This is an important agreement and you should read it carefully before signing it by continuing on the platform. Upon signing this participant agreement, you acknowledge that you have read and understood these terms and conditions.
The following terms and conditions must be read carefully. In consideration of you being allowed to participate in competitions of Flag Football you acknowledge and agree to the following terms and conditions:
1. In these terms and conditions:
a. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Flag Football Activities, but does not include:
b. "Competition" means the Flag Football competition, which you have entered in (as part of a team) or play in.
c. " Flag Football Activities" means performing or participating in any capacity in any authorised or recognised Flag Football activity, including any Competition.
d. "Let's Play" means Let's Play App Pty Ltd ABN 90 667 187 920.
e. "Let's Play Licensee" or "Licensee" means any state or local club or other organisation which is licensed by Let's Play to conduct Flag Football Activities and is most likely the local American Football/Gridiron or sporting club you are affiliated with.
f. "Let's Play Organisation" means and includes Let's Play and its affiliated entities, and where the context so permits, their respective directors, officers, members, servants or agents, and any Let's Play Licensees.
You will pay on demand the prescribed or stated fees for the Flag Football Activities and/or any relevant Let's Play Organisation, including in particular the fees of any Flag Football Licensee. Such fees may be notified to you online, verbally or by letter or memorandum or by notice displayed in the relevant Let's Play Licensees premises.
2. Your participation in the recreational activities supplied by the Let's Play Organisations is inherently dangerous and may involve risks which can result in personal injury, death or property damage. There are risks specifically associated with participation in such recreational activities and accidents can and often do happen which may result in personal injury, or property damage or even death. 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.
3. By continuing, you acknowledge, agree, and understand that participation in the recreational services provided by Let's Play 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, including the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act 2002 (TAS) and other similar legislation in other states of Australia.
4. It is possible for a supplier of recreational services or recreational activities to 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).
5. If you continue, 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 in Schedule 1 to these terms and conditions.
You acknowledge that you have read and understood and agree to abide by the Australian National Anti-Doping Policy, effective from 1 January 2021, and found on the Sport Integrity Australia website: https://www.sportintegrity.gov.au/what-we-do/anti-doping/world-anti-doping-code/australian-national-anti-doping-policy being the anti-doping policy adopted by Let's Play and which applies to you and all Let's Play Organisations, board members, directors, officers and specified employees.
You shall submit to any disciplinary measures taken against you and shall take any appeals and litigation before the authorities provided for in the policy or otherwise as reasonably advised by Let's Play.
By continuing, you must disclose, by contacting either Let's Play or your local Let's Play Flag Football Licensee any pending or finalised charges or convictions whether they are disciplinary, criminal or otherwise which may be relevant to your participation in Flag Football. The duty of disclosure outlined above is ongoing for the duration of your participation in Flag Football. This means that should you, at any point during your participation in Flag Football have any pending charges or complaints, whether they are disciplinary, criminal or otherwise that may be relevant to your participation in Flag Football, then you must disclose them immediately to Let's Play.
7. Entries to the Competition are non-transferable to other events or to other people. Any attempt to transfer your entry to another person without the knowledge of the relevant Let's Play Organisation may result in the cancellation of your entry without refund and you may not be permitted to participate in further Flag Football Activities. You also accept that your entry fees are non-refundable.
8. You warrant that prior to undertaking any Flag Football Activities you:
9. 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.
10. You acknowledge that Let's Play rely on information provided by you and that all such information is accurate and complete.
11. You agree to report any accidents, injuries, loss or damage you suffer during any Flag Football Activities to the relevant Let's Play Organisation before you leave any relevant venue.
12. You warrant that you have not at any time been excluded from Flag Football Activities or any similar types of activities by a medical practitioner or any person or entity including but not limited to Let's Play and or any of its Licensees. You acknowledge and agree that Let's Play and/or any of its Licensees may demand a medical certificate/clearance or opinion as to your fitness from a qualified medical practitioner PRIOR to you undertaking any Flag Football Activities.
13. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in undertaking any Flag Football Activity, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
14. You agree to follow any rules set by Let's Play in connection with any Flag Football Activities. If you fail to comply with Let's Play's rules and/or directions, or the rules and directions of any Let's Play Licensee or other relevant body, you will not be permitted to participate or to continue to participate in Flag Football Activities and no refund will be given.
