THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.
DEFINITIONS & INTERPRETATION
Academy means the football coaching program provided by Patafta Football at our Facilities.
Enrolment for Membership means the Enrolment for Membership form supplied by Patafta Football.
Facility or Facilities means a Patafta Football training location or locations.
Membership Terms means these membership terms.
Parties means You and Us.
Patafta Football means Patafta Tutoring & Football Pty Ltd ACN: 619 436 314
Patafta Football Contract means the Rules, the Membership Terms and the Enrolment for Membership.
Services means the services and / or facilities provided by Patafta Football to You.
Staffed Hours means the times a Facility is staffed. Times are subject to change at the sole direction of Patafta Football.
We, Us, Our means Patafta Football.
You, Your, Yourself means the person who is specified as the member in your Enrolment for Membership.
These are the Membership Terms on which Patafta Football is willing to provide a membership to You for the Academy.
The Membership Terms are between Patafta Football and You. You acknowledge and agree that you are over the age of 18 years of age.
3. PATAFTA FOOTBALL RULES
You must ensure that You read, understand, and abide by the rules of Patafta Football (the Rules) which are notified to You through signage, handouts, or provided for by our staff.
The Rules govern Your use of the Services and Facilities provided by Patafta Football. In becoming a member, You agree to abide by the Rules which are binding rules that apply to all members, guests and visitors.
If You break any of the Rules, We will respond in a way which we consider fair and reasonable which may include the following:
a) A written warning; or
b) Suspension or cancellation of Your membership.
If Your breach causes us or another person costs, losses and / or damages, You agree to pay for these.
4. ENTIRE AGREEMENT
The Rules, the Membership Terms and the Enrolment for Membership form the entire agreement between the Parties (collectively the Patafta Football Contract).
When you sign or agree to the Membership Terms online, You are entering into a legally binding contract with Us. It is important that You have read and understood all the terms and conditions of the Patafta Football Contract before signing the Membership Terms. If You have any questions, please ask Us before You sign or agree online.
If the Membership Terms and / or the Patafta Football Contract differ from anything You are told via email or over the phone, the Membership Terms and / or the Patafta Football Contract will apply, unless written confirmation is received from an employee of Patafta Football.
5. ENROLMENT FOR MEMBERSHIP
Submission of an Enrolment for Membership is an offer by Patafta Football to You to become a member of the Academy subject to the Membership Terms. Patafta Football reserves the right to reject any Enrolment for Membership at its sole discretion.
Your membership will commence on the Membership Start Date (Membership Start Date) as per the date of submissions of Your Enrolment for Membership, provided that You have signed/agreed to the Membership Terms.
Your membership is subject to the terms of the Patafta Football Contract as amended by Patafta Football from time to time.
You accept full responsibility for updating Your personal information to Patafta Football for the purposes of billing, marketing and / or contact information.
6. ACADEMY ACCESS AND TRAINING
You become a member of Patafta Football under the type of membership (Membership Type) and at the Facility location stated in your Enrolment for Membership.
Your use of the Services of Patafta Football are governed by the Membership Type. Patafta Football reserves the right to introduce, withdraw and / or vary categories of membership by providing you with seven (7) days written notice.
The Membership Types are as follows:
a) Junior Membership – 44 weeks (billed in four (4) cycles of eleven (11) week terms) – either 1 or 2 session(s) per week;
b) Elite Goalkeeper – 44 weeks (billed in four (4) cycles of eleven (11) week terms) – either 2, 3 or 4 sessions per week;
c) Elite Select – 44 weeks (billed in four (4) cycles of eleven (11) week terms) – either 3 or 4 sessions per week; and/or
d) Patafta Pro – on-going weekly billing for professional football consulting services.
Membership Types contain an “11-week minimum term” or are deemed “On-going”:
a) “11-week minimum term” means eleven (11) weekly payments followed by rolling membership until Your membership is terminated in a way set out in the Membership Terms;
b) “On-going” means 44 weekly payments per annum until Your membership is terminated in a way set out in the Membership Terms; and
c) “Paid in full” means paid upfront.
7. HEALTH AND INJURIES
You are aware of the possible health and safety risks associated with participating in physical activity and consent to any reasonable exercise which may from time to time be strenuous. You acknowledge and agree that exercising and using the Services of Patafta Football may involve risk of injury and You train and attend the Academy at Your own risk.
You have made Patafta Football aware of any relevant medical conditions or health problems and have obtained clearance from a registered medical practitioner to participate in physical exercise. You are aware that if Your medical conditions change, You will need to sign and complete a medical form and you take sole responsibility for doing so.
You will ensure that the information disclosed to Us will be true and accurate and not misleading in any way. You will not attend and use the Services provided by Patafta Football whilst You are suffering from illness, disease, injury or any other condition that could present a risk to the health and / or safety of other members and / or employees of Patafta Football or Yourself.
You undertake to notify Us of any changes to Your health and / or existing medical conditions. Our employees and / or contractors are not medically trained. We reserve the right to refuse entry and / or terminate Your membership if, in our reasonable opinion, You do not satisfy the medical and / or physical conditions required to participate in any activities of Patafta Football and You do not provide Us with medical clearance to prove otherwise.
You recognise that Patafta Football coaches and / or staff are not able to provide You with medical advice regarding medical fitness and that this information is issued as a guidance to the limitations of Your training ability.
You must not conduct Yourself in a manner which will cause harm or discomfort to Yourself and / or other members. You must notify any employees and / or contractors of Patafta Football of any injuries and / or changes in Your health which may impact Your ability to continue Your exercise program or use the Services provided by Patafta Football.
You consent to receive medical treatment, which may be deemed necessary in the event of an injury, accident or illness.
If You are under 18 years old, a parent or guardian must sign all documents required by Patafta Football and must accompany You at a Facility. We reserve the right to refuse You access to the Facilities if You are under the age of 18 and attend the Facility without Your parent or guardian present.
Your parent or guardian acknowledges and agrees to be responsible for ensuring that Your membership fees are paid and up to date.
You are personally responsible for payment to Us of the membership fees as and when they fall due.
Your membership fees are payable in accordance with the Membership Type selected in Your Enrolment for Membership. A pro rata payment will apply if Your commencement date is not in line with the billing schedule set by Patafta Football.
Patafta Football reserves the right to use the services of a third-party billing company to deduct membership fee payments.
If the direct debit option is taken, Your membership fees will be direct debited from Your nominated bank account or credit card. By nominating a credit or debit account, You authorise Us to deduct from that account all fees and other charges you are responsible for under the Membership Terms.
If you wish to pay any fees by alternate means (cash or EFT) you must request to do so in writing to email@example.com. Alternate means of payment other than direct debit shall be paid in full for each eleven (11) week billing cycle prior to the commencement of the Services.
It is Your responsibility to ensure that You have sufficient funds in Your nominated bank account when the weekly payments are to be direct debited. If there is insufficient funds in Your nominated bank account, or there is another reason that Your account was unable to be debited, You will be responsible for any administration fees and or collection fees charged by Patafta Football and / or any third-party billing providers.
In the event that You fall into arrears in respect of any membership fees payable, all arrears must be paid by You in full before You can receive any further Services with Patafta Football. Patafta Football reserves the right to deduct these membership dues from Your nominated bank account or credit card provided to Us at any time without notice to You.
Patafta Football reserves the right to charge a late payment fee. This may change at any time in amount or frequency.
Patafta Football reserves the right to levy an administration fee, if required, to forward any outstanding accounts to a third-party party collection agency. You will be responsible for all costs incurred by Us as a result of forwarding Your outstanding account to a third-party collection agency.
If Your membership fees are overdue, Patafta Football reserves the right to terminate Your membership at any time.
Patafta Football is not liable for any fees incurred by You from Your designated bank or card provider for any late fees or charges incurred for failing to meet direct debit agreement with Us.
If You seek to terminate the Patafta Football Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms, then You may be liable to Patafta Football for damages for breach of contract.
You must tell Us if you are transferring or closing Your account or card, at least 7 days before Your next direct debit. You must also tell Us about any changes to Your account or credit card, such as an expiry date or number, at least 7 days before Your next direct debit.
Patafta Football reviews membership fees periodically and may change the membership fees from time to time. Your membership fees may be increased at the discretion of and at any time by Patafta Football, subject to thirty (30) days written notice. Patafta Football will notify You in writing. It is Your responsibility to ensure that Patafta Football has up to date contact information for You. Where we have made a reasonable effort to let You know about a membership fee increase, You authorise Us to increase any direct debits from Your nominated bank account or credit card.
All membership fees include all government taxes and rates. We reserve the right to change Your membership fees in line with any government tax and rate changes.
Horseplay, vulgar language, abuse of equipment or any other inappropriate behaviour will not be tolerated and may result in suspension or cancellation of Your membership, with a cancellation fee.
You are solely responsible for any damage which You may cause to Yourself, other members and Patafta Football including but not limited to its facilities, services or equipment, if such damage is caused by Your willful act and / or negligence.
