CODE OF PRACTICE FOR YUN HOI GWOON
AND YUN HOI GWOON INSTRUCTORS
(Yun Hoi Gwoon, at all times, acts ethically and legally and follows the AWKF Code. Below, sections not relevant to Yun Hoi Gwoon have been omitted to facilitate easier reading. Members are referred to the full Code http://www.akwf.com/codes_of_practice.php)
PART 1 - INTRODUCTION
Objectives
The objectives of the Yun Hoi Yuen Kay San Wing Chun Kuen Gwoon Code of Practice are: -
1.1 To teach the highest quality gung fu and pass down the legitimate art of Wing Chun from the Red Boats of Gwangjo.
1.2 To set a standard of fee collection that is fair and protects the students financially.
1.3 To set a standard of training that protects the health and well-being of each student.
1.4 To establish the highest standard for the qualification of Yun Hoi Gwoon instructors.
Application of Code
2. This code applies to Yun Hoi Gwoon and instructors.
Interpretation
3. In this Code, unless the contrary intention appears: -
“Yun Hoi Gwoon” means any premises that provides Yun Hoi Yuen Kay San Wing Chun Gung Fu instruction.
"Code" means this Code of Practice for Yun Hoi Gwoon;
"student" means a person who is supplied with self defence instruction;
"cooling-off period" means the period referred to in Clause 22 during which a
applicant for membership may decline an offer of membership;
"training equipment,” means apparatus or equipment used in Yun Hoi Gwoon instruction;
"membership agreement" means an agreement referred to in Clause 13 between Yun Hoi Gwoon and a student and any other party (a parent of a young person 12-18 years of age) to the agreement for membership;
"personal information" means information about an individual whose identity is apparent, or can be reasonably ascertained, from the information;
"standard cost" means the cost which is normally charged by Yun Hoi Gwoon for training and does not include any discount offer.
PART II - GWOON OBLIGATIONS
4. Yun Hoi Gwoon will not use misleading or false advertising or marketing practices, which may include, but is not limited to, false or misleading representations concerning the price of goods or training, false representations that training has benefits which it does not have; false or misleading representations concerning the need for goods or training.
5. Yun Hoi Gwoon will ensure that sufficient information is available to enable a prospective student to make an informed decision in relation to membership of the gwoon or the provision of Yuen Kay San Wing Chun instruction, and in particular will: -
(a) ensure that all promotional material is truthful, accurate and unambiguous;
(b) ensure that promotional material does not encourage unrealistic expectations about the outcomes attainable from Yuen Kay San Wing Chun instruction or any equipment provided;
(c) not make misleading or false comparisons with programs provided by
competitors;
(d) allow suitable prospective students to undertake a free trial lesson without an obligation to join the club;
(e) allow Yun Hoi Gwoon to assess prospective students who undertake a free trial lesson for suitability to join the club;
(f) make available for perusal a copy of this Code; and
(g) ensure that instructors act in an ethical and professional manner.
6. On request, Yun Hoi will give a copy of the signed membership agreement to any student accepted for membership.
7. Yun Hoi Gwoon will ensure that all instructors are NCAS accredited.
8. Yun Hoi will ensure that there is an appropriately qualified instructor, in accordance with clause 7, available at all times during which training is provided.
9. Yun Hoi Gwoon will ensure that training offered under the membership agreement is ordinarily available to students.
10. Yun Hoi Gwoon will maintain and provide evidence of adequate public liability insurance and professional indemnity insurance based on accepted industry standards.
11. Yun Hoi Gwoon will ensure that all instructors are totally conversant with the terms of this Code by posting it on an appropriate Members’ section of the club website.
12. Yun Hoi Gwoon will not disclose to any person any personal information acquired by the club from a member or prospective member unless authorized, in writing, by the student.
Membership agreements.
13. Yun Hoi Gwoon will not enter into a membership agreement or accept payment from a prospective student if there are reasonable grounds of which Yun Hoi is aware, or ought reasonably to be aware, for believing that the training under the membership agreement cannot be provided.
