Terms
Skate Australia
SKATE AUSTRALIA 2024 MEMBERSHIP TERMS and CONDITIONS
By completing this member application and submitting payment you acknowledge and accept to comply with and abide by the terms and conditions of being a member of Skate Australia (“SA”). If the person completing this member application is under the age of eighteen (18) then a parent/guardian will be required to provide the following declarations on your behalf and by doing so will ensure that you always comply with the terms and conditions of membership.
Your membership is conditional on you ticking the box that confirms you have read and agreed to this statement.
Please read this document in full. It is important that you understand and agree to the terms of the Skate Australia membership application. By ticking the box, you are acknowledging that you have read, understand, and agree to these terms and conditions.
The following must be read carefully
- Upon submitting this membership application, you will become a member of Skate Australia (ABN 55 164 973 409) (SA). These terms and conditions (Terms), comprise a contract between you and SA which is necessary and reasonable for offering access to SA’s services, events, and facilities. You acknowledge that you will be bound by and agree to comply with such rules, terms and conditions as may be imposed by SA. You agree to follow any rules, policies and/or directions set by SA and you understand that if you fail to comply with any such rules or directions, you will not be permitted to access SA’s events, services, and offers and no refund will be given.
- In agreeing to the Terms and Conditions, you make application for membership of SA with the club or group listed and declare that:
- You are eligible to participate in competition and events according to the constitution of Skate Australi
- You agree to abide by all rules and by-laws of Skate Australia, World Skate, and other affiliated bodies as amended from time to time; and
- You agree to abide by and comply with all policies issued and amended from time to time by Skate Australia and World Skate.
- Membership Season: SA 2024 membership season runs from January 1, 2024, to December 31, 2024. The following membership categories are in place for the 2024 season:
- Competitive Member: Competing member (National, State, and Local Competitions)
- Associate Member: Non-Competing member (administration, official, referee)
- Development Member: Training and Social Activities – No competition
- Participation Member: Participation programming and activities
- Coaching Member
- Come and Try Participant
- Membership of SA is available to all individuals of all ages.
- Membership will not be finalized until:
- All online mandatory details have been completed
- Annual membership fee received in full
- All outstanding debts or disciplinary actions are resolved
- All mandatory documents such as Valid Working with Children Checks are uploaded with your membership.
- Membership Refund Policy: Individuals may request a refund if they are unable to compete / use their membership. The request for a refund must be sent to admin@skateaustralia.org.au. The following conditions apply when requesting a refund:
- A full refund of the SA membership fee, less a 10% administration fee (minimum of $5), will be issued upon receipt of a current medical certificate where:
- The request is received by Skate Australia within 30 days of membership registration being submitted
- All other conditions as per above have been met.
- Note: Skate Australia will issue refunds only for the relevant SA fees paid. Club and State Association fee refunds will be at their discretion and will need to be requested directly through the relevant person at the nominated organization.
- Event entries, education course and national team refund information can be discussed with the admin team at admin@skateaustralia.org.au
- A full refund of the SA membership fee, less a 10% administration fee (minimum of $5), will be issued upon receipt of a current medical certificate where:
- Membership inclusions
- The SA membership for 2024 grants you access to events within you state association (and where relevant access to enter national and international events pending qualification).
- Insurance – SA membership provides you access to insurance cover for certain activities undertaken whilst engaging in our sports. For full details of inclusions and exclusions related to insurance, please see here
- In agreeing to the 2024 SA Membership terms and conditions, you will adhere to the following:
- All policies outlined on the SA website, including but not limited to: Skate Australia LTD Constitution, National Integrity Framework, Member Protection Policy, Child Safeguarding Policy, Code of Conduct and Privacy Policy
- All determinations and decisions made by SA regarding sport integrity matters.
- Membership Cancellation: Where you breach one or more of these Terms, including but not limited to the standards of behavior set out in Skate Australia policies listed above, SA may in its sole discretion, without otherwise limiting the rights available to it under these Terms or at law:
- Immediately upon written notice to you:
- Terminate your SA membership; or
- Suspend your SA membership for a period of up to three months, as otherwise determined by SA in its discretion.
- Issue a written warning to you.
- Prohibit your entry to, or immediately expel you from a SA event.
- Immediately upon written notice to you:
- If your membership is:
- Terminated by SA under clause 6(a)(i), you:
- Are liable to pay SA any outstanding fees owed
- Are not liable to pay any additional fees other than specified in (i) above; or
- Suspended by SA under clause 6(a)(ii), you will not have access to any of SAs events, facilities, or services for the duration of your suspension.
