RISK WARNING, WAIVER AND RELEASE — TSE KUNG FU ACADEMY
(Hard Clutch Pty Ltd, ABN 34 678 262 809, trading as Tse Kung Fu Academy)
1. Nature of the activity and risks
Tse Kung Fu Academy provides Choy Lee Fut Kung Fu classes and related activities, including adult and children's classes and childcare incursions ("the Activities"). Participation in the Activities involves inherent risks, including but not limited to:
- Impact injury from striking, blocking, sparring or partner drills
- Sprains, strains, joint injury and muscle soreness
- Falls, collisions and contact with other participants or equipment
- Concussion or other head injury
- Aggravation of pre-existing injuries or medical conditions
- Injury arising from the outdoor park locations used for classes (uneven ground, weather exposure)
This is a general description of risk and is not exhaustive. By signing this form, you acknowledge that you have read and understood this risk warning, and that it constitutes a formal risk warning for the purposes of section 5M of the Civil Liability Act 2002 (NSW) and equivalent provisions in other States or Territories where applicable.
2. Voluntary participation and assumption of risk
I voluntarily choose to participate (or to allow the person named below to participate) in the Activities, in full knowledge of the risks described above, and I accept those risks.
3. Exclusion of liability
To the maximum extent permitted by law, including under section 5N of the Civil Liability Act 2002 (NSW), I agree that this waiver excludes, restricts and modifies any liability of Hard Clutch Pty Ltd, its instructors, employees, contractors and agents arising from breach of any express or implied warranty that the Activities will be provided with reasonable care and skill. This exclusion does not apply to the extent the law does not permit it to apply — including liability for reckless conduct or gross negligence, or where a non-excludable consumer guarantee applies under the Australian Consumer Law.
4. Release
I release and agree not to sue Hard Clutch Pty Ltd, its instructors, employees, contractors and agents for any injury, loss or damage arising out of my (or my child's) participation in the Activities, except to the extent caused by their reckless or grossly negligent conduct.
5. Health declaration
I confirm that I (or the participant named below) am, to the best of my knowledge, fit and healthy enough to participate in the Activities. I will notify the Academy of any medical condition, injury or disability that may affect safe participation, including:
6. Participants under 18
(To be completed by a parent or legal guardian if the participant is under 18 years of age.)
I am the parent/legal guardian of the participant named below. I have explained the nature of the Activities and the risks described in section 1 to the participant, in terms appropriate to their age and understanding. I accept this risk warning and the terms of this waiver on the participant's behalf, and I confirm I have authority to do so.
7. Emergency contact and medical treatment
In the event of injury during the Activities, I authorise Academy staff to arrange any necessary first aid or emergency medical treatment, and to contact:
