Participation Policy

Fast5 Netball – Participation Policy

Risk Warning:  Your participation in Fast5 Netball activities (Activities) is inherently dangerous and may involve risk.  There are risks specifically associated with participation in the Activities and accidents can and often do happen which may result in personal injury, death or property damage.  Prior to undertaking any such Activities, you must ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have.  By agreeing to this Participation Policy, you acknowledge, agree and understand that participation in the Activities may involve risk and may result in personal injury (even of a serious nature) and that you fully accept and agree to bear those risks.  You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.

Waiver:  A supplier of recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) or recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) or Civil Liability Act 2002 (WA), as applicable) can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including those in sections 60 and 61, are excluded and do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities) insofar as they relate to liability for death or personal injury arising from the Activities.  If you agree to this Participation Policy, 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 Netball Australia in relation to recreational services or recreational activities that you undertake (because the recreational services or recreational activities provided were not in accordance with the guarantees) are excluded, restricted or modified as set out in Annexure A.

Release and Indemnity:  In consideration of Netball Australia accepting your application to participate in the Activities you, to the extent permitted by law:

    • release and forever discharge Netball Australia from all actions, suits, proceedings, claims, demands, damages, penalties, costs or expenses however arising from or in connection with any Activities (excluding a claim against Netball Australia by any person expressly entitled to make a claim under Netball Australia’s insurance policy, a claim against Netball Australia under any right expressly conferred by its constitution or regulations) (Claim) that you may have or may have had but for this release arising from or in connection your participation in the Activities;
    • release and indemnify Netball Australia against any Claim which may be made by you or on your behalf for or in respect of or arising out of your injury or death whether caused by the negligence or breach of contract by Netball Australia or in any other manner whatsoever; and
    • indemnify and will keep indemnified and hold harmless Netball Australia to the extent permitted by law in respect of any Claim by any person:
    • arising as a result of or in connection with the Activities; and
    • against Netball Australia in respect of any injury, loss or damage arising out of or in connection with your failure to comply with Netball Australia’s rules and/or directions, 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 Netball Australia.

Insurance:  You acknowledge and agree that Netball Australia and/or the relevant State or Territory Netball Organisation (STO) or Provider (as defined below) (each an Insured Party) may arrange some limited insurance coverage, which may provide you with some protection for loss, damage or injury that you may suffer during your participation in the Activities.  However, you acknowledge and agree that any insurance taken out by an Insured Party may not provide full indemnity for loss, damage or injury that you may suffer during your participation in the Activities and that you may have to pay the excess if a claim is made on your behalf under any such insurance.  You agree that your own insurance arrangements are ultimately your responsibility and you will arrange appropriate coverage at your expense after taking into account an Insured Party’s insurance arrangements (if any) and your own circumstances.

Medical Treatment Consent:  In the event of any injury or illness to you whilst participating in the Activities, you authorise any official from the location, sporting area or centre at which you participate in the Activities (a Provider) to obtain at your expense any medical assistance, treatment and transportation as deemed necessary.  Except where provided or required by law and such requirement cannot be excluded, you agree that the Provider and its respective directors, officers, members, servants or agents are absolved from all liability arising from injury or damage to you, however caused, whilst participating in the Activities.

Payment: You acknowledge that the payment you make to participate in the Activities is made to Netball Australia and that Netball Australia reserves the right to use or distribute the money paid for any purpose that it sees fit.

Cancellation, Refunds and Termination:  You may cancel your participation in an Activity prior to the commencement of that Activity without incurring a charge.  If you are unable to participate in an Activity and were unable to cancel your participation prior to the commencement of that Activity, you may write to the relevant STO to request a refund or cancellation of a scheduled payment (as the case may be) by giving appropriate reasons.  The relevant STO may, in its sole discretion, provide you with a refund or cancel the scheduled payment (as the case may be).  Netball Australia will not refund you for any transaction fees incurred.  Netball Australia is not liable to you for any loss or damage you suffer as a result of the Activities being cancelled, postponed or changed.  Netball Australia may terminate your participation in the Activities on reasonable grounds at any time.  Netball Australia, an STO or a Provider may, in its absolute discretion, change the Activities, including dates, session times, durations and locations.

Photographs and Video:  You consent to Netball Australia, the STOs and the Provider using your name or image in any form or medium for general marketing and promotional activities.  You acknowledge that your name or image will be used without any personal compensation or remuneration.

Privacy:  You agree that your information may be collected, held, used and shared within the network of STOs, participating clubs, organisations and other entities involved in Fast5 Netball (the Netball Australia Network) and Netball Australia and/or the Netball Australia Network may send you marketing communications from the Netball Australia Network unless and until you opt out.  For more information about how Netball Australia handles your personal information, please refer to the Privacy Policy from time to time, available at http://netball.com.au/about-netball-australia/governance/privacy-statement.  For more information about how each organisation within the Netball Australia Network handles your personal information (including your information access, correction and complaint rights), please refer to their respective privacy policies.