You agree to follow any reasonable direction of an employee and / or contractor of Patafta Football relating to health, safety or security or related matters.
Patafta Football reserves the right to use independent contractors to provide services at all Facilities.
There may be other services, including personal training services, offered by Us, contractors, licensees and others which are offered separately and / or in addition to services provided under the Membership Terms. We are not responsible for these third-party services including fees or any associated costs, claims or refunds, unless they are provided by us.
You hereby agree not to hold us liable and You agree to indemnify us and keep us indemnified against any claims, demands, losses or damages suffered by You as a result of the negligence of a contractor or franchisee.
12. SUSPENDING YOUR MEMBERSHIP
If You wish to suspend Your membership, You may notify Us of Your request in writing or by completing the forms required by Patafta Football. You must provide us with one (1) full calendar month notice in writing. You will not be able to use our Services whilst your membership is suspended and You must ensure that Your membership fees are up to date and You don’t owe Us any money.
If You are seeking to suspend Your membership over a period of three (3) months or more, You are required to provide evidence to support Your request.
Suspension periods will not count towards Your contractual minimum term, and will extend any applicable minimum term by the number of suspended months taken. Membership may not be suspended during the notice period of a cancellation request. We cannot backdate any time suspension requests. You must request a suspension when You need it. We cannot accept pro-rata payments or suspend Your direct debits outside an official time suspension.
13. PATAFTA FOOTBALL FACILITIES
Full details of Service hours are available on the website. Patafta Football reserves the right to vary the Staffed Hours, and / or to temporarily close certain areas of any Facility from time to time without notice.
You must not assign any rights or benefits under Your Patafta Football Contract unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under Your Patafta Football Contract and the Patafta Football Contract by providing you with written notice and without Your consent.
All cancellation requests are subject to the Membership Type and minimum term as outlined in Your Patafta Football Contract.
All cancellation requests for all Membership Types require fourteen (14) days written notice by You to Patafta Football via email or hard copy form.
All cancellation requests via phone, fax, SMS, social media or other medium will not be accepted.
All cancellation requests may be received by Us at any time. However, Patafta Football reserves the right to deny requests when the conditions of this clause have not been met by you.
You may cancel Your membership for the following reasons:
a) Medical: You may cancel your membership for medical reasons. Your doctor must provide certification that You are unable to use the Services for a period of six (6) months or more, and that using the Services of Patafta Football would impair Your health. The fourteen (14) days written notice will begin upon presentation and acceptance of medical certification via email.
b) Relocation: You may cancel or transfer your membership by giving fourteen (14) days written notice if You move your permanent residence 60km from any Patafta Football Facility. You must provide information supporting Your relocation and provide evidence that Your relocation is permanent. For example, utility bill, an updated drivers licence and / or a one-way flight.
c) Discontinue: You may cancel your membership by giving fourteen (14) days written notice if you wish to discontinue to receive the Services rendered by Patafta Football. You agree to pay all fees owing to Patafta Football for the whole eleven (11) week cycle remaining upon receipt of your cancellation notice for discontinuance.
Please note that this is an ongoing Patafta Football Contract. Your membership with Patafta Football will continue until adequate cancellation criteria has been met and agreed with an authorised officer of Patafta Football in accordance with this clause.
16. TERMINATION OF MEMBERSHIP BY PATAFTA FOOTBALL
We may terminate Your membership immediately by emailing or writing to you at the contact addresses We have on Our records:
a) If You commit a serious or repeated breach of Your Patafta Football Contract;
b) If You otherwise breach Your Patafta Football Contract and the breach, if capable of remedy, is not remedied within 14 days of Us giving You notice to do so and informing You that Your membership will be terminated if You fail to do so;
c) If any part of your membership fees remains unpaid 28 days after falling due;
d) If You provide us with details which You know to be false when submitted Your Enrolment for Membership Form and these false details may have affected Our reasonable decision to grant You membership; or
e) We are not of the reasonable opinion that You are not suitable for continued membership; or
f) You put the health, safety or well-being of Patafta Football staff or other members of Patafta Football at risk; or
g) You damage Our equipment or use illegal or performance-enhancing drugs.
If We terminate Your membership for any of the above reasons, We may (without limiting any other right or remedy) recover any other reasonable costs and expenses We may incur as a result of Your breach and to collect the full amount of Your membership fees for the remainder of the then current weekly billing period any other arrears. Further, We will collect any membership fees and fees that are outstanding when Your membership is terminated. We may use third parties to assist in the collection of outstanding membership fees and fees and You will be liable for these costs.