14. The membership agreement sets out the gwoon rules.
15. Yun Hoi Gwoon does not operate on a business model and does not offer contracts.
Refunds or Membership Deferment due to Sickness or Physical
incapacity
16. Where a student is unable, by reason of temporary physical incapacity verifiable by a medical certificate from a qualified medical practitioner, to avail him/herself of the training provided under the membership agreement, that student is entitled to defer the balance of the period of the membership agreement to a period agreed with Yun Hoi Gwoon if they are able to have their fitness to resume training certified by a qualified medical practitioner.
Students permanently unfit to train will have the balance of any fees paid refunded from the time of notification of unfitness.
17. Where a student is to receive a refund under Clause 16, Yun Hoi Gwoon may deduct from the amount refunded the standard cost of any service provided including a reasonable administration charge.
18. Where a student is to receive a refund under Clause 16 Yun Hoi Gwoon will pay the refund due to the student within 7 days.
19. Before signing an application for membership form Yun Hoi Gwoon shall provide the student with written advice of:
(a) the joining fee;
(b) the fee for each term;
(c) the fee for their grading;
(d) any other fees payable;
(e) any early cancellation fee or late payment fee and circumstances under which those fees are payable.
20. The application for membership form advises the student of the potential dangers and risks associated with the practice of martial arts.
Prospective student to complete pre-instruction questionnaire
21. Yun Hoi Gwoon will not provide a martial arts instruction to a casual visitor or enter a membership agreement with a student unless the student completes a questionnaire, provided by Yun Hoi Gwoon, in relation to the student's risk in participating in martial arts instruction and that questionnaire is assessed by a Yun Hoi Gwoon instructor.
33. Where answers to the questionnaire indicate that a prospective student may be at risk from participating in martial arts instruction, the Club will not provide any martial arts instruction to the prospective student unless they provide proof in writing that they have received advice from a qualified medical practitioner or any appropriate health professional to the effect that the consumer is, in the opinion of the practitioner or the health professional, not at risk from participating in the proposed martial arts activity.
34. Where Yun Hoi Gwoon receives evidence that the student or prospective student may be at risk from participating in a club activity under Clause 32, Yun Hoi Gwoon will not provide martial arts instruction until an appropriately qualified person has provided advice to the student or prospective student in relation to an appropriate martial arts instruction program.
Standard of Martial Arts Centre
36. Yun Hoi Gwoon will provide a fully equipped first aid kit located in a prominent, easily accessible position, and ensure that all senior members know its location.
37. Yun Hoi Gwoon will ensure that all equipment: -
(a) is mechanically sound, and is installed and used in accordance with the manufacturer’s instructions and standards; and
(b) is checked as required to ensure continued user safety.
38. (a) Yun Hoi Gwoon will ensure that instructors who advise students how to operate any equipment must themselves be adequately trained as to the equipment's use.
(b) All instructors will ensure that all students who are provided training equipment will be appropriately guided in the correct and safe usage of said equipment.
39. Yun Hoi Gwoon will ensure that all training areas contain adequate safe working space and that numbers do not hinder safe and effective use of any training equipment.
Qualifications of staff
40. (a) Yun Hoi Gwoon will not represent to a student or prospective student that a person who is to provide the martial arts instruction program is qualified to instruct if the person is not so qualified.
(b) An instructor will not advertise, represent or imply to a student or prospective student that:
i) they are of a rank, grade or accreditation standard that is not
legitimately held by said instructor. Under this section of the Code and for
the avoidance of doubt it will be considered a breach of this Code if an
accredited instructor advertises, promotes or implies that they have an
accreditation that is not actually held, for example if an instructor was
accredited as a ‘martial arts instructor’ by the MAIA and yet advertise that
they were an accredited karate instructor. It would similarly be a breach
of this Code for an instructor whose accreditation has lapsed, expired or
been cancelled to advertise, promote or imply that he/she is an accredited
instructor.
ii) they have had a training or learning experience greater than that which
has actually been gained by the instructor.
