The Application Form (PART 1) in conjunction with the Martial Arts Contract & Code of Conduct (PART2) and DDR Service Agreement (PART 3) will be used as a Complying Written Agreement between the Applicant/Student/Guardian (as detailed on this form) and Peninsula Martial Arts Academy.

To simplify the sign-up process, please tell us...

We'll use the amounts below to calculate your  Once Off Debit. The  Once Off Debit includes your Uniform Type cost/s, Annual Insurance and First Month (4X WEEKS) Training Fee combined. You'll see the total amount due  in (PART 3),  as part of the  Direct Debit Request (DDR)

We'll use the amounts below to calculate your  Once Off Debit. The  Once Off Debit includes your Uniform Type cost/s, Annual Insurance and First Month (4X WEEKS) Training Fee combined. You'll see the total amount due  in (PART 3),  as part of the  Direct Debit Request (DDR)

1. Interpretation 

"the Applicant" means the individual who signs this Contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age. 

2. Acceptance 

the Applicant, hereby agrees to be bound by the terms of this Contract with the Peninsula Martial Arts Academy and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as "the providers". The providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial Arts and related activities ("the service") upon and subject to the following terms and conditions: 

(a) Club Fees and uniforms 

The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant by letter or memorandum or by notice displayed in the provider's premises or premises occupied by the provider or verbally. Fees are paid monthly, one month in advance. If you do not want to continue training at any time you can cancel and all future payments will cease, at the end of the month in which you paid in advance. As such your financial obligations are only ever one month’s training. You are required to use the official uniform for some activities you choose to undertake. Namely you will be required to purchase a uniform for Kaisei Ryu Jujitsu and a separate uniform for Pacheco Jiu Jitsu (BJJ). Pricing for these uniforms will be displayed at the premises or please ask the chief instructor for more information. For other activities such as boxing, kickboxing, stretching and the like, you can wear your own clothing. All uniforms are to be paid for at the time you order them. 

(b) Medical Conditions 

The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the Applicant to take part in Martial 

Arts. The applicant further warrants that he/she has provided information on all pre-existing medical conditions. 

(c) Exclusion of Applicant 

The Applicant warrants that he or she has not at any time been excluded from Martial Arts by a medical practitioner or any person or entity including a Martial Arts Club. 

(d) Rights of a Consumer 

If the Trade Practices Act 1974 or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operate for the benefit of the Applicant. Under the provision of that legislation, those terms and rights, and any liability of the supplier flowing from them, cannot be excluded, restricted or modified by any provision of the contract.

PLEASE NOTE THE FOLLOWING: 

If the Competition and Consumer Act 2010 or similar state laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the offerer for breach of those warranties is limited to: 

(i) the re-supply of the Martial Arts instruction and related activities; or 

(ii) the payment of the cost of having the Martial Arts and related activities supplied again. 

(e) Waiver and Indemnity 

In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the providers and all their servants, agents, employees and other students or persons under the providers control (the "indemnified") from all liability howsoever arising for injury or damage (including but not limited to the Applicants' person, whether fatal or otherwise, property and personal belongings) however caused including by the negligence of the indemnified, arising out of or participating in Martial Arts or in connection with Martial Arts or in anyway caused by, or arising out of, any activity carried on by the indemnified. 

I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous. 

I, the Applicant, agree to occupy and use the premises of the Peninsula Martial Arts Academy at risk to myself and release to full extent permitted by law Zanda Hoffmann – Chief Instructor, the Peninsula Martial Arts Academy, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or damage to property or injury or death to myself while undertaking training in martial arts with the Peninsula Martial Arts Academy. 

(f) Martial Arts done at Applicant's own Risk 

Any person training Martial Arts, or in activities connected with Martial Arts or participating in any activity carried on by this Academy are only allowed to do so on the distinct understanding that they do so entirely at their own risk. 

(g) Martial Arts not to be taught by Applicant 

The Applicant agrees that he/she is in no way qualified or authorized to teach martial arts under the banner of the Peninsula Martial Arts Academy, Kaisei Ryu Jujitsu, Pacheco Jiu Jitsu or any other martial art learned from Zanda Hoffmann, publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of Zanda Hoffmann. 

(h) Agreement to abide by the Academy Code of Conduct (schedule 2) 

I, the Applicant, agree that I will abide by the Peninsula Martial Arts Academy Class Code of Conduct and agree and acknowledge that any failure to abide by rules of the Code of Conduct may result in my expulsion from the Academy.

(i) Acceptance 

Performance of the provider's obligations under the contract may be affected by any one or more of the providers either jointly or severally.

(j) Governing Law 

Any agreement entered into pursuant to this acceptance is to be governed by the 

laws of Australia and the State of NSW and the Courts of any relevant legislation. 

The Peninsula Martial Arts Academy shall have exclusive jurisdiction to entertain any action in respect of any such agreement.

(k) Statement of Understanding 

I, the Applicant have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed. 

SCHEDULE 1 

In addition to the Peninsula Martial Arts Academy, the providers in respect of this agreement include : 

1. (a) The owner / Lessor of the premises in which the Peninsula Martial Arts Academy carries out its martial arts activities.

SCHEDULE 2 

As the applicant I hereby agree to adhering to the code of conduct of the Peninsula Martial Arts Academy and will abide by the following:

1. At all times I will be respectful to and abide by the instructions of the instructor of the martial art or ancillary activity undertaken. If I do not adhere to these instructions I may be asked to leave the mats. If I am asked to do so I will promptly leave the mats. If asked to leave the premises and to stop training I agree to do so. I am aware that I am only obliged to pay for training one month in advance and if I am asked to leave the academy I will not incur any further financial obligations and if I feel aggrieved I can ask for a refund of the month’s training fees (paid in advance) which will be repaid to you in full. 

