Terms & Conditions
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.
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
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.
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.
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.
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.
8. Parental participation
9. Privacy
10. Governing Law
11. Severability
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.