1. Introduction

1.1 Purpose of the document

These Terms of Service (“Terms”) govern your use of the services provided by Saber Academy Pty Ltd (ABN 76 677 945 041, ACN 677 945 041), hereinafter referred to as “Saber Academy,” “we,” “us,” or “our.” These Terms constitute a legally binding agreement between you and Saber Academy.

1.2 Acceptance of terms

By accessing or using our services, including but not limited to online and in-person martial arts training, coaching services, purchase of training materials (including electronic lightsabers), and access to video content, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1.3 Definitions

For the purpose of these Terms:

a) “Services” refers to all offerings provided by Saber Academy, including online and in-person martial arts training, coaching services, sale of training materials and equipment, and provision of video content.

b) “User,” “you,” or “your” refers to any individual or entity that accesses or uses our Services.

c) “Content” refers to all materials, including but not limited to text, images, videos, and audio, made available through our Services.

d) “Training Materials” refers to physical and digital products sold by Saber Academy, including but not limited to electronic lightsabers and instructional videos.

e) “Website” refers to any web properties owned and operated by Saber Academy.

1.4 Changes to Terms

Saber Academy reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

1.5 Eligibility

By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms.

1.6 Contact Information

If you have any questions about these Terms, please contact us at:

Saber Academy Pty Ltd 166 Calton Road, Kalbeeba, South Australia, 5118 Email: [email protected] Phone: +61402454503

By proceeding to use our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

2. Eligibility and Registration

2.1 Age requirements

a) Users must be at least 18 years of age to participate in training programs without parental or guardian consent.

b) Users between 13 and 17 years of age may create an account and participate in training programs with parental or guardian consent.

c) Children between 7 and 12 years of age may participate in training programs only under direct parental or guardian supervision.

d) Saber Academy does not offer services to children under 7 years of age.

2.2 Parental consent for minors

a) For users under 18 years of age, a parent or legal guardian must provide consent for participation in any Saber Academy programs.

b) By allowing a minor to participate, the parent or guardian agrees to be bound by these Terms on behalf of the minor.

c) Parents or guardians are responsible for supervising and ensuring the safety of participants between 7 and 12 years of age during all training activities.

2.3 Registration process

a) Users must create an account to access certain Services, including online training programs.

b) Users must provide accurate, current, and complete information during the registration process.

c) Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

2.4 Account security

a) Users must immediately notify Saber Academy of any unauthorized use of their account or any other breach of security.

b) Saber Academy reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.

2.5 Consequences of providing false information

Providing false or misleading information during registration may result in immediate termination of your account and denial of access to our Services. Saber Academy reserves the right to pursue legal action in cases of fraudulent registration.

3. Services Offered

3.1 Online training programs

a) 10-week beginner program b) Short workshops on specific topics (e.g., saberstaff techniques) c) Master classes on advanced techniques d) Saber skirmish officiating workshops e) Faction leader workshops f) Guild master workshops g) Saber Academy instructor workshops

3.2 In-person training programs

Saber Academy offers in-person training programs, which may include but are not limited to:

a) Regular class sessions b) Workshops and seminars c) Private lessons d) Examinations for level progression

3.3 Limitations and disclaimers

a) Online training is limited in scope compared to in-person training.

b) All students, whether participating in online or in-person training, accept full responsibility for their personal progress.

c) Saber Academy makes no guarantees regarding a student’s progress or skill development.

d) Students who undergo examination are not guaranteed to pass a level.

e) No refunds will be issued in cases where students are not accepted to pass to a certain level, even when they have paid for an instructor to examine them.

f) Saber Academy reserves the right to modify, suspend, or discontinue any part of the Services at any time with or without notice to you.

3.4 Training materials and equipment

a) Saber Academy offers training materials for sale, including but not limited to:

• Electronic lightsabers
• Instructional videos
• Other training equipment

b) The use of training materials and equipment is subject to separate terms and conditions provided at the time of purchase.

3.5 Video content

Saber Academy provides video content as part of its Services. Access to and use of this content is subject to these Terms and any additional terms specified at the point of access.

4. Health and Safety

4.1 General Health and Safety Policies

a) Saber Academy maintains comprehensive health and safety policies in line with industry standards for fitness and martial arts clubs. These policies cover, but are not limited to:

• Weapons safety
• Risk management
• Blood contamination
• Concussion management
• Participation during pregnancy
• Illness and infectious disease control

b) All participants are required to familiarize themselves with and adhere to these policies, which are available upon request.

