Area 5 | Terms and Conditions

AREA 5 FOOTBALL PTY LTD

TERMS AND CONDITIONS

 

You acknowledge and agree that Your use of Area 5’s Venues, Rental Items and participation in

Area 5’s Competitions and or Programs are subject to these terms and conditions below.

 

1. Definitions and Interpretation

1.1 Definitions

Area 5 means Area 5 Football Pty Ltd ACN 153 048 474 of 144 Gregory Street, Wembley,

Perth, Western Australia.

Bond means an amount of $200.00 payable by You prior to the services being delivered

to You by Area 5, and refundable to you, subject to these Terms.

Cancellation Fee means an amount of $80.00 payable by You, unless 24 hours’ notice

has been provided by You to Area 5 and Area 5 has provided you with written confirmation

of the cancellation.

Competition means as specified in your Registration Form.

Personal Injury means death, bodily injury, illness or disease of or to any person.

Registration Fees means the one off seasonal fee of $50.00 payable by You, required to

be paid by You in full and no later than the nominated due date before the commencement

of the scheduled fixture, the amount and nominated date, which is stated on the

Registration Form.

Registration Form refers to the booking form provided to you by Area 5 and required to

be completed by You prior to any services by Area 5 being provided to You.

Rental Items means any items Area 5 rents to You, including but not limited to bibs, soccer

balls, lights etc. as specified in the Registration Form.

Terms means these terms and conditions, as amended from time to time, as specified

below.

Venue means the nominated venue recorded on the Registration Form, and includes any

fixtures or fittings, including without limitation furniture and equipment, installed by Area 5.

You and Your means:

(a) the person nominated as the authorised party to enter in this agreement with Area

5, being the team captain on the Registration Form, and who is responsible for the

team registered with Area 5; and

(b) any guest or invitee of the person who is nominated as the authorised party to enter

in this agreement with Area 5, whether or not such invitee has personally agreed to

or signed this agreement with Area 5.

1.2 Interpretation

(a) In these Terms words in the singular includes the plural and vice versa, and

reference to any gender includes the other gender or genders, and where applicable

reference to a person includes a body corporate.

(b) Any agreement or covenants by two or more persons bind such persons jointly and

severally.

(c) Any agreement or covenant by a person deemed to be an agreement or covenant

by such person his or her executor’s administrator’s assign and successors in title.

Area 5 | Terms and Conditions

(d) These Terms shall be binding upon each party that has executed it notwithstanding

the failure of any other party to execute these Terms.

2. Area 5’s Services

Subject to these Terms and your compliance with these Terms, Area 5 will provide You

with the following:

(a) entry and access to and use of the Venue;

(b) participation in the Competitions, including Area 5’s employed referees/umpire for

each game; and/or

(c) access and rental of the Rental Items.

3. Registration Form

(a) You acknowledge and agree that the registration of players is mandatory and a fully

completed Registration Form must be provided to Area 5 prior to You and Your team

being considered eligible to participate in any Competition. By Your act of

registration, You, and Your team (including Your guest or invitee), agree to abide by

these Terms and including Area 5’s conditions of entry to the Venue.

(b) You agree that You must ensure that Your guest or invitee are, prior to their

participation in any Program provided by Area 5, made aware of and agree to comply

with these Terms and Conditions, as if they were party to these Terms and

Conditions.

4. Programs

Area 5 will also provide You with access to the following programs:

(a) Competitions – football competitions which run over a period of 16 weeks.

(b) Funball – an introduction to ball sports for children aged between 2-6 years.

(c) Academy and Skills School – the upskilling of all level of football players or people

interested in football as an activity.

(d) Holiday Camps – a vocational activity during the school holiday periods.

5. Rental Items

You acknowledge that to the extent permitted by law Area 5 disclaims all liability for and

does not give any warranties to You as to the condition of the Rental Items. You also

acknowledge that title to the Rental Items remains with Area 5, and that if hired by You,

You have the right to use the Rental Items as a mere bailee only.

6. Registration Fees, Bond and Cancellation

6.1 Registration Fees

You agree that:

(a) You are required to pay to Area 5 a Registration Fee, before being considered

eligible to compete.

(b) The Registration Fee is payable in non-refundable, and payable in full on the date

nominated by Area 5.

Area 5 | Terms and Conditions

6.2 Bond

(a) In addition to the Registration Fees, You agree to make payment of the Bond to Area

5’s club administrator.

(b) Provided You comply with these Terms, the Bond will be refunded to You at the

completion of Your scheduled Competition, or on the completion of the Program, or

applied as a deduction for the cost of your remaining games.

(c) You acknowledge and agree that Area 5 is authorised to retain the whole or part of

the Bond for any amount that You owe Area 5 under these Terms, but unpaid by

You. You further acknowledge and agree that Area 5 may still claim against you for

any shortfall that remains outstanding.

6.3 Cancellation

(a) Subject to sub-clause 6.3(c) below, You may cancel provided You give Area 5 twenty

four (24) hours notice (Notice) of your scheduled fixture, or commencement date of

your Program.

(b) Area 5 may deduct a Cancellation Fee from the Bond, if you cancel without providing

Notice.

(c) You agree that inclement weather does not warrant a valid cancellation, unless Area

5 determine that such inclement weather will render Your ability to play or participate

unsafe. In inclement weather Area 5 will provide You with notice of a cancellation as

soon as practicable. If no notice is received by You, then it should be assumed that

the game or Program will continue as planned.

6.4 Other fees

Subject to Area 5’s discretion, You agree to pay for the replacement or repair costs of any

Rental Items returned unclean or damaged by You, and or failed to be returned by You. If

Area 5 hold a Bond, You agree that such costs for replacement or repair will be deducted

from Bond.

7. Your obligations

You must:

(a) not use the Venue for any purpose except for the purposes prescribed by Area 5;

(b) not cause any nuisance or damage to the Venue, or any fixtures, fittings or

equipment (including but not limited to the Rental Items) located in it or hired by You;

(c) leave the Venue in a clean and undamaged state, You agree to pay to Area 5 any

expense it incurs if You leave the Venue, or any fixture, fitting or equipment in it

(including but not limited to the Rental Items), in an unclean or damaged condition,

or fail to return any Rental Items (based on their replacement cost);

(d) not assign, novate or sub-licence your rights or obligations under these Terms;

(e) observe all signs located in or around the Venue;

(f) comply with Area 5’s requirements concerning access, insurance, parking and safety

(including emergencies);

(g) observe any direction Area 5 give, or any authorised officer of Area 5 gives, You and

Your team;

(h) maintain and cause to be maintained adequate public liability and any third party

liability insurance and where required, provide evidence of that insurance to Area 5;

Area 5 | Terms and Conditions

(i) comply with any conditions of entry set by Area 5, and ensure that all persons using

the Venue are aware of and comply with such conditions of entry;

(j) observe and comply with any rules of conduct set by Area 5, and ensure that all team

members of Yours participating in any Competition or Program are aware of and

comply with such rules;

(k) ensure, and take reasonable steps to ensure, that your employees, agents and

invitees are aware of and observe these obligations.

8. Insurance

Area 5 conducts business with policies of public liability insurance and workers

compensation insurance in place. You acknowledge and agree that Area 5 DOES NOT

cover You for any Personal Injury caused or contributed to You, or by You to any other

participant, whilst participating in any Competition, Program or any activities of Area 5. All

persons entering the Venue accepts responsibility for any Personal Injury arising out of or

in connection with their participation in any activities of Area 5 at the Venue.

9. Indemnity

You indemnify us against any claim, expense, loss or damage Area 5 (including its

employees and agents) suffers if You, or any employee, agent, guest or invitee of Yours,

directly or indirectly, and wilfully or negligently:

(a) damages or destroys any property of Area 5;

(b) causes Personal Injury to any person within the Venue; or

(c) does not observe an obligation of Yours under clause 7.

This indemnity is a continuing and independent obligation, survives termination or expiry of

these Terms, and includes any expense we incur on a full indemnity basis.

10. Area5’s Liability

The services provided by Area 5 will be rendered with due care and skill to the extent

required by Competition and Consumer Act 2010 (Cth) and applicable similar state

legislation. Other than statutory liability, Area 5 (and its officers, employees, volunteers,

contractors and agents) will not be liable or responsible, and to the fullest extent permitted

by law You waive all legal rights of action against Area 5, for any injury, damage, economic

loss or consequential loss suffered or incurred by You or any employee, agent, guest or

invitee of Yours, whether caused by any default, failure or negligence, whether arising in

tort, contract, bailment or otherwise - all such injury, loss or damage to person or property

is at Your own risk. In any event, the maximum liability of Area 5 shall be limited to a refund

of the Registration Fee.

11. Termination

(a) If, for any reason, You default in payment to Area 5 of any sum payable by you, or

fail to observe and perform the terms and conditions set by these Terms, or cause

or permit to be done any act or thing whereby Area 5’s rights may be prejudiced or

put into jeopardy, Area 5 may immediately terminate these Terms.

Area 5 | Terms and Conditions

(b) Upon termination, You will on demand immediately deliver any equipment in your

possession (including, but not limited to the Rental Items) in good order and repair

at Your own expense.

12. Complaints and Concerns

If You have a serious complaint or concern regarding another player, teams or officials

conduct, a written complaint should be provided to Area 5 describing the incident that

occurred in a factual manner, for Area 5’s review and consideration, and where necessary

investigation.

13. Disputes

If a dispute arises relating to these Terms (except in regard to payments due by You to

Area 5), the parties agree to negotiate to settle the dispute with the assistance of an

arbitrator appointed by the President of the Law Society of Western Australia, before

litigation. The cost of the arbitrator will be borne equally by the parties to these Terms, or

as the arbitrator might otherwise determine.

14. Privacy

Area 5 will comply with the Australian Privacy Principals in dealing with You. A copy of Area

5’s Privacy Statement is available upon request.

15. General

(a) Failure of Area 5 to enforce any of its rights under these Terms and Conditions at

any time for any period will not be construed a waiver of those rights.

(b) Where a provision of these Terms and Conditions is deemed to be invalid or

unenforceable, the provision will be deleted from these Terms and Conditions, but

such deletion will not affect the validity and enforceability of the remaining provisions

in these Terms and Conditions.

(c) Except as expressly provided for in these Terms and Conditions, under no

circumstance will Area 5 be liable to You if Area 5 is unable to perform its obligations

to You due to any event or act beyond the control of Area 5.

16. Governing Law

These Terms are governed and construed in accordance with the laws of the State of

Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of

Western Australia.

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