- Terminated by SA under clause 6(a)(i), you:
- You acknowledge and agree that in the event your SA membership is terminated by SA in accordance with clause 6, you release and indemnify SA in relation to any costs, expenses, actions, suits, proceedings, claims, demands or damages arising directly or indirectly in relation to such termination.
- Change of Rules/Terms and Conditions: SA reserves the right to change, modify or update these Terms, any other rules and/ or terms and conditions relating to your membership. Any such changes will be made with reasonable notice and displayed on the SA website (www.skateaustralia.org.au).
- Risk warning and waiver: Your participation in SA sanctioned activities may involve risks which can result in personal injury, death, or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all the risks involved, including those risks associated with any health condition you may have. By submitting this membership application, you acknowledge, agree, and understand that participation in the services provided by SA may involve risk. You agree and undertake any such risk voluntarily and at your own risk.
- You understand that at any SA event or endorsed activity, you may be photographed and/or videotaped by an authorized or endorsed representative of SA. You acknowledge and agree:
- That any images or likeness captured by SA are owned by SA and that they may be used by SA for promotional or other purposes without my further consent being necessary.
- That you consent to SA using your name, image, likeness, and performance in any SA events, at any time, by any form of media, to promote the event and SA.
- That SA is not responsible for those images or likenesses captured by persons who are not an official or endorsed representative of SA.
- You understand that your membership details are collected by SA for the purpose of conducting and creating your membership permitting you to enter Events conducted by SA including but not limited to identifying participants in an Event, recording results, communicating with you and other participants about Events and to assist SA in improving and marketing its goods and services.
- You understand that your membership details may be provided to third-party contractors for the purpose of data collection to improve Skate Australia services and programming. Data will be deidentified and stored securely.
- You understand that by supplying your e-mail address as part of this application that you consent to receive regular emails from SA to stay informed about events conducted by SA.
- You understand that your personal information is being collected by SA in compliance with the regulations set out in the Privacy Act 1988, as amended (“Privacy Act”), and the Australian Privacy Principles for the purpose of conducting and facilitating my membership of Skate Australia. You understand that if you choose not to share certain personal information that your membership application may be rejected at SA’s discretion. You understand that you can access, change, and update information SA has about you at any time by contacting SA, subject to the terms of the Privacy Act. You understand that SA will endeavor to respond to your request within 30 days, that SA may be contacted during normal working hours via email (admin@skateaustralia.org.au) and that SA will send me a full copy of the Privacy Policy should you require more information. You agree to the sharing of my personal information with SA and its insurers in relation to any incident or personal illness that has reasonable and direct relation to your membership and/or any event that you enter.
- Where you are responsible for and or cause any deliberate damage to property owned by SA, you agree to reimburse SA for the cost of the repair of, or the replacement of SA’s property and acknowledge that SA may terminate my membership.
- Acknowledge that your State Member and/or parent body may apply additional terms and conditions in relation to your registration, including, but not limited to the collection of further information.
- Where you provide your contact details, you agree that the information is current and accurate at the time of membership registration and will be updated by you as required within one (1) month of any change.
Declaration: Skate Australia LTD. (SA) has a duty of care to its members and to the public who interact with its employees, volunteers, members, and others involved with SA activities. As part of this duty of care and as a requirement of SA’s Member Protection Policy, SA must enquire into the background of those applying for, undertaking, or remaining in any work (paid or voluntary) that involves working with people under the age of 18 years. At SA’s discretion, we may require any member over the age of 18 to undertake a Working with Children Check. Therefore, we require all members to confirm the declaration below:
-
‘I do not have any criminal convictions or findings of guilt for offences involving sexual activity, act of indecency, child pornography.’
-
‘I do not have any criminal charge pending before the courts. I have not had any disciplinary abuse or child proceedings brought against me by an employer, sporting organisation or similar body involving child abuse, sexual misconduct, or harassment, acts of violence, intimidation, or other forms of harassment.’
I declare I agree to the above statements and comply with Skate Australia’s requirements for involvement in SA activities.
Skate Australia membership is a calendar year 1 January to 31 December. All memberships expire on 31 December annually.
Ballarat Roller Derby League
Terms of Participation
In consideration of being allowed to participate in any practices, competitions, or related events and activities of Ballarat Roller Derby League, the undersigned acknowledges, appreciates and agrees that:
1.1. The risk of injuries from activities involved in this program is significant, including the potential for permanent paralysis and death, and while strict rules, equipment and personal discipline may reduce such risk, however the risk of serious injury remains; and, the participant knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the releases or others. The participant assumes full responsibility for their participation. The participant may not skate without relevant insurance.
1.2. This waiver, release and discharge shall be and operate separately in favour of BRDL and all shires, government departments, persons, corporations and bodies involved or otherwise engaged in promotion or staging any activity or event and the servants, agents, representatives and officers of any of them.
1.3. The participant further acknowledges and agrees that they have undertaken the activity freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and their executors.
1.4. The participant has read and understands this waiver of the participant’s legal rights.
2. The participant agrees:
2.1. to the terms and conditions contained in this waiver in consideration of and as a condition of acceptance of the participant's entry into any activity.
2.2. to comply with the Code of Conduct stipulated by Ballarat Roller Derby League.
2.3. that this agreement shall be construed in accordance with the laws of the Commonwealth of Australia and the State of Victoria.
3. The participant acknowledges:
3.1. they must disclose all information requested in any participation agreements.
3.2. they have sole responsibility for the safety and security of the participant’s athletic equipment and other personal belongings during any league activities (for example skates, wrist guards, elbow and knee pads, helmet and mouth guard).
3.3. they have received advice that it is highly recommended to obtain private health insurance, in addition to the cover provided with Skate Australia membership. The participant is aware that the Personal Accident insurance cover provided with Skate Australia membership is not fully comprehensive.
3.4. the importance of instruction given regarding playing techniques, training, rules of the sport, or to the team rules, and will obey these instructions.
3.5. they must not participate in any activities under the influence of alcohol or illegal drugs. If the participant is prescribed medication by a certified medical physician, which may impair judgment or affect her or his ability to participate in strenuous activity, they must seek medical consultation about their ability to participate in athletic activities, inform the coaches and team coordinators of Ballarat Roller Derby League of the medical condition, and opt not to participate if there are risks to the participant's health or safety or the safety of other participants.
3.6. they must behave in a respectful manner to both persons and property when participating as a spectator and that behaviour which could potentially lead to intentional or unintentional bodily injury or damage to property will not be tolerated by Ballarat Roller Derby League.
3.7. that additional rules and regulations stipulated by Ballarat Roller Derby League may be posted on the BRDL website, Facebook group or otherwise advised by BRDL and are expressly incorporated in the terms and conditions of this agreement.
4. The participant warrants they are medically fit (physically and mentally) to participate in strenuous on-rink or off-rink activities, and the participant has not received medical advice to the contrary.
5. The participant hereby consents to receive medical treatment that may be considered by Ballarat Roller Derby League to be advisable or necessary in the event of injury, accident and/or illness during any and all activities.
6. Publicity Release I hereby unconditionally assign to Ballarat Roller Derby League all right, title and interest I may have in any and all audio, audiovisual and photographic recordings of me in any events and grant to BRDL permission to use, display, license, sell and publish or otherwise deal with the audio, audiovisual and photographic recordings of me, including for the purpose of advertising, promotion or otherwise. I further agree that any such recordings shall remain the property of BRDL.
This Waiver and Release extends to and includes all activities conducted by, or organised by BRDL, including but not limited to, derby bouts, skating and fitness classes and travelling to and from classes and events.
Warning under the Fair Trading Act 1999 (Vic)
Under the provisions of the Fair Trading Act 1999, several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:
(a) Rendered with due care and skill;
(b) As fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances;
(c) Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under s 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights as set out in this form does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004. Limitation of liability in relation to supply of recreational services as per TRADE PRACTICES ACT 1974 - SECT 68B:
(1) A term of a contract for the supply by a corporation of recreational services is not void under section 68 by reason only that the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying:
(a) the application of section 74 to the supply of the recreational services under the contract; or
(b) the exercise of a right conferred by section 74 in relation to the supply of the recreational services under the contract; or
(c) any liability of the corporation for a breach of a warranty implied by section 74 in relation to the supply of the recreational services under the contract; so long as:
(d) the exclusion, restriction or modification is limited to liability for death or personal injury; and
(e) the contract was entered into after the commencement of this section.
I have read this release of liability and assumptions of risk agreement, fully understand its terms, and understand that I have given up substantial rights by signing it, and do so freely and voluntarily without any inducement.
I acknowledge that BRDL as a league, is open to membership from skaters of all genders, and that in special circumstances skaters aged 16-18 may participate in adult training sessions, with approval from BRDL Coaches, Committee and Skate Australia.
I accept that if I do not wish to skate with any individuals, I am able to sit out of sessions or drills where they are involved or where appropriate, move myself to participate in drills and sessions not involving these individuals.
If I have any concerns about my own, or another skaters safety during any BRDL activity, I will contact a skater representative, a BRDL level coach or a member of the BRDL committee.