Terms of Participation
Southern Cross Rugby Academy (‘SCRA’)
The completed, signed and dated registration form (Form) and these terms and the Participant Waiver form the terms on which you agree to allow your child to participate in the SCRA School Holiday Clinic program (Program). By completing the online application form and the accompanying Participant Waiver form you and your child agree to be bound by these Terms of Participation.
- Application to Participate
- You warrant that your child is between the ages of 5 and 18 (inclusive) at the time of his or her participation in the Program and agree that you must, if requested by the SCRA, provide evidence of your Child’s age.
- You must for each child:
(i) complete all areas of the online application form; and
(ii) pay the SCRA the Fee by completing the online credit card section during online registration.
- The SCRA will, subject to paragraph 1(d) below:
(i) process Applications until all places in the specified Program are filled; and
(ii) send you an immediate acceptance email.
- The SCRA will not:
(i) process any Application that is incomplete, incorrect, unclear or is not accompanied by the Fee;
(ii) accept any changes to the Application, except for a change of contact details.
- Participant benefits
- The SCRA will ensure your child’s participant benefits pack will be provided to you child at the conclusion of the last session in your Program.
- Limitation of liability and Release
- You agree that by enrolling in the Program you are allowing your child to participate at their own risk. 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 participants and that you fully accept and agree to bear those risks.
- In agreeing to attend the Program, you:
- Release and forever discharge SCRA from all claims that you may have or may have had arising from, or in connection with your child and a SCRA Program; and
- Indemnify, will keep indemnified and hold harmless SCRA, to the extent permitted by law in respect of any claim as a result of or in connection with a Program.
- You agree not to bring any claim or proceedings against the SCRA for any damage, loss or injury whatsoever that you or your child may suffer from participation in the Program.
- The SCRA’s liability to you is limited (at the SCRA’s election) to the SCRA repaying any amounts paid by you under this Agreement or supplying or resupplying any Program services to which you are entitled in accordance with the terms of this Agreement.
- Cancellation, Refunds and Termination
- If you wish to cancel your Application, you must notify the SCRA in writing. The SCRA will refund the Fee in full only if the SCRA received this notice at least 24 hours before the Program starts. Following cancellation, you have no entitlement to the participant benefits.
- The SCRA is not liable to you for any loss or damage you may suffer as a result of the Program being cancelled, postponed or changed.
- The SCRA will not replace your participant benefits if lost, stolen or damaged.
- The SCRA may terminate your child’s involvement in the Program on reasonable grounds at any time, including if your child’s behaviour interferes with other participant’s safety or enjoyment of the Program.
- In the event of wet weather please contact Ryan Roberts on 0430 576 934 to check if the Program will be proceeding.
- The personal information that the SCRA collects on the registration form is used for the purpose of processing your request for participation in the Program. The SCRA may also use this information to send you Rugby Union related information or offers.
- The SCRA may disclose your information to other organisations for the purpose of processing your application, research and development and performance evaluation. These organisations are required to keep your contact details confidential and to use them only for the stated purposes.
- From time to time your child may be photographed or video’d whilst undertaking a SCRA Program. Such media might be used for promotional purposes, including but not limited to reproduction on the SCRA social media platform. By enrolling in the Program you agree to such use by SCRA. Parents are not to take videos or photographs that include other children in the class without the permission of that parent/guardian.
- You consent to the SCRA using your child’s name or image (including photograph) in any form or medium for general marketing and promotional activities.
- The SCRA may reject or choose not to accept a registration in its absolute discretion, including if there are insufficient numbers to stage the Program or there are too many participants in the Program.
- The SCRA may change all dates, session times, durations and locations of the Program.
You warrant that your child has not at any time suffered blackout, seizure, convulsion, fainting, dizzy spells or any other medical condition and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for your child to take part in the Program. You have read and you consent for your child to participate in a SCRA Program and understand the risk involved and further agree to be bound by any SCRA Code of Conduct and operating rules in place from time to time.
You acknowledge that SCRA uses its best endeavours to ensure that the equipment and sporting facilities used in the Program are safe and fit for purpose and acknowledge that all sports are inherently dangerous. You have voluntarily read and accept the inherent associated risks. “SCRA” means all directors personally and in their capacity as a director, partners of directors, agents, and any representatives of SCRA. “Program” include all programs and activities that you or your child participate in during our courses and classes. This includes but is not limited to any organised sport, training, facilities and activities provided by SCRA.
SCRA Rugby Program Participant Waiver
This Waiver is provided by:
Name of Participant Address of Participant “Participant”
In consideration for Southern Cross Rugby Academy Limited ABN 41618006401 “SCRA” permitting the Participant to take part in activities organised by SCRA (the “Activities”), or to use facilities and equipment owned or operated by SCRA, the Participant agrees with SCRA as set out below.
- The Participant acknowledges that the Activities involve physical exertion and physical risk and could result in the Participant’s (or another party’s) death, physical injury, mental injury or other impairment.
- To the maximum extent permitted by law, the Participant voluntarily agrees to take part in the Activities at the Participant’s risk.
- The Participant understands that the Participant may at any time refuse to take part in an Activity.
- The Participant warrants to SCRA that the Participant has informed SCRA in writing of the existence of any medical condition or impairment that may affect the Participant’s ability to safely take part in the Activities. The Participant must inform SCRA in writing if any such medical condition develops during the term of this Agreement.
- The Participant acknowledges and agrees that SCRA, its directors, employees, agents or contractors will not be responsible for (and the Participant forever releases SCRA from, holds them harmless and waives all rights in respect of) any loss or damage caused to the Participant or any other party in connection with the Activities in the nature of:
- death or physical or mental injury;
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful to the Participant or the community or may result in harm or disadvantage to the Participant or the community, except where that loss or damage is caused by the reckless conduct of SCRA.
- For the avoidance of doubt, SCRA and its directors, employees, agents and contractors will not be liable for any loss or damage of a kind described in clauses 5(a) to (c) above which is caused by their negligent conduct, unless that conduct is also reckless conduct.
- For the purposes of this Agreement, conduct of a party is “reckless conduct” if the party is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and the party engages in the conduct despite the risk and without adequate justification.
- Where SCRA provides equipment for the use of the Participant or others taking part in the Activities, the Participant agrees that SCRA will not be liable to the Participant for any loss or damage caused by the use or misuse of that equipment, except where SCRA is in breach of a statutory guarantee granted to the Participant under Part 3-2 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the liability cannot
otherwise be excluded or limited by law.
- The Participant indemnifies SCRA and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by SCRA as a result of the Participant taking part in the Activities, except to the extent that SCRA is liable for that loss or damage under this Agreement.
- Nothing in this Agreement is intended to exclude or limit the Participant’s rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly.
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Adult participant over 18 sign & print below: