Tennis For Kids Terms and Conditions
Introduction
- Before enrolling in Tennis For Kids coaching programs all Tennis For Kids participants must read, understand and agree to the Tennis For Kids Terms and Conditions.
- Before enrolling participants between the age of 3 years and 17 years in Tennis For Kids coaching programs all parents/guardians must read, understand and agree to the Tennis For Kids Terms and Conditions and the ANZ Tennis Hot Shots Terms and Conditions.
Tennis For Kids Terms and Conditions
Full payment is required to confirm and secure enrolment
Full payment is required to enrol and secure yours or your child’s position in the preferred lesson. The fastest and easiest way to enrol and pay for group lessons is online at www.tennisforkids.com.au
Payment via Direct Debit
All participants paying via Direct Debit will be automatically re-enrolled in the same program (same day, time and colour/standard) each school term. If participants want to cancel their enrolment or change to a different session (different day, time or colour/standard) this can only be done at the end of a school term. Requests to cancel Direct Debit arrangements or change groups must be provided via email to [email protected] at least two (2) weeks prior to the end of school term.
Changes to enrolments
On rare occasions, changes may be made to the lesson schedule featured on the website or enrolment forms. If this occurs after you have enrolled and paid we will contact you as soon as possible to organise a suitable alternative timeslot, lesson credit or a full refund.
Are there any Registration/Membership Fees?
A Club Registration Fee is payable for each individual player participating in coaching or fixtures. Registration is charged upon the participants first enrolment of each calendar year and must be renewed every calendar year. The fee will be deducted on the first direct debit date or an invoice will be sent on enrolment. The Fee covers your child’s insurance, Tennis Queensland affiliation plus other exclusive Tennis For Kids benefits. To receive these benefits, Tennis For Kids participants agree to allow Tennis For Kids Pty Ltd to share their enrolment information with Tennis Queensland.
Participation and Risk
As a player (if 18 years or older) or parent/guardian enrolling your child into a Tennis For Kids Program you agree, or on your child’s behalf agree, to the conditions set out below:
- You consent to you or your child participating in the Tennis For Kids Program. You acknowledge that you or your child will be exposed to certain risks when participating in the Tennis For Kids Program including, but not limited to, physical injury.
- You acknowledge and understand that if you or your child requires access to medication during tennis lessons it is up you or as the enrolling parent/guardian, to ensure ALL medications (e.g. asthma puffers, EpiPens etc) are accessible. You acknowledge and understand that Tennis For Kids coaches only carry basic first aid supplies and will not have access to medications held in school offices or at before and after school care offices.
- You authorise any representative of Tennis For Kids to obtain any medical assistance, treatment and transport for you or your child as deemed reasonably necessary. You consent to any such medical treatment and/or transportation for you or your child.
You acknowledge and agree that you will be responsible for any costs associated with any such medical treatment and/or transportation. - You agree that you and your child are required to follow all lawful instructions and directions of Tennis For Kids coaches and staff while participating in the Tennis For Kids Program.
- In consideration of your participation or your child’s participation in the Tennis For Kids Program, to the extent permitted by law, you agree to release and discharge Tennis For Kids Pty Ltd and its directors, officers, employees, volunteers and agents, from all liability in respect of any loss or damage you or your child may suffer. Without limiting the foregoing, you also agree to release, defend, hold harmless and indemnify Tennis For Kids Pty Ltd and its directors, officers, employees, volunteers and agents from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising or incurred as a result of or in connection with your participation or your child’s participation in Tennis For Kids Programs.
Consent to the use of imagery
As part of the enrolment process parents/guardians consent to allow their children to be photographed demonstrating coaching activities and celebrating achievements. These images may be posted on the Tennis For Kids website, Instagram or Facebook page. No mention of a child’s name will be made unless we contact the parent/guardian and gain additional consent. Should you not wish for your child to be photographed please email us or advise us in writing as part of your enrolment.
The collection and sharing of enrolment information
To ensure all Tennis For Kids participants have personal accident insurance, it is a condition of enrolment that all players and/or parents/guardians agree to allow Tennis For Kids Pty Ltd to share their enrolment information with Tennis Queensland and Tennis Australia for the purpose of registering participants as Tennis Queensland members and Hot Shots participants. This process ensures all Tennis For Kids participants are covered with personal accident insurance and Tennis For Kids school courts with public liability insurance.
