Camp Terms and Conditions

Shaun Brown’s Cricket Coaching

Terms and Conditions for Cricket Camps

Please read these terms and conditions (hereinafter “Terms”) in their entirety.

These Terms deal with some important legal matters including risk and liability. It is important that you read and understand these Terms before confirming your booking

These Terms apply to the services that Shaun Brown trading as Shaun Brown's Cricket Coaching (ABN 77 070 675 716) (hereinafter “SBCC”, “us”, “we” or “our”) provides in the planning, handling and operation of SBCC cricket camps (hereinafter “Camp”).

Before submitting a booking, you will have access to information about the contents of the relevant Camp, either via our website www.cricketcoaching.com.au (“Website”) or via a CampBrochure for the current year (“Camp Information”). This will include all relevant information including schedules, activities, dates and prices. The CampInformation forms part of these Terms. It is your responsibility to review the CampInformation to ensure that you understand it.

If you have not received relevantCampInformation, you should request this before confirming your booking.

By submitting a booking form and paying an initial deposit, you are confirming that you have received theCampInformation, and you are deemed to have agreed to these Terms 

(1) PARENTS AND GUARDIANS

In the event that the person intending to participate in the Camp (hereinafter “Participant”) is under the age of 18 years then a parent or guardian will be required to make the booking and agree to these Terms on their behalf (hereinafter “Guardian”).

Once the booking is submitted and the deposit has been paid, both the child Participant and their Guardian will be deemed to have agreed to these Terms, and will be bound by these Terms.

Throughout these terms, we use words such as “you” or “your” to refer to both the Participant and any Guardian who may agree to these Terms on behalf of the Participant.

Any Guardian who is agreeing to these Terms on behalf of a child Participant hereby:

1. warrants and represents that they have the legal authority to agree to these Terms on behalf of the Participant;
2. warrants and represents that all information they are providing in relation to the Participant is true and correct to the best of their ability;
3. confirms that they understand the contents of these Terms, and have made sure that the Participant understands the contents of these Terms; and
4. confirms that they intend for these Terms to be binding on the Guardian and the Participant, together with their respective successors, heirs, assigns, administrators, executors, next of kin, and legal representatives.

 

(2) THE SERVICES

In relation to the specific Camp which you have booked, SBCC agrees to provide the services, as described in the Camp Information (hereinafter “Services”).

The Services are provided subject to these Terms.

(3) PAYMENT

The fee for your Camp (“Camp Fee”) will be set out in the Camp Information.

You are required to pay the Camp Fee in fullfor your booking to be confirmed.

Payment may be made in one of the following manners:

1. Credit card at the time of booking; or
2. Cheque; or
3. Cash

Your booking is accepted subject to availability. Our Website and/or brochure may not provide up to date information about availability for specific Camps. Payment of the Camp Fee does not guarantee you a place on the Camp. In the event that your chosen Camp is not available you may be offered a place on an alternative Camp, or your Camp Feemay be refunded.

(4) CONFIRMATION OF BOOKING

If you submit a booking, we will send you anemail to confirm we have received your booking request. This email does not confirm your booking. Your booking is not confirmed until we receivepayment of your Camp Fee in full. Once your booking is confirmed, you will be bound by these Terms. These Terms will then constitute a binding contract between you and SBCC.

(5) YOUR DETAILS

In order for us to confirm the Participant’s place on the Camp you must provide all requested details when making your booking.

Necessary details may include full name, date of birth, address, phone number, next of kin and any pre-existing medical conditions which may affect your participation in the Camp.

Failure to provide requested details may result in additional charges or non-refundable cancellation of your Camp.

(6) CANCELLATION BY YOU

We do not provide full refunds for change of mind.

In the event that you wish to cancel your booking, your cancellation must be in writing to us prior to the Camp commencement. Your cancellation will be effective from the day that we acknowledge receipt of your cancellation notice.

Cancellation charges apply. These charges vary depending on how early you cancel your booking. The table below outlines the scale of cancellation charges:

• 0-21 days before the Camp starts- no refund
• 22-50 days before Camp starts – 25% refund
• More than 50 days before Camp starts – 50% refund

 

(7) CANCELLATION BY US FOR INSUFFICIENT NUMBERS

We reserve the right to cancel a Camp if the minimum requirement of 20 participants is not met.

In the event that we should have to cancel a Camp, you can transfer amounts paid to an alternate Camp date and venue or receive a full refund.

We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to travel and accommodation.

