Membership Application and Declaration
THIS IS AN IMPORTANT APPLICATION AND YOU SHOULD READ IT CAREFULLY BEFORE SIGNING IT. UPON AGREEING TO THIS MEMBERSHIP APPLICATION AND DECLARATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED.
The following application and declaration must be read carefully. In consideration of your application for membership of Hockey Victoria being accepted you acknowledge and agree to the following terms and conditions:
1. Definitions: In this application and declaration:
"Affiliate" has the same meaning as in the HV Constitution and where the context permits, means the Affiliate in which you apply to become a member.
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Hockey Activities, but does not include:
(i) a claim against HV by any person expressly entitled to make a claim under a HV insurance policy; or
(ii) a claim against HV under any right expressly conferred by its constitution or regulations.
"Hockey Activities" means performing or participating in any capacity, including as a member, in any authorised or recognised Hockey Organisation activity.
"Hockey Organisation" means and includes HV and Affiliates and where the context so permits, their respective directors, officers, members, servants or agents.
"HV" means Hockey Victoria Incorporated (ABN 66 215 250 461).
2. Rules of membership and participation: By agreeing to these terms and conditions, you will become a member of the nominated Affiliate and HV. You acknowledge, agree and consent to becoming a member of the Hockey Organisations. Upon becoming a member of HV and the relevant Affiliate, the relevant Hockey Organisations' Constitutions will comprise a contract between you and the relevant Hockey Organisation and you will be bound by it and any by-laws, policies or codes of conduct made under it. You shall submit to any disciplinary measures taken against you and shall take any appeals and litigation before the authorities provided for in the relevant Constitutions and by-laws. You will pay on demand the prescribed or stated fees for the Hockey Activities and/or for affiliation with HV and the Affiliate. Such fees may be notified to you verbally, in writing (for example, including but not limited to through the registration system process) or by notice displayed in the relevant Hockey Organisation's premises. You acknowledge that your HV membership application is subject to you having paid all relevant annual membership fees to HV and Affiliates.
3. Risk Warning and Waiver: Your participation in the recreational activities supplied by the Hockey Organisations is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the recreational services provided by the Hockey Organisations may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
4. Waiver: A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).
If you agree to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
5. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these terms and conditions, you agree that the liability of the Hockey Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(iii)the contraction, aggravation or acceleration of a disease; or
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(A) that is or may be harmful or disadvantageous to you or the community; or
(B) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
For recreational services to which the Australian Consumer Law (Victoria) applies: 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 in this application and declaration, the Hockey Organisations, are required to ensure that the recreational services it supplies to you:
(i) are rendered with due care and skill;
(ii) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
(iii) 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 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you agree to these terms and conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this application and declaration.
Note: The change to your rights, as set out in this membership application and declaration, 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 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to this application and declaration, you agree that the liability of the Hockey Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.
6. Release & Indemnity: In consideration of the relevant Hockey Organisations accepting your membership application you, to the extent permitted by law:
(i) release and forever discharge HV and the Affiliate from all Claims that you may have or may have had but for this release arising from or in connection with your membership and/or your participation in the Hockey Activities;
(ii) release and indemnify HV and the Affiliate 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 any Hockey Organisation or in any other manner whatsoever; and
(iii) indemnify and will keep indemnified and hold harmless HV and the Affiliate to the extent permitted by law in respect of any Claim by any person:
(A) arising as a result of or in connection with your membership or undertaking the Hockey Activities; and
(B) against any Hockey Organisation in respect of any injury, loss or damage arising out of or in connection with your failure to comply with HV's rules and/or directions, 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 a Hockey Organisation.
7. Insurance: You acknowledge and agree that HV has arranged some limited insurance coverage which may provide you with some protection for loss, damage or injury that you may suffer during your participation in Hockey Activities. However, you acknowledge and agree that any insurance taken out by HV may not provide full indemnity for loss, damage or injury that you may suffer during your participation in Hockey Activities and that you may have to pay the excess if a Claim is made on your behalf. 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 HV insurance arrangements and your own circumstances.
8. Disclosure of Medical Conditions: You warrant that prior to undertaking any Hockey Activities you:
(i) are and must continue to be medically and physically fit and able to undertake and participate in the Hockey Activities;
(ii) are not a danger to yourself or to the health and safety of others;
(iii)have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
(iv) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in a Hockey event or competition including participating in Hockey Activities.
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 Hockey Organisations rely 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 any Hockey Activities to the Hockey Organisation conducting the relevant Hockey Activity before you leave any relevant venue.
