CONDITIONS OF ENROLMENT

Terms and Conditions of Trade

1.0 Definitions

1.1 “Academy” means My Tennis Coach, its successors and assigns or any person acting on behalf of and with the authority of My Tennis Coach.

1.2 “Parent” shall mean the Parent (or Legal Guardian) of any Student of the Academy, or any person/s acting on behalf of and with the authority of the Parent, requesting the Academy to provide the Services as specified in any invoice, application, enrolment form, etc. If there more than one person requesting enrolment with the Academy, it is a reference to each person jointly and severally.

 

1.3 “Student” shall mean the individual currently enrolled, or applying for enrolment, with the Academy. Where the “Student” is aged over 18 years of age, Parent authority is no required.

 

1.4 “Materials” means any goods (including, but not limited to, racquets and tennis balls) supplied on loan to the Student.

 

1.5 “Fees” means the Fees payable as agreed between the Academy and the Parent or Student in accordance with clause 4 of this agreement.

 

2.0 Acceptance

2.1 The Parent or Student acknowledges that the Academy will not hold any enrolment place indefinitely, and that if an offer of enrolment made to the Parent or Student must be acknowledged within seven (7) days. Failure to comply with this clause may mean the enrolment position may be offered to another party.

3.0 Parent and Student’s Obligations

3.1 The Parent or Student shall notify the Academy immediately should there be any change in circumstances from the details as outlined in the Enrolment Form, including (but not limited to) medical history of the Student, or the living arrangements of the Student and/or Parent. The Parent or Student shall be liable for any loss incurred by the Academy because of the Parent or Student’s failure to comply with this clause.

 

3.2 The Parent or student must inform the Academy of any medical, physiological or learning issues that the Student has that may interfere with their ability to participate fully at the Academy, and to forward to the Academy any reports or information from other professionals that may help the Academy in supporting the Student.

 

3.3 The Parent and Student, agrees:

3.3.1 to abide by the Academy’s policies, guidelines, and rules. These policies, guidelines and rules cover areas such as appropriate behaviour, conduct within and outside the Academy’s premises, and are subject to change without notice. These policies, guidelines and rules have been decided upon by My Tennis Coach in conjunction with Tennis Australia Policies and are detailed on the MyTennisCoach.online website with reference to:

·       My Tennis Coach Player Code of Conduct

·       My Tennis Coach Parent Code of Conduct

·       My Tennis Coach Wet Weather Policy

·       My Tennis Coach Refund Policy

·       My Tennis Coach Privacy Policy

 

3.3.2 to support the Academy’s ethos and agree to work with the Academy to support the Student in working towards the Academy’s aims and aspirations;

 

3.3.3 to first discuss any concerns with the Academy and agree not to undermine the Academy’s reputation and standing with the Student;

 

3.3.4 that the Academy may discipline the Student for any breach of the Academy’s polices, rules or guidelines. The Academy and/or staff may at their discretion enforce the disciplinary process which may include suspension or expulsion. The Student will be afforded procedural fairness in all instances, including the right to be heard. If the Academy feels that the relationship between the Academy and the Parent or Student has deteriorated to a point where the relationship is untenable, the Academy may require the removal of the Student. No refund of Fees will apply.

 

3.3.5 that the Academy has a responsibility to provide a safe environment for the Student. The Parent or Student gives permission to this end that the Academy has the right to act in the best interest of removing the Student from harm and encouraging a safe and supportive environment for all Students.

 

3.3.6 to pay all fees due to the Academy on or before their due date as per the Fees Schedule at the time of enrolment. The Parent or Student acknowledges that the Fees Schedule may be changed at times, and one (1) terms notice will be given in regards to these changes. A current copy of the Fees Schedule can be found on the MyTennisCoach.online website.

 

3.4 The Parent or Student understands that the Academy’s intention is to facilitate in the sporting development and progress of the Student. To this end, the Parent or Student agrees that if the Academy, at their discretion, believes that the Student has failed to progress satisfactorily, that the Parent or Student may be asked to remove the Student from the Academy.

 

3.5 In the event the Parent or Student needs to be contactable during the Academy’s hours, the Parent or Student will notify the Academy to seek permission before contacting the Student.

 

4.0 Fees and Payment

4.1 At the Academy’s sole discretion, the Fees shall be the Academy’s current Fees as at the date of enrolment according to the Academy’s current Fees Schedule, accessible via the Academy’s website (MyTennisCoach.online)

 

4.2 Time for payment of the Fees (being of the essence), will be payable by the Parent/Student on the date/s determined by the Academy, which may be:

·       per term for group lessons, payable quarterly by the end of week one (1) each term, via the Academy’s payment options.