4.2 COVID-19 Protocols

a) Saber Academy follows current government guidelines and industry best practices regarding COVID-19 safety measures.

b) These protocols are subject to change based on the latest health advice and regulations.

4.3 Fitness Requirements

a) Participants are responsible for ensuring they are physically fit to engage in the activities offered by Saber Academy.

b) If you have any doubts about your fitness to participate, consult a healthcare professional before engaging in our programs.

4.4 In-Person Training Waiver

a) All participants in in-person training sessions may be required to sign an additional waiver before participation.

4.5 Reporting of Injuries or Incidents

a) Participants must immediately report any injuries or safety incidents to Saber Academy staff.

4.6 Disclosure of Pre-existing Conditions

a) Participants are required to disclose any pre-existing medical conditions that may affect their ability to participate safely in Saber Academy activities.

b) Failure to disclose relevant medical information may result in termination of participation without refund.

4.7 Regular Policy Reviews

a) Saber Academy conducts regular reviews of its health and safety policies to ensure they remain up-to-date with current best practices and legal requirements.

b) These reviews occur at least annually, or more frequently if required by changes in regulations or industry standards.

5. Risks and Waiver of Liability

5.1 Acknowledgment of Risks

a) Participation in fitness and martial arts programs, especially those involving weapons, carries inherent risks.

b) These risks include, but are not limited to:

• Personal injury to self or others
• Damage to property
• Physical exertion and related health risks

c) All techniques taught and practiced carry a risk of injury, and participants must be aware of this risk.

5.2 Acceptance of Risk

a) By participating in Saber Academy programs, you acknowledge and accept these risks.

b) You agree to follow all safety instructions provided by Saber Academy staff.

5.3 Waiver of Liability

a) To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless Saber Academy, its officers, employees, and agents from any and all claims, demands, or causes of action, which are in any way connected with your participation in these activities or your use of Saber Academy’s equipment or facilities.

b) This waiver includes any claims arising from the negligence of Saber Academy, its employees, agents, or other participants.

5.4 Insurance

a) Saber Academy strongly recommends that all participants maintain personal health and accident insurance.

b) Saber Academy’s insurance policies do not cover individual participant injuries or property damage.

5.5 Risk Management

a) Saber Academy maintains a risk register and reviews all policies every three years to ensure they remain up-to-date.

b) In-person training is restricted to no more than 18 participants for regular ongoing classes or 30 participants for introductory “come and try” sessions.

5.6 Indemnification

a) You agree to indemnify and hold harmless Saber Academy, its staff, and other participants from any claims, damages, or expenses arising from your participation in our programs.

5.7 Modification of Risk Policies

a) Saber Academy reserves the right to modify its risk management policies at any time to maintain the safety and integrity of its programs.

b) Participants will be notified of any significant changes to these policies.

6. Online Participation

6.1 Technical Requirements

a) Participants must have:

• A lightsaber
• Internet access
• Saber grid mat
• Device capable of viewing videos and participating in webinars
• Webcam or phone capable of video recording

6.2 Platforms and Software

a) Saber Academy utilizes various platforms for content delivery, including but not limited to:

• Twitch for video streaming
• Saber Academy online training platform
• YouTube
• Discord for private communications

b) Participants are responsible for accessing and using these platforms in accordance with their respective terms of service.

6.3 Video Submission for Assessment

a) Students are encouraged to upload their performance videos to their personal YouTube channel and forward the link to Saber Academy.

b) Saber Academy will not accept video files directly for assessment.

6.4 Account Management

a) Students must maintain their Saber Academy account to retain their rank, level, and experience points (XP).

b) Deleting an account will result in the permanent loss of all associated data. Saber Academy cannot store or recover data from deleted accounts.

c) Participants may request their personal data at any time, subject to identity verification.

6.5 Technical Difficulties

a) If a technical fault occurs within the first 20 minutes of a training webinar due to issues on Saber Academy’s end, the session will be rescheduled.

b) For technical issues on the user’s end, rescheduling will be at the instructor’s discretion.

c) No compensation will be provided for any technical faults.

6.6 Intellectual Property Rights for User-Generated Content

a) Participants retain ownership of any content they create and submit during online sessions.

b) By submitting content, participants grant Saber Academy a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the content for promotional and educational purposes.

7. Payments and Refunds

7.1 Subscription Plans and Fees (All fees include GST)

a) Basic Online Access: $11 AUD per month

• Provides access to the site, including digital content, digital futura cards, skills trees, PDFs and all training videos

b) Casual Fighter Access: $44 AUD per month

• Includes basic online access plus 1 x weekly in-person saber skirmish session or 1 x Exclusive weekly webinar

c) Kids In-Person Training: $75 AUD per month

• Includes basic online access plus 1 x weekly in-person saber skirmish session and 1 x weekly training session, or; 2 x weekly training sessions. 

d) 13+ In-Person Training: $85 AUD per month

• Includes basic online access plus 1 x weekly in-person saber skirmish session and 1 x weekly training session, or;

e) Competency Assessment: $30 AUD per skill. 

f) One-on-One Consultation: $90 AUD per 45-minute session

7.2 Payment Methods

a) Saber Academy accepts the following payment methods:

• Credit/Debit Cards (Visa, Mastercard, American Express)
• PayPal
• Direct Bank Transfer (for certain subscription plans)

7.3 Subscription Terms

a) Subscriptions are billed on a monthly basis.

b) Subscription fees are due on the same date each month based on the initial subscription date.

c) Subscribers are responsible for maintaining up-to-date payment information.

d) Saber Academy reserves the right to suspend or terminate services for non-payment.

7.4 Cancellation Policy

a) Cancellations made less than 24 hours before a scheduled session: 100% of the session fee is charged

b) Cancellations made between 24 and 48 hours before a scheduled session: 50% of the session fee is charged

c) Cancellations made more than 48 hours before a scheduled session: No fee is charged

7.5 Refunds

a) Subscription fees are generally non-refundable.

b) Refunds may be considered on a case-by-case basis for exceptional circumstances.

c) No refunds will be issued for technical difficulties as outlined in section 6.5.

7.6 Changes to Fees and Subscriptions

a) Saber Academy reserves the right to modify subscription fees and terms with reasonable notice to subscribers.

b) Continued use of the service after a price change constitutes acceptance of the new fees.

7.7 Taxes

a) All fees are exclusive of GST. Applicable GST will be added to the final billed amount.

b) Participants are responsible for any additional taxes or fees that may apply in their jurisdiction.

7.8 Failed Payments

a) In the event of a failed payment, Saber Academy will attempt to process the payment again within 3-5 business days.

b) If the payment fails again, the associated account may be suspended until payment is received.

c) A $15 AUD administrative fee may be charged for each failed payment.

8. Intellectual Property

8.1 Ownership of Intellectual Property

a) The Saber Academy logo is pending registration as a trademark under Australian law.

b) Saber Academy owns all rights, title, and interest in and to all videos, manuals, images, and content displayed on the website or associated under the Saber Academy umbrella.

c) All content is protected by applicable copyright, trademark, and other intellectual property laws.

8.2 Use of Saber Academy Content

a) Participants are granted a limited, non-exclusive, non-transferable license to access and use Saber Academy content solely for personal, non-commercial purposes in connection with the Services.

b) This license is conditional on your compliance with these Terms and does not include any right to:

• Reproduce, distribute, publicly perform, or publicly display the content
• Modify or create derivative works of the content
• Use the content for any commercial purpose
• Decompile, reverse-engineer, or disassemble any software or other products or processes accessible through the Services

8.3 Restrictions on Sharing and Reproduction

a) Re-sharing or reproduction of any Saber Academy content is strictly prohibited without express written permission from Saber Academy.

b) Unauthorized use, reproduction, modification, distribution, or display of Saber Academy content is a violation of Saber Academy’s intellectual property rights and may be subject to legal action.

8.4 User-Generated Content

a) Users who submit links for video assessment retain ownership of their content in accordance with the policies of their chosen platforms.

b) By submitting links to Saber Academy, users grant Saber Academy a non-exclusive, royalty-free, worldwide license to use, store, and display the content for the purposes of assessment and instruction.

8.5 Reporting Infringement

a) If you believe that any content on our Services infringes upon your intellectual property rights, please contact us immediately with details of the alleged infringement.

8.6 Trademark Usage

a) Participants are not permitted to use Saber Academy’s trademarks, logos, or brand elements without explicit written permission.

b) Any authorized use must comply with Saber Academy’s brand guidelines, which will be provided upon approval of usage.

9. Privacy and Data Protection

9.1 Collection of Personal Information

a) Saber Academy collects personal information necessary for the provision of our Services, as outlined in our Privacy Policy.

b) By using our Services, you consent to the collection and use of your personal information as described in the Privacy Policy.

9.2 Use and Storage of Information

a) Personal information is used solely for the purposes of providing and improving our Services, and is stored securely in accordance with applicable data protection laws.

b) Saber Academy retains personal data for as long as necessary to provide our Services and comply with legal obligations. Typically, this is for the duration of your account plus 7 years, unless a longer retention period is required by law.

9.3 Sharing of Information

a) Saber Academy does not share personal information with third parties except as necessary for the provision of our Services or as required by law.

b) In cases where information is shared with third-party service providers, we ensure they adhere to similar data protection standards.

9.4 User Rights

a) Participants have the right to access, correct, or delete their personal information held by Saber Academy.

b) Requests regarding personal information should be directed to our designated privacy contact at [email protected].

9.5 Data Security

a) Saber Academy implements appropriate technical and organizational measures to protect personal information against unauthorized access, alteration, disclosure, or destruction.

b) While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

9.6 Cookies and Tracking Technologies

a) Our website and platforms may use cookies and similar tracking technologies to enhance user experience and collect usage information.

b) Users can manage their cookie preferences through their browser settings.

9.7 Changes to Privacy Practices

a) Saber Academy reserves the right to modify its privacy practices. Any changes will be reflected in our Privacy Policy, and significant changes will be communicated to users.

9.8 Compliance with Australian Privacy Principles

a) Saber Academy’s privacy practices comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

9.9 Data Deletion Upon Account Termination

a) Upon account termination, Saber Academy will delete or anonymize your personal data within 30 days, except where we are required to retain it for legal or regulatory purposes.

10. Photo and Video Consent

10.1 Contexts for Capturing Photos and Videos

a) Saber Academy may capture photos and videos of participants during:

• Online and in-person training sessions
• Workshops
• Tutorials
• Competitions
• Tournaments
• Exhibitions
• Other Saber Academy events

10.2 Use of Photos and Videos

a) Photos and videos captured by Saber Academy may be used in:

• Marketing materials
• Promotional content
• Social media posts
• Website content
• Other promotional activities related to Saber Academy

10.3 Opt-Out Process

a) Participants who wish to opt out of being photographed or filmed can do so by:

• Informing the instructor at the event
• The instructor will then verbally inform all participants that photography/filming will be taking place

b) Saber Academy will make reasonable efforts to exclude opt-out participants from photos and videos, but cannot guarantee complete exclusion in group or crowd shots.

10.4 Removal of Images

a) Participants may request the removal of their images or videos from Saber Academy materials by:

• Emailing [email protected]
• Providing evidence or a link to the use of images/videos in question

b) Saber Academy will remove the requested images/videos within 2 business days of receiving a valid request.

10.5 Consent

a) By participating in Saber Academy events and not opting out as described in section 10.3, participants grant Saber Academy permission to capture and use their likeness in photos and videos as described in this section.

11. Instructor Qualifications

11.1 Minimum Qualifications

Saber Academy instructors must meet the following minimum qualifications: a) Recognition by their governing body as an instructor b) Current First Aid and CPR certification (HLTAID011 or equivalent) c) Valid Working with Children Check d) Two years of experience as an instructor

11.2 Required Certifications and Accreditations

Instructors must maintain: a) A valid Working with Children Check b) Current First Aid and CPR certification

11.3 Qualification Review and Updates

a) Instructor qualifications are formally reviewed every two years.

b) Instructors are required to immediately inform Saber Academy if:

• Their Working with Children Check status changes
• Their First Aid or CPR certification lapses

11.4 Instructor Conduct and Ethics

a) All Saber Academy instructors are bound by:

• Saber Academy Instructor Code of Ethics
• Saber Academy Instructor Code of Conduct

b) These policies govern instructor behavior, professionalism, and ethical standards in all interactions with participants and fellow instructors.

11.5 Compliance

a) Saber Academy reserves the right to suspend or terminate any instructor who fails to maintain the required qualifications or violates the Code of Ethics or Code of Conduct.

b) Participants who have concerns about an instructor’s conduct or qualifications should report them to Saber Academy management immediately.

