Terms and Conditions
MEMBERSHIP & PARTICIPANT DECLARATION
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE CLICKING THE CHECK BOX. UPON SIGNING THIS MEMBERSHIP AND PARTICIPANT DECLARATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully. In consideration of your application for membership being accepted you acknowledge and agree to the following terms and conditions:
Definitions
1. In these terms and conditions:
a. "Affiliate" has the same meaning as the Touch Football Australia Constitution.
b. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Touch Football Activities, but does not include:
i. a claim against Touch Football Australia by any person expressly entitled to make a claim under a Touch Football Australia insurance policy; or
ii. a claim against Touch Football Australia under any right expressly conferred by its Constitution or regulations.
c. "Competition" means the Touch Football competition which you have entered in (as part of a team) or play in.
d. "NRL" means the National Rugby League operated by the Australian Rugby League Commission Limited.
e. "NSWTA" means New South Wales Touch Association Inc.
f. "QTA" means Queensland Touch Association Inc.
g. "Touch Football Activities" means performing or participating in any capacity in any authorised or recognized Touch Football Organisation activity, including any Competition.
h. "Touch Football Australia" means Touch Football Australia Incorporated ABN 55 090 088 207.
i. "Touch Football Organisation" means and includes Touch Football Australia and members recognized under the Constitution or regulations including NSWTA, QTA and any Affiliate and where the context so permits, their respective directors, officers, members, servants or agents.
Risk Warning and Waiver
2. Your participation in the recreational activities supplied by the Touch Football Organisations is inherently dangerous and may involve risks which can result in personal injury, death or property damage. There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have.
3. By signing this form, you acknowledge, agree, and understand that participation in the recreational services provided by the Touch Football Organisations may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act 2002 (TAS).
Waiver
4. It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).
5. If you sign this form, 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 the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out in Schedule 1 to these terms and conditions.
Rules of Membership, Participation and Disclosure of relevant offences
6. Subject to refusal of your membership in accordance with this section 6, upon executing this form you will become a member of Touch Football Australia and where deemed to be relevant and appropriate by Touch Football Australia, an Affiliate. You acknowledge, agree and consent to becoming a member of these Touch Football Organisations. Upon becoming a member of Touch Football Australia and any other Touch Football Organisation, the relevant Touch Football Organisations' Constitutions will comprise a contract between you and the relevant Touch Football Organisation and you will be bound by it and any regulations or by-laws made under it.
You shall submit to any disciplinary measures taken against you and shall take any appeals and litigation before the authorities provided for in the relevant Constitutions and By-Laws. You will pay on demand the prescribed or stated fees for the Touch Football Activities and/or any relevant Touch Football Organisation. Such fees may be notified to you verbally or by letter or memorandum or by notice displayed in the relevant Touch Football Organisation's premises or premises occupied by the Touch Football Organisation.
When submitting this membership application, you must, disclose, by contacting your local Touch Football Organisation or Touch Football Australia, any pending or finalised charges or convictions, whether they are disciplinary, criminal or otherwise which may be relevant to the duties and responsibilities you are likely to undertake as a member (or in any other capacity) of Touch Football Australia and the relevant Touch Football Organisation.
The duty of disclosure outlined above is ongoing for the duration of your membership of Touch Football Australia and the relevant Touch Football Organisation. This means that should you, at any point after your membership is accepted, have any pending charges or complaints, whether they are disciplinary, criminal or otherwise that may be relevant to the duties and responsibilities you are likely to undertake as a member (or in any other capacity) of Touch Football Australia and the relevant Touch Football Organisation, then you must disclose them immediately to Touch Football Australia and the relevant Touch Football Organisation.
Competition Entries
7. Entries to the Competition are non-transferable to other events or to other people. Any attempt to transfer your entry to another person without the knowledge of the relevant Touch Football Organisation may result in the cancellation of your entry without refund and you may not be permitted to participate in further Touch Football Activities. You also accept that your entry fees are non-refundable.
