1) Nature of Activity & Risks
Brazilian Jiu Jitsu and related training (including drills, sparring/rolling, strength & conditioning, competitions, seminars and open mats) are recreational services that involve obvious and inherent risks of physical harm. Risks include, without limitation: muscle strains/tears, joint injuries (e.g., shoulder, knee, elbow), spinal/neck injuries, fractures, concussion or head injury, asphyxiation or loss of consciousness from chokes, cuts/abrasions, dental injury, communicable diseases (including skin infections), and, in rare cases, serious injury or death. I understand and voluntarily assume these risks and their materialisation during participation.
2) Medical Fitness & Disclosures
I warrant I am medically and physically fit to participate. I will disclose relevant medical conditions (e.g., cardiovascular, neurological, musculoskeletal, bleeding disorders, diabetes, pregnancy) and medications; and I will not train while ill, injured, under the influence of alcohol/drugs, or against medical advice. I authorise BJJ101 Academy Pty Ltd staff to provide basic first aid and to obtain emergency medical care (including ambulance). I accept responsibility for related costs.
3) Safety Rules & Participant Conduct
I will follow all instructions from coaches; use appropriate hygiene (clean GI/no-GI attire, trimmed nails, no open wounds on mats); remove jewellery; and use protective equipment where advised (e.g., mouthguard). I will not engage in dangerous conduct (e.g., slamming, illegal techniques for my level).
4) Release, Waiver & Indemnity (to the maximum extent permitted by law)
To the fullest extent permitted by law, I release and discharge BJJ101 Academy Pty Ltd, its directors, employees, contractors, volunteers and insurers from all claims I may have arising from participation in the activities and use of the premises/equipment, except to the extent liability cannot lawfully be excluded.
I indemnify those released from any third-party claims arising from my negligent or willful acts or breach of this waiver.
5) Recreational Services – Exclusion/Restriction of Consumer Guarantees
(Australian Consumer Law (Cth) s 60–61, Competition and Consumer Act 2010 (Cth) Sch 2; CCA s 139A; Fair Trading Act 1987 (SA) s 42)
I acknowledge the services supplied are “ recreational services ”. To the extent permitted by CCA s 139A and Fair Trading Act 1987 (SA) s 42, the following consumer guarantees are excluded, restricted or modified in relation to my participation:
- the guarantee that services will be rendered with due care and skill (ACL s 60); and
- the guarantee that services will be reasonably fit for purpose (ACL s 61).
Important: This exclusion/restriction applies only to liability for death or personal injury (which includes physical or mental injury, aggravation or acceleration of such an injury, contraction/aggravation of a disease), as permitted by law. Nothing in this waiver excludes liability for conduct that cannot be excluded under the ACL (e.g., certain misleading or deceptive conduct), or where exclusion would be unlawful.
6) Notice about “Obvious Risks”
I acknowledge that some risks are obvious and inherent to grappling sports and that, consistent with SA law, a person may not be liable for harm suffered as a result of the materialisation of an obvious risk. This acknowledgement supports (but does not replace) my assumption of risk in clause 1.
7) Personal Property
BJJ101 Academy Pty Ltd is not responsible for loss, theft or damage to personal property brought onto the premises.
8) Minors (Under 18) – Parent/Guardian Consent & Indemnity
Where the participant is under 18, the parent/guardian: (a) warrants the minor is fit to participate; (b) consents to participation and to emergency medical treatment; (c) agrees the exclusions/limitations in clause 5 apply to the minor to the extent permitted by law; and (d) indemnifies BJJ101 Academy Pty Ltd for any loss arising from the minor’s claims to the extent the law allows. (Note: a minor’s ability to release future claims can be limited; the indemnity in this clause is intended to operate to the maximum extent permitted.)
9) Image / Website and Social Media Consent (optional)
I hereby release BJJ101 Academy Pty Ltd inclusive of BJJ101 Academy Pty Ltd’s representatives, employees, managers, members, officers, parent companies, subsidiaries, and directors, from all claims and demands arising out of or in connection with any use of said “Materials”, including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights. I authorise and agree that BJJ101 Academy Pty Ltd may take and use photographs, videos or likenesses of myself or my child as needed for its record keeping, advertising, social media and/or public relations projects and that I have no rights to the same and will not be compensated for the same. The Participant declares that they have read and that they understand the terms of the above Waiver and Release and now signs this Waiver voluntarily.
I consent to BJJ101 Academy Pty Ltd using photos/video of me taken during training/events for coaching or promotional purposes (website, social media, print). No royalty is payable. Do you consent? YES / NO
10) Privacy
Personal information is collected to manage participation and safety. It will be handled in accordance with BJJ101 Academy Pty Ltd’s privacy policy and applicable law.
11) General
If any part of this waiver is invalid, the remainder continues in force (severability). This agreement is the entire understanding regarding its subject matter and is governed by the laws of South Australia, with courts of SA having exclusive jurisdiction.