TERMS AND CONDITIONS OF PLAY
1. HEADIS SPORTS AUSTRALIA (Service Provider), provides the game of Headis.
2. By participating in the game of Headis, You agree to be bound by these Terms and Conditions.
3. Headis is considered a Recreational Activity, within the meaning of s5K of the Civil Liability Act 2002 (NSW).
RISK WARNING AND ACKNOWLEDGEMENT
4. Participation in Headis supplied by the Service Provider involves significant risks, including the risk of personal injury and death. Particular risks include but are not limited to:
• Twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;
• Spinal injury/nerve damage;
• Head injury;
. Paralysis; and/or
These risks may also include the exacerbation or aggravation of any existing injury or condition that may also result in harm or disadvantage to the Customer.
5. Before you participate in Headis, you should ensure that you are aware of, and properly understand, all of the risks involved in playing Headis, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.
6. By agreeing to accept these Terms and Conditions, you acknowledge, agree and understand that your participation in the sport of Headis provided by the Service Provider may involve the:
• Risks generally; and
• Particular risks described above.
HEADIS SPORTS AUSTRALIA WAIVER
7. By agreeing to accept these Terms and Conditions, you acknowledge, agree and understand that you engage or participate in the sport of Headis voluntarily and at your own risk in full knowledge of these risks.
8. By agreeing to accept these Terms and Conditions, you also acknowledge, agree and understand that the Risk Warning above constitutes a formal ‘Risk Warning’ for the purposes of section 5M of the Civil Liability Act 2002 (NSW).
WAIVER AND RELEASE
9. Under the Competition and Consumer Law Act 2010 (Cth) (CCA), several statutory guarantees apply to the supply of goods and services. These guarantees mean that the Service Provider named on this form is required to ensure that the Recreational Services supplied to you are rendered with due care and skill and are reasonably fit for purpose.
Section 139A of the CCA permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the CCA do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).
10. By agreeing to accept these Terms and Conditions, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the CCA):
a. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
b. You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its employees, directors, servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
11. By agreeing to accept these Terms and Conditions, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider, its employees, directors, servants and agents, in relation to recreational services and activities (as that term is defined in the ACL) for any:
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;
HEADIS SPORTS AUSTRALIA WAIVER
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.
12. By agreeing to accept these Terms and Conditions, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its employees, directors, servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its employees, directors, servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the sport of Headis, whether caused by the negligence of the Service Provider, its employees, directors, servant and agents, or otherwise.
13. We note that the change to your rights, as set out in these Terms and Conditions, does not apply if your death or injury is due to gross negligence on the part of the Service Provider. 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.
14. By signing these Terms and Conditions, you acknowledge, agree and understand that:
a. The Service Provider will permit you to participate in the sport of Headis, and provide you with the associated services, in part in consideration of you signing these Terms and Conditions;
b. The Service Provider may rely on these Terms and Conditions in any proceedings commenced in any Court by you or by your heirs, executors and assigns;
c. The law of the relevant state of Australia governs these Terms and Conditions and any proceedings resulting from it.
15. By agreeing to accept these Terms and Conditions, You agree to pay the costs of and authorise the Service Provider to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
16. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its employees, directors, servants and agents, from any claims by signing these Terms and Conditions. However, the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its employees, directors, servants and agents, by signing these Terms and Conditions.
17. By agreeing to accept these Terms and Conditions, you agree that the waivers and releases contained herein apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these Terms and Conditions with your consent by signing a new document containing Terms and Conditions. You will not be required to sign future Terms and Conditions on the understanding that these Terms and Conditions, signed and agreed by you, shall apply to all your future participation in the sport of Headis.
18. Where this Waiver is signed by the Parent/ Guardian/ Supervisor of the Participant, the Parent/ Guardian/ Supervisor consents to the minor’s participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant’s behalf. The Parent/ Guardian/ Supervisor must be present and supervise the Participant during the Activities.
HEADIS SPORTS AUSTRALIA WAIVER
GENERAL CONDITIONS OF PLAY
19. You agree that you are in good health and free from any adverse medical conditions. For safety reasons, pregnant women, Customers with pre-existing health issue or wearing casts are not permitted to participate in the sport of Headis. If in doubt, please seek medical advice prior to participation.
20. Due to potential height risks, Headis staff members will determine who is suitable to play and may refuse play to those deemed at risk.
21. You must abide by the instructions of the Service Provider’s staff at all times or you may be removed from the premises or event and refused entry in future. This is to ensure safety and enjoyment for all participants engaged in the sport of Headis. Your entry into the premises or event of the Service Provider is on strict condition that you comply with the safety and other general instructions given by the Service Provider’s staff. You will not be given a refund for any unused time should you be removed from the premises for any reason whatsoever and you acknowledge your entry to the premises is strictly on this basis.
22.In the case of a player or team receiving a refund as a result of a cancelled tournament (not wet weather cancellation, these games may or may not be replayed) the refunded amount will take between 7 – 14 business days.
23. Registration is transferable to another player before the start of Round 4. From Round 4 onwards registration is not transferable unless Headis Sports Australia Staff deem it appropriate or necessary to allow new players to register. Players who do not continue in the tournament regardless of how many rounds have been played are not eligible for a refund.
24. Non-attendance does not qualify for a refund.
Note: If competitions rounds are cancelled (for example in circumstances such as bad weather no refund will be available and an attempt to make up the rounds will be considered but not guaranteed).
25. An injured player may be eligible for a registration refund if a medical certificate is provided and a replacement player is found. Note: Jersey fees will not be refunded for those who purchased jersey’s through Headis Sports Australia.
26. Non-attendance due to suspension will not entitle you to a refund.
26. On occasion, promotional video or photographs may be used by the Service Provider which may include your image whilst being engaged in the sport of Headis. By agreeing to these Terms and Conditions, you grant to Headis the right to use these videos and photographs for any promotional purposes on any media platform unless you specifically request in writing that your image not be used for this purpose.
27. You acknowledge that security video may be used on the public areas of premises of the Service Provider and consent to this use for security and safety purposes.
28. Players must adhere and abide by the Terms and Conditions of Play as well as the conditions listed in all other Headis Sports Australia legal documents listed on the website (see below). Failure to adhere to all conditions and documents listed may see Players or Teams warned, suspended or removed from the Tournament without refund and may not be eligible for insurance cover if provided.