11.6 Ongoing Professional Development

a) Instructors are required to participate in ongoing professional development activities, including:

• Annual skills assessment
• Attendance at a minimum of two professional development workshops per year
• Keeping abreast of industry developments and best practices

12. Code of Conduct

12.1 General Behavioral Expectations

Participants in Saber Academy programs are expected to: a) Treat all instructors, staff, and fellow participants with respect and courtesy b) Follow all instructions given by instructors, particularly relating to weapons use c) Maintain a positive and supportive learning environment d) Arrive on time for all scheduled sessions e) Wear appropriate attire for training sessions f) Maintain personal hygiene g) Use Saber Academy equipment and facilities responsibly

12.2 Prohibited Actions and Behaviors

The following actions and behaviors are strictly prohibited: a) Harassment, bullying, or discrimination of any kind b) Physical or verbal abuse c) Disruptive behavior that interferes with the learning experience of others d) Unauthorized use or misuse of Saber Academy equipment e) Attending sessions under the influence of alcohol or illegal substances f) Sharing of account credentials or allowing unauthorized individuals to access Saber Academy services g) Any illegal activities

12.3 Reporting Violations

a) Participants who witness or experience violations of the Code of Conduct should report them immediately to:

• The session instructor
• Saber Academy management via email at [email protected]

b) All reports will be treated confidentially and investigated promptly

12.4 Consequences of Violations

a) Violations of the Code of Conduct may result in:

• Verbal warning
• Temporary suspension from participation
• Termination of account and exclusion from future events and training
• Legal action in cases of severe violations

b) Saber Academy reserves the right to determine the appropriate response to any violation based on the severity and frequency of the infraction

12.5 Appeals Process

a) Participants who wish to appeal disciplinary actions may do so by submitting a written appeal to [email protected] within 7 days of the disciplinary action.

b) Appeals will be reviewed by Saber Academy management, and a decision will be communicated within 14 days of receipt.

c) The decision of Saber Academy management following an appeal is final.

13. Termination of Services

13.1 Grounds for Termination

Saber Academy may terminate services to a participant under the following circumstances: a) Repeated or severe violations of the Code of Conduct b) Failure to pay fees or maintain a valid subscription c) Provision of false or misleading information during registration d) Any action that puts the safety of others at risk e) Failure to follow critical safety instructions, particularly relating to weapons use f) Any other reason deemed necessary by Saber Academy management to maintain the integrity and safety of its programs

13.2 Termination Process

a) Saber Academy will provide written notice of termination to the participant, outlining the reasons for termination

b) Termination will be effective immediately upon issuance of the notice, unless otherwise specified

c) Upon termination, the participant must immediately cease use of all Saber Academy services and return any borrowed equipment

13.3 Reinstatement

a) Reinstatement after termination is at the sole discretion of Saber Academy management

b) Participants seeking reinstatement must:

• Submit a written request explaining the circumstances and any corrective actions taken
• Agree to any additional terms or conditions set by Saber Academy

c) Saber Academy reserves the right to deny any request for reinstatement

13.4 Refunds in Case of Termination

a) In cases of termination due to violations of the Code of Conduct or safety policies, no refunds will be issued for unused portions of subscriptions or pre-paid services

b) If termination is due to circumstances beyond the participant’s control, Saber Academy may, at its discretion, provide a pro-rated refund for unused services

c) Any outstanding fees or charges must be paid in full, regardless of termination

13.5 Data Handling Upon Termination

a) Upon termination, Saber Academy will handle the participant’s data in accordance with its Privacy Policy and applicable data protection laws

b) Participants may request deletion of their personal data, subject to any legal retention requirements

13.6 Appeals Process for Terminated Accounts

a) Participants whose accounts have been terminated may appeal the decision within 14 days of the termination notice.

b) Appeals must be submitted in writing to [email protected], detailing the reasons for the appeal and any relevant information.

c) Saber Academy management will review the appeal and provide a final decision within 21 days of receipt.

d) During the appeals process, the termination remains in effect.

14. Dispute Resolution

14.1 Resolution Process

a) In the first instance, participants should aim to resolve disputes directly with their instructor.

b) If a resolution cannot be achieved with the instructor, participants may escalate the issue by writing to [email protected].

c) Upon receiving a written complaint, Saber Academy will:

• Confirm receipt of the complaint via email within 2 business days
• Aim to resolve the dispute within 21 business days

14.2 Mediation

a) Saber Academy will strive to resolve disputes through internal mediation processes.

b) If necessary, Saber Academy may engage a third-party mediator to facilitate resolution.

c) The mediator will be selected from the Institute of Arbitrators and Mediators Australia (IAMA) or a similar recognized body.