(8) MEANING OF FORCE MAJEURE

For the purposes of these Terms, Force Majeure means the happening of an event or circumstance which:

1. is beyond the reasonable control of a party and prevents or delays that party from performing any of its obligations under this contract; and
2. could not have been avoided or overcome by that party by the exercise of reasonable foresight, care and due diligence; and
3. includes both natural and human-caused events, including but not limited to:
   
   1. an act of God including but not limited to earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning or natural disaster;
   2. government action, government order,national emergency, labour shortage, strike, lockout, boycott, work ban or other labour dispute or difficulty; and
   3. acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage, epidemic, pandemic or infectious disease;
   4. hardship due to currency fluctuation; and
   5. change in market conditions or market prices.

 

(9) SBCC DECISIONS REGARDING FORCE MAJEURE EVENTS

We deal with many logistical challenges at our Camps such as large numbers of children and remote locations.

We always aim to give Participants the full Camp experience that they expect, but safety is our first priority.

As a result, we take a precautionary approach to cancellations and emergency events.

For example, in the event of a bushfire, we may not wait for official orders to evacuate before determining that the Camp will be cancelled.

You acknowledge and agree that SBCC may, in its sole discretion, determine that the Camp is cancelled due to a Force Majeure event.

(10) CANCELLATION BY US FOR FORCE MAJEURE EVENT

We may cancel a Camp at any time prior to commencement or while underwayif, due to a Force Majeure event it is not viable for us to operate the planned Camp.

In the event that a cancellation is due to a Force Majeure event, we will provide a credit which may be used towards any other SBCC Camp, tour, personal coaching, or other services.

The credit will be valid for two (2) years from the date that the Force Majeure event ends, and may be used by the Participant or transferred to another Participant.

The credit will be for a value equal to all payments made by you to SBCC as at the date of the cancellation, less any unrecoverable costs which we have incurred. Our unrecoverable costs may include but arenot limited to:

1. deposits tolocal operators, coaches, or other support services;
2. our office, staff, and administration costs in connection with the Camp;
3. our advertising, marketing and ground hire costs, or fees for other facilities;
4. any portion of the Camp that you have already taken part in (for example, if you have taken part in one (1) day of a two (2) day Camp).

We operate on very tight margins so that we are able to provide our Camps at an affordable price. This means that in the event that a Camp has to be cancelled due a Force Majeure event it is highly likely that a significant portion of the payments which you have already made will be unrecoverable.

We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to travel costs or accommodation costs.

(11) PERSONAL CHANGES TO ITINERARY

Our Camps are sold as a complete package, and we are unable to provide any refunds for unused services or unused portions of the Camp, for example, if you join the Camp late, or leave the Camp early.

Participants may only attend the Camp at the designated times. Participants may not be picked up and dropped off at irregular times, unless pre-arranged with SBCC head office.

(12) BOOKING ALTERATIONS BY YOU

In the event thatthe Participant wishes to transfer from one Camp to another, we will attempt to accommodate your requests, but make no guarantees that we will be able to do so.

(13) MATURITY OF CHILDREN AT CAMP

The Guardian hereby acknowledges and understands that:

1. SBCC may be managing 30 or more children at Camp; and
2. SBCC is unable to provide additional or dedicated attention to any individual children; and
3. any child Participant who is at Camp without a parent or guardian must be capable of caring for themselves without significant additional or dedicated attention from SBCC; and
4. any child Participant who is at Camp without a parent or guardian must be mature enough to take personal responsibility for complying with these Terms, including but not limited to clause 14 (Conduct at Camp).

The Guardian hereby warrants that in the Guardian’s reasonable determination, the Participant is mature enough to take personal responsibility for complying with these Terms, including but not limited to clause 14 (Conduct at Camp).

In the event that the Participant is not mature enough to take personal responsibility for complying with these Terms, then the Participant should not attend the Camp.

To the maximum extent permitted by law, the Guardian hereby indemnifies, and keeps indemnified, SBCC together with any employees, agents, officers, representatives, affiliates, and permitted successors and assigns of SBCC, for any loss, damage, or liability, whether direct or indirect, which may arise as a result of the Guardian misrepresenting the Participant’s level of maturity or personal responsibility to SBCC.

(14) CONDUCT WHILE AT THE CAMP

The Camp is run by an SBCC representative (“coordinator”). The decision of the Coordinator is final in relation to all matters likely to affect the safety or well-being of any Camp participant.

