, and they have entered into this agreement and provided its services in reliance to the accuracy on each of the warranties and acknowledgements in this agreement. I agree and acknowledge that warranties I have made in the agreement are made now and on each occasion that I receive services from Element Martial Arts.

• I AGREE that that this agreement is personal to me and may not be assigned. It does not apply to my next of kin, heir(s), or successors.

For parent or legal guardian of participant under 18 years old

• I ACKNOWLEDGE AND AGREE that I am a parent or legal guardian of the person specified above, and I guarantee his or her adherence to the obligations in these terms and also the accuracy of any warranties or representations made by him or her. I consent for him or her to participate in activities provided by Element Martial Arts. I acknowledge and agree to instruct him or her to the warnings and conditions of Element Martial Arts. I acknowledge and agree that I am responsible for the minor participant at all times, and I agree not to leave him or her alone if the minor participant is under 13 years old.