WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
 
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
 
In consideration of being permitted to participate in any way with the School of Historical Fencing, I :
1) am aware that I am ineligible to participate if I meet the criteria of a “Prohibited Person” as described in the Victorian Firearms Act (1996).
2) Acknowledge, agree and represent that I understand the nature of martial arts, swordsmanship, fencing and weapons training activities and that I am in proper physical condition to participate in such activities. I agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity and inform the instructor.
 
3) Fully understand that:
a) martial arts, swordsmanship, fencing and weapons training activities involve risks and dangers of bodily harm and injury, including temporary incapacity;
b) these risks and dangers include the use of training weapons which may strike the head, face, or any other part of the body during bouting or other exercises;
c) these risks and dangers may be caused by my own actions or inactions, and the actions or inactions of others participating in Events;
d) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the School.
 
4) Hereby release, discharge, and agree not to sue the organisers of Events, their respective administrators, directors, agents, officers, members, volunteers and employees, from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of myself, dependants or other participating persons, including negligent rescue operations: and I further agree that I will indemnify, save, hold harmless any such persons in the Event any litigation expenses, fees, loss, liability, damage or cost which any may incur as the result of such claim.
 
5) Fully understand that recordings, in the form of still photographs and motion video footage, may be taken during School events, and that such recordings may be made available for distribution by the School of Historical Fencing at a later date.  I hereby give my permission for any such recordings, in whole or in part, that include visual or audio depictions of myself, to be edited, modified and distributed by the organisers in any format they so choose: and I further agree that such recordings may be edited, used, broadcast, sold and distributed by without notification, remuneration or compensation to myself, and I waive all claim to compensation for the use of any recordings unconditionally. In the event that I don’t wish for recordings to be taken I agree to inform the School of Historical Fencing in writing that this consent will no longer apply.
 
6) I have read this agreement, fully understand its terms, and accept it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
 
I affirm and warrant that the written information I have provided in this agreement is true, accurate and complete.