ROCK UP NETBALL TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. UPON AGREEING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully:
In consideration of your application to participate in the Rock Up Netball program (and a RUN Activity) being accepted you acknowledge and agree to the following terms and conditions:
1. Definitions – in these terms and conditions:
a) "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the RUN Activity, but does not include a claim against the Netball Bodies:
i) by any person expressly entitled to make a claim under a Netball Bodies insurance policy; or
ii) under any right expressly conferred by the NV's Constitution or regulations.
b) "NV" means and includes Netball Victoria, its subsidiaries, members, and their respective directors, officers, members, servants or agents.
c) "Netball Bodies" means NV and the RUN Provider.
d) "RUN Activity" means any aspect of the 'Rock Up Netball' program (as developed and established by NV) that you have applied to register to participate in that is conducted by NV or the RUN Provider, including any of the sub-programs: 'TRAIN', 'PLAY' and 'Social Competition'.
e) "RUN Provider" means the operator of the RUN Activity which has been granted a licensee by NV to deliver the Rock Up Netball program.
2. If accepted you will be permitted to participate in one or more RUN Activities subject to you complying with these terms and conditions, the terms and conditions of the relevant venue at which the RUN Activity is conducted, any Netball Bodies policies which apply to participants in the RUN Activity and any reasonable direction issued by NV or the RUN Provider or their representatives. A copy of these documents is available upon request from the RUN Provider or NV.
3. Upon executing this contract you will be bound by it and any regulations, policies or codes which apply or relate to participants in the RUN Activity. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under the appropriate avenue in the RUN Provider's or, where applicable, NV's rules and regulations.
4. Risk Warning – Your participation in the RUN Activity is inherently dangerous and may involve risk. There are risks specifically associated with participation in the RUN Activity and accidents can and often do happen which may result in personal injury, death or property damage. Prior to participating in the RUN Activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the RUN Activity may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
5. Waiver – It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities). By agreeing to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
6. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:
By agreeing to these terms and conditions, you agree that the liability of the Netball Bodies in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c) the contraction, aggravation or acceleration of a disease;
d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to you or the community; or
ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities;
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
7. For recreational services to which the Australian Consumer Law (Victoria) applies:
Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form, is required to ensure that the recreational services it supplies to you:
a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
Note: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to these terms and conditions, you agree that the liability of the Netball Bodies for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.
8. Release & Indemnity – In consideration of the RUN Provider accepting your application to participate in the RUN Activity, to the extent permitted by law you:
a) release and forever discharge the Netball Bodies from all Claims that you may have or may have had but for this release arising from or in connection with this application and/or undertaking the RUN Activity; and
b) release and indemnify the Netball Bodies against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by the Netball Bodies, or in any other manner whatsoever; and
c) indemnify and will keep indemnified and hold harmless the Netball Bodies to the extent permitted by law in respect of any Claim by any person:
i. arising as a result of or in connection with you undertaking the RUN Activity; and
ii. against the Netball Bodies in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of the Netball Bodies (or any authorised person),
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Netball Bodies.
9. Insurance - Insurance is in place that may provide you with limited cover while participating in the RUN Activity. You understand this insurance may not cover you for all injury, loss or damage sustained and you acknowledge that the Netball Bodies do not make any representations about the suitability of any insurance. You also understand you can, in your own interests and at your own expense, seek and obtain personal insurances over and above any cover that may be provided by the Netball Bodies at your own expense and after taking into account the Netball Bodies insurance arrangements and your own personal circumstances.
10. Disclosure of Medical Conditions – You declare that you are medically and physically fit and able to participate in the RUN Activity. You are not and must not be a danger to yourself or to the health and safety of others. You will immediately notify the RUN Provider in writing of any change to your medical condition, fitness and ability to participate. You understand and accept that the RUN Provider will continue to rely upon this declaration as evidence of your fitness and ability to participate in the RUN Activity. You will report to the RUN Provider any accidents, injuries, loss or damage suffered by you during the RUN Activity before you leave any relevant venue.
11. Safety – You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in the RUN Activity, and you accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by the Netball Bodies in connection with the RUN Activity. If you fail to comply with the rules and/or directions of the Netball Bodies, you will not be permitted to participate or to continue to participate in the RUN Activity and no refund will be given.
