Terms and Conditions
1. Eligibility Criteria
Empower Golf Australia was established to support people with disabilities and therefore the following criteria must be met to use our services and equipment:
· I have a disability that is not palliative.
· My needs meet the primary purpose of Empower Golf Australia, that is to support and promote access and inclusion for people with disabilities.
· Empower Golf Australia is not well equipped to support ventilator dependent individuals. If you use Oxygen Concentrator, please contact us to discuss whether your support requirements can be met.
· Empower Golf Australia cannot support you if you have significant behaviours of concerns or addictions that may affect other participants or our staff.
· The staff at Empower Golf Australia are trained to support people with disabilities. If my care requirements are complex and likely to exceed the staff’s skill set, I understand that I might be required to bring my own trained support.
· Empower Golf Australia’s staff cannot manage any medical conditions I may have. I understand that an ambulance will be called for me if I require medical attention and that I will be responsible for any costs incurred in transporting me and/or my equipment to and from hospital.
Empower Golf Australia’s services and equipment are available to those that meet the above criteria.
2. Engaging our Services
2.1 Confirmation of Eligibility
Firstly, you will need to confirm your eligibility by acknowledging that you meet the terms of the eligibility criteria appearing on the Empower Golf Australia Service Request/Agreement i.e. that you have a disability
2.2 Service Request/Agreement Form
You must agree to provide all information necessary to assist our staff to support you. This information will be collected via this Service Request/Agreement Form
3. Rates & Charges for Services & Equipment
The prices quoted are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
All services and equipment are specifically designed to meet the needs of the participants.
3.1 These prices are subject to change if:
• a signed service agreement which is due for a service is not received by the stated due date.
• any details relating to your Service Request/Agreement Form are incorrect or amended
• there is a change in or imposition of a government charge, tax or levy which entitles or necessitates Empower Golf Australia changing the price
3.2 Funder Approval
It is the responsibility of the participant to ensure that any service or equipment for which they are seeking funding, meets the criteria of that funder. The participant is liable for any costs of services or equipment provided that the funder will not meet.
If you have an outstanding account, Empower Golf Australia reserves the right to put all future bookings on hold until the account is paid.
3.3 NDIS Participants who are NDIA managed
NDIS Participants who are NDIA managed must ensure that any services that are engaged are covered by the NDIS and are included in their plan. Before a service can be confirmed, a Service Request/Agreement Form must be completed. Once the participant signs and returns it, a service booking will be made in the MyPlace portal and funds will be secured.
3.4 NDIS participants that have a Plan Manager
Plan Managed participants must ensure that any services or equipment that are used are covered by the NDIS and are included in their plan. Before a service can be confirmed, a Service Request/Agreement Form must be completed. An invoice will be sent within six weeks of the service, to the participant and their Plan Manager to arrange payment. In the event that a Plan Manager refuses to pay the invoice issued, the participant is still liable for any service used.
3.5 NDIS participants that are Self-Managed
Self-managed participants must ensure that any services that are engaged in, are covered by the NDIS and are included in their plan. Before a service can be confirmed, a Service Request/Agreement Form must be completed. An invoice will be sent within six weeks of the service, to the participant to arrange payment.
4. Cancellation, Changes and Refunds
4.1 Reservation Cancellation policy
If less than 24 hours notice is given to cancel supports, 100% of the total fee must be paid . There is no charge if more notice of cancellation is given.
4.2 You agree to inform Empower Golf Australia immediately if your funding is suspended or replaced by a new funding agreement.
4.3 Changes to Service Level Agreements
If changes to the supports or their delivery are required, we both agree to discuss and review this Service Level Agreement. We both agree that any changes to this Service Level Agreement will be in writing, signed, and dated.
4.4 Ending a Service Level Agreement
Should either Party wish to end this Service Level Agreement they must give reasonable notice. Payment for supports/services is required during this notice period.
If either Party seriously breaches this Service Level Agreement, the requirement of notice will be waived.
5. Use of Equipment
5.1 If a participant would like to participate in golf and use the Paragolfer/Paramotion they must:
• Complete the indemnity form
• Fill in the medical history form which is part of the booking form.
