The terms and conditions set out below govern a person’s involvement in any swim squad program run by the UWA West Coast Swimming Club Incorporated (ABN 43 626 534 214) with effect from 13 September 2020.
In these terms and conditions:
“UWSC” means and includes UWA West Coast Swimming Club Incorporated, and its committee members, officers, members, servants or agents.
“UWSC Member” means a current financial member of UWSC.
“UWSC Customer” means a person enrolled in the UWSC Squad Program.
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with a UWSC Squad Program;
“UWSC Squad Program” means the swimming squad training programs being conducted by or on behalf of UWSC and includes activities on land, in swimming pools and in gymnasium facilities.
“Squad Session” refers to a session in the UWSC Squad Program. It includes but is not limited to a tour, weekly or daily session.
“Individual Squad Program” means a series of squad sessions run within the UWSC Squad Program.
“Performance Squads” include the following:
- Performing Nationals Squad
- Developing Nationals Squad (Green)
- Developing Nationals Squad (Blue)
- Emerging Nationals Squad
- Any other squads whose members are invited to participate based on criteria established by UWSC.
“Junior Squads” include any squads in the UWSC Squad Program other than Performance Squads.
By enrolling in a UWSC Squad Program, you acknowledge that you will be bound by these terms and conditions.
You also acknowledge that you will be bound by UWSC policies which apply to UWSC Squad Program participants including the Swimming Australia Safeguarding Children and Young People Policy and Member Protection Policy, and any reasonable direction issued by UWSC or their representatives. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under UWSC’s rules and regulations.
3. Risk warning and waiver
Your participation in the UWSC Squad Program is inherently dangerous and may involve risk. There are risks specifically associated with participation in the UWSC Squad Program and accidents can happen which may result in personal injury, death or property damage. Prior to participating in UWSC Squad Program, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By enrolling in the UWSC Squad Program, you acknowledge, agree, and understand that participation in the UWSC Squad Program may involve risk. You agree and undertake any such risk voluntarily and at your own risk.
4. Release & indemnity
In consideration of UWSC accepting your enrolment in UWSC Squad Program, to the extent permitted by law you:
- Release and forever discharge UWSC from all Claims that you may have or may have had but for this release arising from or in connection with the UWSC Squad Program; and
- Release and indemnify UWSC against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by UWSC or in any other manner whatsoever; and
- Indemnify and will keep indemnified and hold harmless UWSC to the extent permitted by law in respect of any Claim by any person:
- Arising as a result of or in connection with you undertaking the UWSC Squad Program; and
- Against UWSC in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of UWSC (or any authorised person), save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of UWSC.
You acknowledge and agree that if you are a UWSC Member then Swimming Australia has arranged some limited insurance coverage which may provide you with some protection for loss, damage or injury that you may cause during your participation in the UWSC Squad Program. Details of this insurance can be found at: https://sport.marshadvantage.com.au/swimming/
However, you acknowledge and agree that the insurance taken out by Swimming Australia for UWSC Members may not provide full indemnity for loss, damage or injury that you may cause during your participation in the UWSC Squad Program, that if you are not a UWSC Member you are not covered by this insurance and that you may have to pay the excess if a Claim is made on your behalf.
You further acknowledge and agree that UWSC does not provide any insurance in relation to loss, damage or injury that you suffer during your participation in the UWSC Squad Program. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any additional coverage at your expense after taking into account Swimming Australia’s insurance arrangements and your own circumstances.
6. Participation of minors
If the person participating in a Program run by UWSC is a minor, then their parent or guardian:
- Agrees to these terms and conditions in respect of the minor and gives the releases and warranties set out in these terms and conditions; and
- Will, where applicable, procure the minor to abide by these terms and conditions.
Parents and guardians must comply with the hours of operation and allocated drop-off and pick-up times. UWSC is unable to supervise minors outside of the drop off and pick up times.
7. Disclosure of medical conditions
You warrant that prior to participating in the UWSC Squad Program you:
- Are and must continue to be medically and physically fit and able to undertake and participate in the UWSC Squad Program;
- Are not a danger to yourself or to the health and safety of others; and
- Are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the UWSC Squad Program.
You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage.