At the Camp,the Participant will have the obligation to do the following (hereinafter “Obligations”):

1. Follow all reasonable directions and requests of the Coordinator; and
2. Behave at all times while on Camp in a responsible, respectful and reasonable manner; and
3. Not do anything which puts the safety or wellbeing of other Participants at risk; and
4. Practice good sportsmanship both during and after matches; and
5. Follow all Camp procedures including safety instructions for procedures relating toCovid 19.

In the event thatthe Guardianor the Participant fail to meet any of the Obligations (as described above), then the Coordinator and SBCCcan choose to terminate your involvement in the Camp. In such circumstances, you will not be entitled to any refund or compensation for any unused portion of the Camp.

(15) CAMP ALTERATIONS BY US INCLUDING CHANGES TO HEAD COACHES AND TEST CRICKETERS

We strive to ensure that the Camp is supplied as described on the Website prior to Camp commencement, and we will take all reasonable steps, to the best of our ability, in order to achieve this.

However, on some occasions, for unforeseen reasons or due to circumstances beyond our control, it may be necessary to substitute coaching staff including head coaches or test cricketers with the best available alternative. We reserve the right to amend or change the coaching staff due to local circumstances or events outside of our control.

You acknowledge and agree that the details provided on the Website and/or brochure are indicative only, and that staff may be subject to alteration without prior notice due to local circumstances or events.

You acknowledge and agree that in the event that your Camp is altered due to unforeseen circumstances or conditions beyond our control, then to the maximum extent permitted by law, you will not be entitled to any form of refund or compensation.

(16) AVAILABILITY OF HEAD COACHES AND TEST CRICKETERS

Ourhead coaches and/or test cricketersmay not be present at the Camp at all times. Please refer to our coaching placement list for further details.

(17) WEATHER

You acknowledge that cricket is weather dependant and there is always a risk that weather could affect the schedule of the Camp. While SBCC strives to work around any weather issues so that Participants can spend as much time as possible on the planned cricket activities, sometimes the weather prevents us from doing this. SBCC accepts no responsibility for weather events including but not limited to rain, hail, sleet, snow, extreme heat, extreme winds, or other such weather issues which may interrupt the schedule of the Camp. By booking a place on the Camp, you accept that the Camp schedule may be interrupted or altered as a result of weather issues, and you agree that SBCC will not be liable for any interrupted or altered schedule as a result of these weather issues.

Except for a Force Majeure event, the Camp will go ahead regardless of weather.

In the event of extreme heat (over 38 degrees Celsius), the Heat Policy described below will apply.

In the event of wet weather, the Wet Policy described below will apply.

Except or a Force Majeure event, we encourage all Participants to attend the Camp in the event of extreme heat or wet weather. We do not offer any refunds, partial refunds, or transfers in the event of such weather events.

(18) HEAT POLICY

The following modifications are to be made to the coaching program on days of extreme heat (over 38 degrees Celsius):

1. Introductory talks and head coach’s talks are to be taken inside (where possible) or in the shade on or about the oval in use.
2. Sessions will be limited to around 60 minutes and shall include a drinks break mid way. In effect a day will involveapproximately 3 hours ofactivity with the other 3 hours dedicated to the head coach’s talk and drinks breaks including introductions and conclusions.
3. SBCC will provide cordial and encourages Participants to drink regularly in order to stay hydrated.
4. Participants can at any stage move away from the group (in pairs) and have a drink from our cordial provided.
5. The Coordinator and coaches will be responsible for ensuring the clinic is running to plan and be on alert for Participants affected by heat.
6. During breaks, Participants attending will be asked to rest and no equipment will be made available for activity at this stage.
7. Any Participants who appear affected by heat will have their Guardian contactedso that the Guardian can collect theParticipant for closer observation.

Parents or Guardians may help by doing the following:

1. Ensure the Participant has a wide brimmed hat on.
2. Ensure the Participant has sun screen on.
3. Do not send the Participant to the camp if the Participant is already unwell.
4. Make sure that the Participant has their own drink bottle and encourage them to hydrate at regular intervals.

SBCC, the Coordinator and the coaches reserve the right to determine in their sole discretion that a Participant should not participate in a session due to possible heat stress or dehydration.

In cases of prolonged heat (in excess of 40 degrees Celsius) SBCC may choose to start the program at 8am and conclude at 2pm. SBCC office will contact all Participants should this occur.

