1. Things to know about the start of your membership
As a member, you must adhere to these terms and conditions, including the Academy code.
1.1 What type of memberships do we have?
Understanding our Membership Options: Commitment
1.2 Do we offer any discounts?
Using a concession discount
You will receive a discounted membership if you are a:
· Full time student
· Living in a foreign state or country
If you are a student, you must show us proof that you qualify for a concession before your membership anniversary each year. If you no longer satisfy our criteria, we can upgrade you to the standard membership. Before we change your contract, we will write to you about any changes to your fees (see 2.5) and give you 28 days’ notice.
Setting up a family membership
We offer a discounted rate on some membership types to immediate family, if:
· We can link the family member/s to a primary, full paying member
· The primary member agrees to pay for the membership/s from the same account
If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s bank account but not at the discounted rate. If the primary member cancels these payment details, the family member must then pay for his or her own membership but not at the discounted rate.
1.3 How old do you have to be?
Meeting our minimum age
We have no minimum age. We are qualified and equipped to coach all age groups.
Joining aged 18 years
If you are 18 years of age, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.
1.4 When does your agreement start?
Signing your agreement
You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the Academy or over the phone, these terms and your agreement will apply.
Paying a start-up fee
You need to pay a start-up fee when you join or renew. This fee is listed in your membership agreement. We cannot refund the fee, even if you cancel during your comfort guarantee period.
If you defer your start-up fee or any other fees, we will charge you a higher weekly amount until you have paid the deferred fees in full.
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 2 weeks after the agreement is signed to correct it.
1.5 Can you change your mind?
Using your comfort guarantee
You can cancel your agreement during your comfort guarantee period. You have 14 days from the date you sign your initial agreement. To cancel your membership, please see 3.1. We will then cancel your agreement and refund your initial payment, less your start-up fee. This is only applicable for new membership agreements.
1.6 What about your health?
Promising you are in good health
On the day you sign your agreement and each time you train, you promise us that:
· You are in good physical condition
· You know of no medical or other reason why you cannot or should not do active or passive exercise.
Seeking expert advice
Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
2. Things to know during your membership
2.1 When do you pay membership fees?
Paying ongoing membership fees
You pay fees for ongoing memberships in advance weekly, by direct debit from a bank account or credit card. You can pay your fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.
Paying upfront
You can pay upfront for some memberships. Please ask our head coach or accounts team about this option.
Renewing your upfront membership
When your membership is due to end, you can choose to renew it before that date at your existing rate, otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.
2.2 How does direct debit work?
Paying every Week
We will debit your weekly fees from your nominated account every week, as set out in your membership agreement.
If you use a credit card (including VISA debit facilities) we will add a surcharge to your weekly debit not greater than the cost of accepting that payment method from our external third party provider albeit that if those external third party costs exceed $1.70 per transaction we will only charge you a maximum of $1.70 per weekly debit.
Please note that:
· Debit dates are pre-set for all members
· If one falls on a public holiday, we will debit your account on the next business day
· Debits might take up to 5 days to come out of your account.
See also 5.2 for our privacy statement and acknowledgment.
Meeting your responsibilities
You must make sure:
· Your account can accept direct debits (your financial institution can confirm this)
· There is enough money in your account on the payment day and the next 5 days
· You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
· You tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
Please tell us and your financial institution if you want to change or stop your direct debits.
2.3 What happens if your payment is late or fails?
Losing your Academy access
If you do not fully pay your fees on the due date, we will suspend your Academy access until your payments are up to date and you have given us your account details.
We will also charge you a late payment fee of $7.50 for a failed payment. This will be debited from your account, and you authorise us to do this.
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
· Phoning you or speaking to you at our Academy training
For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.
2.4 Can we change your agreement?
Staying up to date with our terms
We may sometimes add to, change or remove our terms and conditions. This includes changing our academy training hours, its services and facilities and membership fees. We do not reduce your membership fees for a public holiday.
The most up-to-date terms and conditions always apply.
Being notified about changes
We will give you at least 28 days’ notice of any changes, for instance by:
· Phoning you or writing to the address (post or email) you last gave us, or over group chats over phone or message services.
If we suspend our Academy’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:
· Complimentary time freeze (see 2.5).
Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see 3.1).
Unless the law states otherwise, you won’t have any other claim against us if this happens.
2.5 Can we increase your fees?
Being notified about changes
We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.
We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or message or email on the second business day after it is sent.
Authorising us to increase debits
Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
2.6 Can you freeze your membership payments?
Using a ‘time freeze’
You can freeze your membership for 1 or more weeks, up to a maximum of 3 fortnights each calendar year. Each time freeze must start and end on a direct debit date (Monday).
The time freeze fee for all memberships is $20 per week, which you can pay in advance or by direct debit.
Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.
Using an ‘extended time freeze’
You can freeze your membership for up to 3 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.
If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.
Understanding the conditions
Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.
We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.
2.7 How can you protect your health?
Telling us about your health risks
If you believe any Academy activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.
We may choose to refuse your membership agreement until:
· Your doctor agrees in writing that you are fit to exercise
· You show us proof that you have received medical advice on an appropriate exercise program.
2.8 How can you give us feedback?
We welcome your feedback
Your feedback is important in helping us to provide a great service. If you have any comments or questions about our Academy, website or service.
3. Things to know at the end of your membership
3.1 How can you cancel your membership?
Cancelling your membership
You can ask to cancel your membership by emailing us. However, you may only cancel your membership when your minimum agreed membership has been paid for upfront, otherwise, only once your minimum term is complete.
Confirming your request
When you do this, please always:
· Give us your email address so we can confirm your request in writing
· Keep a copy of your request
· Make sure that you cancel your direct debits with your financial institution.
3.2 How do you cancel after the minimum term?
Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership. When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us 28 days’ notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request, this means your final debit may be a pro rata amount To ensure your direct debit does not continue past your minimum term, you must give us notice within this term.
3.3 Can you cancel during the minimum term?
Cancelling without paying out your agreement
You can cancel your membership during the minimum term if:
· You are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term (must be approved by 2 different doctors with reference).
· You are bankrupt–you must show us supporting documents.
We will not charge you an exit fee in these cases.
Cancelling for other reasons
If you wish to cancel for any other reason and have more than 14 days left in your minimum term, you can pay out your agreement.
We calculate the amount you must pay by:
· Multiplying your weekly fee by the number of weeks left in your minimum term
3.4 Can you cancel if we change the agreement?
Cancelling if changes to terms and conditions adversely affect you
You can cancel your membership at any time if we change or add to these terms and conditions and these changes adversely affect you.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
In either case, you need to give the Academy 14 days’ notice.
Receiving a refund for prepaid programs
If you pay for a program in advance, we will refund the fee within 6 months of purchase if:
· The program is cancelled
· You can show us medical evidence that the program will cause you physical harm or injury
· The law requires us to refund the fee.
· We will refund any other fees that the law requires.
4. Academy Code
4.1 What rules apply to our Academy?
Respecting our equipment
You are responsible for using our facilities and equipment correctly.
Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.
Note also that you must not use a camera in our Academy without written permission.
Keeping your belongings safe
We ask that you do not bring valuables into the Academy. Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the Academy, even if it occurs during training times.
We give lost property to charity each month, including unclaimed items left behind at training.
Wearing suitable clothes
All members and guests must wear their full Australian Soccer School gear provided to all training sessions as well as the appropriate soccer boots or sports shoes.
Respecting others
Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include:
· Verbal or physical intimidation;
· Harassment;
· Discrimination on the basis of race, religion, sex, age or any disability another person may have
4.2 Can you bring guests to the Academy?
Paying for guests
You can bring guests into the Academy for a fee, on a trial basis. We decide how many visits a guest can make at our discretion. Please phone our Academy to learn more.
Meeting our conditions
Your guests must:
· Be accompanied by an adult if under the age of 18 years.
· Be accompanied by you and leave when you do
· Fill in a pre-exercise questionnaire on their first visit
4.3 What happens if you break the code?
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the code.
We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing instant cancellation
We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
· Threatening or harassing others
· Damaging equipment
· Using illegal or performance-enhancing drugs
· Instructing other members when we have not authorised you to do so.
5. Legal information you need to know
5.1 What are your responsibilities?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you come to your agreed training sessions per week. You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
· Make sure that you know how to exercise safely, by asking if necessary
· Use your best endeavours to exercise safely
· Not take valuables to training
5.2 Do we have a privacy policy?
Understanding our privacy policy
During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.
1. Statement of Commitment
Australian Soccer School is committed to protecting your privacy and any personal information we collect. Australian Soccer School complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
Australian Soccer School is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Australian Soccer School will only collect and use personal information as set out below.
For the purposes of this Privacy Policy personal information may mean some or all of the following:
A member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.
2. Collecting personal information
Australian Soccer School will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.
We collect personal information primarily to enable us to provide members with our services.
Australian Soccer School may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us ( e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Australian Soccer School products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Australian Soccer School being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Australian Soccer School. This can be done in person or online.
3. Collecting Sensitive Information
For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well-being.
Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Australian Soccer School, any Australian Soccer School group company, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.
4. Use of tracking technologies
Australian Soccer School uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Australian Soccer School to monitor the Australian Soccer School web site, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Australian Soccer School’s web site.
5. Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
· To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Australian Soccer School;
· To render services under a member’s membership agreement;
· To provide information about products, service and/or special offers to members;
· To obtain opinions or comments about products and/or services from members;
· To record statistical data for marketing analysis from members.
Australian Soccer School may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Australian Soccer School recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in
exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Australian Soccer School, any Australian Soccer School group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.
6. Individual’s right of access
Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Australian Soccer School database. Information may be reviewed, amended or deleted by completing the access request. Speak to one of our staff members to access this form.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Australian Soccer School being unable to sell products directly and/or provide certain services including after sales services.
7. Storage and security of personal and/or sensitive information
Australian Soccer School takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. Australian Soccer School employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Australian Soccer School. Australian Soccer School only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.
Australian Soccer School reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.
Allowing us to use your image We sometimes film or photograph the Academy so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
8. Photos and Videos
You agree to allow the Academy to promote any photos/videos or marketing material taken of the student for marketing purposes even if they are under the age of 18.
5.5 Which laws apply?
Meeting state laws
Your agreement is subject to Australian law and is governed by the state laws where your academy is located.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue
Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
· Provided with due care and skill
· Fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
· Supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
This change to your rights does not apply if your death or injury is due to our gross negligence.
Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004
5.6 What definitions apply?
Australian Soccer School, We, Us, Our
Australian Soccer School Pty Ltd
You, Your
A member of Australian Soccer School
The Academy
Australian Soccer School
Agreement Membership Application
Membership Application and Agreement. This is between Australian Soccer School and you, under which you will become a member of Australian Soccer School
Minimum Term
The term specified in the Membership application and agreement form
Code
Code for operating equipment, opening hours and behaviour in the Academy, specified in these terms and conditions, and in Academy signs and handouts