Waiver of Liability

Training with Pitch X Football Pty Ltd

Welcome to Pitch X Football, where football is for everyone. 

We are a licensed and experience football coaching clinic specifically designed to support all players between 4-15 years old, all skill levels and including neurodivergent players. We operate out of Kincumber High School and are hold active public liability insurance. 

NOTICE TO CUSTOMER: PAYMENT OF THE PROVIDED INVOICE IS AGREED AS ACCEPTANCE OF THE FOLLOWING TERMS IN FULL FOR THE DEFINED PERIOD ON THE INVOICE.

BY PAYMENT OF THE INVOICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS CONDITIONS.

For the purpose of these terms the following definitions apply.

The Service Provider means Pitch X Football Pty Ltd, ABN 60 684 257 725, Kincumber NSW 2251. The Service Provider is a ‘supplier’ for the purpose of the Competition and Consumer Act 2010 (Cth).

You mean the person making payment of the invoice provided, including any person for whom or on whose behalf, their heirs, executors and assigns. You are a consumer for the purpose of the Competition and Consumer Act 2010 (Cth).

Recreational Activities means activities supplied by the Service Provider including, age and skill specific football (sports) coaching.

RISK WARNING

You acknowledge, understand, and agree that:

The Recreational Activities supplied by the Service Provider are engaged in for the purpose of enjoyment, relaxation, or leisure and constitutes a ‘recreational activity’ for the purposes of the relevant legislation, including for the purpose of Section 5K of the Civil Liability Act 2002 (NSW).

Participation in the services provided by Pitch X Football Pty Ltd involves risks, including the risk of personal injury and death. Particular risks include:

1. • accidental impact from other players, tripping, falling, twisting, kicking, etc; causing
   • twists, sprains, broken bones, bruising, and/or physical injury;
   • concussion;
   • friction burns;
   • serious physical injury;
   • head and brain injury;
   • neck injury;
   • spinal Injury; and
   • paralysis;

collectively referred to as ‘the risks’.

In addition to the risks above, there are further risks which may arise due to any health condition you may have.

You are aware of and understand all the risks involved in the Recreational Activities both generally, and as particularly referred to above, including those risks specifically arising from any health condition you may have. The responsibility of calling an ambulance lies with the customer.

Participation in the Recreational Activities involve the risks, despite the Service Provider taking all reasonable care, and as such the risks constitute ‘inherent risk’ for the purposes of the relevant legislation, including for the purpose of Section 5I of the Civil Liability Act 2002 (NSW).

Having fully acknowledged and understood the risks, you freely and voluntarily participate in the Recreational Activities at your own risk.

Participants must be in good health and free from any adverse medical conditions. For safety reasons, customers with pre-existing health issues or wearing casts are not permitted to participate.

You (in this clause meaning the person agreeing through payment of the invoice) are:

1. • 18 years old or over; or
   • a parent or guardian of a child under the age of 18 participating in the Recreational Activities; or
   • a person accompanying, and in control of, a person who is participating in the Recreational Activities and who, due to a physical or mental disability lacks the capacity to understand this risk warning.
   • We require that the client’s nominated disability carer always remains with them during their visit to provide appropriate personal supervision, support, and assistance. Pitch X Football Pty Ltd staff will provide safety instructions and supervision consistent with our duty of care, but the carer is responsible for direct personal care and assistance. 

The information you have provided to the Service Provider is true and correct and you acknowledge that the Service Provider is entitled to rely on the information provided by, or representations made by you, in respect of any discharge of liability.

RISK WAIVER

Under the Australian Consumer Law several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Service Provider is required to ensure that the recreational services it supplies to you (the Recreational Activities) —

1. • are rendered with due care and skill;
   • 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 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the Civil Liability Act 2002 (NSW), the Service Provider is entitled to ask you to agree that the statutory guarantees referred to in paragraph 10 do not apply to you.

If you pay the provided invoice for services offered, you will be agreeing that your rights to sue the Service Provider under the Competition and Consumer Act 2010 (Cth), 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 these terms.