• If the participants treating doctor thinks it appropriate, then a current (within the past year) bone density score may be required before participating.
5.2 General Conditions of Use
• All bookings and enquiries are to be made through at Empower Golf Australia between the hours of 9am-5pm weekdays
• If assistance is required to transfer in or out of the equipment, a booking must be made for assistance at the same time as booking the equipment.
• Empower Golf Australia has insurance for public liability/risk and any other matters relevant to the purpose for which the equipment will be used; to the value of $20,000,000.
• Persons are not permitted to make any alterations or additions to Empower Golf Australia’s equipment.
• At Empower Golf Australia’s reasonable demand, the user must pay for any damage to the facility and/or equipment or other items supplied by Empower Golf Australia, which at any time may be found to be missing, damaged or damaged beyond repair or destroyed. Please note that the cost of equipment varies up to $50,000.
6. If a Participant would like to participate in an Exercise Physiology session, they must:
• Fill in the medical history form which is part of the booking form.
• Sign the terms and conditions acknowledging the risks involved in participation
• If the participants treating doctor thinks it appropriate, then a current (within the past year) bone density score may be required before participating.
7. Advocacy
Empower Golf Australia acknowledges and respects the role of people who act as an independent advocate for a participant; including families, friends, guardians and financial managers when they take on that role. Empower Golf Australia actively encourages and supports participants and their families to engage with independent Advocacy Services but will equally respect the right of participants to choose their own advocate, and to change their independent advocate at any time during service provision. Below are some important services:
Multicultural Disability Advocacy Association of NSW Incorporated
Promotes and protects the rights of people from a non-English speaking background with disability and their family and carers in NSW.
P. 1800 629 072
E. mdaa@mdaa.org.au
W. https://mdaa.org.au/
10-12 Hutchinson Street
Granville NSW 2142
People with Disability Australia
Advocacy support can include going to meetings with or for the person, writing letters, making phone calls or assisting them to lodge complaints.
P. 1800 843 929
E. info@wayfinderhub.com.au
W. https://pwd.org.au/
Level 8, 418A Elizabeth St
Surry Hills NSW 2010
8. Code of Conduct
For the benefit of participants and staff, we have a Code of Conduct to help everyone enjoy their services.
Empower Golf Australia agrees to:
• Listen to you and learn about what you want and need and support you to make decisions and choices.
• Provide the best available supports/services appropriate to your needs, including consulting with you on decisions about how supports/services are provided.
• Engage others who are important to you (as you wish), and together we will support you to achieve the goals and aspirations you identify.
• Obtain consent before commencing supports/services.
• Once agreed, provide supports that meet your needs.
• Regularly review the provision of supports with you.
• Communicate openly and honestly and in a timely manner.
• Treat you with courtesy, dignity and respect.
• Treat personal information in a confidential manner and protect your privacy.
• Keep current and accurate records of supports/services provided.
• Provide you with information about managing any complaints or disagreements.
• Listen to your feedback and resolve problems quickly.
• Give you notice if we must change or cancel a scheduled appointment to provide supports. Where possible another appointment will be scheduled to a time that is suitable to you.
• Give you notice if we need to end a Service Level Agreement or cancel a booking.
• Take reasonable steps to confirm your safety.
• Provide staff with adequate training to meet your service requests and requirements.
• Provide supports in a manner consistent with all relevant laws e.g. National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law.
• Issue regular invoices and statements of the supports delivered.
You agree to:
• Inform Empower Golf Australia of how you wish the supports/services to be delivered.
• Treat Empower Golf Australia staff and other participants with courtesy and respect.
• Work with Empower Golf Australia to put your plan into action; this may include recommendations from your support team.
• Ask questions if you are unsure about your supports being provided or you have any concerns.
• Pay any fees associated with your supports/services promptly
• Give Empower Golf Australia reasonable notice if you need to end a Service Level Agreement or cancel a booking and follow our Cancellation Policy and Procedures.
• If applicable, let Empower Golf Australia know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or you stop being a participant in the NDIS.
