Future Baller Aust. Pty Ltd ACN 677 085 899

Your child’s completed Registration and these terms and conditions (which may be amended by Future Baller Aust. Pty Ltd. (Future Baller, the Organisation) from time to time, which incorporate standard terms and conditions of Future Baller (Terms and Conditions) are the terms and conditionsupon which you agree to allow your child (Participant) to participate in the Future Baller Football Clinic program (Program).

By registering your child as a Participant in a Future Baller Program, you acknowledge and agree that these Terms and Conditions form a binding agreement between you and the Organisation (each a Party and together the Parties).  These Terms and Conditions affect your legal rights and obligations, and those of the Participant. Please read these carefully and only accept and register the Participant in the Program if you fully understand their contents. For Participants under 18 years of age, acceptance of these Terms and Conditions must be completed by a parent or legal guardian.

The Program details and complete benefits are outlined at the time of registration and are incorporated into these Terms and Conditions.

On the above basis, the Parties agree:

1. Application to Participate

a) You must, for each child you are registering in the Program:

i. complete the Registration form provided online at https://www.futureballer.com.au/shop; 

ii. pay a total Program fee to the organisation (Fee);

iii. agree that your child understands the Player Code of Behaviour (as set out at item 7of these Terms and Conditions); and

iv. agree that you understand and will comply with the Parents, Guardians and Spectators Code of Conduct (as set out at item 6 of these Terms and Conditions). 

(Registration).

b) You warrant that each child that you submit a Registration for:

i. will be between the ages of 10 and 18 (inclusive) for the duration of their participation in the Program and agree that you will, if requested by the organisation, provide evidence of the child’s age; and

ii. does not have a known pre-existing medical or other condition which makes it unsafe for the child to participate in the Program and agree that you will, if requested by the organisation, provide a certificate from a duly qualified medical practitioner certifying that the child is fit to participate in the Program.

c) The organisation reserves the right to:

i. not accept any Registration, for any reason, at its sole discretion;

ii. process any Registration that is incomplete, unclear, or is not accompanied by the Fee; or

iii. accept any changes to the Registration, except for a change of Participant.

2. Program Fees

Fees are payable via the payment gateway at https://www.futureballer.com.au/shop.

3. Participant Benefits

a) Once a Registration is accepted and the associated Fee has been paid to the organisation in accordance with item 2, the registered child will be entitled to receive the relevant Participant Benefits for the Program which the child has registered to participate as set out at https://www.futureballer.com.au/shop.

b) Future Baller makes no guarantee or warranty as to: 

i. the suitability and/or benefit of the Program to the Participant; 

ii. the safety, security, and/or conditions of the Program venue, its amenities, or its immediate surrounding infrastructure; and

iii. the quality and/or fitness for purpose of any item of the Participant Benefits outside of its control.

4. Cancellation, Refunds and Termination

a) Registrations may be cancelled no less than 12 hours prior to the scheduled commencement time on the day of the Program for which the Participant has been registered to attend.  If you wish to cancel a Registration, you must notify the Organisation in writing to hello@futureballer.com.au no less than 12 hours prior to the scheduled commencement time on the day of the Program for which the Participant has been registered to attend.  Following the Organisation’s confirmation to you of the cancellation of your Registration, the child the subject of the Registration will have no entitlement to the Participant Benefits and will be ineligible to participate as a Participant in the Program. For such cancellations, you may be entitled to a refund of the Fee, less an administrative fee.

b) Upon commencement of the Program at the relevant venue, the Program Registration Fee is a non-refundable fee. The Fee represents the costs involved in administering the Program and for costs associated for all participants.  

c) Applications for a refund of the Fee (or any part thereof) following the commencement of the Program at the relevant venue may be considered only under extraordinary circumstances, and must be made in writing, stating the reason for a requested refund, and including any additional documentation to support the claim. Requests can be emailed to hello@futureballer.com.au. All applications will be considered, and the decision made by Future Baller will be final. 