If you pay the provided invoice for services offered, under section 5N of the Civil Liability Act 2002 (NSW) you will be agreeing that your rights to sue the Service Provider, because the services provided were not in accordance with any express or implied warranty that the services provided will be rendered with reasonable care and skill, are excluded, restricted or modified in the way set out in these terms.

NOTE: The change to your rights, as set out in these terms, 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.

By agreeing to these terms you acknowledge, understand, and agree:

To waive and/or release the Service Provider, to the full extent permitted by law, from all liability in respect of any claim for personal injury or death, for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

That the liability of the Service Provider for any:

1. • death;
   • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); and
   • the contraction, aggravation or acceleration of a disease or condition;

that may be suffered by you as a result of the supply of recreational services (as defined by the Competition and Consumer Act 2010 (Cth)) and Recreational Activities is excluded, to the full extent permitted by law.

To waive and/or release the Service Provider from any claim, right or cause of action which you might otherwise have against the Service Provider, for or arising out of your death or physical or mental injury, disease, which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, or otherwise.

The Service Provider:

1. • will permit you to participate in the Recreational Activities, and provide you with the associated services, subject to your payment of the supplied invoice; and
   • may rely on these terms in any proceedings commenced in NSW Court by you; and you understand that the laws of the Commonwealth and the State of New South Wales govern this document.

You are agreeing to these terms freely and voluntarily with the knowledge that you do not have to agree to the terms of the However, if you do not sign this document, the Service Provider may refuse to allow you to participate in the Recreational Activities.

You are bound by the terms of this agreement and understand that the terms and waivers apply to you for every visit you make to the Service Provider until such time:

1. • you withdraw your consent in writing; or
   • you modify this agreement by signing a new document.

CONDITIONS OF TRAINING SAFETY

All players must wear shin pads and appropriate footwear for the training being provided, that is:

1. • Futsal/indoor soccer boots when training on hard/firm surfaces.
   • Football boots or turf boots when training on grass surfaces.

You agree to adhere to all safety instructions and acknowledge that failure to do so may result in personal injury, death, and the risks referred above.

You agree that you are not intoxicated or have alcohol in your system, and that you are not under the influence of drugs or other substances and acknowledge that your failure to adhere to this paragraph may result in an unsafe environment and may result in your personal injury, death, and/or the risks referred to above.

You must abide by the instructions of the Service Provider’s staff at all times.

FORMAL AGREEMENT AND DECLARATION

You acknowledge, agree, and understand that the information you have provided is true and correct and to the extent that it is not, the Service Provider is released of any liability in respect of any claim, right or cause of action arising out of personal injury or death, which you or your heirs, successors, executors administrators, agents and assigns might otherwise have against the Service Provider.

Terms of Use (website)

Welcome to the Website. By using the Website, you agree that your use of the Pitch X Football Pty Ltd website is subject to these Terms of Use. Please read them carefully. Pitch X Football Pty Ltd may from time to time amend these Terms of Use without prior notice.

Pitch X Football Pty Ltd reserves the right to, at any time:

• amend, update, change or remove any part of this Website;
• suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or
• stop or suspend the operation of this Website.

General Disclaimer

You acknowledge and agree that:

• this Website and its contents are provided to you on an “as is” basis;
  • information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
  • any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

Except to the extent required by law:

• Pitch X Football Pty Ltd makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and
• Pitch X Football Pty Ltd is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. 

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

This Website and its contents are subject to copyright. The copyright is owned by Pitch X Football Pty Ltd, or in the case of some material, third parties.

You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.

Trademarks

Nothing contained in this Website shall be construed as granting any license or right to use any trademark displayed on this Website.

Mode of Access

To use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Pitch X Football Pty Ltd has no obligation to make this Website available on any device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.

Third Party Websites

This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Pitch X Football Pty Ltd is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Pitch X Football Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered because of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Pitch X Football Pty Ltd uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Pitch X Football Pty Ltd will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.