The final decision regarding whether it is too hot to attend the Camp on a particular day remains with the Guardian. The Guardian will know the Participant’s individual circumstances and abilities to deal with extreme heat.

(19) WET WEATHER POLICY

Camps will run, even in wet conditions, so participants are advised to attend as normal.

The following general provisions will be made in the event of wet weather:

1. Light drizzle will not stop the program. Rain periods may delay the program but will not stop it as Coordinators will rearrange the program to accommodate rain periods.
2. Most balls are synthetic and will handle wet conditions. All leather balls will be put aside until the wet weather has cleared.
3. Most centre wicket areas are synthetic and may be used during wet conditions. However, if turf is unusable due to the wet weather, Coordinators will move centre wicket areas to the side and make a modified game area.
4. Coordinators will check that the bowlers landing areas and surrounds are not too slippery. Bowlers should also check their landing areas and surrounds before bowling, and if necessary, adapt their technique to the conditions.
5. Internet radar screens are on line at the office so Coordinators will call for constant up dates and will make plans using all available information.

In the event of light rain or rain which is threatening (but not coming down):

1. Coordinators will go straight into activities and spend as little time as possible on warm up and introduction.
2. Coordinators will fit drinks/food breaks and head coaches talks into rain periods as per a cricket match.
3. After rain breaks, Coordinators will get straight back into the normal or modified program.

In the event of heavy rain with no breaks in sight:

1. Participants will be split into groups and will take part in a variety of coach’s discussions and presentations relating to bowling techniques, batting techniques, fielding techniques, match situations, and question and answer sessions.
2. The schedules on subsequent days may be altered (for example, by shortening lunch breaks and drinks breaks) to ensure that all activities can be completed before the end of the Camp.

 

(20) SPECIAL REQUIREMENTS

Please notify us prior to payment, if the Participant has any special needs or requirements including physical, dietary or any other such needs.

We do our best to accommodate any special requirements, and to provide an inclusive environment for all Participants, provided that this does not detract from the development of other Participants.

We have the best opportunity to plan a positive and inclusive Camp, and to ensure that we are equipped to deal with any special requirements, if we are fully informed of them at the time of booking. Any such disclosures will be handled sensitively and for the sole purpose of planning a positive and inclusive Camp.

In the event that you do not disclose any special requirements to us at the time of booking, then we are unable to prepare for them.

We accept no responsibility for managing special requirements which have not been disclosed to us.

(21) HANDLING SPECIAL REQUIREMENTS AT CAMP

In addition to notifying us of any special needs or requirements at the time of booking, please notify us of these special needs or requirements on the first day of the Camp.

In the event that the Participant requires any medication (such as an EpiPen), Guardians are to deliver and discuss medication requirements with the Coordinator on the first morning of the Camp.

(22) FOOD AND ALLERGIES

SBCC does not provide any food at the Camp (only cordial).

Participants and Guardians are advised not to bring peanut based food or products to the Camp.

Participants are advised not to share their lunches under any circumstances.

(23) STAFF LIMITATIONS REGARDING FIRST AID

SBCC staff are cricket coaches firstly and employed as such.

In many cases, SBCC staff do not have relevant first aid qualifications in order to inject an EpiPen or administer other relevant first aid procedures. This is especially common for regional Camps.

SBCC office staff can inform you of which Camps have a staff a member that is qualified to inject an EpiPen.

Our safety record at the Camps over the past 30 years is outstanding however the Guardian is the sole judge of whether a particular Camp is safe for their child to attend.

(24) CRICKET EQUIPMENT

If COVID 19 resrictions are in place we will be unable to share cricket equipment on the Camps. This means Participants will then be responsible for providing their own cricket equipment and safety gear.

The following equipment is mandatory for all Camps:

1. Bat
2. Batting pads
3. Gloves
4. Helmet with full face guard
5. Box
6. Sunblock
7. Sun hat
8. Rubber sole cricket shoes for indoor practice and matches on synthetic pitches
9. Wicketkeeper’s pads and gloves (for wicketkeepers only)

The following equipment is optional but highly recommended for all Camps:

1. Thigh guard
2. Inner thigh guard
3. Sunglasses

All equipment should be well fitted and in good condition to ensure it provides adequate protection and functionality.

(25) HOW CAMPS RUN

Once a Participant’s booking is confirmed, the Participant will receive a confirmation letter setting out relevant information relating to the venue, receipt of payment, clinic times and safety issues.

All camps begin with an introduction video which addresses safety, expectations and correct procedures for the camp.

Groups

Participants are placed into groups before the first day of the camp. Groups are formulated by age and best efforts are made to have friends in the same group.

If Participants want to be placed into a group with a friend or team mate,SBCC must be notified of this at the time of booking.

Group sizes - Large Camp

Participants are placed into a group of 12, whichwill join another group to make a total of 24 Participants.

The group coach will take the group of 24to a specialist coach who will then start the session.

The ratio at this point is 2 coaches to 24children (1:12). At any point, this group may be joined by the Coordinator and or the head coach, further improving the coaching ratio.

Group sizes – Standard Camp

Participants are placed into a group of 12 which will have its own coach. At any point the head coach or the Coordinator can move into the session further improving the overall ratio.

Session Structure

Camps run on a rotational basis whereby each group will have a chance to complete all the key sessions over the duration of the Camp.

The exact session structure may vary between Camps, based on the dynamics of the Camp location, the number of participants, and any other relevant factors. Typical sessions may include:

1. Video analysis - batting and/or bowling
2. Bowling net session
3. Batting net session
4. Centre wicket match practice (depending on availability of centre wicket)
5. Centre wicket practice session (depending on availability of centre wicket)
6. Fielding session
7. Modified game
8. Head coaches major talk
9. Running between the wickets (some but not all camps)
10. Fitness (some but not all camps)

 

(26) PLAYER DEVELOPMENT

The Camp is designed as a group junior development opportunity for Participants.

It is the aim of SBCC and all staff at the Camp to share time at each activity evenly between the Participants.

We strive to give all Participants the opportunity to develop their skills while at Camp. However, Participants should not expect constant individual attention from coaches or staff.

Participants will be grouped based on age and ability, according to information they have provided to us.

(27) FITNESS AND HEALTH

Participants must be fit and healthy at the commencement of the Camp.

(28) AUTHORITY

By making a booking and agreeing to these Terms, you authorise SBCC and our officers, employees, agents and representatives (including any coaches and other staff members) to provide first aid, to seek emergency medical support and/or to transport the Participant to a medical facility in the event that the Participant suffers an injury or medical emergency at any time. You acknowledge and accept that you will be responsible for any medical expenses or related expenses that are incurred.

(29) ACCEPTANCE OF RISK

You acknowledge and agree that the Participant’s participation in the Camp involves a significant degree of personal risk, both on and off the cricket field, and that these risks may include but are not limited to death, personal injury, or damage to property.

You also acknowledge and agree that cricket involves a number of specific risks including but not limited to death, head injuries, face injuries, bone fractures, sprains, strains, muscle tears, bruises, abrasions, open wounds, dehydration, heat stress, sun damage, shoulder injuries, back injuries, or other injuries related to overuse as well as any other injuries that may arise through being struck by a ball or bat, or as a result of any obstacles on the cricket field or at the Camp facilities.

Before the Participant participates in the Camp, you should ensure that you are aware of, and properly understand, all of the risks involved in the Camp, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which the Participant may suffer.

By making your booking and paying, you and the Participant acknowledge, agree and understand that the Participant engages or participate in the Camp voluntarily and at their own risk in full knowledge of the risks involved.

If making the booking as a Guardian for the Participant, you acknowledge and agree that you have explained to the Participant the risks involved in the Cricket Camp.

By making your booking and paying, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:

1. Section 5M of the Civil Liability Act 2002 (NSW);
2. Section 5I of the Civil Liability Act 2002 (WA);
3. Section 48 of the Consumer Affairs and Fair Trading Act (NT);
4. Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
5. Section 15 -20 of the Civil Liability Act 2002 (TAS);
6. Section 31 -39 of the Civil Liability Act 1936 (SA);
7. Section 50 of the Wrongs Act 1958 (VIC); and/or
8. Section 13 -19 of the Civil Liability Act 2003 (QLD).

Section 139A of Competition and Consumer Act, 2010 (Cth) permits SBCC to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are making the booking to participate in the Camp).

By making your booking and paying the deposit, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):

1. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue SBCC, its servants and agents, in relation to the Camp and the Services, if they were not provided to you in accordance with any express or implied warranty or guarantee that the Services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
2. You (or the person for whom or on whose behalf you are booking the Camp) release SBCC, its servants and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the Camp and the Services will be provided with reasonable care and skill.

