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Eight Week Program Terms and Conditions

MCA Melbourne

Eight Week Program Terms and Conditions

Program: MCA Melbourne Eight Week Program (Under 18) (Program) Provider: Melbourne Cricket Academy Melbourne Pty Ltd (MCA)

By enrolling into the Program, you acknowledge that you have read and agree (on behalf of you and / or your child(ren)) to the terms and conditions below.

1. GENERAL

You agree:

  1. for your child to be registered as a participant of the Program with MCA; and
  2. acknowledge that you have provided all relevant information relating to your child’s allergies, medical concerns or behavioural issues (if any) in the registration form.

2. PRIVACY AND YOUR PERSONAL INFORMATION

You acknowledge and agree that:

  1. the personal information that MCA collects from you in relation to you and your child may be used and disclosed for the purposes set out in the MCA Privacy Policy (located at /privacy-policy) including being used by MCA to administer the Program; and
  2. MCA may use third parties (such as IT providers, venue operators or survey providers) to collect your and your child’s personal information, or give them such information to help run the Program, or as required by law.

3. RELEASE AND MEDICAL TREATMENT

  1. You acknowledge that your child's participation in the Program is a recreational activity which involves a risk of physical harm, injury or damage to your child, including but not limited to being hit by a cricket bat or ball, including being hit in the head by a bat or ball, falling or tripping over a cricket ball, becoming entangled in cricket nets, or colliding with other participants, and accidents can and often do happen which may result in personal injury, death or property damage as well as the risk of transmission of viral illness including COVID-19 and you have considered that risk, including any vulnerability or health condition that your child may have.
  2. You agree that MCA does not accept any liability for personal injury, property damage or loss sustained by any participant as a result of their participation in the Program due to any cause whatsoever, unless caused by the proven negligence of MCA.
  3. You acknowledge and understand that if you or your child requires access to medication during the Program then it is your responsibility as the registering parent/guardian to ensure all medications (e.g. asthma puffers, EpiPens etc) are accessible. You acknowledge that MCA Program staff only carry basic first aid supplies and will not have access to additional medications.
  4. You authorise any representative of MCA to obtain any medical assistance, treatment and transport for you or your child as deemed reasonably necessary. You consent to any such medical treatment and/or transportation for you or your child. You acknowledge and agree that you will be responsible for any costs associated with any such medical treatment and/or transportation.
  5. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.

4. CANCELLATIONS AND REFUNDS

  1. If your child is unable to attend the Program prior to the Program starting, you must provide a minimum of 5 business days’ notice by contacting the MCA Program contact in writing. Cancellations will not be accepted verbally.
  2. If notice is given in accordance with clause 4.1, MCA will provide a refund of any amounts paid to MCA in respect of the Program. An administration fee will apply for each application for a refund.
  3. If your child withdraws after the Program starts because your child cannot continue due to illness or injury, MCA will, on reasonable evidence such as a medical certificate:
    1. if the Program fee was paid upfront, refund the portion of the Program fee attributable to future sessions, less reasonable non-recoverable costs; or
    2. if the Program fee is being paid by instalments, cancel or adjust any future instalments so that you are only required to pay the portion attributable to sessions occurring before the withdrawal, together with any reasonable non-recoverable costs. MCA will refund any amount already paid in excess of that sum, and any outstanding amount remains payable.

MCA may offer a credit instead, but you are not required to accept a credit where a refund is required by law or this clause.

  1. If your child misses a session for another reason, MCA is not required to provide a refund, credit or make-up session. MCA may permit attendance at an alternative session where capacity, safety and coaching arrangements allow.
  2. MCA may, at its sole discretion and without notice, make reasonable changes to the Program, including to a coach, training group, training content, session time or venue where required by weather, venue availability, staff availability, safety, participant numbers or another operational reason.
  3. MCA may be required to cancel or change the Program in extenuating circumstances, including but not limited to:
    1. extreme weather conditions (e.g. extreme heat, thunderstorms etc);
    2. low registration numbers;
    3. reasons of health, safety and/or security; or
    4. to comply with laws or government requirements.
  4. If MCA cancels a session, MCA will inform you with reasonable notice in the circumstances and will use reasonable efforts to provide a make-up session. If a make-up session is not reasonably available, MCA will provide a pro rata credit or refund for the cancelled session. You agree this will be MCA’s sole liability arising from the Program or cancellation and MCA will not be liable for any further or third party costs.
  5. If MCA cancels the whole Program before it starts, MCA will refund any amounts paid to MCA in respect of the Program. MCA is not responsible for indirect costs such as travel, accommodation, equipment or lost opportunity, except to the extent liability cannot lawfully be excluded. You agree this will be MCA’s sole liability arising from the Program or cancellation and MCA will not be liable for any further or third party costs.
  6. MCA is under no obligation to provide a refund or pro rata credit, except where required by law or in accordance with these Terms and Conditions.

