This Waiver and Informed Consent (‘Waiver’) is entered into between the undersigned participant (or their parent/guardian if under 18) and Kung Fu Academy Partnership, trading as Kung Fu Academy NZ / Yongheng Qiang 永恒强 (‘the Academy’). By signing, you confirm you have read, understood, and agreed to everything below.
This Waiver covers all Academy activities — Kung Fu classes, Express Fitness (HIT, CORE, FLEX), gradings, competitions, school programmes, corporate training, birthday parties, private lessons, off-site events, and anything else we do together, whether at our Fitzherbert Ave studio or elsewhere (‘Academy Activities’).
Nature of Activity and Inherent Risks
Martial arts and fitness training are physically demanding and carry inherent risks that can’t be fully removed even with the best instruction and safety practices. By training with us, you acknowledge these risks include, but are not limited to:
1. Physical contact, strikes, throws, joint locks, and other martial arts techniques;
2. Accidental collision with other participants, equipment, or the training environment;
3. Falls, trips, or loss of balance during training;
4. Muscle strains, sprains, bruising, fractures, or other injuries;
5. Cardiovascular exertion and associated risks for participants with undisclosed conditions;
6. Risks associated with off-site activities, travel to and from venues, or outdoor training;
7. Equipment malfunction or misuse.
You acknowledge that participation in Academy Activities is voluntary and at your own risk.
ACC Notice
Under New Zealand’s Accident Compensation Act 2001, you may have entitlements to compensation from ACC for personal injury caused by accident. Nothing in this Waiver limits, excludes, or affects any rights you have under the ACC scheme. The Waiver does not apply to personal injury claims properly covered by ACC.
Limitation of Liability
Subject to the ACC notice above and to the extent permitted by law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986):
Property Loss:
The Academy accepts no responsibility for the loss, theft, or damage of personal property brought onto Academy premises or to any Academy Activity.
Voluntary Participation:
You voluntarily assume all risks associated with Academy Activities that are known to you or that you ought reasonably to have known.
Indemnity:
To the extent permitted by law, you agree to indemnify and hold harmless the Academy, its partners, instructors, employees, agents, and representatives from any claim, cost, loss, or liability arising from your participation, except where it arises from the Academy’s gross negligence or wilful misconduct.
Consumer Guarantees Act:
Where services are supplied to a consumer, nothing in this Waiver excludes rights under the Consumer Guarantees Act 1993. Where services are acquired for business purposes, the parties agree the CGA does not apply.
Health, Fitness and Medical Disclosure
I confirm that:
1. I am in suitable physical condition to participate, or I have consulted a medical professional who has confirmed participation is appropriate;
2. I will immediately notify an instructor if I feel unwell, experience pain, dizziness, breathlessness, or any symptom that could affect my safety;
3. I will not train while sick, injured (unless medically cleared), or under the influence of alcohol or any impairing substance;
4. I will keep my medical information up to date and will notify the Academy promptly of any changes.
Participation by minors (under 18 years old)
Where the participant is under 18, this Waiver must be signed by a parent or legal guardian. By signing, the parent/guardian:
1. Consents to the minor’s participation in all Academy Activities;
2. Acknowledges and accepts the risks described in this Waiver on behalf of the minor;
3. Confirms they hold legal authority to provide consent;
4. Agrees to ensure the minor complies with the Academy’s Rules & Regulations;
5. Consents to the Academy providing reasonable first aid in the event of injury and contacting emergency services where necessary.
Media, Photography & Social Media
We love sharing our community’s journey! Photos and videos may be taken during Academy activities for training, social media, and promotional purposes. By signing this Waiver, you consent to the Academy using such footage on its website, Facebook, Instagram, YouTube, X (Twitter), and other promotional materials — unless you opt out.
Privacy Act 2020
The Academy collects your personal information to administer your membership, manage your safety, and communicate with you about Academy activities. Your information is held securely and used in accordance with the Privacy Act 2020. You have the right to access and correct your information at any time — just email us at kungfuacademynz@gmail.com.
Academy Rules & Regulations
By signing, you confirm you have received, read, and understood the Kung Fu Academy NZ Rules & Regulations, and you agree to comply with them at all times. A breach of the rules may result in suspension or termination of membership.
General Terms
1. Legal entity:
This Waiver is entered into with Kung Fu Academy Partnership (NZBN 9429049545777), trading as Kung Fu Academy NZ / Yongheng Qiang 永恒强, of Unit 2, Level 1, 85–89 Fitzherbert Avenue, Palmerston North 4410, New Zealand.
2. Governing law:
This Waiver is governed by the laws of New Zealand. Any dispute shall be subject to the jurisdiction of the New Zealand courts.
3. Severability:
If any provision of this Waiver is found invalid or unenforceable, the remaining provisions continue in full force and effect.
4. Entire agreement:
This Waiver, together with the Academy’s Rules & Regulations, constitutes the entire agreement between the parties regarding participation in Academy Activities.
5. Electronic acceptance:
If completed electronically (e.g. via Gymdesk), your electronic acceptance is a valid and binding signature under the Contract and Commercial Law Act 2017.
Kung Fu Academy NZ