Wet weather policy
All school group lessons at school venues go ahead regardless of rain. During wet weather we move the lesson to an approved undercover area in the school. The lesson will be modified according to the facilities available. Check with your coach to find out the location and procedure for your school.
Lunchtime lessons at Rainworth State School only, may be cancelled in the event of rain. Make-up lessons will be arranged for any lesson cancelled due to rain at Rainworth State School.
Private lessons at school venues and ALL lessons at The Gap Tennis Club, may be cancelled in the event of rain. Where possible, the coach will call or text you approximately 30 minutes before the lesson starts to advise if lessons are cancelled due to the weather. Make up lessons only (not credits or refunds) will be made available for rained out private lessons and lessons rained out at the The Gap Tennis Club. Please note yours or your child’s regular coach cannot be guaranteed for make-up lessons.
Do you give refunds or provide make-up lessons if I or my child is sick or away for a group, including shared privates, lesson?
No, all group, including shared private, classes have limited numbers and as such no refunds or make-up lessons can be provided for non-attendance in any group or shared private lessons. Unfortunately, this means whether you or your child is absent because of illness, school camp, a birthday party, holiday or you just forgot – No refunds or make-up lessons are possible.
Do you give refunds or provide make-up lessons if I or my child is sick or away for a private lesson?
Private lessons only may be rescheduled (no credits or refunds) provided a minimum of 24 hours notice is given. If less than 24 hours notice is given, full lesson fee will apply.
Will the coach supervise my child before the lesson commences and/or after the lesson is finished?
No, Tennis For Kids coaches cannot be responsible for supervising children outside of lesson times. It is the responsibility of the parent or carer to ensure their child is supervised until the lesson starts and is picked up at lesson completion time. Tennis For Kids coaches cannot accept responsibility for your child before or after this time.
Are the tennis lessons conducted on school holidays, public holidays and pupil free days?
There are no lessons on school holidays or public holidays. There are no lessons at all school venues on pupil free days. Lessons at The Gap Tennis Club will proceed as normal on pupil free days.
What does my child have to bring?
Your child can wear their school uniform (or cool comfortable clothing) and a comfortable pair of sneakers/sandshoes. Please ensure you pack them a water bottle and tennis racquet. It is also now compulsory for all children to wear a hat (NO HAT = NO PLAY) and we strongly recommend the application of sunscreen prior to lessons.
ANZ Tennis Hot Shots Terms and Conditions
Before completing this registration form it is important that you read and understand these terms and conditions carefully.
Introduction
1. ANZ Tennis Hot Shots is an exciting tennis program for primary aged children that has been developed by Tennis Australia (“ANZ Tennis Hot Shots Program”).
2. Below are (a) the terms and conditions for participation in the ANZ Tennis Hot Shots Program; (b) the terms and conditions for My Tennis registration; and (c) the terms and conditions for the free ANZ Tennis Hot Shots benefits offer.
3. Tennis Australia reserves the right to vary or amend these terms and conditions for operational, business, security or safety purposes at any time and any variation will be published at http://hotshots.tennis.com.au.
Terms and Conditions of Participation in the ANZ Tennis Hot Shots Program
As a parent/guardian enrolling your child into the ANZ Tennis Hot Shots Program you agree, on your child’s behalf, to the conditions set out below:
- You consent to your child participating in the ANZ Tennis Hot Shots Program. You acknowledge that your child will be exposed to certain risks when participating in the ANZ Tennis Hot Shots Program including, but not limited to, physical injury.
- You consent to you and your child being bound by all Tennis Australia Limited (TA) policies and by-laws including the Member Protection Policy and the Disciplinary Policy available at http://www.tennis.com.au/about-us/about-tennis-australia/policies.
- You authorise any representative of TA to obtain any medical assistance, treatment and transport for your child as deemed reasonably necessary. You consent to any such medical treatment and/or transportation for your child. You acknowledge and agree that you will be responsible for any costs associated with any such medical treatment and/or transportation.
- You agree that your child is required to follow all lawful instructions and directions of TA while participating in the ANZ Tennis Hot Shots Program.
