Terms and Conditions

This document outlines the Terms of Engagement between:

Nathanne Pty Ltd ACN 169 534 767 ATF Nathanne Family Trust trading as 1st Class Cricket Academy (we, us, our)

and

The Participant (you, your)

 

Definitions

Unless the context determines otherwise, in this Agreement:

  1. Agreement means this Terms of Service Engagement document;

  2. Agreement Date means the date we accept your engagement of us for the Services or if no date is nominated, the date we commence providing the Services;

  3. Coaching Session means a Private Coaching session with the Participant;

  4. Fee means the total fee payable for your Subscription;

  5. Online Programs means the online programs provided by us to Participants in accordance with the Service Offering;

  6. Participant means a participant who receives the benefit of the Services pursuant to this Agreement (and for the purposes of this Agreement you includes the Participant to the extent applicable);

  7. Private Coaching means the provision of private coaching by us to Participants in accordance with the Service Offering;

  8. Services means the following services to be provided to you based on your Service Offering:
    • Private Coaching;
    • Online Programs; and
    • such other services we agree to provide to you from time to time;

  9. Service Offering means the category of Services chosen by You;

  10. Subscription means a subscription by you for the Services offered by us from time to time and chosen by you; and

  11. we, us or our means Nathanne Pty Ltd ACN 169 534 767 ATF Nathanne Family Trust trading as 1st Class Cricket Academy.

 

Terms of service engagement

    1. This Agreement is constituted by these terms and any amendments thereto and any other later documents that we advise to you becomes part of or varies this Agreement. These terms confirm our understanding of the nature and the limitations of the Services we will provide.

    2. This Agreement will commence on the Agreement Date and automatically terminate on expiration of the Subscription or otherwise in accordance with the terms of this Agreement.

 

Purpose of the service engagement

  1. We agree to conduct the Services in accordance with the Service Offering for you and/or the Participant.

 

Scope of services

 General & Online Programs

  1. We will provide the Services to you according to your Service Offering.

  2. Our Services and the Subscriptions are designed for all ability levels.

  3. For our Services to be effective, it is essential that you carefully consider and select the appropriate Service Offering. We reserve the right to review, vary and/or amended the Services provided at any time during the term of this Agreement;

  4. Any non-compliance with, and/or deviation from, your Subscription, Online program and/or Coaching Session frequency and/or duration of the Coaching Sessions may hinder our ability to help you achieve your desired results;

  5. You and the Participant will abide by our rules, policies and procedures for the provision of the Services as may be reasonably required from time to time.

  6. We may terminate this Agreement should you:
    • fail to comply with the terms of this Agreement;
    • fail to comply with our reasonable directions; or
    • put your or any other person’s health or wellbeing at risk.

 

 Coaching Sessions

  1. Prior to engaging in any Coaching Sessions, you must return to us the fully completed and executed:
    • Consent and Waiver of Liability Form;
    • Medical Consent Form; and
    • such other form, document or report required by us.

  2. We reserve the right to cancel any Coaching Session if the requirements set out in clause 7 are not complied with.

  3. You must notify us if the Participant is suffering from any injury or illness which renders the Participant unfit to participate in any Coaching Session as soon as practicable.

  4. We aim to be as flexible as possible in the provision of Coaching Session to you. Coaching Sessions provided by us may be conducted at any time mutually agreed upon between you and us.

  5. You will receive a booking confirmation of your Coaching Sessions approximately forty-eight (48) hours before the time of your Coaching Session. We may also contact you direct via text, phone call or email prior to any Coaching Session.

  6. Your Coaching Session is not confirmed if you do not receive a booking confirmation from us. Please call us to check the status of any non-confirmed booking of a Coaching Session prior to such session.

  7. You must advise us of any change in contact details (address, email and/or telephone) as soon as possible. We will not be responsible in any respect in the event you have not advised us of any change.

  8. You will be responsible for providing all necessary equipment (including any safety equipment) to participate in the Coaching Session.

 

 Location

  1. Private Coaching will be conducted at such location as agreed between the Participant and us.

  2. If the Participant is under the age of eighteen (18) years of age, You agree that a parent or guardian (over the age of eighteen (18) years) will be at the location with the Participant throughout the entire and all Coaching Sessions.

 

 Cancellation

  1. Unless otherwise agreed by us, a Coaching Session may only be cancelled or rescheduled on forty-eight (48) hours’ notice in writing to us.

  2. Any cancellation of a Coaching Session will not affect the Fee nor any payment due to us.

  3. If a Coaching Session must be cancelled due to inclement weather, a make-up Coaching Session will be offered.

  4. If you must cancel a Coaching Session, it is essential that the Coaching Session is rebooked in the same week or a make-up session is completed as soon as possible. Our Service Offerings are built on the foundation of consistency and each Coaching Session missed will affect the chances of achieving your end goal. The purpose of our direct debit arrangement and upfront payments are to ensure consistency of sessions and ultimately your success.