·       weekly instalments for private lessons, squads, hitting sessions & hybrids via the Academy’s payment options.

·       the date specified on any fees payment agreement that being direct debit for term or weekly fees payment option or on invoice for extra lessons outside of Academy terms, or other form as being the date for payment;

·       failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Parent or Student by the Academy.

 

4.3 Payment may be made by direct debit, BPay or Electronic Funds Transfer (EFT) for term or weekly payment plans options via bank account or credit card (visa or mastercard only). Payment on invoice for the annual fees option can be via electronic/online banking, credit card, or by any other method as agreed to between the Parent or Student and the Academy.

 

4.4 Unless otherwise stated the Fees does not include GST. In addition to the Fees the Parent or Student must pay to the Academy an amount equal to any GST the Academy must pay for in relation to the Fees under this or any other agreement. The Parent or Student must pay GST, without deduction or offset of any other amounts, at the same time and on the same basis as the Parent or Student pays the Fees. In addition, the Parent or Student must pay any other taxes and duties that may be applicable in addition to the Fees except where they are expressly included in the Fees.

 

4.5 The Parent or Student shall not be eligible for any refunds, lesson credit or discounts if the Student is sick, is absent for unexplained reasons, is on extended leave, without a minimum of three (3) hours’ notice.

 

4.6 The Parent or Student shall not be eligible for any refunds, lesson credit or discounts if the Student is or has been suspended from the Academy. Shall a Student serve their required suspension under disciplinary requirements (Condition 3.3.4), then the Parent and Student shall revert back to Condition 4.5.

4.7 In the event of the Student’s expulsion, dismissal or voluntary withdrawal, the Academy shall not be obligated to refund Fees paid, and the Parent or Student shall be liable for the payment of any outstanding Fees for the remaining current term.

 

4.8 Continual or habitual lateness in payment of Fees could jeopardise the Student’s place at the Academy.

 

5.0 Attendance and Punctuality

5.1 The Academy shall, at their sole discretion, issue a formal written warning where the Student has acquired numerous unexplained absences in any one term. Any excessive unexplained absences in the same term shall result in the Student’s immediate expulsion from the Academy.

 

6.0 Absences and Illness

6.1 It is the responsibility of the Parent or Student to advise the Academy (in writing or via electronic means) if the Student is to be absent as soon as possible, and the estimated length of absence. Extended leave will require confirmation with the Academy prior to the extended absence.

 

6.2 The Student will not be able to attend the Academy for any period of time during which:

the Student is suffering from a disease or condition which is contagious through normal social contact; or

–        a medical practitioner has recommended the Student not attend; or

–        the Coach of the Academy requests that the sick Student be kept away from the Academy because the Student requires care which the Academy staff resources do not permit.

 

6.3 A lesson credit to the same value as the lesson missed will be awarded when lessons are cancelled due to coach unavailability, wet weather, or where appropriate notice in writing is provided a minimum of three (3) hours before the students lesson time.

 

6.4 Absent from Morning lessons must give written notice (or via electronic means) on the day before the lesson to receive a lesson credit.

 

6.5 Where notice is not provided, or provided later than the specified time the full lesson fee remains payable.

 

6.6 In cases of wet weather and coach unavailability it is at the Academy’s discretion to cancel the lesson, the lesson remains in action until the Academy sends notice to the parent of lesson cancelation via text message and/or email.

 

6.7 It is at the Academy’s discretion to notify Parents and Students of cancellation of lessons. Whilst every endeavour to notify Parents and Students will be made by 6:00 a.m. (Australian Eastern Standard Time AEST) for morning lessons and 2:00 p.m. (Australian Eastern Standard Time (AEST) for afternoon lessons, it is noted the cancellations may fall outside of these times with unforeseen circumstances.

 

7.0 Emergency Contacts

7.1 The Parent or Student must provide the Academy with the names and addresses of two responsible persons over the age of eighteen (18) who can collect the Student in case of an emergency or illness. When contacted by the Academy’s staff, the Parent (or a responsible person authorised by the Parent) must go immediately to the Academy to collect the sick or injured Student.

 

8.0 Accident or Emergency

8.1 All injuries, accidents and near misses must be reported to the Academy, and recorded in the accident and injury logbook. All incidents will be investigated, and action taken to prevent their re-occurrence. A first aid box and manual will be available for use by the Student. Any action by the Student that jeopardises the health, safety or welfare of others may result in disciplinary action, which may result in expulsion.

