WAIVER / RELEASE / ASSUMPTION OF RISK

PLEASE READ CAREFULLY
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

STUDENT AGREEMENT

This agreement is made between:
Certified Training Center “CTC”
Gracie JiuJitsu QLD Pty Ltd (ABN: 28 639 493 379)
389 Old Logan Rd, Springfield, QLD 4300, Australia
(hereafter referred to as “CTC”)

AND

Student Details: {name} {dob}
(hereafter referred to as “Student”)

Date: {sign_date}

STUDENT AGREEMENT – SUMMARY OF KEY TERMS

1. Risks & Safety
   • Gracie Jiu-Jitsu is a physical activity with inherent risks, including minor injuries (scratches, bruises, sprains), major injuries (joint, back, eye injuries, heart attack, concussions), and catastrophic injuries (paralysis or death).
   • Participation may expose students to communicable diseases (e.g., COVID-19, influenza) and other illnesses.
   • Students must follow instructor directions, maintain hygiene, and refrain from training while impaired by alcohol, drugs, or other substances.
   • Students assume all risk of injury or illness and release CTC, instructors, and affiliates from liability except for gross negligence or wilful misconduct.
2. Program Fees & Billing
   • Tuition is billed in 4-week instalments, starting after the 10-day trial.
   • Extra classes: $20–$30 per class, automatically charged.
   • Non-autopay fee: $5 per 4-week period.
   • Late payment fee: $5 per missed or late payment.
   • Payment Processing Fees (payable by the Student):
    • EFT (bank account): $0.99 per transaction
    • Visa/Mastercard: 1.98% + $0.33 per transaction
    • American Express: 2.75% + $0.33 per transaction
    • Load Fee: $2.20 (one-time account setup fee)
   • GST Clarification: GST applies only to the payment processing fees themselves, not to tuition.
   • Freeze/pause periods: maximum 8 weeks per 12 months; $20 per 4-week period.
   • Failure to pay freeze/pause fee results in loss of Gracie University online access and CTC satellite privileges until payment is made.
   • Uniforms (Gi, belts, or other required items) are payable after the trial.
3. Membership Cancellation
   • Students may cancel with 60 days’ written notice.
   • Access to the online curriculum ends upon cancellation.
   • Early termination due to relocation (50km+) or medical reasons may be considered with documentation.
   • Unused classes do not roll over, and no retroactive refunds are issued.
4. Minors & Parental Authority
   • Children under 18 must be accompanied by a parent/guardian on-site.
   • Parent/Guardian warrants they have the legal authority to bind the minor to the terms of this Agreement.
   • Mat Munchkins (ages 3–5) require parent/guardian participation.
5. Media & Intellectual Property
   • CTC may use photos/videos for promotion. Parents may request exclusion in writing.
   • Students may not reproduce or commercially exploit CTC materials without written consent.
6. Conduct & Discipline
   • Disrespectful, unsafe, harassment, or rule-violating behaviour may result in warnings, suspension, or termination.
   • Payment obligations remain for services already rendered.
7. Governing Law
   • This Agreement is governed by the laws of Queensland.

8.          Trial Period

   • The 10-day free trial is 10 calendar days from your first class.

   • The trial will automatically convert to the lowest membership plan and begin billing unless a cancellation form is filled out before the end of the trial.

Please Note: This summary is provided for convenience and highlights key terms regarding risks, program fees, cancellations, minors, media, and conduct. It is not a substitute for the full Student Agreement below. By signing, the Student (and Parent/Guardian, if applicable) agrees to all terms in the full Agreement, which governs all rights and obligations.

1. Responsibilities of the CTC

1.1 Competent Instruction

(a) The CTC obligates itself to provide competent instruction and suitable facilities for all lessons. Classes are supervised by qualified personnel trained in the procedures and traditions of Gracie University.
(b) After the 10-day trial period, the Student will have access to the Gracie University online curriculum of study.
(c) The CTC maintains public liability insurance for its operations.

1.2 Change of Program

(a) The CTC may modify the class schedule as necessary. Such modifications do not relieve the Student from payment obligations.
(b) The CTC may close for public holidays, special events, or maintenance (up to 2 weeks per year) without affecting tuition payments.
(c) The CTC may close due to government-mandated health restrictions or other circumstances beyond its control; such closures do not affect tuition obligations.

