Terms
Boccia Australia
BOCCIA AUSTRALIA - CODE of CONDUCT
TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT AFFECTING YOUR RIGHTS
YOU SHOULD READ IT VERY CAREFULLY AND PROCEED ONLY AFTER YOU ARE SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS
BOCCIA AUSTRALIA MEMBERSHIP DECLARATION
In consideration of my application for membership of Boccia Australia and my Member State being accepted I acknowledge and agree that:
1. In this membership declaration:
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a Boccia Organisation under any right expressly conferred by its constitution or regulation.
"Boccia Activities" means performing or participating in any capacity in any authorised or recognised Boccia Organisation activity.
"Boccia Australia" means Boccia Australia Incorporated.
"Boccia Organisation” means and includes Boccia Australia, the Member States and the State Affiliates and where the context so permits, their respective directors, officers, members, servants or agents.
“Member State” has the same meaning as in the Boccia Australia constitution and where the context so permits, the Member State in which you apply to become a member.
“State Affiliate” has the same meaning as in the Boccia Australia constitution.
2. If my application for membership is accepted I will be a member of Boccia Australia and a Member State. I acknowledge my membership will be deemed to be accepted upon my participation in Boccia Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, regulations and policies of the Boccia Organisations of which I become a member.
3. Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of the Boccia Organisations (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of the Boccia Organisation will, at the discretion of the relevant Boccia Organisation, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
WARNING UNDER THE FAIR TRADING ACT 1999: Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions 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
- as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
- reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, 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 Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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” is defined in the Fair Trading (Recreational Services) Regulations 2004.
4. Release and Indemnity: In consideration of Boccia Australia accepting my application for membership I, to the extent permitted by law:
- release and will release the Boccia Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any Boccia Activities; and
- indemnify and will keep indemnified the Boccia Organisations in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Boccia Activities.
5. Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Boccia Activities. I will immediately notify Boccia Australia in writing through my Member State of any change to my medical condition, fitness or ability to participate. I understand and accept that the Boccia Organisations will continue to rely upon this declaration as evidence of my fitness and ability to participate.
6. Medical Treatment: I consent to receiving any medical treatment that a Boccia Organisation reasonably considers necessary or desirable for me during my participation in Boccia Activities. I also agree to reimburse the relevant Boccia Organisation for any costs or expenses incurred in providing me with medical treatment.
7. Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any Boccia Activities. I acknowledge and agree that such photographs and electronic images are owned by Boccia Australia or my Member State and that the Boccia Organisations may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to the Boccia Organisations using my name, image, likeness and also my performance in the Boccia Activities, at any time, by any form of media, to promote the Boccia Activities.
8. Privacy: I understand that the information I have provided is necessary for the objects of the Boccia Organisations. I acknowledge and agree that the information will be disclosed by Boccia Australia to my Member State (or vice versa) and will only be used for the objects of the Boccia Organisations, Boccia Organisation general business and to provide me with membership services. I understand that I will be able to access the information through Boccia Australia or my Member State. If the information is not provided my membership application may be rejected.
I acknowledge that the Boccia Organisations may also use my personal information for the purposes of providing me with promotional material from Boccia Organisation sponsors or third parties. I may advise my Member State if I do not wish to receive from the Boccia Organisations, any sponsor or third party promotional material.
9. Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.
10. Insurance Cover: I acknowledge that the sport has some limited group personal accident and liability insurance policies in place and that further details of the cover can be viewed on the Boccia Australia website. I acknowledge that I have been advised to consider my own circumstances and to take out my own insurances - such as private health insurance, life insurance, income protection insurance, property insurance etc. I acknowledge that if I make a claim under a Boccia Australia policy that I am responsible for paying any applicable policy excess.
11. I warrant that all information provided is true and correct.