Skeeta Skills Terms & Conditions

In consideration of the child that I am the parent/guardian of being permitted to participate in the Skeeta Skills Clinic, I agree with Essendon Football Club (EFC) on behalf of him/her and myself to be bound by the following Terms and Conditions:

1. In these Terms and Conditions (including, without limitation, in Schedule 1): “Commonwealth Act” means Competition and Consumer Act 2010 (Cth); “EFC Personnel” means any employees, volunteers, contractors or agents of EFC; “he/she” means the individual defined as “Child” above and “him/her” has a corresponding meaning; “I” means the individual named above who signs this document; “Personal Injury” has the meaning given to the term ‘personal injury’ in the Victorian Act; “Recreational services” has the meaning given to that term in section 139A(2) of the Commonwealth Act (and to the equivalent term in section 22 of the Victorian Act); and “Victorian Act” means Australian Consumer Law and Fair Trading Act 2012 (Vic).
2. I acknowledge that his/her participation in the Activity involves activities that carry inherent risks of his/her physical injury, including (without limitation) serious injury, such as permanent disability, paralysis and even death.
3. I acknowledge and agree that his/her participation in the Activity is undertaken exclusively at his/her own risk.
4. I declare that he/she is physically fit to participate in the Activity and understand that I am responsible for informing EFC of any medical conditions or injuries that may affect his/her ability to do so. I undertake to immediately inform EFC (in writing, if practicable) if he/she develops any medical conditions or injuries prior to, or in the course of, his/her participation in the Activity (and to instruct him/her to do the same).
5. I agree to ensure that I read, understand and comply at all times (and ensure that he/she understands and complies at all times) with any EFC policies, procedures and rules (as amended from time to time) and any reasonable directions from EFC or EFC Personnel which may apply in relation to his/her participation in the Activity. I agree that, without otherwise affecting the rights and obligations under these Terms and Conditions, EFC may, in its absolute discretion, revoke its permission for him/her to participate in the Activity at any time.
6. I consent to him/her receiving and agree to pay for any medical treatment (including transport by ambulance) which is considered in the reasonable opinion of EFC or EFC Personnel to be advisable, before, during or after his/her participation in the Activity.
7. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be lawfully excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of good and services in certain circumstances.
8. Except in relation to any supply of Recreational services to which clause 9 applies, where any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under the Australian Consumer Law and cannot be excluded (Non-Excludable Provision) and EFC or EFC Personnel are able to limit our remedies for a breach of the Non-Excludable Provision, the liability of EFC and EFC Personnel to me and him/her for breach of the Non-Excludable Provision is limited, at EFC’s option, to: (a) the supplying of any services again; or (b) the payment of the cost of having any services supplied again.
9. I have read and understood Schedule 1 below (which forms part of this clause 9). I acknowledge and agree that, to the extent permitted under section 139A of the Commonwealth Act and section 22 of the Victorian Act, EFC and EFC Personnel exclude all liability in respect of any death or Personal Injury arising from his/her participation in the Activity for any failure to comply with a guarantee under sections 60 to 62 inclusive of the Australian Consumer Law in respect of any supply, in trade or commerce, of Recreational services to me or him/her as a consumer (within the meaning provided in section 3(3) of the Australian Consumer Law).
10. Subject to clauses 7, 8 and 9, to the maximum extent permissible by law, he/she and I waive, release and discharge EFC and EFC Personnel from all claims or causes of action I or he/she may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me or him/her including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of his/her participation in the Activity.
11. Except as expressly included in these Terms and Conditions and subject to clauses 7, 8 and 9, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these Terms and Conditions.
12. I authorise Essendon Football Club the right and permission to record, and/or publish, reproduce, or otherwise use their child’s name, voice, and likeness in video, photographs, written materials, and audio-visual recordings (in each case in digital or physical form). I acknowledge and understand these materials about or of my child may be used for both commercial and/or non-commercial purposes.
13. I understand that the child’s image may be edited, copied, exhibited, published and/or distributed. I also understand this material may be used individually or in conjunction with other media in any medium, including without limitation to print publications, digital publications, and/or public broadcast for any lawful purpose. There is no time limit on the validity of this release nor are there any geographic limitations on where these materials may be distributed. I hereby acknowledge and grant Essendon Football Club, its employees, agents, licensees, successors, and third-party organisations all ownership rights and binding right and permission to use, publish, sell, distribute, and/or promote the recorded video, photo, interview, and/or audio.
14. These Terms and Conditions are governed by the laws of Victoria. To the extent that any clause of these Terms and Conditions is void or unenforceable it is severable and does not affect the remaining provisions.

Schedule 1 – Notice

The following applies in respect of your rights under the consumer guarantees under the Australian Consumer Law (Victoria) in respect of any supply, in trade or commerce, of Recreational services to you as a consumer (within the meaning provided in section 3(3) of the Australian Consumer Law):

Warning under the Australian Consumer Law and Fair Trading Act 2012 (VIC)

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees 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

· are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

· might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier 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 the supplier'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.