 

8.2 Whilst every reasonable effort shall be made by the Academy to contact the Parent in the event of an accident or emergency, the Parent or Student hereby gives authority to the Academy or their delegate to, on behalf of the Parent or Student, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by any attending doctor, ambulance officer, police or State Government Officer.

 

8.3 The Parent will be responsible for any costs incurred as a result of transportation or treatment.

 

9.0 Medication

9.1 Where the Student requires the administration of medication, the Parent and or Student will:

– complete the appropriate form at the Academy; and

– provide the correct medication in its original container; and

– provide written instructions from a medical practitioner for the administration of non-prescription medication; and

– provide the Academy’s staff with the name and contact phone number of the Student’s doctor.

 

9.2 The Academy staff are authorised to administer medication only in accordance with the Parents or Students written authority, and in doing so are to be regarded as acting as the Parent’s agent. The Academy are not liable for any allergic reaction or injury caused to the Student by the administration of the medication in accordance with the Parent’s or Student’s written authority. Nor will they be responsible for any error contained in the written permission, or the supply of incorrect medication by the Parent or Student.

 

9.3 Whilst every reasonable effort shall be made by the Academy to contact the Parent in the event of an accident or emergency, the Parent or Student hereby gives authority to the Academy or their delegate to, on behalf of the Parent or Student, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by any attending doctor, ambulance officer, police or State Government Officer.

 

9.4 The Parent will be responsible for any costs incurred as a result of transportation or treatment.

 

10.0 Extra-Curricular Activities

10.1

The Academy may, at their sole discretion, determine nature of activities at the Academy. Activities such as camps, excursions, performances and other activities are optional and the Parent or Student agrees to support the Academy in ensuring the Student participates in these events; this may mean at times that the Student will be required to attend events on weekends or on week nights.

 

 

 

11.0 Personal Property

11.1 The Parent or Student acknowledges that any personal property (including, but not limited to, laptops, mobile phones, electronic devices) brought into the Academy by the Student is done at their sole risk, and the Academy accepts no responsibility for any loss, theft or damage to the personal property.

 

12.0 Materials

12.1 The Materials is and will at all times remain the absolute property of the Academy (and the Parent or Student must return the Materials to the Academy upon request to do so), nonetheless all risk for the Material passes to the Parent or Student on delivery.

 

12.2 The Parent or Student accepts full responsibility for the safekeeping of the Materials and indemnifies the Academy for all loss, theft, or damage to the Materials howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Parent or Student.

 

12.3 The Parent or Student will insure, or self-insure, the Academy’s interest in the Materials against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks. The Parent or Student will not use the Materials nor permit it to be used in such a manner as would permit an insurer to decline any claim.

 

12.4 If the Parent or Student fails to return the Materials to the Academy as is required under this agreement or when requested to do so, then the Academy or the Academy’s agent may (as the invitee of the Parent or Student) enter upon and into any land and premises owned, occupied or used by the Parent or Student, or any premises where the Materials is situated and take possession of the Materials, without being responsible for any damage thereby caused. Any costs incurred by the Academy as a result of the Academy so repossessing the Materials shall be charged to the Parent or Student.

 

12.5 The Parent or Student is not authorised to pledge the Academy’s credit for repairs to the Materials or to create a loan over the Materials in respect of any repairs.

 

13.0 Quality Assurance

13.1 Unless expressly requested otherwise in writing, the Parent or Student permits the Academy to use appropriate images or video footage of the Student on the MyTennisCoach.online website or other publications, in either printed or electronic form for quality assurance, promotional or marketing purposes and for the purpose of Academy observations and local, state, and national newspaper stories. The Academy will not intentionally identify the Student (by the publishing of their full name) in publicly available forums.

 

14.0 Withdrawal or Termination of Enrolment

14.1 Notification of withdrawal of enrolment from the Academy must be made in writing with at least two (2) full weeks prior to next Academy term’s advance notice. If less than two full (2) weeks of notice is given, the Parent or Student will be liable for a minimum of 1 weeks Term’s Fees.

 

14.2 The Academy may cancel these terms and conditions or terminate the Student’s enrolment at any time by giving written notice to the Parent or Student. The Academy shall not be liable for any loss (including, but not limited to, loss of income) arising from such termination.

 

15.0 Notification of Abuse

15.1 Under the Children and Young Persons (Care and Protection) Act 1998, reporting physical or sexual abuse, or suspected physical or sexual abuse, is mandatory for the Academy and its delegates; and as such are obliged to report any suspected incidents to the licensing body. The Academy has not obligation to inform the Parent or Student that a report has been made.

