High Performance Education Australia Pty trading as Eastern Sports Camps (ABN 22 669 421 541) Terms of Condition
These Terms apply to the services that High Performance Education PTY trading as Eastern Sports Camps (ABN 22 669 421 541) (hereinafter “Eastern Sports Camps”, “ ESC” “us”, “we” or “our”) provides in the planning, handling and operation of (hereinafter “Camp”)
This document outlines the terms and conditions governing the supply of products, program, events, and clinics conducted by Eastern Sports Camps to customers. The terms and conditions affect your legal rights. It is important that you read and understand them. By purchasing any of our products/services, you agree to abide by these terms and conditions. Failure to accept these terms and conditions will prevent you from participation or services.
1. Your Status
By placing an order through our company, you confirm that you:
1.1 Are legally capable of entering into binding and purchasing contracts.
1.2 Are at least 18 years old and are the legal parent/guardian of the participant
2. Formation of Contract
2.1. When you place an order, it serves as an offer to purchase a service. We reserve the right to accept or decline orders in accordance with these terms and conditions. After placing an order, you will receive an Order Acknowledgement via email, which confirms receipt but does not indicate acceptance of the order. Acceptance occurs when we dispatch the products unless we notify you otherwise or you cancel the order. 2.2. The Contract will cover only the products that are dispatched, and we are not obligated to supply any other products from your order until they are dispatched.
3. Consumer Rights
3.1. If you are a consumer, you have the right to cancel a Contract within seven working days from the day after receiving the products. In such cases, you will receive a full refund in accordance with our refunds policy. 3.2. To cancel a Contract, you must notify us in writing and return the product(s) to us unopened and in their original condition, at your own expense and risk. 3.3. Detailed information on this statutory right and instructions for exercising it are provided in the Order Acknowledgement. This provision does not affect your statutory rights.
4. Price and Payment
4.1. The prices listed on our site, except in cases of obvious error, are applicable at the time of purchase. 4.2. The prices include GST but may exclude delivery costs, which will be added to the total amount due as outlined in our "Delivery Policy" section. 4.3. Booking fees may apply to services where applicable.
5. Transfer of Rights and Obligations
5.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 5.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. 5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
6. Events outside our control
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). 6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 6.2.1 Strikes, lock-outs or other industrial action. 6.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 6.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 6.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 6.2.5 Impossibility of the use of public or private telecommunications networks. 6.2.6 The acts, decrees, legislation, regulations or restrictions of any government. 6.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
7 Waiver of Default
7.1 In the event that we do not insist upon strict compliance with your obligations under the contract or these terms and conditions, or if we fail to exercise any of our rights or remedies as stated in the contract, it shall not be considered a waiver of such rights or remedies, nor relieve you from fulfilling those obligations. 7.2 Any waiver of default by us shall not constitute a waiver of any subsequent default. 7.3 No waiver of any of these terms and conditions by us shall be effective unless it is expressly stated as a waiver and communicated to you in writing.
8 Release of Images
By participating in this program, you grant permission for your image to be used indefinitely for marketing and promotional purposes. Your image may be reproduced on any Eastern Sports Camps (or associate) social media and promotional materials.
9 Weather
Eastern Sports Camps, reserves the right to reschedule program sessions affected by adverse weather conditions. In the event that you are unable to attend the rescheduled session or camp, we regret that we cannot offer a monetary refund.
10 Entire Agreement
10.1 These terms and conditions, along with any documents explicitly referenced in them, constitute the complete agreement between us regarding the subject matter of any contract. They supersede any previous agreements, understandings, or arrangements, whether oral or written, between us.
11. ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER
11.1 By authorizing Eastern Sports Camps to process payment for any Clinics, Camps, Events, and Program, or if you are under the age of 18, by your parent or guardian authorizing payment, you acknowledge that you have read and understood these terms and conditions. Your participation constitutes an agreement by conduct.
Cancellation, unless compassionate circumstances are approved by Eastern Sports Camps (or specific management staff), we cannot provide a refund for cancellations made after payment. However, depending on your specific circumstances, we may offer you a credit for future events or programs.
Behaviour at Eastern Sports Camps Clinic/Camp/Event/Programs, we prioritize participants' character and expect a high standard of behaviour. Inappropriate behaviour, such as disrupting sessions/camp activities, disregarding group instructions, or mistreating others, will not be tolerated. Offenders will receive one verbal warning, and if the behaviour persists, the Manager (or specific management staff) may ask them to immediately leave the session/camp. In such cases, no refund or credit will be provided.
Injury/Illness If a serious injury or illness jeopardizes your continued participation in the program/camp, you must promptly consult the Manager (or specific management staff). If you need to permanently leave the session/camp for medical treatment, you will receive a credit for future use in an Eastern Sports Camps Clinics/Camp/Event/Programs. A monetary refund will not be available in this circumstance. For minor injuries, we will provide alternative instructions if necessary and direct you to seek treatment and rehabilitation advice from a qualified practitioner. A monetary refund will not be available in this circumstance.
Coaches at Eastern Sports Camps reserves the right to substitute a replacement coach for any or all parts of the program if unforeseen circumstances prevent one of the original coaches from attending the session.
11.2 WAIVER: INDEMITY AND RELEASE
You acknowledge that Eastern Sports Camps’ Clinics/Camps/Events/ Program activities can be physically demanding and carry inherent risks of serious injury. You declare that you are physically capable of participating in the Eastern Sports Camps’ programs without jeopardizing your health, and that there are no medical reasons preventing your involvement. Eastern Sports Camps relies on these assurances to allow your participation. You understand that while participating in Eastern Sports Camps program, both your personal safety and property are your own responsibility. You agree to pay the cost of and authorise Eastern Sports Camps to take all steps it considers reasonably necessary to protect his or her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
As a condition of your participation, you release and indemnify to Eastern Sports Camps, including its employees, volunteers, coaches, and members, from any liability, injury, loss, financial loss or damage (whether direct, indirect, special, or consequential) suffered by you during the Eastern Sports Camps’ clinic, camp, event or program, regardless of how that injury, damage, or loss is caused. This agreement is binding upon and benefits the parties, their successors, administrators, assigns, and personal representatives.
By registering to attend both sessions or by authorizing Eastern Sports Camps to process payment, or if you are under 18, by having your parent or guardian authorises a payment, you acknowledge that you have read and understood this warning and indemnity. You agree to release and hold Eastern Sports Camps and their respective officers, directors, employees, representatives, agents, volunteers, coaches, members, servants, or associates harmless from any liability, suit, or action arising, including acts of negligence, to the fullest extent permitted by law.
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Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.