Martial arts – as with all sports – carry an inherent risk of injury or harm and it is essential that you are fully aware of these dangers before taking part in our class. Please read carefully the following document and sign if happy to proceed.

Martial Arts carry inherent risks. Whilst your instructor will always do what is possible to minimise these risks and mitigate the possibility of harm occurring, there are certain dangers that are unavoidable.

Because of the nature of martial arts – and unarmed combat training – combined with martial arts based fitness training, you will be exposed to many potential risks throughout your time training with PRAETORIAN MMA. These include, but are not limited to, Slips, Trips, Sprains, Falls, Cuts, Abrasions, Contusions, Swelling and in some more uncommon cases, breaks and other injuries. Whilst the club’s safety record is [exemplary] it’s important to us that you understand the nature of what you are about to participate in, and that you are happy to assume all risks having been made aware in advance of what these might be.

We train in a combination of unarmed combat disciplines – Karate, Boxing, MMA, KIick-Boxing, Mixed Martial Arts, Brazilian Ju-Jitsu, Grappling, Judo, Wrestling and others. We also combine fitness drills into most of our training, with some key martial arts based fitness and martial arts based conditioning too.

You always have the right to stop training at any point should you not feel comfortable performing any set technique or exercise, and you are under no pressure to complete any drill, technique or exercise if you do not wish to.

If you do continue with this class and any subsequent classes we ask that you take a moment to consider the nature of an intense combat class and what that might entail, including the above possible risks as identified – and any other potential injuries, such as contact during sparring, concussion, breaks and others. These are very uncommon – but they can occur. Please ensure you’re happy to assume the inherent risks that come with training in martial arts.

You are welcome and encouraged to speak to your instructor if you’re not completely at ease with the risks being assumed, or not completely confident about what our classes entail.

Thank you

I, {name} having read in full the above assumption of risk disclosure, confirm that I am happy and willing to accept the assumption of risks as presented and do so with a clear understanding of this class, and any other subsequent classes potential for injury or harm. I have done so in my own confidence and wish to participate without warranty or guarantee.

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A.             to provision of any Martial Arts Class (as defined in Clause 1 below) by PRAETORIAN MMA [of PRAETORIAN MMA, 176 NOBES AVENUE, GOSPORT, HAMPSHIRE, PO13 0HY] OR [a company registered in UNITED KINGDOM under number 13545176 whose registered office is at PRAETORIAN MMA, 176 NOBES AVENUE, GOSPORT, HAMPSHIRE, PO13 0HY]] (“Us”); and

B.             where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1.             Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2          Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1      “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.2      a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3          The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4          Words signifying the singular number shall include the plural and vice versa; and

1.5          References to any gender shall include the other gender.

2.             Registration

2.1          In order to attend any Martial Arts Class You first have to register with Us and You may do so by completing the Registration Form and agreeing in that Form to these Terms and Conditions.

2.2          The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the Martial Arts, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

2.3          You may book and attend a Martial Arts Class only once We have accepted Your Registration Form [in writing]. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Martial Arts Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.

2.4          Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.

3.             Booking and Cancellation of Martial Arts Classes, Expulsion, and Consumer Rights

3.1           You must be 18 or over and a “Consumer” to book and attend any Martial Arts Class.

3.2           A Martial Arts Class and Your place in that Martial Arts Class is subject to availability. No priority is given, and places in a Martial Arts Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Martial Arts Class unless You book and pay for the Martial Arts Class for that particular time and date.

3.3           Each Martial Arts Class requires FIVE or more people to book it for it to take place [unless it is available as, and specifically booked as, a small Martial Arts Class for You and [a minimum of FIVE other people] up to FORTY other people].

3.4           You may book a Martial Arts Class [in person][,] [by email][,] [by phone] [or through [Our website] [or] [Our on-line booking system].

3.5           We will only provide a Martial Arts Class to You if You have pre-booked and paid for it [except where, as follows, You are allowed to participate in it on a [“drop in”][or][“wait list”] basis and have paid for it. If it is already fully booked when you request a booking, [We can add You to a wait list for it] [or] [You can come along to Our premises on a drop in basis]. We may then be able to offer You the opportunity to book, pay for and participate in the Martial Arts Class if [a wait list space for it becomes available due to another person cancelling a booking] [or] [a drop in space becomes available due to another person not arriving]. If We tell You of such an opportunity [by phoning You after We have placed You on a wait list] You will then need to book and pay for the Martial Arts Class and be at Our premises no later than FIVE minutes before the Martial Arts Class start time].