By making your booking and paying, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of SBCC in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:

1. death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. the contraction, aggravation or acceleration of a disease;
4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
   
   1. that is or may be harmful or disadvantageous to you or the community;
   2. that may result in harm or disadvantage to you or the community;
   3. that may be suffered by you (or a person for whom or on whose behalf you are booking the Camp) resulting from the supply of recreational services or recreational activities is excluded.

By making your booking and paying, to the full extent permitted by law, you (andthe person for whom or on whose behalf you are booking the Camp, if applicable) agree to waive and/or release SBCC, its employees, officers, contractors, representatives, servants and agents, from any claim, right or cause of action which you (or the Participant) oryour respective successors, heirs, assigns, administrators, executors, next of kin, and legal representativesmight otherwise have against SBCC, its servant and agents, for or arising out of your or the Participant’s death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to the Participant’s participation in the Camp, whether caused by the negligence of SBCC, its employees, officers, contractors, representatives,servant and agents, or otherwise.

By making your booking and paying, you acknowledge, agree and understand that:

1. SBCC will permit the Participant to participate in the Camp, and provide you with the Services, in part in consideration of you agreeing to be bound by these Terms;
2. SBCC may rely on this document in any proceedings commenced in any Court by you or by your heirs, executors and assigns;
3. The laws of Victoria govern these Terms.

You do not have to agree to exclude, restrict, modify or waive your rights against, or release, SBCC, its employees, officers, contractors, representatives, servants and agents, from any claims by agreeing to these Terms, however SBCC may refuse to allow you to participate in the Camp, or to provide you with the Services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, SBCC, its employees, officers, contractors, representatives,servants and agents, by agreeing to these Terms. Even if you agree to these Terms, you may still have further legal rights.

By making your booking and paying you agree that the waivers and releases contained in these Terms apply for the entirety of the Camp and for any other time(s) you engage with SBCC, until such time as you withdraw or modify your consent in writing or SBCC modifies these Terms with your consent by agreeing to be bound by a new document.

(30) LIMITATION OF LIABILITY

We contract with a network of companies, government agencies, local operators and individuals to assist in the running of our Camps as agent for these third parties. We are not responsible for any acts and omissions of these third parties.

To the maximum extent permitted by law, any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in the Camp, or any breach of these Terms, is excluded.

To the maximum extent permitted by law, you hereby release us and hold us harmless, together with our employees, officers, contractors, representatives, servants and agents, from any liability. You expressly waive any claims you may have against us arising out of or in connection with your participation in the Camp.

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied by law into these Terms (“Implied Warranty”), is excluded.

To the extent that an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):

1. the provision of a similar Camp to an equivalent value; or
2. a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

(31) INDEMNITY

You (and the person for whom or on whose behalf you are booking the Camp, if applicable) on behalf of yourself, yoursuccessors, heirs, assigns, administrators, executors, next of kin, and legal representativeshereby irrevocably and unconditionally, release us, discharge us, indemnify us, and keep us indemnified, together with any of ouremployees, officers, contractors, representatives, servants and agents, from any and allclaims, expenses, causes of action, debts, demands, damages, or other liabilities whatsoever, whether direct or indirect, and whether known or unknown, which we (or ouremployees, officers, contractors, representatives, servants and agents) may incur now or in the future in connection with your breach of these Terms, or the Participant’s participation in the Camp.

 (32) SEVERABILITY

In the event that any term or condition contained in these Terms is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

(33) SURVIVAL

At the termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect.

(34) PHOTOS AND MARKETING

You consent to us using images of you taken during the Camp for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

(35) PRIVACY

Any personal information that we collect about you may be used for any purpose associated with the operation of the Camp or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Camp. We will treat your details in accordance with Australian privacy law.

(36) APPLICABLE LAW

These Terms shall be interpreted in accordance with the laws of Victoria, and the laws of Victoria shall govern these Terms to the maximum extent allowable. Any disputes in connection with a Camp or these Terms must be initiated in the courts of Victoria.

(37) COMPLAINTS AND FURTHER CONTACT

Should you wish to make a complaint in relation to a Camp please notify the Coordinator so that action can be taken immediately.

If the problem(s) cannot be resolved, please submit a letter of complaint within 28 days to us.

SBCC will thoroughly investigate any complaints and report back to the correspondent. Please feel free to contact us if you would like clarification of any of these Terms.

If you wish to submit a complaint, or if you have any questions or concerns about these Terms, please contact us at: Shaun Brown's Cricket Coaching, 59 Mercedes Dr Thomastown 3074.