TERMS AND CONDITIONS OF SUPPLY
Super Best Friends Pty ABN 83 659 750 026
For the purpose of these Terms and Conditions the following words have the following meanings:
“Application Form” means the application form signed by the Guardian to enroll the Participant in the Course(s).
“Course” means the Sessions the Participant has enrolled in pursuant to the Application Form
“Court” means the premises from where a Session is provided.
“GST” means goods and services tax imposed in Australia by the GST law
“GST Law” means a New Tax System (Goods and Services Tax) Act 1999
“Participant” means any person, Substitute Participant or entity that SBF provides goods and services to
“SBF” means Super Best Friends Pty Limited ACN 659 750 026
“Session” means a single session of 45 minutes of soccer coaching course provided by SBF to the Participant
“SBF Uniform” means the T-Shirt and Shorts set approved and sold by SBF “Schedule of Fees” means the schedule of fees annexed to the Application Form.
“Waiver” means the Waiver for Minors formed signed by the Guardian.
2.1 These Terms and Conditions (as amended from time to time), the Waiver and the Application Form comprise the contract between SBF and the Participant for the provision of the Course (“the Contract”).
2.2 SBF reserves the rights to very these Terms and Conditions at any time by submitting to the Participant a copy of the amended Terms and Conditions. Otherwise these Terms and Conditions may only be altered or waived in writing signed by SBF.
3. BOOKINGS & SCHEDULE OF FEES
3.1 SBF will provide an Application Form to the Guardian upon request. The Application Form contains a Schedule of Fees.
3.2 Upon receipt by SBF of the Guardian’s executed Application Form the Guardian accepts that:
(a) the content of the Application Form and the Schedule of Fees are acceptable to the Guardian, and
(b) the Guardian irrevocably directs SBF to charge the fees, as set out in the Schedule of Fees, for the Sessions nominated on the Application Form; upon which it will be deemed that the Participant has also accepted the content of these Terms and Conditions. For the avoidance of doubt, SBF is under no obligation to provide any Session until payment of the Session has been received from the Guardian or Participant. Furthermore, continued provision of the Session(s) by SBF will be subject to and conditional upon the Guardian or Participant paying SBF those amounts as set out in the Application Form and Schedule of Fees.
3.3 In the event that the Participant’s requirements in relation to the Course changes or additional services are required outside the scope of the Application Form, the Guardian will be liable for any increased costs, including but not limited to increases in SBF’s fees, associated with accommodating for such change. Any such increase in costs will be discussed and agreed upon between the Participant and SBF before additional services is provided.
3.4 SBF reserves the right to reschedule or cancel a Session or the entire Course by giving reasonable prior notice to the Participant or Guardian at any time. SBF reserves the right to refuse to provide a Session to any person if such person is unfit to safely participate in the Session as determined by SBF in its absolute discretion.
4.1 Fees appearing in the Schedule of Fees are based on present rates and costs of providing the Course including , labour, Court hire, insurance, government tariffs, duties and taxes and shall be subject to increase in respect of any variation in such rates or costs or the method of assessment of the same occurring during the term of the Contract and before provision of the Course.
4.2 Unless stated otherwise, all amounts contained in the Schedule of Fees are inclusive of GST.
5. TERMS OF PAYMENT
5.1 Fees quoted are strictly net and payment in full shall be made in accordance with these Terms and Conditions and the Schedule of Fees. Payment times and terms are set out in the Schedule of Fees.
5.2 In the event that a Session is postponed or cancelled by the Participant or Guardian:
(a) Any fees paid by the Participant to SBF in accordance with the Schedule of Fees is non-refundable, unless the Session reservation is cancelled or rescheduled;
(i) at least fifteen (15) calendar days before the scheduled date for the relevant Session, OR
(ii) if the Participant is sick and a medical certificate is provided to SBF PROVIDED THAT the medical certificate is provided to SBF prior to the commencement of the relevant Session, OR
(iii) by at least one (1) business day’s prior notice in writing to SBF, the Guardian may elect another participant who is of the same age as the Participant (“Substitute Participant”), to attend the relevant Session PROVIDED THAT a Waiver signed by the guardian of the Substitute Participant is provided to SBF at least one (1) day prior to the scheduled date for the relevant Session.
(b) any payments made to SBF in relation to a Session that have been carried out or rendered are non-refundable in all circumstances.
Default interest shall be paid by the Participant or Guardian on overdue accounts owed to SBF calculated on a daily balances from the day following the day upon which payment should have been made, at the rate of ten (10%) per cent per annum and without any demand being necessary.
6. PROVISION OF SERVICES
6.1 The Guardian is required to be present for the duration of all Sessions in which the Participant is taking part. The Guardian, and any other persons accompanying the Guardian, are not permitted to take part in the Course. The Guardian is responsible for ensuring the Guardian, and any other persons accompanying the Guardian, remains off the Court and does not interfere in any way with any equipment being used throughout the Course or otherwise interrupt or disturb the provision of the Course.
6.2 The Participant acknowledges that SBF hire the Court from a third party and that third party has the right to cancel the Court reservation on short notice.
