MyGolf - Participant T&C's
(Last Updated - 22.11.2023)
Definitions Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence. Facility means the entity which is responsible for the conduct of the National Program. As the context requires Facility also includes the location at or from which the National Program will be conducted. GA means Golf Australia Limited. Golf Organisation means and includes GA, its members, the Facility and their respective directors, officers, members, servants or agents. National Program means the MyGolf or Get Into Golf Program(s) conducted by and at the Facility. Participation means performing or participating in any capacity in any activity in the National Program. Rules means all relevant rules and policies relating to the National Program. Terms 1.If my application for entry is accepted by the Facility, I will be a participant in the National Program. I acknowledge my application will be considered and may be accepted or rejected in accordance with the Rules. If accepted I acknowledge that: (a) I will be bound by and agree to comply with the Rules; and (b) the Rules are necessary and reasonable for promoting the National Program. 2.Warning: Participation in the National Program can be inherently dangerous. I acknowledge that I am exposed to certain risks during Participation including but not limited to physical exertion, contact with equipment, wind and weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in Participation. 3.Exclusion of implied terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of the Golf Organisations (or any of them) flowing from them, are expressly excluded by this declaration to the extent possible by law. To the extent of any liability arising, the liability of the Golf Organisations will, at the discretion of the relevant Golf Organisation, be limited to the resupply of the services or the payment of the cost of having the services supplied again. 4.Release & Indemnity: In consideration of being accepted to the National Program I: (a) release and will release the Golf Organisations from all Claims that I may have, or may have had, but for this release arising from, or in connection with, my Participation; and (b) indemnify and will keep indemnified the Golf Organisations to the extent permitted by law in respect of any Claim by any person arising as a result of, or in connection with, my Participation. 5.Fitness to Participate: I declare that I am medically, mentally and physically fit and able to Participate in the National Program. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Facility in writing of any change to my medical condition, fitness and ability to participate. I authorise the Facility Centre or its nominated representative to make such arrangements as are necessary if emergency medical treatment becomes necessary for me. 6.Privacy: By completing this form I consent to GA and the Facility using, disclosing and storing my personal information in accordance with the GA and/or Facility Privacy Policies (Privacy Policy). I understand that the information I have provided in this form is necessary for the proper management of the National Program, administration of Golf and related activities in Australia. The information is collected in accordance with Privacy Policy. GA and/or the Facility may share my information with other Golf Organisations in accordance with the Privacy Policy. The information may also be used to notify me of other events, news and to offer the provision of services, including by third‐party providers, to me. I understand that the Privacy Policy contains information about how I may access, and request correction of my personal information held by GA and/or the Facility or make a complaint about the handling of my personal information and provides information about how a complaint will be dealt with by GA and/or the Facility. If the information is not provided my application may be rejected. I acknowledge that if I do not wish to receive promotional material from Golf Organisation sponsors and third parties I may advise in writing or via the opt‐out process provided in the relevant communication. 7.Insurance: GA has in place certain insurance which covers my Participation. I acknowledge I can also affect and maintain my own insurance in respect of health insurance, personal injury and/or public liability to whatever value I consider necessary. 8.Refund policy: I acknowledge and agree that: (a) a full refund may be given if I have given GA or the Facility sufficient notice and valid reasoning before the National Program commencement date; (b) a partial refund may be issued if a medical condition prevents me from completing the National Program. Any partial refund amount will be calculated based on the number of sessions missed; and (c) all refunds will be at the final discretion of the Facility. 9.Discount codes: I acknowledge and agree that: (a) discount codes cannot be used for any purchase previously made and will be deemed fully redeemed once a qualifying purchase has been made; (b) discount codes have no cash value and no refunds or cash alternative will be offered; (c) GA reserves the right to vary the discount code conditions of use or to withdraw the discount code at any time. GA’s decision is final in all matters relating to this promotion. 10.Use of image: I consent to GA and the Facility, using my name, image, likeness and also my performance during, and in, the Participation at any time to promote the Objects of GA and/or the Facility, by any form of media. I waive any rights I might have to or in such use of my name, image or likeness by GA or the Facility. 11.Intellectual Property (IP): I acknowledge and understand that GA owns the IP in the National Program. I declare that I will not infringe any GA IP rights. 12.Commitment to the Protection of Children and Young People (CYP): I declare that I will seek to protect all other participants in the Program, and particularly CYP, from all Abuse and Child Abuse including grooming. I acknowledge that GA is seeking to create and maintain a CYP safe and inclusive culture in Golf that is understood, endorsed and put into action by all. I agree to use my best endeavours to develop and grow such a culture. I agree to be bound by and comply with the policies in GA’s National Integrity Framework (Policies & By-Laws) including but not only GA’s: • Member Protection Policy • Child Protection Policy • Child Protection Policy – SA addendum and • Complaints, Disputes and Discipline Policy 13.I warrant that all information provided in, and with, this declaration, is true and correct. I acknowledge that this declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by the Facility. 14.Severance: If any provision of this declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction. 15.Governing law: This declaration is legally binding and is governed by the laws and Courts of Victoria.