3.6           When you book and pay for any Martial Arts Class You must book (or, as set out in sub-Clause 3.10 below, rebook to replace any booked Martial Arts Class cancelled) for a date which is no more than [one][two][three] month[s] after the date when You make and pay for that booking or rebooking. A Martial Arts Class not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.

3.7           Your request for a booking for a Martial Arts Class will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Martial Arts Class and You have paid for it, will there be a binding contract between You and Us for that Martial Arts Class.

3.8           When You book any Martial Arts Class, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.11 below if You later cancel the Martial Arts Class without giving Us prior notice of at least 24 HOURS.

3.9           We may treat a Martial Arts Class that You have booked as cancelled by You without notice to Us if You arrive after the start of the Martial Arts Class [or the start of any warm up for that Martial Arts Class] or You do not attend any of the Martial Arts Class. We may then (but We are not obliged to) give Your place in the Martial Arts Class that You cancelled to any [“wait-list”][or][“drop in”] customer. We may decide to make a charge to You for that cancelled Martial Arts Class, and sub-Clause 3.11 below will apply.

3.10        You may cancel a Martial Arts Class without charge if You give Us at least 24 HOURS prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Martial Arts Class instead and We accept that substitute booking.

3.11        If You do not give Us at least 24 HOURS prior notice of cancellation of a Martial Arts Class, We will be entitled to charge You for any net financial loss up to the full price of that Martial Arts Class that We suffer due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance for that Martial Arts Class, and We shall refund any balance to You.

3.12        If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Martial Arts Class without giving Us at least 24 HOURS prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 or 3.11.

3.13        We may cancel a Martial Arts Class booked by You at any time before the time and date of that Martial Arts Class in the following circumstances:

3.13.1      The required minimum number of people for the Martial Arts Class have not booked for that Martial Arts Class; or

3.13.2      The required instructor necessary for the Martial Arts Class is not available; or

3.13.3      An event described in sub-Clause 9 below occurs and continues for more than TWENTY MINUTES; or

3.13.4      We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Martial Arts Class in such circumstances We will refund to You in full the payment that You have made to Us for that Martial Arts Class.

3.14       We will use all reasonable endeavours to start the Martial Arts Class that You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Martial Arts Class or by other circumstances. If a delay to the start is at least TWENTY MINUTES, or, if at any time before or after You arrive for a Martial Arts Class We notify You that there will be a delay of at least that time, You may cancel the Martial Arts Class and We will refund to You in full the payment that You have made to Us for that Martial Arts Class.

3.15       Martial Arts Classes [and] prices [and instructors] are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

3.16       We reserve the right to expel You from any Martial Arts Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Martial Arts Class or who are in any other Martial Arts Class being held then or to be held subsequently. You will not be entitled to any refund for a Martial Arts Class started but not completed due to such expulsion.

3.17       Where the contract We make with You is not made on Our premises, the

We value all those who interact with our club, and accordingly, we insist on the following universal rules for the benefit of all our members and third parties. These rules are designed to be fair, simple and largely based upon common sense to ensure everyone can enjoy a safe, professional class.

• ·     Everyone has the right to be treated with dignity, respect and consideration. Any person found not to be doing so will be asked to leave.
• ·     Safety is our number one concern. If you have any concerns over your safety or the safety of any other person in the class you should alert your instructor immediately.
• ·     Never attempt to do any exercise, technique or movement that you are not confident and comfortable completing.
• ·     You should only train at your own pace and if you find the class is moving too fast, or if you should not understand the technique being demonstrated and/or find yourself becoming exhausted, please let an instructor know straight away.
• ·     The techniques taught in our club must only be used in the defense of life and personal safety only.
• ·     It is your responsibility to ensure you turn up to class fit and ready to take part, with a suitable amount of time prior to the lesson’s scheduled start time.
• ·     If you have any injury or medical condition you should let the instructor know ahead of the class.
• ·     If you develop any injuries during a class, you should let the instructor know so they may complete an injury record and administer first aid accordingly.
• ·     Swearing, smoking, drinking alcohol or any other form of abusive or anti-social behavior will not be tolerated.
• ·     The instructor(s) has the ultimate say as to whether they feel you are fit to train or whether a rule has been broken.

If you are unsure about any of the above, you should contact your instructor before taking part and discuss any concerns or questions with them. These rules may be updated from time to time; it is your responsibility to ensure you’re up to date with the latest.