School of Netball Pty Ltd ACN 600 615 058 (“Erin Bell Netball”, “we” or “us”) offers and runs netball clinics.
In these Terms:
(a) “Participant” means the individual participating in the netball clinic run by Erin Bell Netball as identified in the relevant completed registration form;
(b) “You” means:
(i) the Participant, if the Participant is 18 years or older; or
(ii) the parent or legal guardian of the Participant, if the Participant is under 18 years of age.
To register for a clinic, You must correctly complete an online registration form on the Erin Bell Netball website at www.erinbell.com.au. By completing and submitting an online registration form, you acknowledge that You have read and understood these Terms and expressly agree and accept to be bound by these Terms.
3 Online Registration Form
The online registration form must be correctly completed by:
(a) the Participant, if they are aged 18 years or older; or
(b) the parent or legal guardian of the Participant, if the Participant is under 18 years of age.
Where a third party organisation engages Erin Bell Netball as an independent contractor to provide a clinic (for example, a school seeking to run a clinic for their students), the organisation may complete the online registration form for each Participant, but Erin Bell Netball will require You to agree to these Terms prior to the clinic and confirm that the details in the registration form are correct.
4 Acknowledgement and risks
You understand that the Participant’s participation in the clinic involves physically strenuous activity, that participation is likely to be physically demanding to the Participant, and that there are inherent risks in participation (including risk of personal injury or illness to the Participant).
You promise and represent that:
(a) You are aware of the nature of the activities undertaken by the Participant in the clinic and the medical, health and physical risks to the Participant associated with such activities (including risk of injury or illness); and
(b) the Participant is physically fit and otherwise capable of participating in the clinic without detriment to their health, physical condition or safety; and
(c) any injuries or medical conditions currently suffered by the Participant are detailed on the Registration Form (or if the injury or medical condition occurs or becomes apparent after registration, details will be promptly emailed to Erin Bell Netball at email@example.com).
Erin Bell Netball relies on these representations. Erin Bell Netball and its employees and independent contractors are not medically trained and are not qualified to assess whether the Participant is capable of participating in the clinic without detriment to their health, physical condition or safety.
You authorise any representative of Erin Bell Netball to obtain any medical assistance, treatment or transport for the Participant as reasonably necessary. You consent to any such medical treatment and/or transportation for the Participant. You acknowledge and agree that You will be responsible for any costs associated with any such medical treatment and/or transportation.
You acknowledge that it is your responsibility to ensure that the Participant has appropriate health and medical insurance.
5 Registration fees
All fees are quoted in Australian Dollars (AUD). Payment is accepted by credit card only using VISA or Mastercard. If your payment is declined or is not received within two business days your registration will be cancelled.
Payment submitted by You to Erin Bell Netball constitutes an offer by You to us to place a registration on the terms and conditions contained within these Terms and is subject to our acceptance (which occurs when we issue an email acknowledgement of your registration and accept your credit card payment).
Erin Bell Netball may choose not to accept your registration at its sole discretion, including for example, if the maximum registration quota for the clinic has already been met, or if the clinic You have selected will no longer be offered.
You may cancel your registration for a clinic at any time. Our refund policy for cancellations is as follows:
(a) if the cancellation is due to injury or illness of the Participant, full refund of registration fee, less an administration fee of $5, provided that a supporting medical certificate is provided to Erin Bell Netball; or
(b) for cancellations for any reason other than injury or illness of the Participant:
(i) full refund of registration fee, less an administration fee of $5, for cancellations received at least 14 days prior to the clinic;
(ii) refund of 50% of the registration fee, less an administration fee of $5, for cancellations received 7 to 13 days prior to the clinic; and
(iii) no refund for cancellations made within 7 days of the clinic, unless the clinic is cancelled by Erin Bell Netball in accordance with paragraph 6.
Registrations may be transferred to another person subject to:
(a) receipt by Erin Bell Netball of a completed registration form including confirmation that the transferee (or if they are under the age of 18 years, their parent or legal guardian) agrees to be bound by these Terms; and
(b) the consent of Erin Bell Netball.
6 Cancellation or changes to the clinic by Erin Bell Netball
Erin Bell Netball reserves the right to cancel or postpone a clinic, or to vary the location (within 10km of the scheduled location) and the time of the clinic by prior email notice. An email will be sent to the email address in your registration form.
For example, a clinic will be cancelled if the weather is forecast to be above 38 degrees Celsius according to the Australian Bureau of Meteorology on the day of the clinic, or if there are insufficient numbers to run the clinic.
Where the clinic is cancelled due to bad weather (which will only occur where the temperature is above 38 degrees Celsius or a severe storm) an email will be sent to You by 8:00am on the day of the clinic. Please check your email. Erin Bell Netball will also generally post this information to the Erin Bell Netball Facebook page. Apart from these instances, clinics (including outdoor clinics) will generally be run rail, hail or shine.
Erin Bell Netball also reserves the right to vary the clinic content and the personnel running the clinic, without prior written notice. For example, the clinic content may be varied in extreme temperatures.