14.3 Alternative Dispute Resolution

a) If a dispute cannot be resolved through the above processes, Saber Academy may suggest alternative dispute resolution methods, such as arbitration.

b) Any alternative dispute resolution process will be agreed upon by both parties.

14.4 Governing Law and Jurisdiction

a) These Terms of Service and any disputes arising from them are governed by the laws of South Australia.

b) Any legal action or proceeding relating to these Terms shall be instituted in the courts of South Australia.

c) You agree to submit to the jurisdiction of the courts of South Australia for the purpose of litigating all such claims or disputes.

15. Modifications to Terms

15.1 Review and Update Schedule

a) Saber Academy conducts a major review of these Terms of Service every 2 years.

b) Minor revisions may be conducted from time to time as needed.

15.2 Notification of Changes

a) Participants will be notified of any changes to the Terms of Service via email sent to the address associated with their registered account.

b) The email notification will include a summary of the changes and the effective date of the new Terms.

15.3 Participant Options

a) If a participant does not agree with the changes to the Terms, they may:

• Submit a complaint via email to [email protected]
• Send a written complaint to the address provided in these Terms

b) Saber Academy will review and respond to all complaints regarding Terms changes within a reasonable timeframe.

c) Continued use of Saber Academy services after the effective date of any changes constitutes acceptance of the new Terms.

15.4 Immediate Changes

a) Saber Academy reserves the right to make immediate changes to the Terms without prior notice only in circumstances relating to adjustments to the webpage and visuals.

b) Such changes will not materially affect the rights or obligations of participants.

15.5 Access to Previous Versions

a) Upon request, Saber Academy will provide participants with access to previous versions of the Terms of Service for up to two years from the date of the most recent update.

15.6 Severability

a) If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

16. Accessibility

16.1 Accommodation Policy

a) Saber Academy is committed to providing inclusive training experiences for all participants.

b) While the core techniques of saber training cannot be modified, instructors will endeavor to make all reasonable accommodations and provide alternatives where possible, provided that such alternatives do not compromise the quality of the training.

16.2 Requesting Accommodations

a) For in-person training: Participants can request accommodations directly from the instructor at the beginning of the session or course.

b) For online training: Participants should email their instructor prior to the start of training to request accommodations.

c) All accommodation requests should be made with as much advance notice as possible to allow for proper preparation.

16.3 Limitations on Accommodations

a) Saber Academy will make every reasonable effort to accommodate participants with disabilities. However, some limitations may exist due to:

• Safety considerations
• The physical nature of saber training
• Available resources and equipment

b) In cases where requested accommodations cannot be fully met, Saber Academy will work with the participant to find the best possible alternative solution.

16.4 Confidentiality

a) All information regarding accommodation requests will be kept confidential and only shared with relevant staff members on a need-to-know basis.

16.5 Digital Accessibility

a) Saber Academy strives to make its website and digital content accessible to all users.

b) Our website aims to conform to Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA.

17. Force Majeure

17.1 Definition of Force Majeure Events

Force majeure events are circumstances beyond Saber Academy’s reasonable control that prevent or delay the performance of its obligations under these Terms. Such events may include, but are not limited to:

a) Natural disasters (e.g., earthquakes, floods, severe storms) b) Acts of war, terrorism, or civil unrest c) Government actions or orders that prevent the delivery of services d) Pandemics or widespread public health emergencies e) Major disruptions to transportation or communication systems f) Prolonged power outages or cyber-attacks affecting Saber Academy’s systems

Example: A severe storm that causes widespread power outages and prevents access to training facilities would be considered a force majeure event.

17.2 Handling of Services and Payments During Force Majeure Events

a) In the event of a force majeure situation, Saber Academy may:

• Suspend or modify services temporarily
• Reschedule training sessions or events
• Offer alternative delivery methods where possible (e.g., switching from in-person to online training)

b) Payments and subscriptions:

• For short-term disruptions (less than 14 days), regular payment schedules will continue
• For longer disruptions, Saber Academy may, at its discretion:
  • Extend subscription periods to cover the disrupted time
  • Offer credits for future services
  • Provide partial refunds in exceptional circumstances

c) Saber Academy will not be liable for any losses, damages, or expenses incurred by participants due to service disruptions caused by force majeure events.

