BEHAN JIU JITSU
70 Water Street South, South Toowoomba QLD 4350
MEMBER WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK
Please read this Agreement carefully before signing. By electronically signing, you confirm that you have read, understood, and agree to be bound by all terms below.
ABOUT THIS AGREEMENT
This Waiver, Release of Liability and Assumption of Risk Agreement ("Agreement") applies to all activities, facilities, and programs offered by Behan Jiu Jitsu at 70 Water Street South, South Toowoomba QLD 4350, including but not limited to:
• Brazilian Jiu Jitsu (BJJ) — all classes, drilling sessions, and supervised sparring
• Muay Thai and other striking arts
• Strength and conditioning training
• Use of the weights gym and fitness equipment
• Attendance at seminars, competitions, and events organised by Behan Jiu Jitsu
• Presence on the premises before, during, and after any of the above activities
This Agreement is governed by the laws of Queensland, Australia. It is binding on you, your heirs, personal representatives, and assigns.
HEALTH & FITNESS DECLARATION
By signing this Agreement, I declare that, to the best of my knowledge:
• I am in good physical health and have no medical condition, injury, or disability that would make participation in the above activities unsafe without medical clearance.
• I have consulted, or will consult, a qualified medical professional before commencing training if I have any doubt about my fitness to participate.
• I will notify Behan Jiu Jitsu staff immediately if my health status changes in a way that may affect my safe participation.
• I understand that Behan Jiu Jitsu staff are not medical professionals and are not able to assess my individual fitness to train.
NATURE OF ACTIVITIES & INHERENT RISKS
I understand and acknowledge that martial arts training involves physical contact and inherent risks that cannot be eliminated, including but not limited to:
• Physical contact including grappling, takedowns, ground work, joint locks, chokes, and striking drills
• Risk of injury including bruising, sprains, fractures, joint injuries, concussion, and in extreme cases permanent injury or death
• Risk of injury caused by the actions of other training partners acting in good faith
• Use of training equipment including mats, weights, resistance equipment, and protective gear
• Physical exertion including cardiovascular stress, muscular fatigue, and dehydration
I have been made aware of these risks and voluntarily choose to participate with full knowledge of them.
TRAINING RULES & CONDUCT
I agree to abide by the following rules at all times while training at Behan Jiu Jitsu:
• I will follow all instructions given by coaches and instructors without delay.
• I will tap (submit) immediately when caught in a submission hold and will honour my training partner's tap immediately.
• I will train at a level appropriate to my experience and will not use excessive force against training partners.
• I will not train while under the influence of alcohol, recreational drugs, or any medication that may impair my judgement or physical ability.
• I will not train while injured or unwell in a manner that could worsen my condition or endanger others.
• I will maintain appropriate hygiene standards including clean training attire and personal cleanliness.
• I understand that failure to comply with these rules may result in removal from class or cancellation of membership without refund.
INJURY REPORTING OBLIGATION
This section is important. Please read it carefully.
I understand and agree that if I sustain any injury, experience any pain, feel unwell, or witness an injury to another person while on the Behan Jiu Jitsu premises or during any activity, I must:
• Stop training immediately and notify a coaching staff member or instructor as soon as it is safe to do so, and in all cases before leaving the premises.
• Provide an accurate account of how, when, and where the injury or incident occurred.
• Co-operate fully with any incident reporting process initiated by Behan Jiu Jitsu staff.
I understand that prompt injury reporting is required for the following reasons:
• It allows Behan Jiu Jitsu to provide or arrange appropriate first aid and medical assistance without delay.
• It enables Behan Jiu Jitsu to fulfil its obligations to its insurers. Behan Jiu Jitsu holds insurance policies that require all incidents and injuries to be reported promptly. Failure to report an injury at the time it occurs may affect Behan Jiu Jitsu's ability to notify its insurer within the required timeframe.
• It creates an accurate record of the incident while details are fresh, which protects both the member and Behan Jiu Jitsu in the event of a future claim.
I understand and accept that:
• If I fail to report an injury before leaving the premises, any insurance claim arising from that injury may be affected, reduced, or declined on the basis that the incident was not reported at the time it occurred.
• Delayed or absent reporting may be treated as an indication that the injury did not occur on the premises or during a Behan Jiu Jitsu activity.
• Behan Jiu Jitsu cannot be held responsible for any consequence arising from my failure to report an injury promptly and in accordance with this obligation.
This reporting obligation applies regardless of how minor the injury appears at the time. Many injuries that seem insignificant initially can develop into more serious conditions. Reporting at the time protects everyone.
PARTICIPATION BY MINORS
If I am signing this Agreement on behalf of a minor child (a person under 18 years of age):
• I confirm that I am the parent or legal guardian of the minor member.
• I have read and understood this Agreement in full and consent to the minor's participation in all activities covered by it.
• I acknowledge that under Queensland law, a parent or guardian cannot fully waive a minor's own legal rights. This Agreement reflects my informed consent as parent or guardian and my acknowledgement of the risks involved in the minor's participation.
• I agree to ensure the minor understands and follows all training rules and coach instructions at all times.
• I agree to ensure the minor reports any injury or incident to coaching staff immediately and before leaving the premises, in accordance with the Injury Reporting Obligation above.
• I will notify Behan Jiu Jitsu staff of any health conditions, injuries, or other circumstances relevant to the minor's safe participation before each session if required.
RELEASE OF LIABILITY & INDEMNITY
In consideration of being permitted to participate in activities at Behan Jiu Jitsu, and to the maximum extent permitted by law, I agree to the following:
• I release and discharge Behan Jiu Jitsu, Justin Behan as Trustee for the Behan Family Trust, and their coaches, employees, contractors, officers, and agents (collectively the "Released Parties") from any and all claims, demands, losses, damages, costs, and liabilities arising from my participation in activities at Behan Jiu Jitsu, including claims arising from the negligence of the Released Parties, except to the extent directly caused by their gross negligence or wilful misconduct.
• I agree to indemnify and hold harmless the Released Parties from any claim brought by a third party arising from my conduct on the premises or during any activities.
• I acknowledge that this release does not affect any rights I may have under the Australian Consumer Law or any other non-excludable statutory rights.
I understand that I am giving up significant legal rights by signing this Agreement. I have had the opportunity to seek independent legal advice before doing so.
ASSUMPTION OF RISK
I voluntarily and freely assume all risks associated with participation in martial arts training and use of the Behan Jiu Jitsu facilities, including the risk of serious injury or death, whether caused by my own actions, the actions of others, equipment failure, or the inherent nature of the activities.
I accept full personal responsibility for any injury, loss, or damage I may suffer as a result of my participation, and I will not hold the Released Parties responsible for any such injury, loss, or damage except where caused by their gross negligence or wilful misconduct.
ACKNOWLEDGEMENT & AGREEMENT
By electronically signing this Agreement, I confirm that:
• I have read this Agreement in full and understand its contents.
• I have had the opportunity to ask questions and seek independent legal advice before signing.
• I am signing freely and voluntarily, without inducement, pressure, or guarantee of any kind.
• I am 18 years of age or older, or I am the parent or legal guardian of the minor member named in my membership registration.
• I understand and accept my obligation to report any injury or incident to coaching staff immediately and before leaving the premises, and I understand that failure to do so may affect any insurance claim arising from that injury.
• I understand that my electronic signature carries the same legal weight as a handwritten signature under Queensland law.
• I intend this Agreement to be binding on myself, my heirs, personal representatives, and assigns.
This Agreement is collected and retained by Behan Jiu Jitsu for insurance and compliance purposes. Version: 2026. A copy of this Agreement is available to the signatory on request.