Tennis Australia
As a condition of participation in the activities, the Participant agrees to the conditions of participation set out below. If the Participant is under 18, as parent/guardian of the Participant, you give your consent for the Participant to participate in the Activities on the conditions set out below, please agree in the box provided below.
CONSENT TO PARTICIPATE AND RISK WARNING
The Participant acknowledges that he or she will be exposed to certain risks when participating in the Activities including but not limited to physical injury, death or property damage. You acknowledge that participation in the Activity is entirely at the Participant’s own risk. You have voluntarily read and understood this risk warning and accept and assume the inherent risks in the Participant’s participation in the Activity.
DECLARATION OF FITNESS TO PARTICIPATE
The Participant declares that he or she is medically and physically fit and able to participate in the Activity. The Participant will immediately notify Tennis Australia of any change to the Participant’s medical condition, fitness or ability to participate. The Participant understands that Tennis Australia will rely upon this declaration as evidence of the Participant’s fitness and ability to participate.
CONSENT TO MEDICAL TREATMENT AND STORAGE AND USE OF MEDICAL INFORMATION
If deemed necessary by National Academy staff or Tennis Australia, the Participant may be assessed, provided with advice and/or given treatment by National Academy doctors and other health service providers, including but not limited to physiotherapists, psychologists and nutritionists (Health Providers). The Participant:
a) consents to the Health Providers:
(i) consulting with, screening and treating the Participant; and
(ii) collecting and storing records of relevant consultation or treatment information (Database Information) including entering that Database Information into Tennis Australia's electronic Athlete Management System (AMS)
b) acknowledge that Tennis Australia is not responsible for treatments provided by the Health Providers and that Tennis Australia only facilitates these services. The Participant understands that Tennis Australia does not accept any responsibility or liability for the services provided to the Participant by the Health Care Providers. The Participant acknowledges the risks associated with obtaining the services from the Health Care Providers and accepts those risks voluntarily.
c) consents to Tennis Australia obtaining on behalf of the Participant any medical assistance, treatment and transport for the Participant as Tennis Australia deems reasonably necessary. The Participant acknowledges and agrees that he or she will be responsible for any costs associated with any such medical treatment and/or transportation.
d) acknowledges that, subject to Tennis Australia complying with relevant privacy and health records legislation:
(i) the Participant's Database Information may be disclosed to the Health Providers, Tennis Australia's National Coach and other Tennis Australia coaches or health professionals who require access to the Participant's Database Information in the course of treating or coaching the Participant (including but not limited to health professionals outside of Australia or at activities other than those sanctioned by Tennis Australia; and
(ii) the Participant's Database Information may be used by Tennis Australia for the purpose of assessing and improving its programs or for research; and
e) acknowledges and agrees that:
(i) he or she has no proprietary rights to the AMS, nor to any Database Information that concerns him go her which is entered into the AMS; and
(ii) if he or she ceases to participate in the Activities or revokes the above consents, Tennis Australia will retain a copy of all Database Information for use in any subsequent relationship which the Participant enters with Tennis Australia and for the purpose assessing and improving its programs or for research and will otherwise deal with such Database Information in accordance with applicable legislation including the Privacy Act and the Health Records Act.
COLLECTION, STORAGE AND USE OF PERFORMANCE RELATED INFORMATION
The Participant acknowledges and agrees that Tennis Australia will collect and store performance related data and information about the Participant (including but not limited to on the AMS) and that this information may be disclosed by Tennis Australia to Tennis Australia coaches and other professionals who are involved in coaching or training the Participant as well as for the purposes of assessing and improving Tennis Australia’s programs and research purposes.
CONDUCT OBLIGATIONS
The Participant acknowledges and agrees that whilst he or she is participating in the Activities, he or she must: (a) comply with all Tennis Australia policies including, without limitation, the TA Anti-Doping Policy and the Tennis Anti-Corruption Program (which can be obtained at (https://www.tennis.com.au/about-tennis-australia/reports-and-policies/policies); and (b) follow any lawful instructions or directions of Tennis Australia. If the parent/guardian of the Participant is attending the Activities they must also comply with the above policies. The Participant acknowledges that is he or she (and/or his or her parent/guardian) breaches any Tennis Australia policy, fails to follow any lawful instruction or direction of Tennis Australia or engages in any behaviour which, in the opinion of Tennis Australia, has the potential to bring, or brings the Participant, Tennis Australia, the Activities or the sport of tennis into disrepute, Tennis Australia may take action including, but not limited to suspending or dismissing the Participant from the Activities. The Participant acknowledges and agrees that he or she is required to: (a) give 100% in all matches and training sessions and display fine sportsmanship at all times; (b) display courteous and ethical behaviour both on and off the court; and (c) comply with the schedule set our by Tennis Australia. In addition, any State/National Development Squad coaches will be notified of your suspension and it will be taken into account when considering your ongoing/future participation and involvement.
TRANSPORT AND ACCOMODATION
The Participant will need to travel to participate in the Activity. You consent to Tennis Australia organising transport for the Participant. You acknowledge that Tennis Australia has organised this transport as a goodwill gesture to assist the Participant to participate in the Activity. You also understand that the Participant will need to stay in accommodation while participating in the Activity. You consent to Tennis Australia organising accommodation for the Participant. You agree to release Tennis Australia from any liability related to these transport and accommodation arrangements.
CONSENT TO USE IMAGE
The Participant consents to Tennis Australia, its Member Associations and its government and commercial partners taking the Participant’s image while the Participant is participating in the Activity. The Participant agrees that any such photographs, electronic images, sound recordings or video footage may be used by Tennis Australia, its Member Associations and its government and commercial partners, in resources and reports, and in promotional, advertising or marketing materials, without any further notice or payment to the Participant.
RELEASE AND INDEMNITY
To the fullest extent permitted by law, the Participant agrees to release and discharge Tennis Australia and its directors, officers, employees, volunteers and agents from all liability in respect of any loss or damage the Participant may suffer. Without limiting the foregoing, you also agree to release, defend, hold, harmless and indemnify Tennis Australia and its directors, officers, employees, volunteers and agents from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising from or incurred as a result of or in connection with the Participant’s participation in the Activities or in connection with any services provided by Health Providers.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW
IF THE PARTICIPANT IS BASED IN VICTORIA
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Tennis Australia is required to ensure that the recreational services Tennis Australia supply to the Participant are rendered with due care and skill; and are reasonably fit for any purpose which the Participant, either expressly or by implication, make known to Tennis Australia; and might reasonably be expected to achieve any result the Participant has made known to Tennis Australia. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Tennis Australia is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this waiver and release form, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if the Participant is killed or injured because the services provided were not in accordance with these guarantees, 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 the Participant’s death or injury is due to gross negligence on Tennis Australia’s part. 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012
IF THE PARTICIPANT IS BASED IN SOUTH AUSTRALIA
The Participants rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is—
a statutory guarantee that those services will be rendered with due care and skill; and
a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying the Participants rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask the Participant to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If the Participant signs this form, the Participant will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if the Participant or the third party consumer suffer personal injury.
Important
The Participant does not have to agree to exclude, restrict or modify the Participants rights by signing this form.
The supplier may refuse to provide the Participant with the services if the Participant does not agree to exclude, restrict or modify your rights by signing this form.
Even if the Participant signs this form, the Participant may still have further legal rights against the supplier.
A Participant under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a Participant who acquires recreational services for the Participant cannot legally agree to exclude, restrict or modify the Participant's rights.
Agreement to exclude, restrict or modify your rights:
You agree that the liability of Tennis Australia for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
IF THE PARTICIPANT IS BASED IN ANOTHER STATE
WARNING: The Participant acknowledges that the Participant participates in the Activity at their own risk. If the Participant participates in the Activity your rights to sue the supplier under the Australian Consumer Law in the event that the Participant is killed or injured because the Activity was not supplied with due care and skill or was not reasonably fit for its purpose, are excluded, restricted or modified in the way set out in or on this form.
EXCLUSION OF GUARANTEES: The guarantees relating to the supply of services contained in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are hereby expressly excluded in respect of the provision of recreational services.
NOTE: The change to the Participant’s rights, as set out in or on this notice, does not apply if the Participant’s death or injury is caused by reckless conduct on the supplier’s part. “Reckless conduct” is defined in section 139A of the Competition and Consumer Act 2010.
PRIVACY
To assist us in the provision of products and services, we need to collect personal information about the Participant. When the Participant provides his or her personal information the Participant agrees that this will be used by Tennis Australia and other Australian Tennis Organisations under the terms of this statement, and the tennis privacy policy located at www.tennis.com.au/privacy, which contains information about how you and the Participant may access and seek correction of the Participant’s and your personal information or complain about a breach of the Participant’s or your privacy, and how we will deal with that complaint. If you do not agree, you must not provide the Participant’s or your personal information, and you and the Participant may be unable to access all of our products and services. We may disclose the Participant’s and your personal information to other parties, including our related companies, other Australian Tennis Organisations, and third parties who provide us services. From time to time, these third parties may be located (and therefore your and the Participant’s personal information may be disclosed) overseas, including to the USA and the Netherlands.
PARTICIPANT DECLARATION
By ticking the box below, I (the Participant) acknowledge and agree that I have carefully considered the risk involved in participating in the Activities and that I have read, understood and agree to being bound by the above terms and conditions. I, the Participant, warrant that the information provided on this consent form is true and correct. This consent form is valid from the date of submitting until the date I, the Participant, no longer participate in the Activities or this consent is revoked in writing by notice to Tennis Australia.
PARENT GUARDIAN DECLARATION
By ticking the box below I, as the parent/guardian of the Participant acknowledge and agree that I have carefully considered the risk involved for the Participant to participate in the Activities. I have read, understood and agree to the Participant being bound by the above terms and in consideration of the Participant being accepted to participate in the Activities and I give the same consents, release and indemnity as above. I warrant that all information provided on this consent form is true and correct. This consent form is valid from the date of submitting until the date of the Participant no longer participates in the Activities or this consent is revoked in writing by notice to Tennis Australia.