Associated Policies and Procedures:  You agree to be bound by and to comply with the terms, policies, rules, regulations, and codes of Netball Australia related to the Activities, including but not limited to:

    • the Terms of Service from time to time, available at http://playfast5.com.au/terms-and-conditions;
    • the Privacy Policy from time to time, available at http://netball.com.au/about-netball-australia/governance/privacy-statement;
    • the Recurring Payment Authority from time to time, available at http://playfast5.com.au/payments;
    • the Provider’s Constitution and Bylaws to the extent they are relevant to your participation in the Activities; and
    • Netball Australia’s Constitution, Regulations and Policies, including but not limited to the Netball Australia Member Protection Policy.

Variations:  Netball Australia may vary the Activities or this Participation Policy by notifying you either by email or when you next log into the Fast5 Netball portal or app.  Your continued participation in the Activities after such a variation constitutes your acceptance of the updated Activities or Participation Policy, as the case may be.

Governing Law and Jurisdiction:  This Participation Policy is governed by the law of Victoria.  The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.  The parties will not object to the exercise of jurisdiction of those courts on any basis.

Assignment:  Netball Australia may assign or transfer its rights and obligations under this Participation Policy to another organisation, but this will not affect your rights or Netball Australia’s obligations under this Participation Policy.  You may not transfer your rights or obligations under this Participation Policy to another person.

 


 

PARTICIPATION DECLARATION

In order to proceed, you must have read and agreed to the terms and conditions contained in the Participation Policy and this declaration.

By accepting these terms and conditions you:

    • declare that you are at least 15 years of age;
    • declare that you have read, understood, acknowledge and agree to be bound by the terms and conditions in the Participation Policy and declaration, including the exclusion of implied terms, warning, assumption of risk, release and indemnity;
    • understand that the Activities will be conducted under the rules as set by the Netball Australia guidelines;
    • declare that you are fit and able to participate in the Activities, and that you have no health issues or conditions that will affect your participation in the Activities;
    • understand that netball is a limited contact sport and that there is a risk of injury involved in participating in the Activities; and
    • agree to make payment for your participation in the Activities.

If the participant is under the age of 18 the Participation Policy and declaration must also be accepted by the participant’s parent or legal guardian.  As the parent or guardian of the participant, you:

    • authorise and consent to the participant’s participation in the Activities;
    • expressly agree to be responsible for the participant’s behaviour and agree to accept in your capacity as parent or guardian, the terms set out in the Participation Policy and declaration, including the provision by you of a release and indemnity in the terms set out above;
    • declare that you have read, understood, acknowledge and agree to, and have fully explained to the participant, the terms and effect of the Participation Policy and declaration, including the warning, exclusion of implied terms, release and indemnity; and
    • acknowledge and declare that the participant has read the application and declaration and, together with your explanation, the participant has, to the best of your belief, understood the terms and effect of the Participation Policy and declaration, including the warning, exclusion of implied terms, release and indemnity.
 


 

ANNEXURE A

Recreational services or recreational activities to which the Australian Consumer Law applies:  By agreeing to the Participation Policy and declaration, you agree that the liability of Netball Australia in relation to:

    • death;
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    • contraction, aggravation or acceleration of a disease; or
    • 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:
      • that is or may be harmful or disadvantageous to you or the community; or
      • 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.

For recreational services provided in Victoria:  Under the Australian Consumer Law (Victoria) and Australian Consumer Law and Fair Trading Act 2012 (Vic), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that Netball Australia is required to ensure that the recreational services (as that term is defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic)) it supplies to you:

    • are rendered with due care and skill;
    • are reasonably fit for any purpose which you either expressly or by implication, make known to Netball Australia; and
    • might reasonably be expected to achieve any result you have made known to Netball Australia.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Netball Australia is entitled to ask you to agree that these conditions do not apply to you.  If you agree to this Participation Policy and declaration, you will be agreeing that your rights to sue Netball Australia under the Australian Consumer Law and Fair Trading Act 2012 (Vic) 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 the Participation Policy and declaration.

The change to your rights, as set out in the Participation Policy and declaration, does not apply if your death or injury is due to the gross negligence of Netball Australia, an STO or a Provider.  “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 section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic).

By agreeing to this Participation Policy and declaration, you agree that the liability of Netball Australia for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) 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.

For recreational services or activities provided in New South Wales or Western Australia:  For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia), applies:

By agreeing to this Participation Policy and declaration, you agree that the liability of Netball Australia in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) or Civil Liability Act 2002 (WA), as applicable) for any:

    • death;
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    • the contraction, aggravation or acceleration of a disease;
    • 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:
      • that is or may be harmful or disadvantageous to you or the community;
      • 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.

For recreational services provided in the Australian Capital Territory, Queensland or Tasmania:  For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania) applies:

By agreeing to this Participation Policy and declaration, you acknowledge that where you are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.

You acknowledge that these implied terms and rights and any liability of Netball Australia flowing from them, are expressly excluded to the extent possible by law by this Participation Policy and declaration. To the extent of any liability arising, the liability of Netball Australia will, at the discretion of Netball Australia, be limited, in the case of goods, to the replacement, repair or payment of the cost of replacing the goods, and in the case of services, to the resupply of the services or payment of the cost of having the services supplied again.  For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.

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