 

Subscriptions and pricing

 Subscriptions

  1. Each Subscription contains a variety of different features.

  2. We reserve the right to vary the features of any Subscriptions from time to time.

  3. On request, we will provide our recommendation on a Subscription for a Participant based on the information and representations made by you.

  4. You may change your Subscription (and Service Offerings) with our consent at any time provided that you pay the relevant Fee for such Subscription.

 Fee

  1. The Fee:
    • will be for the relevant Service Offering (as chosen by you);
    • is payable in advance as agreed to by us; and
    • will be set by us from time to time.

  2. All amounts and fees stated or referred to in this Agreement:
    • are exclusive of GST;
    • will be in Australian dollars; and
    • are (subject to the terms of this Agreement) non-cancellable and non-refundable.

  3. Unless the Fee is paid in full in advance, the Fee must be paid by way of direct debit through our nominated merchant facility. Merchant fees will apply for bank account direct debits and credit card payments.

  4. The first instalment of the Fee must be paid to us to secure the Services.

  5. Any outstanding instalment of the Fee must be paid prior to the provision of the Services. We reserve the right to cancel any Coaching Session and suspend the Services should there be any outstanding instalment of the Fee.

  6. Any declined payment will incur a dishonor fee from our merchant facility. You will be notified of any declined payments via email and/or text. We will make a second attempt to process payment three (3) days thereafter. Declined payments can also be settled via contacting us over the phone, via email or text and providing us with authorisation to manually charge your account. Further declined payments after three (3) days may lead to the suspension or cancellation of our Services and may also forfeit any Coaching Session.

  7. You agree that in the event of any action being taken by us to recover any overdue amount due and owing under this agreement any costs incurred by us in recovering the debt (including without limitation any legal expenses on a solicitor/client basis, collection agency charges (if permissible by law) or any other reasonable associated costs) are payable by the you to us and shall be recoverable by us as a separate debt. Please note that this may also affect your credit rating.

  8. All payments of the Fee are non-refundable, whether or not:
    • you use the Services attached to the Subscription; or
    • this Agreement is terminated (other than by reason of our default).

 

Breach and termination

  1. You may provide us written notice of termination of this Agreement prior to the expiry of any term of this Agreement. Such notice must include the date that you would like the Services to cease.  Clause 4 will apply.

  2. If a party breaches this Agreement and fails to remedy such breach within ten (10) days after receipt of a written notice of the breach from the other party specifying the breach complained of and the steps to be taken to remedy the beach, the other party may terminate this Agreement by written notice to the party in breach.

  3. We may terminate this agreement automatically, if we cease to operate the business which provides the Services.

  4. On termination of this Agreement (other than by reason of our default), all unpaid instalments of the Fee become payable in full within seven (7) days of the date of termination.

 

Disclaimer and liability

  1. We do not, and cannot, warrant or guarantee the desired result and do not accept responsibility or liability for a Participant’s overall performance following the provision of the Services.

  2. We (and our employees, contractors and/or agents) shall not be held liable for any injury, damage, loss, consequential loss, claim or demand whatsoever which may arise during, in association with, participation in the Services and you and/or the Participant hereby agree to release, indemnify and hold harmless us (and our employees, contractors and/or agents) from and against all liability, claims, actions and demands of whatsoever nature arising out of any accident, injury, loss or illness which may befall the you and/or Participant during or as a result of the your and/or the Participant’s participation in the Services including but not limited to claims in negligence, contract or breach of statute

  3. This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at its option:
    • in the case of goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of having the goods repaired; and
    • in the case of services:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again.

Intellectual property

  1. We own all intellectual property rights pertaining to the Subscription, the Services and any and all documentation, resources, material or content provided by us to you or the Participant as part of the Services.

  2. Nothing in this Agreement constitutes a transfer of any intellectual property rights to you.

Acceptance

  1. You may accept the terms of this Agreement by either:
    • signing and returning a copy of this document; or
    • making a payment in whole or in part of the Fee; or
    • booking or attending a Coaching Session; or
    • contacting us and orally advising of your acceptance.

  2. You acknowledge that you:
    • understand and agree to the nature of our relationship and the Services provided by us as outlined in this Agreement;
    • understand and agree to the Fee and payment terms that will apply to the Services agreed to in this Agreement;
    • consent to receiving email newsletters from us;
    • consent to receiving email or other media from us; and
    • you may withdrawn your consent to the matters set out in clause 2(c) and clause 9.2(d) at any time by notice in writing.

Force Majeure

  •  
  1. We will not be liable for any failure to provide the Services or any delay in performing our obligations under this Agreement if that failure or delay is due to anything beyond our reasonable control including, but not limited to, fire, storm, flood, earthquake, explosion, war, invasion, act of terrorism, rebellion, sabotage, and epidemic. 

General

 Privacy

  1. You acknowledge and agree that you have read and understood the terms of our Privacy Policy as set out on our website.

 Governing law

  1. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

 Severance

  1. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

 Assignment

  1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.

 

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