d) Any refund of a Future Baller Registration Fee in the above circumstances will include an administrative fee which will be deducted before the Fee (or any part thereof) is refunded. In the event that a refund is processed, this amount will be refunded to the card on which payment was initially made.  

e) Subject to item 4(c), the Organisation is not liable to you for any loss or damage you suffer as a result of the Program or part of the Program being cancelled, postponed or changed.

f) The Organisation will not replace the whole or any part of the Participant Benefit at item 3 if lost, stolen or damaged.

g) The Organisation may terminate your child’s participation in the Program on reasonable grounds at any time, including if your child’s behaviour interferes with another participant’s safety or enjoyment of the Program.

h) The Organisation may, in its absolute discretion, change a Program or part of a Program, including dates, session times, durations and locations.

5. Safeguarding Children and Young People

The Organisation is committed to promoting and protecting the safety and wellbeing of children and young people in the Organisation’s care who are involved in the Program. The Organisation requires that all parents, guardians and other spectators associated with the Organisation and affiliated activities:

a) understand and comply with the Parents, Guardians and Spectators Code of Conduct as set out at item 6 of these Terms and Conditions;

b) when necessary, politely and respectfully remind others of their obligations under the Parents, Guardians and Spectators Code of Conduct; and

c) in the event of serious or ongoing breaches of the Parents, Guardians and Spectators Code of Conduct by another person, to report the matter to a representative of the Organisation so that appropriate action can be taken.

6. Parents / Carers and Spectators Code of Conduct

By registering a child as a Participant in the Program, you agree that you will adhere to the following (being the Parents, Guardians and Spectators Code of Conduct):

a) Your child and other children and young people’s participation and enjoyment in Future Balleractivities, programs or events are our primary consideration. As parents and carers your role is to support these outcomes by:

i. encouraging your child’s participation in a positive manner; 

ii. be present for the duration of any session or event that child attends. If you are unable to be present then you must ensure that there is another trusted adult (other than Program officials/personnel) that will oversee the child during the duration of the session or event;

iii. not engage in behaviour that discriminates against any other person on the basis of gender, race, ability, colour, religion, language, politics or national or ethnic origin in any way related to the Program; 

iv. not engage in, or threaten to engage in, unreasonable, aggressive, violent, or physical confrontations with any other person in any way related to the Program; 

v. not encourage or incite violence or threatening behaviour, or any other similar breaches of the Program rules;

vi. not engage in behaviour that is not in the spirit of the sport of football; 

vii. express your support of the Program by encouraging the participants and not engaging in behaviour designed to belittle, insult or intimidate participants, supporters or their officials; 

viii. never mock or insult participants in the Program when they make a mistake or do not perform well; 

ix. demonstrate good behaviour by respecting and acknowledging good performances by all participants; 

x. respect and accept the directions and decisions of Future Baller staff, contractors, and officials and not criticise or argue about directions or decisions during or after any event held as part of the Program; 

xi. recognise the value and importance of volunteers;

xii. refrain from smoking or consuming alcohol whilst spectating at any event associated with the Program; and

xiii. follow any directions of Future Baller staff, contractors, and officials, or other authorised Program staff, including any request to modify your behaviour or to leave the event venue following a breach of these Terms and Conditions.

b) Children’s and young people’s participation in and enjoyment of the Program is our primary consideration. As parents, guardians and spectators your role is to support this goal by encouraging your child’s participation in the Program in a positive manner.

c) Serious or ongoing breaches of these Terms and Conditions will not be tolerated. Those who breach these Terms and Conditions risk being asked to leave the event and/or being prohibited from attending future events.

d) If you witness or have a concern regarding child abuse, you must report this to an appropriate person involved in the Program.

e) If you believe the child is in immediate danger, please call the Police (000).

