Terms

Hockey Australia

2024 Hockey Australia National Registration Terms and Conditions

By applying to register to participate in competitions, activities or events of an Australian Hockey Association (AHO), including Hockey Australia Limited (HA), one of its Member Associations, regional associations or affiliated clubs, you (and, if you are under 18, you and your parent or legal guardian whose name and details appear in the requisite fields) acknowledge and agree that your application for membership will be considered and may be accepted or rejected in accordance with the relevant AHO's governing rules. If the AHO accepts your application, you (and, if you are under 18, you and your parent or legal guardian whose name and details appear in the requisite fields) acknowledge and agree that:

  1. You will be bound by and comply with all rules, regulations, by-laws and policies of the AHO, including the AHO's constitution and the National Integrity Framework (NIF), as amended from time to time (Rules) and directions, determinations and decisions made by the AHO and by these registration terms and conditions. The Rules and the NIF are made available from HA’s website at www.hockey.org.au/integrity or from the website of the relevant AHO.
  2. Without limiting the application of the Australian Hockey Code of Conduct or any right to terminate your membership under the AHO's governing rules, the AHO may terminate your membership registration at any time, including if your participation or behaviour interferes with any other participant's safety or enjoyment of hockey, subject to any requirements of the AHO's constitution.
  3. The information provided by you is current and correct at the time of application and will be updated by you as required within one month of any change.
  4.  The personal information that the AHO collects from you may be used and disclosed for the purposes set out in the Australian Hockey Privacy Policy available from HA’s website at www.hockey.org.au/integrity and the privacy policy of the AHO, if any, including administering and marketing competitions, activities and other events; and the provision of hockey-related information and communication from AHOs. You may opt out of your email being used for communication purposes by contacting the AHO and/or managing your communication preferences online.
  5. The AHO may use third parties (such as IT providers, venue operators or survey providers) to collect your personal information or give them your information to help run hockey, as required by law. The AHO will always act in accordance with the Australian Hockey Privacy Policy and its privacy policy, if any.
  6. You accept all risks involved in training, competing and otherwise participating in activities related to or forming part of your membership of the AHO and your registration to participate in the sport, including the risk of transmission of viral illness, including COVID-19 and you have considered that risk, including any vulnerability that you may have. You warrant that you do not have a known pre-existing medical or other condition that makes it unsafe to participate in hockey competitions, activities and other events organised, authorised or recognised by an AHO (Hockey Activities) and agree, if reasonably requested by HA or any AHO of which you are a member, to provide a certificate from a duly qualified medical practitioner certifying you are fit to participate in Hockey Activities.
  7. You consent to receive any medical treatment that an AHO reasonably considers necessary or desirable for you during your participation in Hockey Activities if you cannot make a rational decision about your consent to any medical treatment that you may require. You also agree to reimburse the relevant AHO for any costs or expenses incurred in providing you with such medical treatment.
  8. You become entitled to the level of insurance protection as detailed at www.hockey.org.au/play/registration-and-insurance. This insurance level is not intended to be comprehensive coverage, and it is recommended that you investigate applicable insurance needs and coverage in relation to participating in Hockey Activities.
  9. Subject to any requirements of the AHO's constitution, you must notify the AHO in writing if you wish to cancel your registration. Following the AHO's confirmation to you of your registration cancellation, you will have no entitlement to the benefits that attach to registered participants in Australian Hockey. Refunds will only be provided in the circumstances set out in the Hockey Australia Refund Policy.
  10. Subject to applicable Rules (including the Australian Hockey Privacy Policy), you consent to photographs and video captured, recorded and live-streamed during your participation in any Hockey Activities and to AHOs using your name, image and likeness in any form or medium for:
  1. general marketing and promotional activities related to hockey in Australia; or
  2. the administration of hockey in Australia (e.g., to assist in identifying and investigating prohibited conduct under the NIF or for use in disciplinary proceedings, including tribunal hearings),

in each case without your further consent being necessary.

  1. If you do not wish to consent to your name, image and likeness being used for general marketing and promotional activities related to hockey in Australia, please notify the relevant AHO.
  2. An AHO may apply additional terms and conditions in relation to your registration, including, but not limited to, the collection of your personal information.
  3. Where there is any overlap between these terms and conditions and additional terms applied by an AHO in accordance with clause 10, the additional terms prevail to the extent of the inconsistency.

Australian Hockey Code of Conduct

Each AHO is committed to promoting and strengthening the positive image of hockey and its participants in Australia and to ensuring that everyone involved with hockey is treated with respect and dignity.

The Australian Hockey Code of Conduct, available from HA’s website at www.hockey.org.au/integrity or from the website of the relevant AHO, aims to ensure that everyone involved in hockey is aware of the standards of behaviour expected of them and the mechanism for dealing with any conduct alleged to breach the Code of Conduct.

