MyGolf - Participant T&C's
Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
Facility means the entity which is responsible for the conduct of the National Program(s). As the context requires Facility also includes the location at or from which the National Programs will be conducted.
GA means Golf Australia Limited.
Golf Organisation means and includes GA, its members, the Facility and their respective directors, officers, members, servants or agents.
Participation means performing or participating in any capacity in any activity in the Program.
Program means the MyGolf Program conducted by and at the Facility.
Rules means all relevant rules and policies relating to the Program.
1. If my application for entry is accepted by the Facility, I will be a participant in the Program. I acknowledge my application will be considered and may be accepted or rejected in accordance with the Rules. If accepted I acknowledge that: (a) I will be bound by and agree to comply with the Rules; and (b) the Rules are necessary and reasonable for promoting the Program.
2. Warning: Participation in the Program can be inherently dangerous. I acknowledge that I am exposed to certain risks during Participation including but not limited to physical exertion, contact with equipment, wind and weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in Participation.
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 and services may be excluded. I acknowledge that these implied terms and rights and any liability of the Golf Organisations (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of the Golf Organisations will, at the discretion of the relevant Golf Organisation, be limited to the resupply of the services or the payment of the cost of having the services supplied again.
4. Release & Indemnity: In consideration of being accepted to the Program I: (a) release and will release the Golf Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my Participation; and (b) indemnify and will keep indemnified the Golf Organisations to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my Participation.
5. Fitness to Participate: I declare that I am medically, mentally and physically fit and able to Participate in the Program. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Facility in writing of any change to my medical condition, fitness and ability to participate.
7. Insurance: GA has in place certain insurance which cover my Participation. I acknowledge I can also affect and maintain my own insurance in respect of health insurance, personal injury and/or public liability to whatever value I consider necessary.
8. Refund policy: I acknowledge and agree that; (a) a full refund may be given if I have given GA or the Facility notice that I am unable to attend the Program and such notice has been provided at least a week before the Program commencement date. (b) a full refund may be given if a medical condition prevents me from commencing the Program. A partial refund may be issued if a medical condition prevents me from completing the Program. Any partial refund amount will be calculated based on the number of sessions missed; and (c) any refunds after program commencement (excluding for medical conditions) will be at the discretion of the Facility.
9. Use of image: I consent to GA and the Facility, using my name, image, likeness and also my performance in the Participation at any time to promote the Objects of GA and/or the Facility, by any form of media. I waive any rights I might have to or in such use of my name, image or likeness by GA or the Facility. If you do not wish to consent to your child’s name and image being used please notify GA (firstname.lastname@example.org) and the Facility.
10. Intellectual Property (IP): I acknowledge and understand that GA owns the IP in the Program. I declare that I will not infringe any GA IP rights.
11. Commitment to the Protection of Children and Young People (CYP): I declare that I will seek to protect all other participants in the Program, and particularly CYP, from all Abuse and Child Abuse including grooming. I acknowledge that GA is seeking to create and maintain a CYP safe and inclusive culture that is understood, endorsed and put into action by all. I agree to use my best endeavours to develop and grow such a culture. I agree to be bound by and comply with GA’s Code of Conduct for People in Position of Authority when Dealing with Children and Young People.
12. I warrant that all information provided is true and correct. I acknowledge that this declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by the Facility.
13. Severance: If any provision of this 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 of it in any other jurisdiction. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.