 

16.0 Court Action

16.1 Should the Student be the subject of any court action, particularly custody or access issues, being heard before the Family Law Court, the Academy shall not allow staff to issue statements or provide reports regarding the Student, except where instructed to do so by the Court itself.

 

17.0 Intellectual Property

17.1 Where the Academy has designed, drawn, written, or created educational systems, techniques and curriculum in relation to the Student, then the copyright in those designs, drawings, documents, systems, techniques and curriculum shall remain vested in the Academy, and shall only be used by the Parent or Student at the Academy’s discretion.

 

18.0 Complaints and Grievance Procedure

18.1 The Academy is committed to the early resolution of complaints and grievances. The Parent or Student shall be entitled to report any concern they may have in relation to any matters of safety, care or quality of education, or where the Parent or Student wishes to make a suggestion. These shall be addressed with the Academy, where in most incidences the issue can be rectified. For continued complaints or escalations Parents or Students can follow the complaints and grievance process.

 

19.0 Disciplinary Procedure

19.1The Student is required to display a high level of personal responsibility for their learning process, and for their interaction with other Students and Academy delegates.

 

19.2 Where the Student displays inappropriate or dangerous behaviour (including, but not limited to, disruptive behaviour, refusal to adhere to occupational health and safety procedures, and irregular attendance), the Parent and/or Student shall be required to attend a disciplinary meeting with the Academy to discuss the necessary changes the Student needs to make. The participants of the meeting will negotiate an agreed plan of action and time scale for reviewing the necessary behaviour changes. If the agreed changes are not implemented by the Student, the Academy may (at their sole discretion) suspend and/or expel the Student.

 

20.0 Default and Consequences of Default

20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Academy’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

 

20.2 If the Parent or Student owes the Academy any money the Parent or Student shall indemnify the Academy from and against all costs and disbursements incurred by the Academy in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Academy’s collection agency costs, and bank dishonour fees).

 

20.3 Without prejudice to any other remedies the Academy may have, if at any time the Parent or Student is in breach of any obligation (including those relating to payment) under these terms and conditions the Academy may suspend or terminate the enrolment of Student at the Academy. The Academy will not be liable to the Parent for any loss or damage the Parent or Student suffers because the Academy has exercised its rights under this clause.

 

20.4 Without prejudice to the Academy’s other remedies at law the Academy shall be entitled to cancel all or any part of any order of the Parent or Student which remains unfulfilled and all amounts owing to the Academy shall, whether or not due for payment, become immediately payable if:

any money payable to the Academy becomes overdue, or in the Academy’s opinion the Parent or Student will be unable to make a payment when it falls due;

–        the Parent or Student becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

–        a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Parent or Student or any asset of the Parent or Student.

 

21.0 Privacy Policy

21.1 The Parent or Student has been informed and acknowledges the use of My Tennis Coach Privacy Policy as detailed on the MyTennisCoach.online website, which has been adopted to ensure privacy and security of personal information.

 

22.0 Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

22.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

23.0 General

23.1 The failure by the Academy to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Academy’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which the Academy has its place of business and are subject to the jurisdiction of the Court in that state.

 

23.3The Academy shall be under no liability whatsoever to the Parent or Student for any indirect and/or consequential loss and/or expense (including loss of income) suffered by the Parent or Student arising out of a breach by the Academy of these terms and conditions (alternatively the Academy’s liability shall be limited to damages which under no circumstances shall exceed the annual Fees).

 

23.4 The Parent or Student shall not be entitled to set off against, or deduct from the Fees, any sums owed or claimed to be owed to the Parent or Student by the Academy nor to withhold payment of any invoice because part of that invoice is in dispute.

 

23.5 The Academy may license or sub-contract all or any part of its rights and obligations without the Parent or Student’s consent.

 

23.6 The Academy may change these terms and conditions from time to time. Any changes made shall be given to the Parent or Student with at least one (1) terms notice and that the new conditions will be established at the beginning of the new academic term.

 

23.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

 

23.8 The Parent or Student warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

 

I certify that the above information is true and correct. I have read and understand the TERMS AND CONDITIONS of My Tennis Coach, and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Policy clause therein.

Guarantee
If I execute this agreement as the person responsible for payment on behalf of the Parent or Student, I guarantee the due and punctual payment of all monies payable under this agreement. This Guarantee and Indemnity shall constitute an unconditional and continuing guarantee and indemnity and accordingly shall be irrevocable and remain in full force and effect until the whole of moneys owing to the Academy by the Parent or Student and all obligations herein have been fully paid satisfied and performed.