Acknowledgement of this Code of Conduct is a requirement of your registration.

Safe Hockey

Each AHO is committed to ensuring the safety and wellbeing of all children and young people involved in our sport.

Your registration is subject to the terms of the NIF Children and Young People Safeguarding Policy, including the child-safe practices and recruitment and screening requirements contained therein.

Got Something to Report?

If you see, hear or experience any suspicious or unwelcomed activity, including any misconduct relating to child safety, bullying, cheating, doping, gambling or match-fixing, report it confidentially to the Hockey Australia Integrity Unit or the Hockey Integrity Hotline.

Parent/Guardian Declaration

If the applicant for membership has not yet reached the age of 18 at the time of making this application or requires a guardian, I, the parent or guardian of the applicant, authorise and consent to the applicant undertaking the Hockey Activities. In consideration of the applicant's membership to the AHO being accepted, I expressly agree to be responsible for the applicant's behaviour and agree to accept, in my capacity as parent or guardian, the terms set out in this membership declaration. In addition, I agree to be bound by and to comply with the AHO constitution and all other rules, regulations, by-laws and policies of the AHO.


Hockey Victoria

Hockey Victoria (HV) registered members agree to comply with Hockey Australia (HA) registration terms and conditions (HA terms) and policies, along with the terms and conditions below and relevant HV policies which can be accessed here.

Terms & Conditions

THIS IS AN IMPORTANT APPLICATION.  YOU SHOULD READ IT CAREFULLY BEFORE SIGNING IT. BY AGREEING TO THIS APPLICATION AND DECLARATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREED TO THE BELOW TERMS AND CONDITIONS.

These terms and conditions (terms) must be read carefully. In consideration of your application for membership of HV being accepted you acknowledge and agree to the following terms:

1. Definitions: In these terms:

Affiliate has the same meaning as in the HV Constitution and where the context permits, means the Affiliate in which you apply to become a member.

Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost, or expense however arising from or in connection with any Hockey Activities including negligence.

Hockey Activities means performing or participating in any capacity, including as a member, in any authorised or recognised Hockey Organisation activity.

Hockey Organisation means and includes HA, HV and Affiliates and where the context so permits, their respective directors, officers, members, servants, or agents.

HV means Hockey Victoria Incorporated (ABN 66 215 250 461).

2. Rules of registration and participation: By agreeing to these terms, you will become a member of the nominated Affiliate and HV. You acknowledge, agree and consent to becoming a member of the Hockey Organisations. Upon becoming a member of HV and the relevant Affiliate, the relevant Hockey Organisations’ Constitutions will comprise a series of contracts between you and the relevant Hockey Organisation, and you will be bound by them and any by-laws, policies or codes of conduct made under them. You submit to any disciplinary measures taken against you and will take any appeals and litigation before the authorities provided for in the relevant Constitutions and by-laws. You will pay on demand the prescribed or stated fees for the Hockey Activities and/or for affiliation with HV and the Affiliate. Such fees may be notified to you verbally, in writing (for example, including but not limited to through the registration system process) or by notice displayed in the relevant Hockey Organisation’s premises. You acknowledge that your HV membership application is subject to you having paid all relevant annual membership fees to HV and Affiliates.

3. Risk Warning and Waiver (As referenced in Section 5 of the 2024 HA terms):

4. Waiver: A supplier of recreational services or recreational activities can 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).

If you agree to these terms and conditions, 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 below.

5. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these terms and conditions, you agree that the liability of the Hockey Organisations 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:

(i)  death.

(ii) physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury).

(iii) the contraction, aggravation, or acceleration of a disease; or

(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

(A) that is or may be harmful or disadvantageous to you or the community; or

(B) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,

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: Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in this application and declaration, the Hockey Organisations, are required to ensure that the recreational services it supplies to you:

i. are rendered with due care and skill;

ii. are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and


iii. might reasonably be expected to achieve any result you have made known to the supplier.

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 agree to these terms and conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) 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 application and declaration.

Note: The change to your rights, as set out in this membership application and declaration, does not apply if your death or injury is due to gross negligence on the supplier’s 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).

Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to these terms, you agree that the liability of the Hockey Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) 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.

6. Release & Indemnity: In consideration of the relevant Hockey Organisations accepting your membership application you, to the extent permitted by law:(i) release and forever discharge HV and the Affiliate from all Claims that you may have or may have had but for this release arising from or in connection with your membership and/or your participation in the Hockey Activities.

(ii) release and indemnify the Hockey Organisations against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by any Hockey Organisation or in any other manner whatsoever; and

(iii) indemnify and will keep indemnified and hold harmless the Hockey Organisations to the extent permitted by law in respect of any Claim by any person:

(A) arising as a result of or in connection with your membership or undertaking the Hockey Activities; and

(B) against any Hockey Organisation in respect of any injury, loss or damage arising out of or in connection with your failure to comply with HV’s rules and/or directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage, or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of a Hockey Organisation.

7. Insurance (As referenced in Section 7 of the 2024 HA terms.)

8. Disclosure of Medical Conditions (As referenced in Section 5 and 6 of the 2024 HA terms.)

9Consent to Medical Treatment: If you suffer any injury or illness, you agree that a relevant Hockey Organisation 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. You agree to reimburse the relevant Hockey Organisation for any costs or expenses incurred in providing such medical treatment.

10. Exclusion of Applicant (As referenced in Section 1 of the 2024 HA terms.)

11. Safety (As referenced in Section 5 of the 2024 HA terms.)

12. Prevailing conditions: You acknowledge and agree that:

(i) some Hockey Activities may be affected by the weather which may change without warning; and

(ii) in such activities, there can be an element of the “luck of the prevailing conditions” when undertaking the Hockey Activities over which the Hockey Organisations have no control.

13. Bar to proceedings: A Hockey Organisation may plead these terms 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 a Hockey Organisation, you:

(i) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;

(ii) waive any right to object to the exercise of such jurisdiction;

(iii) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by a Hockey Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by a Hockey Organisation to remove the proceedings to the jurisdiction in which any incident occurs;

(iv) will pay the costs of any application made by any one or more Hockey Organisation under paragraph

(v) above and will consent to any application for security of costs made at any time by any one or more Hockey Organisation; and

(vi) consent to paying the legal defence costs of the proceedings (on a solicitor client basis) of any Hockey Organisation where the Hockey Organisation(s) successfully defend the proceedings.

15. Use of Image: (As referenced in Section 9 of the 2024 HA terms).

16. Privacy: You understand that the personal information you have provided in your membership  application is necessary for the conduct and management of the Hockey Activities and other related activities across Victoria, and that it is collected, used, disclosed, and stored in accordance with HV’s Privacy Policy.

17. Non-transferable: A right to be a member of HV (if granted) is non-transferable to other people. Any attempt to transfer to another person without the knowledge of HV may result in the cancellation of any rights granted by the Hockey Organisation without refund and you may not be permitted to participate in further Hockey Activities or programs. You also accept that fees paid for membership of HV are non-refundable.

18. Entire agreement: These terms (and the documents included in them and to which they refer) constitute the entire agreement between the parties in respect to the Hockey Activities and supersedes all other agreements, understandings and representations and negotiations with any Hockey Organisation in relation to the Hockey Activities. To the extent that any clause of these terms is void or unenforceable it is severable and does not affect the remaining provisions of these terms.

19. Governing Law: The governing law of this application and declaration is the law of the State of Victoria. You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of Victoria and waive any right to object to the exercise of such jurisdiction.

20. Warranty: You warrant that all information provided is true and correct. You acknowledge this application and declaration cannot be amended. If you amend this application, it may be null and void and may not be accepted by the Hockey Organisation.

21. Statement of Understanding: You have read or have had read to you the above terms and conditions and having understood the same, you consent to the activities proposed.

22. Financial Declaration: In applying for membership of HV, you acknowledge and declare that you have paid all relevant fees to HV and your Affiliate. HV may, and reserves the right to, decline any membership application from an individual who has not paid any outstanding fees to HV or an Affiliate.

Declaration

In order to proceed, you must have read and agreed to the terms and conditions of membership contained in this application and declaration. By accepting these terms and conditions, you declare that you have read, understood, acknowledge, and agree to the terms and conditions of membership including the exclusion of implied terms, warning, assumption of risk, release and indemnity. By accepting this application and declaration, you agree that if your application for membership is accepted, you will be bound by these terms and conditions.

***Where the applicant is under 18 years of age this application and declaration must also be accepted by the applicant’s parent or legal guardian:

As parent or guardian of the applicant for membership, you authorise and consent to him/her participating in the Hockey Activities and being granted membership of HV. In consideration of this application being accepted, you expressly agree to be responsible for the applicant’s behaviour and agree to accept in your capacity as parent or guardian, the terms set out in the membership application and declaration, including the provision by you of a release and indemnity in the terms set out above. Further, you have read, understood, acknowledge and agree to, and have fully explained to the applicant, the terms and effect of this application and declaration, including the warning, exclusion of implied terms, release and indemnity. You acknowledge that the applicant has read the application and declaration and together with your explanation the applicant has, to the best of your belief, understood the terms and effect of the application and declaration, including the warning, exclusion of implied terms, release, and indemnity.

 

 

 

 


Bayside Cougars Hockey Club

Terms of Membership

In accordance with the Bayside Hockey Club constitution, all persons applying for membership of Bayside Hockey Club Inc. ("the Association") must agree to: