Erin Bell Netball Participant Form
School of Netball Pty Ltd ACN 600 615 058 (Erin Bell Netball) offers and runs netball clinics.
To register for a clinic the Registration Form on the Erin Bell Netball website at www.erinbell.com.au must be completed and these Terms accepted.
These Terms must be agreed to by the participant, or if the participant is under the age of 18 years, by their parent or legal guardian.
By indicating your acceptance of these Terms, you acknowledge that you have read and understood these Terms, and that you agree to be bound by them.
2. Online Registration Form
The online registration form must be completed by:
(a) the participant, if they are aged 18 years or older; or
(b) the parent / 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 each participant (or if the participant is under the age of 18 years, their parent / legal guardian) to agree to these Terms prior to the Clinic and confirm that the details in the Registration Form are correct.
3. Acknowledgement and risks
You understand that 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 understand that there are inherent risks associated with participation in the clinic, which may result in personal injury (even of a serious nature) to the participant and that you fully accept and agree to bear those risks. Prior to you, or the participant, participating in the clinic, you should ensure that you are aware of all the risks involved, including those risks associated with any condition that you, or the participant may have; 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 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 firstname.lastname@example.org).
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 acknowledge that it is the responsibility of the participant (or if the participant is under the age of 18 years, the participant’s parent / legal guardian) to ensure the participant has appropriate health and medical insurance.
4. 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 constitutes an offer by you to us to place a registration on these conditions 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;
(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 cancellationsreceived 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 5.
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 (and if they are under the age of 18 years, their parent / legal guardian) agrees to be bound by these Terms; and
(b) the consent of Erin Bell Netball.
5. 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 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 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 rain, 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 you are 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 you are unable to attend within 48 hours of receiving the re-scheduled time.
6. Inappropriate behaviour
Erin Bell Netball may require you to cease participation in a clinic if your 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 your registration, 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, for example, health information when you register for a clinic. 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, from your parent or legal guardian where you are under 18 years of age 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 respond to your enquiry or otherwise deal with your request.
8. 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 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 your image or likeness;
(c) consent to the use of your image or likeness and your name in accordance with the Content Licence, and waive any rights you may otherwise have to approve or object to the use of the Content and your name in accordance with the Content Licence;
(d) release Erin Bell Netball, its sublicensees and their respective employees, agents and contractors from any and all claims or causes of action you may otherwise have regarding the Content or the use of the Content or my name; and
(e) acknowledge that you will receive no payment for such use.
9. 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 your belongings. You should contact the clinic venue if you have lost, damaged or stolen belongings.
10. Your indemnity
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 your participation in the clinic, including any loss, injury, illness, death or damage to property.
Erin Bell Netball does not represent that your participation in a clinic will result in improved skill or performance.
To the 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, 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 participating in any Clinic, you must agree to the terms set out in the Form 1 attached.
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 email@example.com.