• Allow Empower Golf Australia, at the commencement of supports/services, to work with you to identify any risks that may affect staff, others or you, and to cooperate with all reasonable actions to minimise negative risk and enhance positive opportunities.
• Be aware that wilful damage to property will incur full costs of repair, replacement, cleaning and staff time.
By agreeing to the terms and conditions you are agreeing to the Code of Conduct.
9. Risk Warning and Liability Waiver
You acknowledge and agree that your participation in any exercise, recreation, leisure, sport or training activity organised by us is an activity which is subject to risks.
Risks associated with the use of equipment to access community and other similar equipment (ParaGolfer/Paramotion):
• Injury from faulty equipment.
• Injury from accident while using equipment.
• Injury from falling off equipment.
• Injury from colliding with another equipment user/ pedestrian/ another road user.
• Aggravation of previous or existing illnesses or injuries.
• Injury from not using the equipment with incorrect technique or not for its intended purpose.
• Damage to skin (cuts, bruises, grazes & pressure injuries).
• Sunburn and exposure to weather.
To review the full risk assessments completed by Empower Golf Australia, please speak to management.
By acknowledging that you agree to our terms and conditions, you are agreeing that:
• You have read the above risk warning; and
• You release us, our agents and servants, and all other parties associated with organising activities from any responsibility or legal liability associated with your presence at and participation in the activities, whether at Empower Golf Australia or at another location. To the extent that the Competition and Consumer Act 2010 (Cth) applies this release is limited to responsibility and legal liability for death or personal injury and does not apply to significant personal injury caused by reckless conduct by us.
10. Feedback, Suggestions and complaints
10.1 Procedure for receiving formal and non-formal complaints
• Empower Golf Australia welcomes complaints
• Participants, clients and their families, advocates and substitute/supported decision-makers have a right to raise complaints regarding the services, and to have their complaints dealt with promptly and in a positive way.
• Participants, clients, visitors and their families, advocates and substitute decision-makers who make a complaint are valued and should not fear retribution.
• Complaints are welcomed are usually received:
• in person,
• over the telephone,
• in writing,
• All complaints are to be forwarded to the manager, who will be known as the Investigating Manager.
• Informal complaints or simple matters of concern should be dealt with by the manager. However, for more serious matters or those with broader implications for Empower Golf Australia and the organization, the General Manager will notify the Quality, Risk and Compliance Manager, and relevant members of the Executive to participate in the resolution.
• In cases where the complainant does not feel comfortable in making a complaint to those directly delivering the service, the appropriate manager should be notified to speak to the complainant.
• If responses from the General Manager are not considered adequate by the complainant, the NDIS Quality and Safeguards Commission can be contacted by calling 1800 035 544 or visiting www.ndiscommission.gov.au.
11. Privacy, Dignity and Confidentiality Policy
Empower Golf Australia is committed to safeguarding the privacy of client information and has implemented measures to comply with its obligations under the privacy legislation.
We have policies and procedures in place to respect and protect a client’s privacy and dignity; ‘Privacy Dignity and Confidentiality’ and our ‘Code of Conduct’. Our full Privacy, Dignity and Confidentiality policy can be accessed through the booking form
Our policies dictate information about privacy, the type of information that will be sought and why it is requested.
Consent is sought before any personal information can be collected, shared or used for any reason, other than for the purpose for which it was originally collected; the exception being when disclosure of information is required by law to lessen or prevent a serious and imminent threat to the life, health or safety of any person or a serious threat to public health.
12. Your Contact Details and Ours
Your Contact Details:
You must let us know any change in your contact details by sending an email info@empowegolf.com.au. If you do not update your contact details when they have changed, notice given by us to the email or other address we have on our records for you will be valid notice to you under these Terms.
Our Contact Details:
Any written notice or completed form that you need to provide under this Agreement must be sent by email to info@empowegolf.com.au or sent by post to, or handed to a Empower Staff or director at, Empower Golf Australia, 8/47 Gladesville Road, Hunters Hill, 2110, NSW. Only notices delivered to us in one of these ways will be valid notice under this Agreement.