PARTICIPANT TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE ACCEPTING IT. UPON ACCEPTING THIS FORM AND DECLARATION, YOU ACKNOWLEDGE THAT YOUR LEGAL RIGHTS ARE AFFECTED AND THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully:
ID will be checked on entry and if you are not within the required age, you will not be allowed to enter.
You hereby agree to be bound by the terms of this contract with the Providers defined below. The Providers agree to permit you to participate in the Relevant Activities upon and subject to the following terms and conditions.
(a) Definitions
Associated Entity has the meaning given to that term in section 50AAA of the Corporations Act.
Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Relevant Activities, but does not include:
(i) a claim against the Providers by any person expressly entitled to make a claim under a Provider insurance policy; or
(ii) a claim against the Providers under any right expressly conferred by their Constitution.
Clinic means the Coaching Clinic administered by the Providers.
COVID-19 means SARS-CoV-2 (coronavirus disease 2019) including any future resurgence or mutation thereof.
Relevant Activities means performing or participating in any authorised or recognised activities, including but not limited to travelling to and participating in the Clinic and otherwise playing, coaching, umpiring, competing or training in the sport of basketball and other related activities.
Participant means you (or, if under 18, your child) who wishes to attend the Clinic.
Providers means jointly and severally the following:
(i) Indigenous Basketball Australia Limited (ACN 644 882 164);
(ii) DJ Sackmann Training LLC;
(iii) Donald Sackmann;
(iv) Patrick Mills;
(v) any Associated Entities of those mentioned; and
each of their directors, officers, members, servants or agents.
You/Your means the Participant, or if under 18, the Participant and their parent or legal guardian.
(b) Agreement
Your participation in the Relevant Activities is conditional on you acknowledging and accepting these terms and conditions.
(c) Participant Acknowledgements
You undertake, acknowledge, and agree that you:
Will, at your own cost, travel to and depart from the Clinic as directed.
Will conduct yourself properly to the satisfaction of the Providers.
Will comply with the Providers’ policies, procedures, and jurisdiction.
Have chosen voluntarily to participate.
Will follow all COVID-19 directions or restrictions.
Will temporarily withdraw from participation if showing symptoms of illness until safe to return.
Will bear all costs associated with any positive COVID-19 test result, including isolation or travel delays.
(d) Instructions
You agree that you must at all times comply with the instructions and safety procedures of the Providers.
(e) Risk Warning
Participation in the Relevant Activities is inherently dangerous and may involve risk of injury, death, or property damage. Risks include, but are not limited to, collisions, falls, exposure to weather, or illness. By accepting these terms, you acknowledge these risks and participate voluntarily at your own risk.
(f) Waiver
A supplier of recreational services may ask you to agree that statutory guarantees under the Australian Consumer Law do not apply.
By accepting these terms, you agree that your right to sue under those guarantees is excluded or restricted as set out herein.
(g) Liability Exclusion under Australian Consumer Law
By accepting these terms, you agree that the Providers’ liability for death, injury, or illness resulting from recreational services is excluded to the maximum extent permitted by law.
(h) Physical Fitness
You warrant that the Participant is medically fit and not a danger to themselves or others. You agree to disclose any relevant health conditions to the Providers.
(i) Consent to Medical Treatment
If the Participant suffers injury or illness, you consent to medical treatment (including ambulance transport) at your expense and agree to reimburse the Providers for related costs.
(j) Release and Indemnity
You release and indemnify the Providers from all claims arising from participation, except where caused by gross negligence.
(k) Insurance
You are responsible for the Participant’s own personal accident, medical, and/or life insurance.
(l) Disclosure of Medical Conditions
You warrant that the Participant is medically and physically fit to participate and must disclose any condition that may increase risk of injury or illness.
(m) Safety
You acknowledge the dangers of alcohol or drugs and agree to comply with all rules and directions. Failure to comply may result in exclusion from participation.
(n) Participation at Own Risk
Participation is entirely at your own risk.
(o) Bar to Proceedings
You agree any legal action must be commenced in the courts of New South Wales and consent to pay the Providers’ costs if proceedings are successfully defended.
(p) Use of Image
You consent to photographs or recordings of the Participant being used by the Providers for promotional purposes without further approval or compensation.
(q) Privacy
Your personal information is collected for managing the Clinic and may be shared with relevant partners or authorities per the IBA Privacy Policy.
(r) Entire Agreement
These terms constitute the entire agreement and supersede all previous arrangements. Invalid clauses are severable.
(s) Governing Law
These terms are governed by the laws of New South Wales.
(t) Statement of Understanding
You acknowledge you have read, understood, and agree to these terms.
PLEASE NOTE:
If consumer law prevents exclusion of liability, the Providers’ liability is limited to re-supplying the services or paying the cost of re-supply.
DECLARATION
By purchasing this ticket, you acknowledge that you have read, understood, and agreed to the above terms, including the risk warnings and liability exclusions.
Where the Participant is under 18:
The parent or guardian authorises the Participant’s involvement and agrees to these terms on their behalf.
NOTES:
This form is necessary for attendance. Submission confirms participation.