You acknowledge that UWSC relies on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during the UWSC Squad Program to UWSC before you leave any relevant venue.
8. Medical treatment
You consent to receiving any medical treatment that the UWSC or their authorised representatives consider necessary or desirable during or after the UWSC Squad Program and agree to reimburse UWSC for any costs or expenses incurred in providing such medical treatment.
9. Use of image
You acknowledge and consent to photographs and electronic images being taken of you during the UWSC Squad Program. You acknowledge and agree that such photographs and electronic images are owned by UWSC and UWSC may use the photographs for promotional or other purposes without your further consent being necessary. Advise an UWSC representative if you do not agree to any such images being taken.
UWSC reserves the right to alter and/or cancel any part of the UWSC Squad Program due to unforeseeable circumstances that take place on our venues and facilities.
Individual Squad Program – If minimum enrolments are not reached an Individual Squad Program may be cancelled. If an Individual Squad Program is cancelled, participants and/or guardians will be notified directly and options with be provided to you, including enrolling into a different Individual Squad Program for the same time period and value, a credit allocated to your UWSC account or a full refund.
Squad session – UWSC will do its best to avoid cancelling Squad Sessions. However, at times due to unexpected circumstances a Squad Session can be cancelled without prior notice. When this occurs participants will where feasible receive a phone call, text or email at least one hour prior to the class time. UWSC will endeavour to provide a make-up Squad Session. If a make-up Squad Session cannot be arranged, a refund or credit to your UWSC account will be provided to participants for that Squad Session.
11. Missed squad session
No make-up squad sessions, credits or refunds are available to participants for missed squad sessions in any Performance Squad Program.
Where participants in Junior Squads miss a squad session UWSC will use its best endeavours to arrange one make-up session per week, subject to spare spots being available in other squad sessions covering the same skills.
12. Change of details
You must notify UWSC of any changes to your address, contact numbers, email addresses or persons authorised to collect participants (i.e. children) after an enrolment has been processed for an Individual Squad Program.
13. Single payment
Payment for an Individual Squad Program is due as a single payment on the date advised by USWC which must be prior to the start of that Individual Squad Program.
14. Payment plan
A UWSC customer can, subject to the terms detailed below, elect to make payment using the UWSC payment plan, with the Individual Squad Program fee being payable in monthly instalments over the period of that Individual Squad Program.
Payments under the payment plan are made by direct debit and charged to the nominated VISA or Mastercard as follows:
- First instalment payable on enrolment in the Individual Squad program
- At the start of each subsequent month beginning on enrolment in the Individual Squad program.
UWSC will advise of the dates and amounts of payments under the payment plan prior to the due date for enrolment in the Individual Squad Program.
By signing up to the UWSC payment plan you authorise UWSC to arrange a transfer of funds from the nominated credit card (VISA or MasterCard only) in the applicable amounts and at the intervals advised for the Individual Squad Program.
It is the member’s responsibility to ensure that on the due date clear funds are available in the nominated account to meet direct debit payments or to inform UWSC of any changes in the details of the acknowledged credit card prior to the monthly charge being processed.
If any payment fails to transfer between institutions, further attempts can be made until successful.
Should an instalment payment not clear, UWSC will contact the member requesting immediate settlement of the payment. Any fees levied to the UWSC Customer by their financial institution will be payable by the UWSC Customer.
If the UWSC Customer’s transactions are unsuccessful for three consecutive months and the member does not contact UWSC to rectify the outstanding amount, the member’s details will be passed to UWSC’s debt collection agency for resolution.
UWSC reserves the right to suspend a UWSC Customer’s enrolment in an individual Squad Program should they not respond to requests regarding outstanding debt from UWSC or if they are one monthly payment behind.
UWSC reserves the right to cancel a UWSC Customer’s enrolment in an individual Squad Program where there are ongoing payment issues, and UWSC reserves the right to refuse access to the payment plan option for subsequent individual Squad Program.
If a UWSC Customer believes that a withdrawal has been initiated incorrectly, they can contact UWSC. UWSC Customer will receive a refund for the amount withdrawn if the UWSC cannot substantiate the reason for drawing.
15. Governing law
The governing law of this agreement is the law of the state of Western Australia (Jurisdiction). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction