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PARTICIPANT AGREEMENT TERMS AND CONDITIONS

 

Please confirm your acceptance of this Participant Agreement (“Agreement”), as parent or guardian, or as the participant (as the case may be), by clicking the “Register” option on the registration form.

This Agreement is between: (1) George Cowie Football Pty Ltd (“George Cowie Football” or “we” or “our” or “us”), (2) the person named on the registration form as the participant (“Participant”), and (3) the person named on the registration form as the parent or guardian of the Participant (“Guardian”). Both the Participant and the Guardian must each accept this Agreement by clicking the “Register Now” button option.

 

In this Agreement, the Participant and the Guardian are referred to as “YOU” or “YOUR” and the parties intend and agree that: (a) each reference to YOU or YOUR is a reference to the Participant and the Guardian, jointly and severally, (b) an obligation imposed on YOU is an obligation on the Participant and on the Guardian, jointly and severally, and (c) a consent, waiver, release, agreement or approval given by YOU is a consent, waiver, release, agreement or approval given by the

 

Participant and the Guardian, jointly and severally.

By accepting this Agreement, YOU agree to all of the following terms and conditions pursuant to which George Cowie Football shall provide, described in the accompanying brochure. These terms and conditions apply to the George Cowie Football Tour participant named on the Guest Reservation and Payment Form (the “George Cowie Football”) and the program for George Cowie Football.

 

By accepting this Agreement, YOU are acknowledging limiting terms and conditions waiving certain rights at law that otherwise might be available to YOU.

 

Registrations:

A completed payment fee per Participant, depending on the program chosen (except when otherwise noted in writing by George Cowie Football) and a completed Registration Form (“Registration Form”) are required with this Agreement to reserve space for a George Cowie Football Tour. All prices are in local currency to the tour (AUD ). Except as expressly stated in the brochure, YOU are solely responsible for any George Cowie Football-related costs that YOU incur.

 

Client Cancellation & Refund Policy:

The Client may cancel the booking at any time provided that the cancellation is communicated to George Cowie Football in writing. Cancellation charges will be applied as shown below calculated from the day when written notice is received by George Cowie Football. The more notice that George Cowie Football receives, the less George Cowie Football will charge the Client. However, in addition to the charges shown below many air tickets have no refund value whatsoever and, therefore, airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation charges apply as follows:

Period before departure:

  • Airline tickets 100% of total airline ticket
  • Deposit is non-refundable
  • 59 – 31 days before departure – 50% of total cost of the tour
  • 30 days or less – 100% of total cost

 

Cancellation or Substitution:

We will make all commercially reasonable efforts to keep the schedule as it has been published; however, the final schedule may vary due to factors beyond our control. We may in our sole discretion substitute services or goods of similar quality for any service or good stated in the schedule. We may cancel any George Cowie Football Tour at any time for any reason, including without limitation if we deem the number of participants signed up for a given George Cowie Football Tour to be insufficient to operate such George Cowie Football Tour. If for reasons beyond our control, a George Cowie Football Tour in progress must be interrupted or cancelled, we will in good faith consider refunding a portion of the George Cowie Football Tour Price depending on our actual costs incurred compared to the George Cowie Football Tour as originally contemplated.

 

Certification of Participant’s Health:

YOU represent and certify to George Cowie Football that the Participant does not have any condition or disability that would create a hazard for the Participant or others participating in the George Cowie Football Activities (as hereinafter defined). YOU agree to inform us via certified mail or e-mail sent to info@georgecowiefootball.com (with confirmation of receipt thereof from us) at the time YOU tender YOUR first payment of the George Cowie Football Fee (or at such later time when YOU become aware of such a condition) of any existing physical or mental illness, disability, pregnancy or any other condition for which the Participant may require medical attention or special accommodation during the George Cowie Football. We make no guarantee to be able to accommodate the Participant for such condition during George Cowie Football Tour, and we make no representations or warranties regarding special accommodations or handicap accessibility at the George Cowie Football.

 

Acknowledgement of Hazards:

YOU hereby acknowledge, agree and represent to us that:

  1. playing or practising Football is a potentially hazardous activity;
  2. the Participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the effects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by YOU. Having read this waiver, and knowing these facts, and in consideration of George Cowie Football acceptance of this application, YOU hereby waive and release George Cowie Football and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the Participant’s involvement in Football playing, practising, or training, while registered as a participant and participating in any and all George Cowie Football sanctioned activities, events, practice sessions or social activities at any location (notwithstanding the location where the Participant originally registered) (all hereafter collectively referred to as “George Cowie Football Activities”), including injury, loss or damage which might be caused by George Cowie Football’s negligence;
  3. YOU are aware of the possible risks, dangers and hazards associated with participation in George Cowie Football Activities, including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the Participant or others;
  4. the Participant’s risk of injury increases as the Participant becomes fatigued;
  5. such risks may be caused by the Participant’s own actions or inactions, the action or inactions of others participating in the George Cowie Football Activities, the condition in which the George Cowie Football Activities take place, or George Cowie Football’s negligence; and
  6. there may be other risks and social and economic losses either not known to YOU or not reasonably foreseeable at this time.

 

General Waiver and Release:

In this section, “Affiliate” means, with respect to George Cowie Football, any Person that controls, is controlled by, or is under direct or indirect common control with, George Cowie Football. “Associate” has the meaning given to it in Part 1.2, Division 2 of the Corporations Act 2001. “Claims” means all allegations, threats, claims, demands, causes of action, rights or remedies of any nature whether conferred by or arising under any statute, the common law or equity. “Person” means a natural person, a company, and any other entity or undertaking whether of a legal or quasi-legal character. “Released Parties” means (a) George Cowie Football, its Affiliates, its Associates, its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, partners and representatives, jointly and severally; and (b) those persons that own property used for any George Cowie Football Activity and each of their respective directors, officers, agents, contractors, employees, instructors, trainers, volunteers, members and representatives, jointly and severally.

 

In consideration of George Cowie Football allowing the Participant to participate in the George Cowie Football Activities, and in further consideration of George Cowie Football providing the George Cowie Football Activities, YOU hereby irrevocably: (i) waive any and all Claims that YOU have, or may have in the future, against the Released Parties as a result of or arising in connection with the George Cowie Football Activities; (ii) release the Released Parties from any and all liability for any act or omission by a Released Party that would give rise to a Claim as a result of or arising in connection with the George Cowie Football Activities.

 

The above waiver and release may be pleaded as a full and complete defence by the Released Parties to any Claims made, or legal or other actions or proceedings commenced, continued or taken by YOU (or on YOUR behalf) in connection with or in respect of any of the matters the subject of the waiver or the release. YOU shall indemnify the Released Parties and shall save the Released Parties harmless from and against all costs and expenses (including legal costs on a solicitor and own client basis) suffered or incurred directly or indirectly by the Released Parties in connection with or arising out of any Claims made or legal or other actions or proceedings commenced by YOU (or on YOUR behalf) against a Released Party in respect of any matter the subject of the waiver or the release.

 

Travel Release:

YOU acknowledge that certain George Cowie Football Activities may take place at a location or locations other than George Cowie Football premises.

YOU further acknowledge that: (i) during outdoor trips to other locations, extreme changes in weather or temperatures may result in heatstroke, sunstroke, or hypothermia and where applicable remoteness of location can result in poor communications and inability to get rescue or medical assistance quickly or easily; (ii) in an unfamiliar location, the Participant may become lost, get off course or be separated from the rest of the party; (iii) steep or other dangerous terrain may exist where a fall or other accident may cause injury or death; (iv) risks, injuries and/or death that may result from transportation (all modes or types including but not limited to public or private motor vehicle) incidents/accidents.

If a parent(s) of a minor child (children) has any concerns about transportation to or from an off-site location or any off-site George Cowie Football Activity, such parent shall be permitted to accompany such child (children).

 

No Representation re: Medical Qualifications:

YOU confirm that YOU have been advised that George Cowie Football does not represent that George Cowie Football or any employees or contractors have any level of medical training that would provide assistance to an injured person.

Moreover, George Cowie Football does not maintain medical equipment or apparatus (including but not limited to defibrillators or Epi-pens) which could assist an injured or ill person.

In the event that George Cowie Football is provided with any medical apparatus by or on behalf of a Participant in George Cowie Football Activities, George Cowie Football makes no representation or warranty that any George Cowie Football personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury.

YOU acknowledge that YOU are solely responsible to select and purchase adequate medical/health and travel insurance.

No medical/health or travel insurance will be provided by George Cowie Football.

In the event of a medical/health or travel related problem, George Cowie Football accepts no responsibility for any costs or damages associated with a medical/health or travel related problem nor will George Cowie Football pay for any medical/health or travel related expenses, which may be incurred by my participation in the George Cowie Football Activities.

 

Photography and Likeness Release:

YOU hereby authorise George Cowie Football to allow the reproduction, dissemination, and/or publication of YOUR name and/or likeness (including those of YOUR minor child) for media coverage, public relations, advertising, marketing or any other George Cowie Football promotional or educational purposes.

This may be done in conjunction with YOUR participation in any George Cowie Football Activities and YOU understand and agree that YOU may neither pay a fee to receive individual promotional consideration from YOUR participation in the George Cowie Football Activities, nor will YOU receive any payment for the possible commercial use of YOUR name or likeness.

 

Responsibility/Liabilities:

We act only in the capacity of agent for providing services or goods in connection with George Cowie Football (the “Suppliers”), tour operators, and providers of entertainment. We accept no responsibility and YOU hereby irrevocably release us from all responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of: (1) any act or omission of any of the Suppliers, or (2) any matter beyond our exclusive and actual control. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at the tour locations. YOU are also responsible for respecting the authority and following the directions of the George Cowie Football guide during a George Cowie Football Activity. We may exclude YOU from participating in all or any part of the George Cowie Football Activity if, in our sole discretion, YOUR condition or behaviour renders YOU unfit for the George Cowie Football Activity or unfit for continuation once the George Cowie Football Activity has begun. Unfitness may include, without limitation, any behaviour that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of George Cowie Football services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the George Cowie Football Activity. Should YOU decide not to participate in certain parts of the George Cowie Football or use certain goods included in the George Cowie Football, no refunds will be made for those unused parts of the George Cowie Football Activity or goods. YOU agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of YOUR actions or omissions.

Nothing contained in this Agreement excludes restricts or modifies any condition, warranty, term, guarantee or other obligation in relation to this Agreement where pursuant to applicable law to do so is unlawful or void.

Our sole liability to YOU under or in connection with this Agreement or its subject matter, howsoever arising, in relation to our supply of any goods or services, including any consequential loss which YOU may sustain or incur, shall be limited to: (a) in relation to any goods that we supply to YOU: (i) the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods; or (ii) the repair of the goods or the payment of the cost of having the goods repaired; and (b) in relation to any services that we provide to YOU: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again, as in each case we may elect.

 

Privacy Policy:

In accordance with the Privacy Act (Cth), George Cowie Football has adopted a Privacy Policy dealing with the personal information collected by George Cowie Football from Parents and Participants.

Special Provisions for Guardians:

The Guardian hereby represents and assures George Cowie Football that he/she has read and explained this Agreement to the Participant. The Guardian further acknowledges and agrees unconditionally that this Agreement and the subject matter of this Agreement are in the best interests of the Participant and substantially for the benefit and advantage of the

 

Participant.

The Guardian hereby gives his/her unconditional consent for the Participant to participate in Football activities during the tour program. The Guardian acknowledges and agrees that participation in any Football event is done at the Participant’s own risk.

The Guardian understands that George Cowie Football. will complete required accident insurance forms, after which all claims under insurance policy, or policies, for injuries received while participating in the program activities and events, shall be processed by the Participant, his/her Guardian through the company handling the Participant’s insurance claim and not through George Cowie Football itself.

The Guardian hereby accepts financial responsibility for personal items lost by the Participant.

The Guardian authorizes George Cowie Football to transport and to obtain, through a physician of its own choice, any emergency medical care that may become reasonably necessary for the Participant in the course of such activities/events or such travel. The Guardian also agree that the expenses for such transportation and treatment shall not be borne by George Cowie Football. The Guardian accepts full responsibility and hereby grants permission for the Participant to travel on any tour-related trip by coach or car.

 

Illegal Substances:

Notice is hereby given that possession or sale of controlled substances by any participant is grounds for expulsion of the program. Participant possession of or being under the influence of alcoholic beverages, and/or hallucinogenic drugs or combinations of drugs or substances having hallucinatory effects, marijuana, or under the influence of glue or other drugs or combinations of drugs or drug paraphernalia expressly prohibited by federal, provincial, or local laws, including prohibited substances which shall include those substances possessed, sold, and/or used that are held out to be, or represented to be, controlled substances, illegal substances, or counterfeit in any respect illegal or controlled substances is grounds for expulsion from the remaining of the summer program and referral to proper law enforcement agencies. The Parent will be immediately notified to pick up the Participant. In none of the foregoing cases, shall the fee paid for the program be reimbursed, in whole or in part.

Further notice is hereby given that possession of prescription drugs, or any other over-the counter medication, not specifically ordered for the Participant by a physician or the participants parent or guardian is grounds for expulsion from the remaining of the program. The Guardian will be immediately notified to pick up the participant. The fee paid for the program will not be reimbursed, in whole or in part.

 

I, as parent or guardian , accept this agreement: by clicking on the “Register Now” button back on the sign-up registration form.

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