7. Participant Code of Behaviour

By registering a child in the Program, you agree that the child understands and will adhere to the following (being the Participant Code of Behaviour):

a) Participate within the spirit of the sport of football, and by the Program specific rules, which are incorporated into these Terms and Conditions, copies of which can be found on the Future Baller website and as may be communicated during a relevant Program (the Rules).

b) Never argue with Future Baller staff, contractors, and officials, or a volunteer.

c) Never bully or take unfair advantage of another participant in the Program.

d) Show respect to all participants in the Program regardless of their gender, race, ability, colour, religion, language, politics or national or ethnic origin.  

8. Limitation of Liability and Release

a) You understand that there are inherent risks associated with participation in the Program, which may result in personal injury (even of a serious nature) to the Participant, which youfully accept and agree to bear those risks.

b) You agree not to bring any claim, demand, action or proceeding against the Organisation (which shall include its directors, employees, contractors, agents and volunteers) and an affiliated venue (which shall include its directors, employees, contractors, agents and volunteers) for any damage, loss or injury whatsoever that you or a child may suffer from participation in the Program.

c) The Organisation’s liability to you (including that of its directors, employees, contractors, agents and volunteers) is limited (at the Organisation’s election) to the Organisation repaying any amounts paid by you under these Terms and Conditions to the Organisation (or any part thereof), or supplying or resupplying any Program services to which you are entitled in accordance with these Terms and Conditions (such as at a later date that they may be offered).

d) You understand that as a Participant participating in the Program, you may wish to obtain and purchase an appropriate level of a relevant insurance cover for your child (solely at your discretion), which Future Baller does not provide and expressly excludes from the Program, including an express exclusion as any Program benefit.  At no time does Future Baller imply that insurance cover of any kind or level be included in the Program or as any Program Benefit.

e) In furtherance of the above, you accept and agree to be bound by the Risk Warning and Liability Waiver agreement (www.futureballer.com.au).  To the extent there is any inconsistency between these Terms and Conditions and the Risk Warning and Liability Waiver, the Risk Warning and Liability Waiver shall prevail.

9. Privacy Information Statement

a) You understand Future Baller, will use the data you have provided in the Registration(s) for the administration of the Program, in accordance with the objectives of the Organisation. 

b) You acknowledge that the information will be held in confidence by the Organisation as required under the Future Baller Privacy Policy (www.futureballer.com.au) and that you can access any personal information at any time if required. 

c) By acknowledging this Privacy Information Statement, you also acknowledge that if the required minimum information (your name, your email address, your contact phone number, the Participant’s name, the Participant’s date of birth, the Participant’s contact person/next of kin, and other information) is not provided, your child may not be permitted to participate in any aspects of the Program.

10.  Photographs

You consent to the Organisation using your child’s first name and/or image (including photographs) in any form or medium for general marketing and promotional activities related to Future Baller and the Program. If you do not wish to consent to your child’s first name and image being used, please notify the organisation in writing to hello@futureballer.com.au.

11. Rules and Policies

You acknowledge that your child and you are bound by the Rules. To the extent there is any inconsistency between the Program Terms and Conditions and the Rules, the Rules shall prevail.

12. Governing Law

The laws of the State of New South Wales, Australia (NSW) govern these Terms and Conditions and the child’s participation in the Program.  The Parties submit to the jurisdiction of the Courts and Tribunals of NSW and those Federal Courts and Tribunals vested with appropriate jurisdiction.

13. Disputes

Save for a Party seeking any urgent injunctive relief, the Parties agree to resolve any dispute or difference whatsoever arising out of or in connection with the Program via the following process:

a) In relation to any dispute which may arise, the Parties agree to meet in good faith within five (5)business days to resolve the matter(s) in writing. 

b) Should any matter not be resolved via direct negotiations, any matter remaining in dispute or difference shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules, including (but not limited to):

i. The arbitration shall be before a sole arbitrator.

ii. Unless the Parties agree upon an arbitrator, either party may request a binding nomination from the Chair of Resolution Institute.

iii. The seat of the arbitration shall be Sydney, New South Wales, Australia