6.3 The class timetables are subject to change.
6.4 SBF may cancel a Session on short notice due to unavailability of the Court in pursuant to 6.2, weather-related difficulties or due to any other factors that SBF determines (acting reasonably) will inhibit the ability of SBF to provide the Session.
7.1 The Participant is required to wear a SBF Uniform during all Sessions (excluding Trial- Class).
7.2 The Participant must wear closed-toe shoes whilst participating in all the Sessions.
7.3 SBF may refuse participation in any Session by the Participant if the Participant fails to comply with clauses 7.1 and 7.2 and no refund shall be given for any Sessions the Participant is unable to participate in as a result this clause 7.3.
8. TRIAL SESSIONS
8.1 The Participant is entitled to their first (1) Session free of charge (“Trial Sessions”) for the purposes of establishing if the Participant would like to proceed with the Course PROVIDED THAT the Participant has not received a Trial Sessions with SBF previously.
9. FORCE MAJEURE
9.1 SBF shall not be liable for failure or delay to provide the Session or perform its obligations under this contract if such delay is due in any part to Force Majeure. If a delay or failure is caused or anticipated due to Force Majeure, SBF’s obligations to the Participant shall be suspended without liability on the part of SBF while such event exists.
9.2 For the purposes of this clause 9, Force Majeure means any cause beyond the reasonable control of SBF which results in SBF being unable to observe or perform an obligation under this contract, including but not limited to any act or negligence of any carrier, sub-contractor or employee of SBF, acts of God, strikes, lock-outs, bans or other industrial disturbances, fire, flood, explosion, civil riot, or commotion, government interference or request, by-laws, rules or regulations or order of any competent authority .
10. WARRANTY AND LIABILITY
10.1 The Guardian warrants to SBF that the Participant is fit and competent to participate in the Sessions, and that there is no medical condition which can affect the Participant’s ability to safely participate in the Sessions.
10.2 The Participant acknowledges and agrees that:
(a) SBF has the sole discretion to terminate the Session or the entire Course at any time if SBF’s coach or other employee determines in its absolute discretion the Participant is unfit to participate in the Session or the entire Course, or it is otherwise unsafe to continue the Session or the entire Course;
(b) during the Session and the Course, the Participant must comply with SBF’s coach and employees’ directions at all time.
10.3 All conditions, warranties or liabilities with respect to the supply of the Course imposed or implied whether by law or by statute are expressly excluded and negated, PROVIDED THAT nothing in these Terms and Conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Australian Consumer Law or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void, only to the extent that the condition, warranty, right of liability is illegal.
10.4 To the extent permitted by law, SBF expressly limits its liability for breach of any condition or warranty whether express or implied into the Contract or engagement to supply the Course by virtue of any legislation to:
(a) the supply of the Course again; or
(b) the cost of having the Course supplied again, whichever SBF may in its absolute discretion select.
10.5 Except as otherwise expressly stated in these Terms and Conditions, the Participant shall assume all risk and liability resulting from the provision of the Course.
10.6 Except as otherwise expressly stated in these Terms and Conditions, SBF is not liable to the Participant for:
(a) any loss, damage or expense sustained by the Participant or any third party arising out of the supply of the Course, any breach by SBF of any Contract or the negligence of SBF; or
(b) any indirect or consequential losses, loss of profits or use, any rectification costs or third party claims in connection with supply of the Course.
11.1 The Participant and the Guardian in his or her personal capacity and as the legal guardian of the Participant, agree to indemnify SBF, on a full indemnity basis, and to keep SBF indemnified against any cost, interest, expense, fee, penalty, fine, forfeiture, assessment, demand, claim, liability or damages (“Loss”) suffered or incurred by SBF arising out of, or in connection with, any personal injury, illness or death to any person or damage to any property or any other Loss of any kind whatsoever caused or contributed by the Participant,.
11.2 The Participant and the Guardian in his or her personal capacity and as the legal guardian of the Participant, further agree to indemnify SBF, on a full indemnity basis, and to keep SBF indemnified from any claim made against SBF by the Participant or a third party in respect of any personal injury, illness or death to any person or damage to any property arising out of provision of the Course.
12.1 No photographs are permitted to be taken of the Participant, or of any other participants, during the Session.
12.2 The Contract shall be governed and construed in accordance with the laws of the State of New South Wales.
12.3 All notices shall be served upon the Guardian and shall be deemed to be duly served if left at or sent by ordinary prepaid post to the last known address of the Guardian. The Guardian shall be deemed to have received any notice two (2) days after posting.
12.4 No conduct by SBF with respect to any default of the Participant in the performance of any obligation or condition of the Contract shall be deemed to be a waiver of that or any other obligations or condition.
12.5 The singular shall include the plural and vice versa, words importing any gender shall include every other gender and where there is more than one the Participant, the Participants shall be bound to SBF jointly and severally.
12.6 If a provision of the Contract or a right or remedy of a party under the Contract is invalid or unenforceable in a particular jurisdiction:
(a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
(b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
This clause is not limited by any other provision of the Contract in relation to severability, prohibition or enforceability.