2. At all times I agree to come to training in a sober state and not under the influence of alcohol or drugs affecting my behaviour. If I believe that I am not in the right head space to train I will consider having a rest and returning when I am ready. 

3. Always be polite and respectful to the other students. If any other student indicates that some behavior or interaction is not acceptable or making them uncomfortable, I will desist and speak to the instructor about the matter. If I feel uncomfortable with another student I will remove myself from the situation and speak to the instructor. If I am injured or injure anybody else I will speak to the instructor. I will train always with a safety focus and intention to look after my fellow students. I will never intentionally hurt or injure another student. 

4. At all times I will be hygienic and well groomed with my nails trimmed short and have worn shoes to the mats and taken them off before stepping on the mats. I will wear the club uniform/gi which should be clean and kept in good condition. 

5. Coming to and leaving the dojo I will be respectful to other residents and users of the premises. I will be quiet in the hallway so as not to disturb other businesses and patrons near the premises. When wearing the martial arts uniform outside the dojo I carry the honour of the Academy and will be kind, respectful and polite to all people I come across. 

6. I realise that martial arts training can be challenging and at times my instructor will push my physical martial artist boundaries and that this is intended to improve my physicality and character. I also realise that I can say no and if I am uncomfortable meeting a challenge set, I can politely decline and ask to sit that activity out or discontinue training at my discretion. 

7. Before leaving the mats for any reason it is polite to ask the instructor to leave. This is so that the instructor if otherwise occupied will know that you have left the mats and won’t worry as to your whereabouts.

Martial Arts Is Dangerous.

The Once Off Debit amount will be deducted on the start date you select below. From there, your future training fees will be deducted automatically each debit frequency cycle.

Total Once Off Debit Amount

Please choose the payment frequency you prefer for your regular debits.

Total Regular Debit Amount

• One Time Setup Fee: $0.00

• Bank Account: $0.00

• Optional SMS Reminder: $0.00

• Visa/Mastercard: $0.00

• Amex: $0.00

• Failed Payment Fee: $14.80

Payments will appear on your statement as PENNINSULAMARTIA

I / We authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (User ID No 342190, 342191, 428198) to debit my/our account at the Financial Institution identified above through the Bulk Electronic Clearing System (BECS) in accordance with this Direct Debit Request.

Payments will appear on your statement as EZI*PENNINSULAMART

By agreeing to this form, I / We authorise Ezidebit, acting on behalf of the Business, to debit payments from my specified Credit Card above, and I / we acknowledge that EZI*PENNINSULAMART will appear as the merchant on my credit card statement. Furthermore, I / we agree to reimburse and indemnify Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.

I/We hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as "Ezidebit") to make periodic debits on behalf of the Business (referred to as "the Business") as indicated on the attached Direct Debit Request which incorporates this DDR Service Agreement.

I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services) to me/us for the Business pursuant to the Direct Debit Request and has no express or implied liability in relation to the goods and services provided or to be provided by the Business or the terms and conditions of any agreement that I/We have with the Business.

I/We acknowledge that the debit amount will be debited from my/our nominated card or bank account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request).

I/We acknowledge that the details of my/our nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and I/we will contact my/our financial institution if uncertain of the accuracy of these details.

I/We acknowledge that is my/our responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, I/we agree that Ezidebit will not be responsible for any fees and charges that may be charged by either my/our or its financial institution.I/We acknowledge that there may be a delay in processing the debit if: 

1. a payment request is received by Ezidebit after Ezidebit's usual cut off time, being 3:00pm Qld time, Monday to Friday;

2. a payment request is received by Ezidebit on a day that is not a banking business day in Sydney, NSW and Melbourne, VIC; or

3. there is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed.Any payment that falls due on any of the above will be processed on the next business day.

I/We authorise Ezidebit to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within my/our agreement with the Business or as may be agreed by me/us and the Business. I/We do not require Ezidebit to notify me/us of the variation to the debit amount.

I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request (including this DDR Service Agreement) including varying the Debit Arrangement. 

I/We will contact the Business if I/we wish to alter or defer the Debit Arrangement.

I/We acknowledge that any request by me/us to stop or cancel the Debit Arrangement will be directed to the Business.

I/We acknowledge that any dispute regarding a debit will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we will contact my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee (as referred to in the Debit Arrangement) may be payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit. I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and agree to pay those fees and charges to Ezidebit.

"Ezidebit" may appear as the merchant for a payment from my/our credit card (including a debit or charge card). I/We acknowledge and agree that Ezidebit will not be liable for any disputed transactions resulting from the supply or non supply of goods and/or services and that all disputes will be directed to the Business (as Ezidebit is acting only as a Direct Debit Agent for the Business). The Transaction Fee for a debit to a Credit Card calculated as a percentage may be subject to a minimum amount.

I/We appoint Ezidebit as my/our agent for the control, management and protection of my/our personal information (relating to the Business and this Direct Debit Request) which is disclosed to Ezidebit. I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.

Other than as provided in this Direct Debit Request or the Ezidebit Privacy Policy, Ezidebit will keep your personal information about your nominated account private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. 

The Ezidebit Privacy Policy can be found at http://www.ezidebit.com/au/privacy-policy

I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and this Direct Debit Request) to release and provide such information to Ezidebit.

I/We authorise:

1. Ezidebit to verify with my/our financial institution and/or correct, if necessary, details of my/our account; and

2. My/our financial institution to release information allowing Ezidebit to verify my/our account details.