1.3 Background Checks

(a) The CTC conducts blue card and criminal background checks for all instructors/assistant instructors. The CTC may refuse admission to any individual convicted of a serious indictable offence.
(b) The Student must notify the CTC immediately if they have been convicted of a serious indictable offence.

2. Responsibilities of the Student

2.1 Fitness

(a) The Student warrants that all fitness and medical information provided is true and correct.
(b) Students with serious medical conditions may be required to provide a medical certificate confirming fitness to train.
(c) Students with serious heart or respiratory conditions may need specialist clearance to train.

2.2 Membership Cancellation

(a) The Student may cancel membership with 60 days’ written notice.
(b) The Student may continue training during the 60-day notice period.
(c) Cancellation does not affect scheduled tuition payments.
(d) Access to the Gracie University online curriculum ends upon cancellation.

2.3 Classes per Billing Cycle

(a) Unused classes do not roll over or generate credit.
(b) Additional classes beyond the 4-week limit incur automatic charges ($20–$30 per class, based on program).
(c) Maximum freeze period: 8 weeks per 12-month period.
(d) Freeze fee: $20 per 4-week period.
(e) If the freeze/pause fee is not paid, the Student will lose access to the Gracie University online curriculum and any CTC satellite training privileges until payment is made.

2.4 Ranking System

The Student acknowledges that belts or rank are privileges, not rights. Disrespectful or unsafe behaviour may result in termination. Refunds for unearned amounts will be provided if terminated by the CTC.

2.5 Media

No class recordings or photographs may be taken without prior CTC permission.

2.6 Student Conduct

(a) Gracie Jiu-Jitsu techniques are dangerous; training is for self-defence only.
(b) The CTC is not liable for Student actions outside the CTC.
(c) Disciplinary measures for unsafe, disrespectful, harassment, discrimination, or bullying or rule-violating behaviour may include:
 • verbal or written warning
 • temporary suspension from classes
 • termination of membership
(d) Disciplinary actions are at the CTC’s discretion. Payment obligations remain for services already rendered or scheduled.
(e) Students must maintain personal hygiene and wear clean, appropriate attire to prevent injury or illness.
(f) Students must not participate under the influence of alcohol, illegal drugs, or any substance that impairs judgment or physical ability.

2.7 Emergency Contact, Medical Information, and Supervision of Minors

(a) The Student (or Parent/Guardian if under 18) must provide accurate emergency contact details before commencing training, including:
 • Name of emergency contact
 • Relationship to Student
 • Phone number(s)
(b) The Student (or Parent/Guardian if under 18) must disclose any relevant medical conditions, allergies, injuries, or medications.
(c) The Student must update the CTC promptly if any information changes.
(d) This information is confidential and used solely for the Student’s safety.
(e) Failure to provide accurate information may limit training eligibility until corrected.
(f) Students under 18 must be accompanied by a Parent/Guardian or authorised adult at all times on CTC premises, including drop-off, class, and pick-up.
(g) The Student and Parent/Guardian acknowledge that failure to comply with supervision may result in refusal of training.
(h) Online submission of this agreement by a minor does not replace the requirement for a signed parent/guardian consent form.
(i) In emergencies, the CTC may authorize medical treatment for minors if the emergency contact cannot be reached promptly.
(j) Parent/Guardian warrants they have the legal authority to bind the minor to the terms of this Agreement.

2.8 Parent/Guardian Participation in Mat Munchkins

(a) For the Mat Munchkins program (ages 3–5), a parent or guardian must participate alongside the child.

(b) The enrolling Parent/Guardian acknowledges that, occasionally, another adult (e.g., another parent, guardian, or authorized caregiver) may participate in their place. The enrolling Parent/Guardian warrants that any such adult is authorized to participate and assumes all risk of injury or illness associated with participation.

(c) By signing this Agreement, the enrolling Parent/Guardian acknowledges and agrees that they, and any adult they authorize to participate on their behalf, release, waive, and indemnify CTC, its instructors, and agents from any claims arising from participation, except in cases of gross negligence or wilful misconduct by CTC.

(d) This release applies in addition to the obligations already assumed by the Student (child) under this Agreement.