15. You acknowledge and agree that:
16. In consideration of Let's Play accepting your participation you, to the extent permitted by law:
17. If you suffer any injury or illness, you agree that Let's Play and or its Licensees 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. If you do not wish to provide your consent to medical treatment, please contact Let's Play.
18. You understand that Let's Play 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 Flag Football Activities. However, you acknowledge and accept that insurance taken out by Let's Play may not provide full indemnity for loss, damage or injury that you may suffer during your participation in Flag Football 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 Let's Play's insurance arrangements and your own circumstances.
19. You acknowledge and consent to Let's Play live streaming matches, and using your head shot should you choose to provide it, along with photographs and electronic images being taken of you during your participation in Flag Football Activities. You acknowledge and agree that such video content, photographs and electronic images are owned by Let's Play or other parties and may be used by Let's Play or others authorised by Let's Play for promotional and or other purposes without your further consent being necessary.
20. You understand that the personal information you have provided during registration and participation is necessary for the conduct and management of Flag Football Activities and for the administration of Flag Football generally, and that it is collected, used and disclosed in accordance with Let's Play's Privacy Policy (available from www.letsplayapp.com.au). You acknowledge that Let's Play may use and disclose your personal information for the purposes of providing Flag Football Activities, or otherwise conducting and administrating Flag Football and other related activities, providing you with promotional material, complying with legal obligations or otherwise in accordance with the Let's Play Privacy Policy. You agree that Let's Play may share your information with third parties such as:
Provided however that your information is not generally disclosed to anyone outside Australia. You understand that Let's Play's Privacy Policy contains information about how you may access and request correction of your personal information held by Let's Play or make a complaint about the handling of your personal information and provides information about how a complaint will be dealt with by Let's Play. You acknowledge that participation may be suspended or terminated if the information required by Let's Play is not provided. If you do not wish to receive promotional material from Let's Play's sponsors and third parties, you must advise Let's Play via email or telephone or via the specific opt-out procedures provided in the relevant communication.
21. Let's Play may collect information about race or ethnic origin and use or disclose such information to third parties identified in paragraph 20 for statistical purposes about the demographics of participants playing Flag Football. You are not required to provide this information and if you do not do so, your participation will not be affected.
22. Let's Play and or its Licensees 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 Let's Play and or its Licensees you:
23. The governing law of this agreement is the law of New South Wales ("Jurisdiction"). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
24. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect of Flag Football Activities and supersedes all other understandings, representations and negotiations in relation to Flag Football Activities.
25. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
26. You have read, or have had read to you, the above conditions and having understood the same, you consent to the activities proposed.
If the Competition and Consumer Act 2010 or similar State law operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the provider for breach of warranties is limited to the payment of the cost of having Flag Football Activities supplied again.
[use as previously advised]
For recreational services to which the Australian Consumer Law (Commonwealth) applies:
By continuing, you agree that the liability of Let's Play and or its Licensees 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:
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 or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia), applies:
By continuing, you agree that the liability of Let's Play and or its Licensees in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) or Civil Liability Act 2002 (WA), as applicable) for any:
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:
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, Let's Play and its Licensees are required to ensure that the recreational services supplied to you:
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 continue, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 form.
The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the suppliers 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).
By continuing, you agree that the liability of Let's Play and or its Licensees for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) 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.
For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania) applies:
By continuing, you acknowledge and agree, that where you are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.
You acknowledge that these implied terms and rights and any liability of Let's Play and or its Licensees flowing from them, are expressly excluded to the extent possible by law, by this participation form and declaration. To the extent of any liability arising, the liability of Let's Play and or its Licensees will, at the discretion Let's Play, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.
For recreational services to which the Australian Consumer Law (South Australia) applies:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services including recreational services), there is:
Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you continue, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
You do not have to agree to exclude, restrict or modify your rights by agreeing to this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to this form. Even if you agree to this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
Agreement to exclude, restrict or modify your rights: I agree that the liability of Let's Play and its Licensees for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
a. Recreational services are services that consist of participation in a sporting activity or similar leisure time pursuit; or any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
b. Personal injury is bodily injury and includes mental and nervous shock and death.
Further information: Further information about your rights can be found at www.ocba.sa.gov.au
For recreational services to which the Australian Consumer Law (Northern Territory) applies:
By continuing, or otherwise agreeing to this form, you agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to you, and Let's Play and its Licensees incur no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By continuing or otherwise agreeing to this document you acknowledge that you have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.