Membership Terms & Conditions

Introduction

This website is owned and operated by Divergent Martial arts. By visiting our website  and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘Membership Agreement’). 

Membership Agreement

1) As  a member of Divergent Martial Arts, you agree to these terms and conditions, including the academy code. Where members are children, this agreement also extends to their parents/guardians. The word Member/s refers to the student.


2) Members will make an effort to follow the code of conduct.


3) Members understand that all content and materials available on  divergentmartialarts.com.au website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Divergent Martial Arts, and are protected by applicable copyright and trademark law. Any  inappropriate use, including but not limited to the reproduction,  distribution, display or transmission of any images or content on this  site is strictly prohibited, unless specifically authorised by Divergent Martial Arts.


4) Members understand that they are solely responsible for, and  Divergent Martial Arts will not be liable for, any consequences, losses, or damages that  we may directly or indirectly incur or suffer due to any unauthorised  activities conducted by you, as explained above, and may incur criminal  or civil liability.


5) Members will not teach the skills or drills learnt at Divergent Martial Arts publicly or privately unless with the explicit authorisation of an authorised Divergent Martial Arts representative.


6) Members completely understand that training can be dangerous. Any member participates in training and activities associated with training does so at their own risk. The member or his/her  representative (parent or guardian) hereby absolves and indemnifies Divergent Martial Arts, it's coaches, instructors, volunteers and  other students from all liability arising from injury, death or damage  however caused, including by the negligence of the indemnified, arising  out of any activity carried out by the indemnified.


7) All classes are subject to venue availability.


8) We reserve the right to close a class due to small numbers and to  reallocate enrolled members in a class at a different time and/or  location.


9) We reserve the right, at our sole discretion, to change, modify,  add or remove parts of this Membership Agreement, at any time. It is  your responsibility to check this Membership Agreement periodically for  changes.Your continued training/active membership following the posting  of changes to this Membership Agreement will mean that you accept and  agree to the changes.


10) On the day of enrolment and each time you or your child uses our training venue, you promise us that:
– you/your child are in good physical condition
– you know of no medical or other reason why you/your child cannot or should not do active or passive exercise


10) Where a refund has been requested, it is at the sole discretion of Divergent Martial Arts if a refund is eligible, or to be granted. Any refund granted will be less any amount charged by our Third-Party providers such as PayPal, Square, Stripe or our designated bank to have a payment processed.


11) We reserve the right to refuse membership to any individual without explanation.


SAFE TRAINING


Decisions and actions at Divergent Martial Arts contribute to a safe environment  placing great importance on the safety of students. We ensure  instructors keep valid accreditations. Our training venues are always equipped with a first aid kit and injury record forms to manage accidents.


MEMBERSHIP


  • If membership is cancelled, sessional  tuition will also cease.
  • Membership is offered at the sole discretion of Divergent Martial Arts chosen representative. We retain the  right to refuse membership or to cancel membership at our sole discretion.
  • Members are not entitled to refunds of the membership fee.
  • Members are not entitled to refunds of tuition unless deemed appropriate by Divergent Martial Arts.
  • Members are only eligible to train if they have no outstanding fees.
  • Members are only eligible to grade if they have no outstanding fees.
  • Tuition can be cancelled at anytime without incurring fees for doing  so. Please provide at lease seven days notice of cancellation, via  email, sms or phone.
  • We encourage students to train regularly for their own benefit.
  • Tuition starts and ends as per the membership type purchased.
  • If a class is missed, One (1) makeup class can be scheduled at the discretion of Divergent Martial Arts. Please let us know if you or your child cannot attend class, and  check with us to schedule a makeup session. Makeup lessons are subject  to availability and cannot be guaranteed.

PUBLIC HOLIDAYS


Divergent Martial Arts does not conduct classes on Public Holidays.

Health and Wellbeing Clause

I understand, and accept full responsibility, plus have consent for those I am registering to train at Divergent Martial Arts.


I am aware that the student is taking part in an activity that may cause injury, involve contact and is highly physical in nature, this applies to both trial students and those participating in ongoing classes.


The registered student does not have any ongoing or historic health issues  that may impede or stop the student from participating in classes. I will inform the instructor prior to any class of any injury or health issues for example: high blood pressure, asthma, epilepsy, diabetes heart conditions, medication, muscle, bone or joint issues including any allergies or any other reason I cannot or should not take part.


IMPORTANT: If the student is under the age of 18, a parent or guardian MUST make the registration and give consent to train!

Photo and/or Video Release

I understand, and hereby consent to Divergent Martial Arts, or one of their chosen representatives the right to take or use photographs or video of the registered student (and/or their property) to use in any  and  all  media  worldwide  including  online and/or offline media (such as Social Media Channels and Printed Literature),  now  or  hereafter, for  the purpose of advertising and branding purposes.


I hereby release to the Divergent Martial Arts all rights to exhibit this work in print and electronic form publicly or privately and to market copies. I waive any rights, claims or interest to control the use of the students identity or likeness in the photographs and agree that any   uses   described   herein   may   be   made   without  compensation   or   additional  consideration of the registered student, or myself as Guardian if the student is under the age of 18. 


I have read and understand the foregoing statement, and am competent to execute this agreement.

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