3. Program Payments and Billing

3.1 Program Fees
The Student agrees to pay for the selected program according to the current program fee schedule provided by the CTC at the time of enrolment. Program fees are subject to change at the discretion of the CTC, with 30 days’ prior written notice to the Student. The fee schedule includes options for frequency of attendance (e.g., 4x, 8x, 12x, Unlimited) and is clearly provided to the Student before enrolment. All fees are inclusive of GST unless otherwise specified.

3.2 Payment
(a) First instalment begins on day 11 if Student enrols after trial.
(b) Subsequent 4-week instalments are automatic.
(c) Extra classes auto-charge $20–$30 per class.
(d) Non-autopay payments incur $5 admin fee per 4-week period.
(e) Late payment fee: $5 per missed or late payment.

3.3 Billing
(a) Tuition must be collected promptly; modifications must be in writing.
(b) CTC may increase base prices with 30 days’ notice.
(c) Uniforms (Gis, belts, or other required items) are payable after trial, according to the current uniform fee schedule provided by CTC at the time of enrolment. Uniform fees are subject to change at the discretion of CTC.
(d) 4-week dues are due until proper termination. No retroactive refunds.
(e) Downgrade fee: $20 per 4-week period.
(f) Collection costs, including legal fees, are Student responsibility.
(g) 10-day trial begins at first check-in; billing starts after notification of intent to enrol.
(h) Payment processing fees (exclusive of GST) are payable by the Student as applicable:
 • EFT (bank account): $0.99 per transaction
 • Visa/Mastercard: 1.98% + $0.33 per transaction
 • American Express: 2.75% + $0.33 per transaction
 • Load Fee: $2.20 (one-time account setup)
(i) GST Clarification: GST applies only to the payment processing fees themselves, not tuition.

4. Assumption of Risk, Release of Liability, and Waiver

4.1 Assumption of Risk
(a) The Student understands that Gracie Jiu-Jitsu carries inherent risks.
(b) Risks include minor injuries (scratches, bruises, sprains), major injuries (eye, joint, back, heart attack, concussions), and catastrophic injuries (paralysis or death).
(c) Risks include communicable diseases (e.g., COVID-19, influenza) and other illnesses.
(d) Participation involves physical exertion; the Student assumes all risk of injury or illness.
(e) The CTC makes no guarantees regarding skill improvement, fitness outcomes, or the effectiveness of self-defence training.

4.2 Release of Liability

The Student agrees that none of the following parties (collectively, the “Released Parties”) may be held liable for any injury, death, loss, or damages arising from the Student’s participation in the Activities, except in cases of gross negligence or wilful misconduct:

• the instructors and staff of CTC;

• CTC (Gracie JiuJitsu QLD Pty Ltd) and its affiliates;

• Gracie University;

• Gracie Global LLC d.b.a. Gracie University;

• Rener Gracie, Ryron Gracie, the Gracie family; and

• their respective agents, officers, employees, independent contractors, and representatives.

The CTC is also not liable for any loss, theft, or damage to personal property brought onto the premises.

4.3 Waiver
STUDENT ACKNOWLEDGES AND AGREES THAT THEY VOLUNTARILY ASSUME ALL RISKS AND WAIVE, RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, INCLUDING LEGAL FEES, ARISING FROM PARTICIPATION. THIS WAIVER IS BINDING ON THE STUDENT’S HEIRS, EXECUTORS, AND ASSIGNS.

4.4 Limitation for Gross Negligence or Wilful Misconduct
Nothing in this Agreement excludes or limits liability for:
(a) Death or personal injury caused by gross negligence of Released Parties.
(b) Any act or omission constituting wilful misconduct.

This carve-out does not affect releases for ordinary negligence, inherent risks, or voluntarily assumed risks under clauses 4.1–4.3.

4.5 Medical Costs 

The Student agrees to maintain appropriate private health or medical insurance during training and is solely responsible for all costs associated with any medical treatment arising from participation in the Activities.

4.6 Release Between Participants

The Student agrees that, to the fullest extent permitted by law, they release and hold harmless all other students, participants, and members of CTC from any liability for injury, loss, or damage arising from the Student’s participation in the Activities, whether caused by the negligence of another participant or otherwise. The Student covenants not to sue or make any claim against any other participant in respect of such matters.

5. Termination

5.1 Rights to Terminate
(a) Membership may be terminated due to injury/disability (3+ months), with written GP confirmation and 30-day notice, without cancellation fee.
(b) Membership may be cancelled for any reason with 60-day written notice.
(c) Membership may be terminated early due to relocation more than 50km away, with 30 days’ notice and documentation.

