Terms & Conditions

Your child’s completed online registration form and these terms and conditions of participation (which may be amended by Soccer Bilbies ABN 62 450 871 813 (Soccer Bilbies) from time to time by uploading updated terms and conditions of participation to Soccer Bilbies’ website (terms and conditions)) are the conditions upon which you agree to allow your child to participate in the Soccer Bilbies’ soccer program (Program).

1.    Acknowledgment of Risk
1.1.    You understand that there are inherent risks associated with participation in the Program, which may result in personal injury (even of a serious nature) to a child and that you fully accept and agree to bear those risks.

1.2.    You acknowledge there is an unquantifiable risk of transmission of viral illness including COVID-19 associated with participation in the Program and you have considered that risk and your and the child’s personal circumstances, including any vulnerability that the child may have or that of persons whom the child will be in close contact with following the child’s participation in the Program. You acknowledge that, for a small number of people, COVID-19 has very serious health consequences. By the child participating in the Program, you acknowledge and accept these risks.

2.    Warranties and disclosures
2.1.    You warrant that:
(a)    the child is medically and physically fit and able to participate in the Program;
(b)    the child has not at any time been excluded from physical or recreational activities for health reasons by a medical practitioner;
(c)    the child has not at any time suffered any blackout, seizure, convulsion, fainting, dizzy spells or any other condition and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the child to participate in the Program;
2.2.    You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either the child or any other person will suffer injury, loss or damage.

2.3.    You acknowledge that Soccer Bilbies rely on information provided by you and that all such information is accurate and complete.

3.    Limitation of Liability
3.1.    Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement.
3.2.    If the CCA or any other legislation implies a condition or warranty in respect the Program and Soccer Bilbies’ liability for breach of that condition or warranty may not be excluded but may be limited, then Soccer Bilbies’ liability for any breach of that condition or warranty is limited to Soccer Bilbies doing any of the following (at its election):
(a)    repayment of any amounts paid by you under these terms and conditions to Soccer Bilbies; or

(b)    supplying or resupplying any Program services to which you are entitled in accordance with these terms and conditions.

4.    Release and indemnity
4.1.    In consideration of Soccer Bilbies accepting the child’s registration, you, to the extent permitted by law, release, indemnify and forever hold harmless Soccer Bilbies (including its employees, agents and volunteers) against all Claims for any damage, loss or injury whatsoever that you or a child may suffer from participation in the Program (save for any loss or damage arising through Soccer Bilbies’ negligence or wilful act or omission).
4.2.    For the purpose of this clause 4, “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Program.

4.3.    If the child suffers any injury or illness, you agree that Soccer Bilbies may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.

5.    Cancellation, refunds and termination
5.1.    By registering the child in the Program, you are committing to a service contract for a complete term.
5.2.    Soccer Bilbies operates a no-refund policy, unless the child has a medical condition which prevents him or her from any further activity (a medical practitioner’s certificate will be required).
5.3.    If for any reason the child is not able to attend a class then a make-up class can be made, subject to availability in another class (Soccer Bilbies cannot guarantee a spot). Arrangements must be made with Soccer Bilbies prior to attending another class.
5.4.    A maximum of only 2 (two) make-up classes can be made in a term and cannot be carried onto another term.
5.5.    Subject to clause 3.2, Soccer Bilbies is not liable to you for any loss or damage you suffer as a result of the Program or part of the Program being cancelled, postponed or changed.
5.6.    Soccer Bilbies may terminate your child’s participation in the Program on reasonable grounds at any time, including if your child’s behaviour interferes with another participant’s safety or enjoyment of the Program.

5.7.    Soccer Bilbies may, in its absolute discretion, change the Program or part of the Program, including dates, session times, durations and locations.

6.    Free trial
6.1.    We offer one free trial for new participants, so your child has an opportunity to experience the Program before you commit to registration for the term. When you book a free trial, the child’s spot in the class is held for 48 hours (in the same term that your trial is booked in) after which time the spot will be released back to the public.

6.2.    If you are booking a free trial in the last week of a term, this does not hold the child’s position in the same class for the following term.

7.    Photography
7.1.    From time to time the child may be photographed or videoed whilst participating in the Program. Such media may be used for promotional purposes, including reproduction on the Soccer Bilbies social media platform. By registering the child in the Program, you agree to such use by Soccer Bilbies. If you do not wish the child to be photographed or videoed, you must notify Soccer Bilbies.

7.2.    Parents and guardians are not to take photographs or videos that include other children in the Program without the permission of the child’s parent/guardian.

8.    Parental participation

Parents and guardians are required to be present for the duration of each class of the Program. Soccer Bilbies is not a registered childcare provider and is not licensed to care for children without parental or guardian supervision.

9.    Privacy

Personal information that Soccer Bilbies collects on registration of a child in the Program is used in accordance with Soccer Bilbies Privacy Policy.

10.    Governing Law

These terms and conditions will be governed by and construed in accordance with the laws of the State of Queensland and the parties agree to submit to the jurisdiction of the courts of that State in all matters arising out of these terms and conditions.

11.    Severability

If any provision of these terms and conditions or any related document shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12.    Entire agreement
These terms and conditions constitute the entire agreement of the parties in respect of the matters dealt with in these terms and conditions and supersedes all prior agreements, understandings, undertakings, and negotiations in respect of the matters dealt with in these terms and conditions.