- You consent to TA, its Member Associations and its government and commercial partners, recording and photographing your child’s participation in the ANZ Tennis Hot Shots Program. You agree that any such photographs, electronic images, sound recordings or video footage may be used by TA, its Member Associations and its government and commercial partners, in resources and reports, or
promotional, advertising or marketing materials, without any further notice or payment to your child or yourself. - In consideration of your child’s participation in the ANZ Tennis Hot Shots Program, to the extent permitted by law, you agree to release and discharge TA and its directors, officers, employees volunteers and agents, from all liability in respect of any loss or damage your child may suffer. Without limiting the foregoing, you also agree to release, defend, hold harmless and indemnify TA and its directors, officers, employees, volunteers and agents from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising or incurred as a result of or in connection with your child’s participation in the ANZ Tennis Hot Shots Program.
- You understand and agree that TA requires the information obtained in connection with your child’s participation in the ANZ Tennis Hot Shots Program to organise and administer the ANZ Tennis Hot Shots Program and for related purposes including providing you with information in relation to the ANZ Tennis Hot Shots Program, the sport of tennis and promotional offers from TA and its program partners. You understand that the information may be used by TA, its Member Associations (such as Tennis NSW and Tennis Victoria), your child’s coach, association, club or school and that you may access and update your child’s personal information by contacting TA.
Warning under the Australian Consumer Law (For participants other than in South Australia or Victoria)
WARNING: You acknowledge that you engage in the Activity at your own risk. If you participate in the Activity your rights to sue the supplier under the Australian Consumer Law in the event you are killed or injured because the Activity was not supplied with due care and skill or was not reasonably fit for its purpose, are excluded, restricted or modified in the way set out in or on this form.
EXCLUSION OF GUARANTEES: The guarantees relating to the supply of services contained in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are hereby expressly excluded in respect of the provision of recreational services.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is caused by reckless conduct on the supplier’s part. “Reckless conduct” is defined in section 139A of the Competition and Consumer Act 2010.
Warning under the Australian Consumer Law and Fair Trading Act 2012 (For participants in Victoria)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and 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, the supplier is entitled to ask you to
agree that these statutory guarantees do not apply to you.
By ticking this box, 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 provided 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 supplier’s 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 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Warning under the Australian Consumer Law (For participants in South Australia)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is—
• a statutory guarantee that those services will be rendered with due care and skill; and
• a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom
negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights:
By signing this form: I agree that the liability of Tennis Australia Limited and Tennis SA for any personal injury that may result to from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Terms and Conditions of My Tennis Registration
The ’My Tennis’ terms and conditions of registration available at http://www.tennis.com.au/clubs/mytennis/privacy-and-security apply to each use of the ‘My Tennis’ system (including but not limited to use of that system to register and apply for a ANZ Tennis Hot Shots benefits). By registering your child online as a participant you are agreeing to those terms and conditions.
Terms and Conditions relating to ANZ Tennis Hot Shots T-shirt (Gift)
1. Tennis Australia will provide the Gift to participants in the ANZ Tennis Hot Shots Program provided they register online for the first time at http://hotshots.tennis.com.au before 30 June 2015.
2. Participants are requested to only register online once. Only one Gift will be provided per registered participant.
3. Tennis Australia will forward the Gift and the participant’s registration details to the participant’s nominated coach, club or school. Following delivery of the Gift to the nominated coach, club or school the participant will need to collect their Gift from their nominated coach, club or school during their regular ANZ Tennis Hot Shots session.
4. Tennis Australia accepts no responsibility for the loss of the Gift, including but not limited to where such loss is due to incorrect or imprecise delivery or contact details provided in the registration form.
5. Tennis Australia makes no representations or warranties as to the quality, suitability or merchantability of the Gift.
6. To the full extent permitted by law, Tennis Australia excludes:
(a) any liability arising in relation to your use (or any third party’s use) or possession of the Gift; and
(b) all representations, warranties, terms and conditions, whether express or implied (and including those implied by statute, custom, law or otherwise).
7. To the full extent permitted by law, Tennis Australia’s cumulative liability to you for all claims relating to or connected with the ANZ Tennis Hot Shots Program and the Gift whether arising under contract, negligence, tort or statute or otherwise at all made by you or on your behalf, at the option of Tennis Australia, be limited to:
(a) if the claim relates to services, the re-supply of the service again or the payment of the cost of having the service supplied again; or
(b) if the claim relates to goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of such replacement, the repair of such goods, or the cost of such repair.
8. To the full extent permitted by law, the total liability of Tennis Australia under these terms and conditions will not exceed $50.