5.2 Cancellation Before End of Trial

(a) Must be in writing before end of the 10-day trial.

(b) Student must return any Gi provided; failure to return allows CTC to charge full cost.

(c) The 10-day trial will automatically convert to the lowest membership plan unless a cancellation form is filled out before the end of the trial; billing will begin on day 11.

6. Health, Illness, and Infectious Diseases

(a) Participation carries risk of injury and illness, including communicable diseases.
(b) Students must attend only when healthy.
(c) Student voluntarily assumes all associated risks.
(d) Student releases CTC from claims related to illness, except in cases of gross negligence or wilful misconduct.
(e) Clause applies to all current and future communicable diseases.

7. Use of Media
7.1 Permission and Grant of Rights 

(a) CTC may record the Student for promotion. 

(b) The Student (and Parent/Guardian if under 18) grants CTC and its assignees an irrevocable, perpetual, royalty-free, worldwide licence to use the Student’s image, likeness, voice, and any recordings in any format for promotional, advertising, commercial, or educational purposes. 

(c) The Student waives any right to payment or further approval for such use.

7.2 Rights & Acknowledgment
(a) CTC owns all rights.
(b) Student releases CTC from any claims for copyright or likeness infringement.
(c) Surveillance cameras are used for safety and security.

7.3 Opt-Out for Minors and Privacy Requests
(a) Parents/Guardians may request that their child not be included in any photographs, videos, or other recordings used for promotional, marketing, or social media purposes.
(b) The CTC will make reasonable efforts to comply with such requests and will ensure that any child identified for exclusion is not featured in published media.
(c) It is the responsibility of the Parent/Guardian to notify the CTC in writing prior to participation.
(d) While CTC will take reasonable steps to comply, total exclusion from incidental background appearances cannot be guaranteed.

8. General

8.1 Entire Agreement – This agreement supersedes all previous agreements, whether written or oral, regarding its subject matter.

8.2 Defamation – The Student agrees not to physically or verbally attack, publicly criticize, or defame the CTC, its instructors, staff, associates, or partners, including via social media, forums, blogs, or other public platforms, during or after the term of this agreement.

8.3 Force Majeure – If a party is unable, wholly or in part, to perform an obligation under this Agreement due to circumstances beyond its reasonable control (including acts of God, pandemics, government restrictions, industrial disputes, natural disasters, or other similar events):
(a) The affected party must promptly notify the other party, including details of the event and its expected impact on performance.
(b) Obligations affected by the Force Majeure event are suspended for the duration of the event.
(c) The affected party must take all reasonable steps to mitigate the effect of the event and resume performance as soon as practicable.

8.4 Severability – If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision will be severed, and the remainder of the Agreement will continue in full force and effect.

8.5 Assignment
(a) The CTC may assign its rights under this Agreement to a third party with the prior consent of the Student, which will not be unreasonably withheld.
(b) The Student may not assign their rights or obligations under this Agreement without prior written consent from CTC.

8.6 Variation – Any variation, amendment, or waiver of this Agreement must be in writing and signed by both parties to be effective.

8.7 Governing Law and Jurisdiction – This Agreement is governed by the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

8.8 Survival – The rights and obligations under Clauses 2.6 (Student Conduct), 4 (Assumption of Risk, Release of Liability, and Waiver), 6 (Health, Illness, and Infectious Diseases), 7 (Use of Media), and 8.2 (Defamation) survive the termination of this Agreement for any reason.

8.9 Minimum Age – Minimum age for classes is 3 years. Children under 5 are required to have a parent or guardian participate in the Mat Munchkins program alongside them.

8.10 Intellectual Property – Students must not reproduce, sell, or commercially exploit CTC-branded programs, materials, or names without prior written authorization. This clause does not restrict a Student from practicing or sharing Gracie Jiu-Jitsu techniques in a non-commercial context.

8.11 Dispute Resolution / Mediation – Before pursuing legal action, parties agree to attempt to resolve disputes through mediation via a mutually agreed mediator or an appropriate Queensland mediation service.

8.12 Cooling-Off – The Student has 48 hours from the date this Agreement is signed to cancel in writing and receive a full refund of all monies paid, less the value of any services already received.

9. Execution / Signatures