5. DROP OFF AND PICK UP

  1. Your child must arrive on time, sign in if requested, and remain within the designated Program area unless MCA Program staff give permission to leave.
  2. You must provide accurate authorised collection details for your child and ensure your child is collected promptly at the end of each session. MCA may require identification before releasing a child.
  3. MCA is responsible for supervision only during the stated session times and any expressly notified supervised period. You remain responsible before sign-in and after sign-out or collection.
  4. You must promptly notify MCA about any court order, parenting arrangement, collection restriction or other matter relevant to your child’s safety or release. MCA may require supporting information, where reasonably necessary.

6. BEHAVIOUR

  1. You understand and have impressed on your child that they are required to take instruction from MCA staff. If your child continuously demonstrates inappropriate behaviour or refuses to follow instructions given, you will be notified and your child may be removed from the activity, suspended for a period, or excluded permanently from the Program, at MCA’s discretion. If this occurs, you agree to collect your child as early as practicable and acknowledge that no refund will be due.
  2. MCA may take proportionate action in response to conduct or safety concerns, including a warning, modified participation, temporary suspension or removal from the Program. Where practicable, MCA will explain the concern and allow you to respond before final action.
  3. MCA may act immediately where it reasonably considers this necessary to protect a child, another person or property. MCA will document and escalate child safety concerns in accordance with its policies and applicable reporting obligations.
  4. If MCA permanently removes your child, MCA will refund the portion of the Program Fee attributable to future sessions, less any reasonable loss or cost. This does not affect any right or remedy under law.

7. PROPERTY

  1. MCA is not responsible for loss of or damage to personal property unless caused by MCA's negligence, breach of contract or other conduct for which liability cannot lawfully be excluded.
  2. You are responsible for reasonable repair or replacement costs where your child intentionally or negligently damages MCA or venue property.

8. USE OF NAME AND IMAGE

  1. You consent to MCA and its representatives, affiliates, agents, assigns, authorised licensees and commercial partners to record, use, edit, reproduce your child’s name, likeness or image (including photographs, voice, name and/or biographical information and videos) in any form or medium for the purposes of MCA programs, educational, community cricket, promotional, commercial or marketing purposes related to MCA programs or the sport of Cricket and you agree that no fee or remuneration will be provided for your child’s appearance in any such communication mediums and you waive, release and forever discharge MCA from all claims, actions and liability relating to the use of your child’s name or image.
  2. MCA may record your child during a session where reasonably required for coaching, performance analysis, safety review or incident management. MCA will use and protect those recordings in accordance with its privacy policy and applicable law.
  3. If you do not wish to consent to your child’s name, likeness and image being used, you must notify MCA, if different, noting that such refusal may result in your child being unable to participate in certain Program activities.

9. INTELLECTUAL PROPERTY

  1. MCA and its licensors retain all rights in Program materials, coaching methods, assessments, videos, written resources, branding and other intellectual property supplied or used in the Program.
  2. No person may reproduce, sell, publish, distribute, adapt or use Program materials without MCA's prior written consent, except as permitted by law.

10. MISCELLANEOUS

  1. If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed, without affecting the remaining provisions.
  2. A failure or delay in exercising a right does not waive that right.
  3. You may not assign the agreement without MCA's prior written consent. MCA may assign the agreement as part of a genuine business restructure or transfer if this does not reduce you or your child’s rights or materially affect delivery.
  4. These Terms are governed by the laws of Victoria, Australia. The parties submit to the courts and tribunals of Victoria and any courts entitled to hear appeals from them.
  5. Electronic acceptance and electronic signatures have the same effect as acceptance or signature in writing, to the extent permitted by law.
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