Erin Bell Netball will generally re-schedule cancelled clinics on a later date. Notification will be provided by email. If the Participant is unable to attend at the re-scheduled time You will receive a refund of your registration fee, provided that you advise Erin Bell Netball in writing that the Participant is unable to attend within 48 hours of receiving the re-scheduled time.
7 Inappropriate behaviour
Erin Bell Netball may require the Participant to cease participation in a clinic if the Participant’s behavior affects the safety or enjoyment of other participants in the clinic. No refund will be given in these circumstances.
Erin Bell Netball collects personal information to process registrations for a clinic, respond to your enquiries, provide the products and services You request, to obtain your feedback, to provide You with direct marketing and for our general business operations. We may collect sensitive information from You about a Participant, for example, health information when You register the Participant for a clinic. You confirm and warrant that You have the Participant’s consent to provide us with the personal and sensitive information about the Participant which you provide to us. We may collect personal information about You from third parties (for example, from your sporting associations, coaches and educational institutions that arrange services to be provided to You by Erin Bell Netball and from publicly available sources).
We may disclose your personal information for these purposes to third parties (such as our contractors who provide services to us, and other third parties) and as otherwise permitted or required by law. Generally, we do not disclose your personal information to recipients located overseas except as permitted or required by law.
If You do not provide the requested personal information, Erin Bell Netball may be unable to provide its services to You, respond to your enquiry or otherwise deal with your request.
9 Talent release
In the course of participating in clinics and other services provided by Erin Bell Netball, photographs may be taken and video footage recorded which may feature or include the Participant’s and/or your image and/or voice (Content).
By signing this form, You:
(a) irrevocably and unconditionally consent to Erin Bell Netball recording the Content and using, modifying, editing, adapting, reproducing, publishing, communicating to the public and distributing the Content, for educational, marketing and promotional purposes (Content Licence).
(b) acknowledge and agree that the Content may include the Participant’s and/or your image or likeness;
(c) consent to the use of the Participant’s and/or your image or likeness and the Participant’s and/or your name in accordance with the Content Licence, and, to the maximum extent permitted by law, waive any rights You or the Participant may otherwise have to approve or object to the use of the Content and the Participant’s and/or your name in accordance with the Content Licence;
(d) to the maximum extent permitted by law, release Erin Bell Netball, its sublicensees and their respective employees, agents and contractors from any and all claims or causes of action you or the Participant may otherwise have regarding the Content or the use of the Content or the Participant’s and/or your name; and
(e) acknowledge that neither You nor the Particpant will receive no payment for such use.
10 Lost property
Clinics are not conducted on premises owned or leased by Erin Bell Netball. Erin Bell Netball does not remove items left behind by participants after a clinic and does not take responsibility for loss, damage or theft of the Participant’s and/or your belongings. You should contact the clinic venue if You or the Participant has lost, damaged or stolen belongings.
11 Your indemnity
To the maximum extent permitted by law, You indemnify Erin Bell Netball and its related entities and each of their directors, officers, employees, contractors and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from the Participant’s participation in the clinic, including any loss, injury, illness, death or damage to property or a breach of these Terms by You.
To the maximum extent permitted by law, You agree not to bring any claim or proceeding against Erin Bell Netball or its related entities, directors, offices, employee, contractors or agents for any damage, loss or injury whatsoever that You or the Participant may suffer from participation in the clinic.
Erin Bell Netball does not represent that the Participant’s participation in a clinic will result in improved skill or performance.
To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms. If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL which cannot lawfully be excluded, restricted or modified, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Before the Participant participates in any clinic, You must read the terms set out in the Risk Acknowledgement and Waiver Form attached. If You sign the Risk Acknowledgement and Waiver Form, You must provide the signed form to Erin Bell Netball before the Participant participates in any clinic.
To the maximum extent permitted by law, You agree that neither You nor Erin Bell Netball will be liable to the other for consequential losses. For the purposes of these Terms, consequential losses includes loss of profit, business interruption, loss of business opportunity or any other indirect, consequential, special, contingent or penal damage or loss.
If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
These Terms are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.
If You have any questions or comments regarding these Terms or our products or services, please contact us at firstname.lastname@example.org.
Form 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is—
• a statutory guarantee that those services will be rendered with due care and skill; and
• a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
• a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury2.
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights:
I agree that the liability of School of Netball Pty Ltd ACN 600 615 058 [the supplier of recreational services] for
any personal injury that may result from the supply of the recreational services that may be
suffered by me (or a person for whom or on whose behalf I am acquiring the services) is—
(b) restricted as set out below:
[specify the nature of the restriction]
(c) modified as set out below:
[specify the nature of the modification]
*Strike out whichever of (a), (b) or (c) do not apply and specify the nature of the restriction or modification, as is relevant.
Signature of witness:
Name and address of witness:
1 Recreational services are services that consist of participation in—
• a sporting activity or similar leisure-time pursuit; or
• any other activity that involves a significant degree of physical exertion or
risk and is undertaken for the purposes of recreation, enjoyment or leisure.
2 Personal injury is bodily injury and includes mental and nervous shock and death.
Further information about your rights can be found at www.ocba.sa.gov.a