Notice and Takedown Procedure

If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please email us at contact@pitchxfootball.com.au and please specify the following information:

• your name;
• your address;
• your phone number;
• your email address;
• information to allow us to find the relevant content on this Website;
• a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
• where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of New South Wales, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Pitch X Football Pty Ltd makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Pitch X Football Pty Ltd

In these Terms of Use a reference to Pitch X Football Pty Ltd is a reference to Pitch X Football Pty Ltd (ACN 684 257 725) and its related bodies corporate from time to time. 

Privacy Policy

Pitch X Football Pty Ltd recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. Pitch X Football Pty Ltd, like other companies operating in Australia, is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.

This policy contains information about:

• the purposes for which Pitch X Football Pty Ltd collects, holds, uses and discloses personal information;
• the types of personal information that Pitch X Football Pty Ltd collects;
• how Pitch X Football Pty Ltd collects and holds personal information;
• how you may access the personal information that Pitch X Football Pty Ltd holds about you, and how you may seek correction of that personal information; and
• how you may complain about a breach of the Australian Privacy Principles by Pitch X Football Pty Ltd and how Pitch X Football Pty Ltd will deal with such a complaint.

Why does Pitch X Football Pty Ltd collect, hold, use and disclose personal information?

Pitch X Football Pty Ltd collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

• providing you with products and/or services you have ordered/purchased;
• dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
• marketing our products and services and providing advice on our products;
• making recommendations or suggestions to you in relation to our products and services;
• developing and improving our products and services (for example, through customer reviews and surveys);
• payment processing;
• processing a refund or exchange of a product;
• carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution. Pitch X Football Pty Ltd is required by law to collect personal information in certain circumstances.

We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.

Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with Pitch X Football Pty Ltd’s normal document retention practices for accounting, legal and business purposes.

Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want or deal with a request, enquiry or complaint that you have

What personal information does Pitch X Football Pty Ltd collect?

The kinds of personal information we collect or which we may hold about you may include:

• your name;
• your address;
• your telephone number(s);
• your e-mail address;
• payment information;
• financial information such as your bank account details;
• transaction information;
• information on how you use our products and services;
• your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
• your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services;
• personal preferences or views regarding products and services.

How does Pitch X Football Pty Ltd collect and hold your personal information?

We collect personal information in a number of ways including:

• when you order goods or services from us (online, in person or over the phone);
• when you collect goods that you have ordered from us, including from the Pitch X Football Pty Ltd onsite;
• when you request for a refund;
• when you enter competitions or promotions that we run;
• when you provide us your details for customer care purposes;
• when you browse one of our websites (further information is set out later in this Privacy Policy);
• when you submit an enquiry using one of our websites;
• when you complete surveys or provide online feedback or product reviews; and
• when you publicly comment about us on social media sites (for example so that we can answer questions about our products).

Generally, Pitch X Football Pty Ltd will collect your personal information directly from you. However, Pitch X Football Pty Ltd also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with Pitch X Football Pty Ltd.

Pitch X Football Pty Ltd holds personal information in a number of ways, including:

• as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
• by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.

Sharing your personal information

Pitch X Football Pty Ltd will not share your personal information with anyone other than yourself unless specifically stipulated throughout this policy (extenuating circumstances). However, we will request your permission and/or advise you of the release of information.   

Security of your personal information

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

How to access, correct and update your personal information

Upon your request, Pitch X Football Pty Ltd will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). Pitch X Football Pty Ltd reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identity before providing information to you.

You may also request us to correct the personal information that Pitch X Football Pty Ltd holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, Pitch X Football Pty Ltd will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

To request access to the personal information that Pitch X Football Pty Ltd holds about you, please email us at contact@pitchxfootball.com.au.

How to make a complaint

If you are concerned that the way Pitch X Football Pty Ltd collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send the details of your complaint to contact@pitchxfootball.com.au.

How Pitch X Football Pty Ltd will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

• conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
• notify you of the results of our investigation of your complaint.

If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.

If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).

Exemptions

Pitch X Football Pty Ltd sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.

Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

Pitch X Football Pty Ltd (ACN 684 257 725).

Version 1 – Date of publication 1 April 2025.