17.3 Notification Procedures

In the event of a force majeure situation, Saber Academy will:

a) Notify affected participants via email as soon as reasonably possible b) Post updates on the Saber Academy website and social media channels c) Provide regular updates on the status of services and any alternative arrangements

d) Offer guidance on how participants can continue their training during the disruption, if applicable

17.4 Termination Due to Extended Force Majeure

a) If a force majeure event continues for an extended period (e.g., more than 30 days), either party may terminate the agreement by providing written notice to the other party.

b) In case of such termination, Saber Academy will provide pro-rata refunds for any prepaid services that could not be delivered due to the force majeure event.

17.5 Resumption of Services

a) Once the force majeure event has passed, Saber Academy will notify participants about the resumption of regular services.

b) Any changes to schedules, locations, or delivery methods necessitated by the force majeure event will be communicated clearly to all affected participants.

17.6 Duty to Mitigate

a) Both Saber Academy and participants have a duty to take reasonable steps to mitigate the effects of a force majeure event.

b) This may include adapting to alternative training methods, rescheduling sessions, or finding mutually agreeable solutions to continue services where possible.

18. Conclusion, Digital Acceptance, and Waiver of Liability

18.1 Entire Agreement

a) These Terms of Service constitute the entire agreement between you and Saber Academy regarding your use of our services, superseding any prior agreements between you and Saber Academy.

18.2 Assignment

a) You may not assign or transfer these Terms, by operation of law or otherwise, without Saber Academy’s prior written consent.

b) Saber Academy may assign or transfer these Terms, at its sole discretion, without restriction.

18.3 No Waiver

a) The failure of Saber Academy to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Headings

a) The section titles in these Terms are for convenience only and have no legal or contractual effect.

18.5 Digital Acceptance

a) By checking the box labeled “I agree to the Terms and Conditions” during the account registration process, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

b) This digital acceptance is legally binding and equivalent to a physical signature.

c) If you do not agree to these Terms, you must not check the agreement box and should not proceed with registration or use of Saber Academy’s services.

18.6 Record of Acceptance

a) Saber Academy maintains electronic records of user acceptance of these Terms.

b) These records include the date and time of acceptance, along with the user’s account information.

18.7 Amendments and Updates

a) Saber Academy reserves the right to amend these Terms at any time.

b) You will be notified of any changes as outlined in Section 15 of these Terms.

c) Continued use of Saber Academy’s services after such changes constitutes acceptance of the updated Terms.

18.8 Acknowledgment of Risks

By accepting these Terms digitally, you specifically acknowledge and agree that:

a) Participation in martial arts training, including but not limited to saber combat, involves inherent risks of physical injury or death.

b) These risks may result from your own actions, inactions, or negligence, as well as the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the activity is being conducted.

c) You have been informed of and understand the potential risks associated with this activity and you voluntarily choose to participate, accepting all risks associated with your participation.

18.9 Waiver and Release of Liability

By accepting these Terms, you agree to the following waiver and release of liability:

a) You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Saber Academy Pty Ltd, its officers, officials, agents, employees, other participants, and sponsoring agencies (“Releasees”) from and against any and all claims, injuries, liabilities or damages arising out of or related to participation in any and all Saber Academy activities.

b) This release includes, without limitation, any personal injury, disability, death, loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.

c) You acknowledge that you have read this waiver of liability and fully understand its terms. You understand that you have given up substantial rights by accepting it and do so freely and voluntarily without any inducement.

18.10 Indemnification

You agree to indemnify, defend, and hold harmless Saber Academy and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from your use of Saber Academy’s services, your violation of these Terms, or your violation of any rights of a third party.

18.11 Acknowledgment of Understanding

By accepting these Terms digitally, you specifically acknowledge that:

a) You have read, understood, and agree to be bound by these Terms. b) You have the legal capacity to enter into this agreement. c) You are accessing these Terms in a form that you can read and save for future reference. d) You understand and accept the risks associated with participating in Saber Academy’s activities. e) You agree to waive certain legal rights as set out in these Terms.

If you have any questions or concerns about these Terms, please contact us before accepting them:

Saber Academy Pty Ltd 166 Calton Road, Kalbeeba, South Australia, 5118 Email: [email protected] Phone: +61402454503

Last updated: 7th September 2024