Terms and conditions

CONSENT TO PARTICIPATE AND RISK WARNING

I consent to participating in the Get Into Cardio Tennis (GICT) sessions (including all game play, warm-up and cool down activities) delivered by the deliverer of GICT (GICT Deliverer) at the venue (Activity). I acknowledge that I will be exposed to certain risks when participating in the Activity including the risk of physical injury and that participation in the Activity is entirely at my own risk. I have voluntarily read and understood this risk warning and accept and assume the inherent risks in participating in the Activity.

DECLARATION OF FITNESS TO PARTICIPATE

I declare that I am fit and able to participate in the Activity, that I have no existing health issues or conditions that will affect my participation. I confirm that I will promptly advise the GICT Deliverer of any health issue or other condition that arises in the future which may affect my participation in the Activity in any manner whatsoever. I understand that if the GICT Deliverer is not provided with all relevant and necessary information about my health and capacity they will not be able to fully appreciate the risk of harm or injury to me in providing instruction and in allowing me to participate in the activity. I understand that Tennis Victoria will continue to rely upon this declaration as evidence of my fitness and ability to participate. Note: if you are pregnant, you should consult your obstetrician or GP to confirm whether Get Into Cardio Tennis is suitable before participating.

WET & EXTREME WEATHER

In the event that a session is cancelled either due to wet or extreme weather there will be a full refund of monies for those paid up and enrolled in a single session. Details of our extreme weather policy can be found here.

CANCELLATIONS

Tennis Victoria reserves the right to cancel, amend or reschedule any session, for reasons other than wet and extreme weather. Should this occur, Tennis Victoria will endeavour to let all participants know in advance. Those sessions which are paid for will be refunded in full. For participants who wish to cancel, 24 hours’ notice from the time of the start of the advertised session is required to be eligible for a full refund.

CONSENT TO USE IMAGE

In consideration of participating in the Activity, I acknowledge and agree that:

  1. Photographs, sound recordings or audio visual recordings in which I appear will be provided to the Victorian Health Promotion Foundation (ABN: 20 734 406 352) (VicHealth) who may use those items internally or externally to promote its business and further its objectives under the Tobacco Act 1987 (Vic) and I irrevocably consent to my image and voice being used for those purposes.
  2. I understand that Tennis Victoria and VicHealth may edit, amend, or otherwise vary photographs, sound recordings or audio visual recordings at any time and may use those items in any other media, or may not use the items at all. I understand that Tennis Victoria and VicHealth will not be required to enter into any correspondence with me about such decisions.
  3. I understand that there is no time limit on Tennis Victoria and/or VicHealth’s use of photographs, sound recordings or audio-visual recordings.
  4. VicHealth will deal with my personal information in accordance with its privacy policy and I understand that I may seek access to personal information by contacting VicHealth; and
  5. I agree to be photographed or recorded voluntarily and I understand I will not receive payment, royalties or other consideration for my appearance in these items or for any subsequent use of such items by Tennis Victoria or VicHealth or their licensees or assignees.

CONSENT TO EMERGENCY TREATMENT AND TRANSPORT

I consent to any employee, official, agent or representative of the GICT Deliverer, Tennis Victoria or the venue, obtaining on my behalf and at my expense any emergency medical assistance, treatment and transport as deemed reasonably necessary.

ACKNOWLEDGEMENT AND RELEASE

In consideration of participating in the Activity, to the extent permitted by law, I agree to release and discharge Tennis Australia, Tennis Victoria, the GICT Deliverer and owner of the venue (‘Owner’) (and their officers, directors, contractors, employees and representatives) from all liability in respect of any loss or damage I may suffer. Without limiting the foregoing, I also agree to release, defend, hold harmless and indemnify Tennis Australia, Tennis Victoria, the GICT Deliverer, the Owner and their directors, contractors, officers, employees, volunteers and agents from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising or incurred as a result of or in connection with my participation in the Activity, my conduct and/or my negligence.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Tennis Australia, Tennis Victoria and the GICT Deliverer (‘we’) are required to ensure that the recreational services we supply to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the us; and might reasonably be expected to achieve any result you have made known to the us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, we are 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 you are 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 your death or injury is due to gross negligence on our 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.

PRIVACY

By signing up as a GICT participant I agree that my details will be added to the My Tennis database for the purposes of having access to all benefits that a Tennis Victoria registered participant is entitled to, including, but not limited to, personal accident insurance. You can find further details on insurance here and Tennis Victoria registration here.

I consent to the collection, storage, use and disclosure of my personal information in accordance with the tennis privacy statement and the tennis privacy policy, which contains information about how I may access and seek correction of my personal information, how I can complain about a breach of my privacy, and how the complaint will be dealt with.