As a Parent/Guardian enrolling your Child into a Movement Monkeys Sports Program you agree, on your Child’s behalf, to the conditions set out below:
You consent to your Child participating in Movement Monkeys Sports Programs. You acknowledge that your Child will be exposed to certain risks when participating in Movement Monkeys Sports Program including, but not limited to, physical injury.
You authorise any representative of Movement Monkeys Sports Program to obtain any medical assistance, treatment and transport for your Child as deemed reasonably necessary. You consent to any such medical treatment and/or transportation for your Child. You acknowledge and agree that you will be responsible for any costs associated with any such medical treatment and/or transportation.
You agree that your Child is required to follow all lawful instructions and directions of Movement Monkeys Sports Program while participating in our Program.
You consent to Movement Monkeys Sports Program and corporate sponsors, recording and photographing your Child’s participation in Movement Monkeys Sports Program. You agree that any such photographs, electronic images, sound recordings or video footage may be used by Movement Monkeys Sports Program and corporate sponsors, in resources and reports, or promotional, advertising or marketing materials, without any further notice or payment to your Child or yourself.
In consideration of your Child’s participation in Movement Monkeys Sports Program, to the extent permitted by law, you agree to release and discharge Movement Monkeys Sports Program and its directors, employees, coaches, instructors and volunteers, from all liability in respect of any loss or damage your Child may suffer. Without limiting the foregoing, you also agree to release, defend, hold harmless and indemnify Movement Monkeys Sports Program and its directors, directors, employees, coaches, instructors and volunteers from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising or incurred as a result of or in connection with your Child’s participation in Movement Monkeys Sports Program. You understand and agree that Movement Monkeys Sports Program requires the information obtained in connection with your Child’s participation in Movement Monkeys Sports Program to organise and administer Movement Monkeys Sports Program and for related purposes including providing you with information in relation to Movement Monkeys Sports Program, and promotional offers from Movement Monkeys Sports Program and its corporate sponsors. You understand that Movement Monkeys Sports Program or/and it’s corporate sponsors may use the information.
1.1 “Guardian” means the person / persons who attend the program or any part of it, with the Child.
1.2 “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract.
1.3 “Movement Monkeys Sports Program” means the company or person with whom you have entered into this agreement.
1.4 “Program” means the program you are attending or enrolling your Child in.
1.5 “Enrolment/Registration Form” means the form relating to the enrolment or re-enrolment of the Child in the program.
1.6 “Fee” means the monetary cost per program as specified on the Enrolment/ Registration Form.
1.7 “Coach” means the individual(s), contracted by Movement Monkeys Sports Program to teach the Program. Whilst every effort will be taken to maintain the consistency of the coaches during the Program, Movement Monkeys Sports Program unreservedly retain the right to change the coaching staff where necessary.
1.8 “Instructor” means the individual(s), contracted by Movement Monkeys Sports Program to teach the Program. Whilst every effort will be taken to maintain the consistency of the Instructors during the Program, Movement Monkeys Sports Program unreservedly retain the right to change staff where necessary.
1.9 “Premises” means the premises where the Program takes place.
1.10 “Child” means the Child attending the Program, whose details are specified by the Parent or Guardian on the Enrolment/Registration Form.
1.11 Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Movement Monkeys Sports Program and the parent/guardian.
1.12 The title “Movement Monkeys Sports Program” where used in this document refers to the Licence running the Movement Monkeys Sports Program you are attending or enrolling your Child in and no other entity in Movement Monkeys Sports Program Pty Ltd.
2. Acceptance of Terms and Conditions
2.1 All agreements relating to the teaching of the Program by Movement Monkeys Sports Program to the Child are subject to these Terms to the exclusion of all other terms and conditions.
2.2 No variation or addition to the Terms shall be binding unless agreed in writing by Movement Monkeys Sports Program and the Parent/Guardian.
2.3 The Terms shall be deemed to have been accepted by the Parent upon accepting them at the time of enrollment/registration, payment of the Fee by or on behalf of the Parent. Payment by the Guardian shall be deemed to have been made on behalf of the Parent.
2.4 The Parent and/or Guardian agree to keep the content of the Movement Monkeys Sports Program confidential and not to copy, video, film and or transmit or use any aspect of the Movement Monkeys Sports Program directly or indirectly. The Parent and/or Guardian agrees not to directly or indirectly manage, operate, organise or assist in the organisation of any business/company etc. which competes with Movement Monkeys Sports Program while the Child is a member of Movement Monkeys Sports Program and for a period of two years from the date of the last lesson/session/term attended by Child and Parent and/ or Guardian.
3. Fees and Payment
3.1 The Parent shall pay the whole Fee to Movement Monkeys Sports Program prior to the Child commencing a Program.
3.2 The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Movement Monkeys Sports Program.
3.3 If the program or program sessions are cancelled as a result of “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds will be given.
4.1 Movement Monkeys Sports Program may cancel this contract at any time before the Child commences the Program for any reason whatsoever. Movement Monkeys Sports Program shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.2 In the event of cancellation by Movement Monkeys Sports Program prior to the commencement of the Program by the Child, Movement Monkeys Sports Program will refund any fees for outstanding programs.
4.3 The Parent/ Guardian understands that they are registering for a whole week, 5 consecutive days, and these sessions are to be used consecutively. If your Child is going to miss a session/day please contact Movement Monkeys Sports Program in advance.
5. Parent’s Responsibility
The Parent warrants and represents that:
The information set out in the Enrolment/ Registration Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Movement Monkeys Sports Program of any change in such information immediately.
When attending the Program, neither the Child nor the Parent and/or Guardian will be suffering from any illness, disease or anything similar thereto.
The Parent acknowledges and agrees that the Child shall be deemed to be under the direction, care and control of the Guardian throughout the Program and the Guardian shall be responsible for the welfare and conduct of the Child throughout the Program and whilst the Child is on the Premises.
The Parent shall indemnify and keep indemnified Movement Monkeys Sports Program against all loss (including loss of profit), liability, costs and expenses which Movement Monkeys Sports Program shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Guardian or the Child.
6.1 In the event that Movement Monkeys Sports Program determines the behaviour of the Child and/or the Parent/Guardian to be unacceptable, Movement Monkeys Sports Program shall be entitled to exclude the Child and the Parent/Guardian (or either of them) from the Program and Premises permanently or for such period as Movement Monkeys Sports Program shall (in its entire discretion) determine.
6.2 The standard of behavior, which is to be regarded as unacceptable at a Program or on Premises, shall be determined by Movement Monkeys Sports Program or it’s coach/instructor/authorised representative.
7. Exclusion of Liability
7.1 Except in the case of fraud and subject to clause 7 below, Movement Monkeys Sports Program, its directors, employees, coaches, instructors and volunteers accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Child or any other party arising directly or indirectly or in any way connected with the attendance of the Child at a Program (or any part of it) or any other act or omission on the part of Movement Monkeys Sports Program or any of its directors, employees, coaches, instructors and volunteers even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Child) that any claim by the Parent or the Child against Movement Monkeys Sports Program or any directors, employees, coaches, instructors and volunteers of Movement Monkeys Sports Program must be brought within 28 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
7.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Child) that the maximum aggregate liability of Movement Monkeys Sports Program to the Parent and/or Child under these terms shall not exceed the Fee or part thereof.
7.4 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Movement Monkeys Sports Program, its directors, employees, coaches, instructors and volunteers or affects the statutory rights of the Parent or Child.
8. Invite a Friend
8.1 To invite a friend, you must provide us a valid email address for a third party (your “friend”).
8.2 You cannot provide Movement Monkeys Sports Program with the same email address twice. Each additional email you provide Movement Monkeys Sports Program must be for a different person.
8.3 Your friend must be: (a) A natural person; and (b) Over the age of 18 years.
8.4 By providing the email address of your friend, you consent to Movement Monkeys Sports Program sending your friend an invitation to enroll their Child/ren into the Movement Monkeys Sports Program on your behalf.
8.5 The email Movement Monkeys Sports Program sends will be sent from the following email address: email@example.com. The email subject will display your name in your friend’s email inbox.
8.6 Movement Monkeys Sports Program will credit your Movement Monkeys Sports Program account $10.00 when your friend enrolls their Child/ren and completes the Enrollment/ Registration Form with program Fee payment through Movement Monkeys Sports Program online enrolment.
8.7 Movement Monkeys Sports Program reserves the right to, at any time, not provide credit to your account where Movement Monkeys Sports Program deem that, at Movement Monkeys Sports Program absolute discretion, you have misused this service.
9.1 Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or registered post or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post and immediately if hand delivered. Movement Monkeys Sports Program does not accept service of documents by email or fax.
9.2 The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.
9.3 The Parent, in agreeing to the terms of this contract, consents to the data overleaf being shared with other companies in Movement Monkeys Sports Program Pty Ltd.
9.4 These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of this Agreement.
. 9.5 This entire agreement shall be governed by Australian Law and shall fall under Australian jurisdiction.