Disclosure of medical conditions
8. You warrant that prior to undertaking any Touch Football Activities you:
a. are and must continue to be medically and physically fit and able to undertake and participate in the Touch Football Activities;
b. are not a danger to yourself or to the health and safety of others; and
c. are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the Touch Football Activities.
9. 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 you or any other person will suffer injury, loss or damage.
10. You acknowledge that the Touch Football Organisations rely on information provided by you and that all such information is accurate and complete.
11. You agree to report any accidents, injuries, loss or damage you suffer during any Touch Football Activities to the relevant Touch Football Organisation before you leave any relevant venue.
Exclusion of Applicant
12. You warrant that you have not at any time been excluded from Touch Football Activities by a medical practitioner or any person or entity including but not limited to Touch Football Australia or any other Touch Football Organisation. You acknowledge and agree that Touch Football Australia and/or any other Touch Football Organisation may demand a medical certificate/clearance or opinion as to your fitness from a qualified medical practitioner PRIOR to you undertaking any Touch Football Activities.
Safety
13. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in undertaking any Touch Football Activity, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
14. You agree to follow any rules set by any Touch Football Organisation in connection with any Touch Football Activities. If you fail to comply with Touch Football Australia's rules and/or directions, or the rules and directions of any other relevant Touch Football Organisation, you will not be permitted to participate or to continue to participate in the Touch Football Activities and no refund will be given.
Luck of Prevailing Conditions
15. You acknowledge and agree that:
a. Touch Football Activities may be affected by the weather which may change without warning; and
b. there is often an element of the "luck of the prevailing conditions" when undertaking the Touch Football Activities over which the Touch Football Organisations have no control. You accept that in the event of extreme weather conditions the relevant Touch Football Organisation reserves the right to alter the format of, shorten, or cancel Touch Football Activities in the interest of participant safety.
Release and Indemnity
16. In consideration of the relevant Touch Football Organisations accepting your membership application you, to the extent permitted by law:
a. release and will release and forever discharge any Touch Football Organisation from all Claims that you may have or may have had but for this release arising from or in connection with your participation in Touch Football Activities; and
b. release and indemnify any relevant Touch Football Organisation against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by any Touch Football Organisation or in any other manner whatsoever; and
c. indemnify and will keep indemnified any Touch Football Organisation to the extent permitted by law in respect of any Claim by any person:
i. arising as a result of or in connection with your membership or your participation in Touch Football Activities.
ii. against any Touch Football Organisation in respect of any injury, loss or damage arising out of or in connection with your failure to comply with Touch Football 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 a Touch Football Organisation.
17. If you suffer any injury or illness, you agree that the relevant Touch Football Organisation 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. If you do not wish provide your consent to medical treatment, please contact Touch Football Australia. In such circumstances, your membership application will be processed manually (and you will not be able to apply for membership online).
18. You understand that Touch Football Australia through a national insurance scheme has arranged some limited insurance coverage which may provide you with some protection for loss, damage or injury that you may suffer during your participation in Touch Football Activities. However, you acknowledge and accept that insurance taken out by Touch Football Australia may not provide full indemnity for loss, damage or injury that you may suffer during your participation in the Touch Football Activities, and that you may have to pay the excess if a claim is made on your behalf. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any additional coverage at your expense after taking into account Touch Football Australia's insurance arrangements and your own circumstances.
Use of image
19. You acknowledge and consent to photographs and electronic images being taken of you during your participation in Touch Football Activities. You acknowledge and agree that such photographs and electronic images are owned by the relevant Touch Football Organisation and the Touch Football Organisation or other parties may use the photographs for promotional or other purposes without your further consent being necessary.
Privacy
20. You understand that the personal information you have provided in your membership application is necessary for the conduct and management of the Touch Football Activities and for the administration of Touch Football in Australia generally, and that it is collected, used and disclosed in accordance with the TFA Privacy Policy (available from www.touchfootball.com.au). You acknowledge that the Touch Football Organisations may use and disclose your personal information for the purposes of providing the Touch Football Activities, or otherwise conducting and administrating touch football and other related activities across Australia, providing you with member services or promotional material, complying with legal obligations or otherwise in accordance with the TFA Privacy Policy. You agree that the Touch Football Organisations may share your information with third parties such as:
a. Affiliates and other organisations involved in touch football in Australia;
b. the NRL (including for direct marketing purposes);
c. companies engaged by the Touch Football Organisations to carry out functions and activities on their behalf including direct marketing;
d. government agencies; and
e. the Touch Football Organisations' professional advisers, including their accountants, auditors, lawyers and insurers,
However your information is not generally disclosed to anyone outside Australia. You understand that the TFA Privacy Policy contains information about how you may access and request correction of your personal information held by the Touch Football Organisations or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by TFA. You acknowledge that your membership application may be rejected if the information required by the Touch Football Organisation is not provided. If you do not wish to receive promotional material from the Touch Football Organisations' sponsors and third parties you must advise the relevant Touch Football Organisation via email or telephone or via the specific opt-out procedures provided in the relevant communication.
21. Touch Football Organisations may collect information about race or ethnic origin and use or disclose such information to third parties identified in paragraph 20 for statistical purposes about the demographics of participants playing Touch Football. You are not required to provide this information and if you do not do so, your membership application will not be affected.
Bar to Proceedings
22. Any relevant Touch Football Organisation may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against a Touch Football Organisation, you:
a. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b. waive any right to object to the exercise of such jurisdiction;
c. will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by the Touch Football Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by a Touch Football Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
d. will pay the costs of any application made by a Touch Football Organisation under paragraph 22(c) and will consent to any application for security of costs made at any time by a Touch Football Organisation; and
e. consent to paying the relevant Touch Football Organisation's legal defence costs of the proceedings (on a solicitor client basis) where the Touch Football Organisation successfully defends the proceedings.
Governing Law
23. The governing law of this agreement is the law of the Australian Capital Territory ("Jurisdiction"). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
Entire Agreement
24. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect of the Touch Football Activities and supersedes all other agreements, understandings, representations and negotiations in relation to Touch Football Activities.
25. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
26. You have read, or have had read to you, the above conditions and having understood the same, you consent to the activities proposed.
PLEASE NOTE THE FOLLOWING:
IF THE COMPETITION AND CONSUMER ACT 2010 OR SIMILAR STATE LAW OPERATES SO AS TO PREVENT THE EXCLUSION, RESTRICTION OR MODIFICATION OF WARRANTIES OTHERWISE IMPLIED BY THOSE LAWS THEN THE LIABILITY OF THE PROVIDER FOR BREACH OF WARRANTIES IS LIMITED TO THE PAYMENT OF THE COST OF HAVING THE TOUCH FOOTBALL ACTIVITIES SUPPLIED AGAIN.
DECLARATION
[use as previously advised]
SCHEDULE 1
FOR RECREATIONAL SERVICES OR ACTIVITIES PROVIDED THROUGHOUT AUSTRALIA
FOR RECREATIONAL SERVICES TO WHICH THE AUSTRALIAN CONSUMER LAW (COMMONWEALTH) APPLIES:
By signing this form, you agree that the liability of any Touch Football Organisation in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
a. death;
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c. the contraction, aggravation or acceleration of a disease;
d. 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:
i. that is or may be harmful or disadvantageous to you or the community;
ii. 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 OR ACTIVITIES PROVIDED IN VIC (VICTORIA)
FOR RECREATIONAL SERVICES TO WHICH THE AUSTRALIAN CONSUMER LAW (VICTORIA) APPLIES:
Warning under the Australian Consumer Law and Fair Trading Act 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, the Touch Football Organisations are required to ensure that the recreational services supplied to you:
a. are rendered with due care and skill; and
b. are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
c. might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 this form.
Note
The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the suppliers part. 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 regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3) (b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria)
By signing this form, you agree that the liability of the Touch Football Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) 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.