17. YOUR PERSONAL INFORMATION
You are responsible for advising Patafta Football of changes to Your personal information. Where Patafta Football is required to provide any written notification, Patafta Football will send the notice to the email on the Enrolment for Membership or any updated address You have provided to Us since joining. Any notice sent by Patafta Football in accordance with this clause will be deemed received by You three business days from the date of dispatch.
Any written notice or completed form provided to Patafta Football must be sent by email or given in person with the exception of a termination by You. Only notices delivered to Us in one of these two ways will be considered a valid notice.
18. INTERNET ACCESS AND SOCIAL MEDIA
You are personally responsible for the content that You publish online, whether in a blog, social network or social computing site or any other form of user-generated media. If a member of staff, independent contractor or another member harasses You, please make Us and the appropriate authorities aware immediately.
We advise mindfulness, that what You publish will be public for a long time. In the circumstances, You agree to protect Your privacy and take care to understand a site’s terms of service. You acknowledge and agree to be careful when sharing Your location and to protect Your own privacy and security. Patafta Football is not responsible or liable for any breach to Your privacy, security or harassment or bullying which You may encounter online or while using Our internet, shared network and / or machinery.
19. LIMITATION OF LIABILITY
Your Patafta Football Contract is subject to Australian law and is governed by the state laws where your home Facility is located.
Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
a) provided with due care and skill;
b) fit for any purpose You have told Us You are using the services for or for a result which You have told us You wish to achieve;
c) supplied within a reasonable time.
However, under certain legislative provisions, We may ask You to agree that these conditions do not apply to You. If you sign the Membership Terms, You will be agreeing that Your rights to sue Us are excluded, restricted or modified as set out in the Membership Terms. This applies if You are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
This change to Your rights does not apply if Your death or injury is due to Our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
Nothing in the Membership Terms excludes, restricts or modifies any terms; conditions; warranties; guarantees, rights or remedies which cannot be lawfully excluded, restricted or modified. Otherwise, unless expressly included in the Membership Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death and / or injury caused by Our negligence or breach of implied terms that Goods and / or Services will be provided with reasonable care and skill at common law. This does not exclude Our liability for gross negligence.
Subject to any breach by Patafta Football of the Membership Terms or its legal obligations, including any warranties implied by the Competition and Consumer Act 2010 (Cth), You hereby acknowledge and agree that Patafta Football, its directors or nominated agents, contractors, staff or shareholders shall not be liable for any loss, damage or personal injury suffered by You, whether directly or indirectly arising out of any act or omission by Patafta Football, its directors, agents, contractors, staff or shareholders.
You acknowledge sole responsibility for any personal equipment or belongings. You promise not to unnecessarily bring valuables onto our Facilities. Patafta Football will not be held liable for any loss, damage or theft of property belonging to or brought onto the Gym by You or a Guest, unless such event is due to the negligence of Patafta Football.
You agree to pay Us for any loss and / or damage to the Gym or the Goods and / or Services caused by You or Your guest through a willful, wrongful or negligent act or as a result of Your, or their breach of the Membership Terms.
You acknowledge and agree that you are responsible for Your own health and safety. You use the Goods and / or Services of Patafta Football at your own risk when you use the Good and / or Services of Patafta Football outside of Staffed Hours. Patafta Football is not staffed outside of the Staffed Hours. Times are subject to change at the sole direction of Patafta Football.
20. CHANGES TO MEMBERSHIP TERMS
Patafta Football may amend the Membership Terms, and will display any changes in the Gym or on the Patafta Football website. This includes changes to the Gym’s opening and closing hours, the Goods and / or Services and membership fees. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer of Patafta Football. Any changes will be effective immediately.
21. COMPLAINTS AND FEEDBACK
If you have any concerns about the Services provided by Patafta Football or anything else in relation to Your membership, You should first raise it with the staff of Patafta Football.
If You are not happy with the response given, You may send a complaint to the Managing Director.
22. OTHER TERMS
We are not responsible if You cannot use the Services because of an event caused by a natural force (such as fire or flood) or a road or building closure or something similar beyond our reasonable control.
The failure by Us to enforce any of Our rights at any time for any period shall not be construed as a waiver of these rights. Any failure to identify or act upon a breach of Your Patafta Football Contract shall not be deemed to be an affirmation by Patafta Football that Your behaviour is acceptable.
If a Court decides that any section of the Patafta Football Contract is invalid or unenforceable, that section will be deleted from the Patafta Football Contract.
The laws of the Australian Capital Territory apply to the Membership Terms.
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Patafta Tutoring & Football Pty Ltd
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