(c) Instructors will not advertise or promote themselves by describing themselves in a way that cannot be substantiated or qualified and that may mislead a student or prospective student as to the real level of an instructor’s ability or competence.
(d) An instructor will not advertise or use the titles of ‘Doctor’ or ‘Professor’ unless said titles have been granted by a recognised Australian Tertiary Institution or by an overseas Tertiary Institution whose standards are recognized by an Australian University Board. (These qualifications have no bearing on martial arts instruction, anyway).
41. A person who is gaining experience to become an accredited instructor must be supervised by a person who is qualified to instruct at the appropriate level. Student or prospective students must be advised that a trainee is providing services.
42. (a) A person is qualified to provide martial arts instruction if the person is currently accredited under either the NCAS or NMAS.
(b) Said qualified person shall, at all times, be bound by the ‘Instructor’ Code of Ethics’.
43. Yun Hoi Gwoon will ensure that during all hours of opening there is an accredited instructor on the Club premises.
Complaints Resolution Procedure
57. Yun Hoi Gwoon will make every reasonable effort to resolve quickly and fairly any complaint made by a student or prospective student.
58. Where a complaint is made the person receiving the complaint will:
(a) provide the complainant with written feedback within 10 days of receiving the complaint regarding the result of action taken by the Club to resolve the
complaint.
(b) if it is not possible to resolve the complaint within 10 days, provide written acknowledgment of the receipt of the complaint within 7 days and specify the time frame within which the complainant will receive feedback regarding the result of action taken by the Club to resolve the complaint.
59. The supplier will ensure that all staff employed are familiar with the Gwoon’s complaints resolution policies and procedures.
60. Yun Hoi Gwoon will collect relevant data relating to the complaints it receives from student or prospective students.
61. Where a complaint cannot be resolved between the Club and student or prospective student, the Club must advise the student or prospective student of the student or prospective student's right to refer the complaint to
the CAC. Either party can refer the complaint to the CAC.
62. Where a complaint is referred to the CAC, it, as soon as practicable after the referral, hear the complaint and notify the parties in writing of the determination.
DOOR-TO-DOOR SELLING
69. Yun Hoi Gwoon does not engage in ‘door to door’ selling.
INSTRUCTOR CODE OF ETHICS
1. Respect the rights, dignity and worth of every human being
Within the context of any activity, treat everyone equally regardless of sex,
ethnic origin or religion
2. Ensure the member’s time spent with you is a positive experience
All members are deserving of equal attention and opportunities
3. Treat each member as an individual
Respect the talent, developmental stage and goals of each individual student
Help each student reach their full potential
4. Be fair, considerate and honest with students
5. Be professional in and accept responsibility for your actions
Language, manner, punctuality, preparation and presentation should display
high standards
Display control, respect, dignity and professionalism to all involved with
the martial art.
Encourage your students to demonstrate the same qualities:
6. Provide a quality service to your students
Maintain or improve your current NCAS or NMAS accreditation
Seek continual improvement through performance appraisal and ongoing coach education
Provide a training program that is planned and sequential
Maintain appropriate records
7. Operate within the rules and spirit of your martial art
The guidelines of national and international bodies governing your martial
art should be followed
8. Any physical contact with students should be:
appropriate to the situation
necessary for the student’s skill development
9. Refrain from any form of personal abuse (verbal, physical, emotional ) towards your students
Be alert to any forms of abuse directed towards your students from other sources whilst they are in your care
10. Refrain from any form of harassment towards your students
11. Provide a safe environment for training
Ensure equipment and facilities meet safety standards
Equipment, rules and the environment need to be appropriate for the age and ability of the students
12. Show concern and caution towards sick and injured students
Provide a modified training program where appropriate
Allow further participation in training and competition only when appropriate
Seek medical advice when required
Maintain the same interest and support towards sick and injured students
13. Be a positive role model for your martial art and students
Instructors should...
Be treated with respect and openness
Have access to self-improvement opportunities
Be matched with a level of instructing appropriate to their level of competence