12. Bar to proceedings – The Netball Bodies may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against NV or the RUN Provider, you:
a) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b) waive any right to object to the exercise of such jurisdiction;
c) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by NV or the RUN Provider) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by NV or the RUN Provider to remove the proceedings to the jurisdiction in which any incident occurs;
d) will pay the costs of any application made by NV or the RUN Provider under paragraph 12c) and will consent to any application for security of costs made at any time by NV or the RUN Provider; and
e) consent to paying NV's or the RUN Provider's legal defence costs of the proceedings (on a solicitor client basis) where NV or the RUN Provider successfully defends the proceedings.
13. Governing Law – The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
14. Prevailing conditions – You acknowledge and agree that:
a) participation in the RUN Activity may be affected by weather and associated conditions; and
b) there is often an element of the "luck of the prevailing conditions" when undertaking the certain elements of the RUN Activity over which the RUN Provider has no control.
You accept that in the event of extreme weather conditions the RUN Provider reserves the right to alter the format of, shorten, or cancel the RUN Activity in the interest of participant safety. You acknowledge that the RUN Provider will use all reasonable efforts to conduct the RUN Activity in the planned format if it is safe to do so. Should prevailing weather conditions force any change you accept that the RUN Provider is not obliged to provide any refund to you, nor to provide a credit transfer for you to another RUN Activity, or to restage the RUN Activity, as weather and associated conditions are beyond the control of the RUN Provider.
15. Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during the RUN Activity. You acknowledge and agree that such photographs and electronic images are owned by NV and that the Netball Bodies may use the photographs for promotional or other purposes without your further consent being necessary. Further, you consent to the Netball Bodies using your name, image, likeness and participation in the RUN Activity, at any time, by any form of media, to promote NV or the RUN Provider.
17. Non transferrable - You understand that where the RUN Provider grants a right to participate in the RUN Activity, such right is non-transferrable to other events or to other people. Any attempt to transfer your right to participate in the RUN Activity to another person without the knowledge of the RUN Provider may result in the cancellation of your registration without refund and you may not be permitted to participate in the RUN Activity or other activities of the Netball Bodies.
18. GST and Australian Dollars - All transactions are processed in Australian Dollars. All prices shown are inclusive of GST.
19. Cancellation of participation in RUN Activity - Unless otherwise stated in the RUN Activity's registration application, if you wish to cancel your participation in the RUN Activity, you may apply for a credit for the value of payments already made to the RUN Provider, which will be determined by the RUN Provider on a case by case basis taking into account the period of notice provided by you and any expenses incurred by the RUN Provider for your booking that the RUN Provider is not able to avoid or recoup despite its reasonable endeavours. If you would like to obtain detailed information about a credit for the RUN Activity prior to registration, please contact the RUN Provider. If you wish to apply for a credit, you must write to the RUN Provider and provide your name, address and reason for cancellation.
20. Entire agreement– This agreement (and the documents to which it refers) constitutes the entire agreement between the parties (being, you and the Netball Bodies) in respect to the RUN Activity and supersedes all other agreements, understandings and representations and negotiations with you in relation to the RUN Activity. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
21. Warranty - You warrant that all information provided is true and correct. You acknowledge this application and declaration cannot be amended. If you do amend it your application will be null and void and cannot be accepted by the RUN Provider.
PLEASE NOTE THE FOLLOWING:
If the Competition and Consumer Act 2010 or similar State laws operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the Netball Bodies for breach of warranties is limited to the:
(i) re-supply of the RUN Activity and related activities; or
(ii) payment of the cost of having the RUN Activity or related activities supplied again.
In order to proceed, I must have read and agreed to these terms and conditions. By checking the box below or signing where indicated, I declare that I have read, understood, acknowledge and agree to these terms and conditions including the exclusion of implied terms, warning, assumption of risk, release and indemnity. I agree that if my application is accepted I will be bound by these terms and conditions.
Where the applicant is under 18 years of age:
You are the parent or guardian of the applicant. You authorise and consent to the applicant participating in the RUN Activity. In consideration of the application being accepted, you expressly agree to be responsible for the applicant's behaviour and agree to accept in your capacity as parent or guardian, these terms and conditions. You have read and understood these terms and conditions and have fully explained to the applicant its terms and effect. The applicant has read these terms and conditions and together with your explanation the applicant has, to the best of your belief, understood the terms and effect of the application and declaration. In addition, you agree to be bound by and to comply with the rules, regulations, policies and codes of the Netball Bodies related to the conduct of the RUN Activity.
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