COACHING, PRODUCTS & SERVICES
TERMS & CONDITIONS
By purchasing our products and services you agree to abide by the terms and conditions specified herein –
1.1 “Services” means all tennis coaching, programs, training sessions, competitions, events, equipment services and related activities conducted by Astuzia Tennis.
1.2 “Participant” means any person engaging in the Services.
1.3 “Guardian” means a parent or legal guardian of a Participant under 18 years of age.
1.4 “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2.1 By booking, paying for, or attending any Services, you agree to be bound by these Terms.
2.2 Where the Participant is under 18, the Guardian accepts these Terms on their behalf.
2.3 These Terms constitute a legally binding agreement.
3.1 Our Services come with guarantees that cannot be excluded under the ACL.
3.2 Nothing in this Agreement excludes, restricts, or modifies any rights under the ACL.
3.3 To the extent permitted under section 64A of the ACL, liability for breach of a consumer guarantee is limited to:
(a) the resupply of the Services; or
(b) payment of the cost of having the Services supplied again.
4.1 All bookings must be made through authorised channels.
4.2 Fees must be paid in full prior to participation unless otherwise agreed.
4.3 Failure to pay fees may result in suspension or cancellation of Services.
4.4 All fees are non-transferable unless agreed in writing.
5.1 All lessons require a minimum of 48 hours’ notice for cancellation.
5.2 Late cancellations or non-attendance may result in forfeiture of fees.
5.3 Regardless of circumstance, lessons are non-refundable, however a credit can be applied.
5.4 Refunds or credits can be granted at our sole discretion.
6.1 We may cancel, reschedule, relocate, or credit sessions due to poor and/or unsafe weather conditions.
6.2 All weather-related decisions are at our sole discretion.
6.3 If your session is cancelled due to poor weather, you will receive a txt message prior to your lesson advising of the cancellation. If you have not received a txt message, your lesson is to proceed.
Nb. It is always best to attend your session if unsure.
6.4 If your session is cancelled you will receive an email from us providing you with options to reschedule your lesson. Credits may only apply in special circumstances.
6.5 If your lesson has commenced and poor weather during your session has caused the courts to be unsafe or unplayable your lesson may be completed with our indoor program.
6.6 If you cannot attend your lesson, you must let us know at least 48hrs prior to the commencement of your lesson in order to receive a make-up lesson. To organise your make-up lesson please email coaching@astuziatennis.com.
6.7 If you cannot attend due to an emergency, you must email coaching@astuziatennis.com to establish whether we can organise a make-up lesson for you.
7.1 The Participant warrants they are medically and physically fit to participate.
7.2 The Participant/Guardian must disclose all relevant medical conditions.
7.3 The Participant agrees to comply with all safety directions.
7.4 The Participant consents to receiving first aid or emergency treatment if required.
8.1 Participation in tennis and associated activities involves significant risks, including but not limited to:
(a) physical injury;
(b) falls, collisions, or equipment-related incidents;
(c) environmental risks such as heat exposure.
8.2 The Participant acknowledges these risks may result in serious injury or death.
9.1 This clause applies to recreational services as defined under the Competition and Consumer Act 2010 (Cth) and relevant Victorian legislation.
9.2 To the extent permitted by law, the Participant agrees that Astuzia Tennis is not liable for:
(a) death;
(b) physical or mental injury;
(c) aggravation of an existing injury;
(d) any other loss or damage arising from participation in the Services.
9.3 The Participant acknowledges this waiver is intended to exclude liability for failure to comply with a guarantee under the ACL where such exclusion is permitted for recreational services.
10.1 The Participant agrees to indemnify and hold harmless Astuzia Tennis, its directors, employees, and contractors from any claims, demands, or liabilities arising from:
(a) breach of these Terms;
(b) injury, harm or death caused directly or indirectly of the services provided;
(c) negligent or reckless conduct by the Participant.
11.1 Participants must behave respectfully and safely at all times.
11.2 We reserve the right to remove any Participant for misconduct without refund.
12.1 We comply with Victorian Child Safe Standards.
12.2 Guardians are responsible for drop-off and collection of minors.
12.3 We are not responsible for supervision outside scheduled session times.
12.4 All coaches are required to have a valid WWC accreditation.
13.1 The Participant consents to the use of images or recordings for promotional purposes unless withdrawn in writing.
14.1 We are not responsible for loss or damage to personal property.
15.1 Our coaches are required to hold their own liability insurance.
15.2 Participants are responsible for their own personal accident insurance.
16.1 Personal information is handled in accordance with the Privacy Act 1988 (Cth).
17.1 We may suspend or terminate Services for breach of these Terms.
17.2 No refund is payable where termination results from Participant misconduct.
18.1 This Agreement is governed by the laws of Victoria, Australia.
18.2 Any disputes will be subject to the exclusive jurisdiction of Victorian courts.
19.1 If any provision is found to be unenforceable, the remaining provisions remain in full force.
20.1 Cancellation of a session by the participant or guardian must be made at least 48hrs before the scheduled session time to be eligible for a rescheduled time.
20.1 Rescheduled sessions are to be arranged by Astuzia Tennis.
20.1 If products and services have been received and payment has not been made collection and legal recovery may ensure where a costs and default lodgment may occur.