9. Consent to Medical Treatment: If you suffer any injury or illness, you agree that a relevant Hockey Organisation may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment. You agree to reimburse the relevant Hockey Organisation for any costs or expenses incurred in providing such medical treatment.
10. Exclusion of Applicant: You warrant that you have not at any time been excluded from Hockey Activities by a medical practitioner or any person or entity including but not limited to a Hockey Organisation. You acknowledge and agree that a Hockey Organisation may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking any Hockey Activities.
11. Safety: You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in Hockey Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by and/or directions of any Hockey Organisation in connection with any Hockey Activities. If you fail to comply with the rules and/or directions of any relevant Hockey Organisation, you will not be permitted to participate or to continue to participate in the Hockey Activities and no refund will be given.
12. Prevailing conditions - You acknowledge and agree that:
(i) some Hockey Activities may be affected by the weather which may change without warning; and
(ii) in such activities, there can be an element of the "luck of the prevailing conditions" when undertaking the Hockey Activities over which the Hockey Organisations have no control.
13. Acceptance: Performance of a Hockey Organisation's obligations under the contract may be effected by any one or more of the providers of the Hockey Activities either jointly or severally.
14. Bar to proceedings: A Hockey Organisation may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against a Hockey Organisation, you:
(i) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
(ii) waive any right to object to the exercise of such jurisdiction;
(iii) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by a Hockey Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by a Hockey Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
(iv) will pay the costs of any application made by any one or more Hockey Organisation under paragraph
(v) above and will consent to any application for security of costs made at any time by any one or more Hockey Organisation; and
(vi) consent to paying the legal defence costs of the proceedings (on a solicitor client basis) of any Hockey Organisation where the Hockey Organisation(s) successfully defend the proceedings.
15. Use of Image: You acknowledge and consent to photographs and electronic images being taken of you during your participation in Hockey Activities. You acknowledge and agree that such photographs and electronic images are owned by the relevant Hockey Organisation and the Hockey Organisation may use the photographs for promotional or other purposes without your further consent being necessary.
17. Non-transferable: A right to be a member of HV (if granted) is non-transferable to other people. Any attempt to transfer to another person without the knowledge of HV may result in the cancellation of any rights granted by the Hockey Organisation without refund and you may not be permitted to participate in further Hockey Activities or programs. You also accept that fees paid for membership of HV are non-refundable.
18. Entire agreement: This membership application and declaration (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Hockey Activities and supersedes all other agreements, understandings and representations and negotiations with any Hockey Organisation in relation to the Hockey Activities. To the extent that any clause of this application and declaration is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
19. Governing Law: The governing law of this application and declaration is the law of the State of Victoria. You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of Victoria and waive any right to object to the exercise of such jurisdiction.
20. Warranty: You warrant that all information provided is true and correct. You acknowledge this application and declaration cannot be amended. If you amend this application it may be null and void and may not be accepted by the Hockey Organisation.
21. Statement of Understanding: You have read, or have had read to you the above terms and conditions and having understood the same, you consent to the activities proposed.
22. Financial Declaration: In applying for membership of HV, you acknowledge and declare that you have paid all relevant fees to HV and your Affiliate. HV reserves the right to decline any membership application from an individual who has not paid any outstanding fees to HV or an Affiliate.
In order to proceed, you must have read and agreed to the terms and conditions of membership contained in this application and declaration. By accepting these terms and conditions, you declare that you have read, understood, acknowledge and agree to the terms and conditions of membership including the exclusion of implied terms, warning, assumption of risk, release and indemnity. By accepting this application and declaration, you agree that if your application for membership is accepted, you will be bound by these terms and conditions.
***Where the applicant is under 18 years of age this application and declaration must also be accepted by the applicant’s parent or legal guardian:
As parent or guardian of the applicant for membership, you authorise and consent to him/her participating in the Hockey Activities and being granted membership of HV. In consideration of this application being accepted, you expressly agree to be responsible for the applicant's behaviour and agree to accept in your capacity as parent or guardian, the terms set out in the membership application and declaration, including the provision by you of a release and indemnity in the terms set out above. Further, you have read, understood, acknowledge and agree to, and have fully explained to the applicant, the terms and effect of this application and declaration, including the warning, exclusion of implied terms, release and indemnity. You acknowledge that the applicant has read the application and declaration and together with your explanation the applicant has, to the best of your belief, understood the terms and effect of the application and declaration, including the warning, exclusion of implied terms, release and indemnity.