TENNIS WORLD CONDITIONS (MEMBERSHIP AND COACHING)
1. Tennis Australia Limited (TA) operates the ‘Tennis World’ business (TW) at Melbourne Park, Albert Reserve, Sydney Olympic Park, Canberra Tennis Centre, Millswood Tennis Centre and Launceston Tennis Centre (each, a ‘Venue’). These conditions govern membership packages (Membership) and tennis coaching packages (Coaching) sold by TA at the Venue.
2. At all times while you are attending the Venue you must also abide by TW’s “Terms and Conditions of Entry” (Venue Conditions), copies of which are posted at the Venue and at http://www.tennisworld.net.au/terms-of-use/.
3. At all times while you are attending the Venue you are also bound by other rules or regulations notified to you by TA from time to time, including TA’s Member Protection Policy and other applicable National Policies (posted at http://www.tennis.com.au/about-tennis-australia/reports-and-policies).
4. TA may exclude you from the Venue, or deny you entry, if you breach these Conditions, the Venue Conditions or any other TA rule that applies to you.
CONSUMER PROTECTIONS
5. Nothing in these Conditions shall restrict, exclude or modify or purport to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
FEES
6. You agree to pay all fees due and payable under these Conditions.
7. Unless otherwise agreed with TA and subject to Condition 9, fees for Membership and Coaching are by payable fortnightly instalment in advance by direct debit from a transaction account or credit card. Fees will continue to be debited until you cancel your Membership or Coaching in accordance with these Conditions.
8. Fees for Coaching will not be debited for the intervals between Coaching terms or public holidays.
9. If a scheduled payment of fees is unable to be processed, your Membership or Coaching and access to the Venue will be temporarily suspended until payment is made. You agree:
(a) It is your responsibility to arrange an alternative method of payment to ensure your Membership or Coaching and access to the Venue can resume;
(b) Your fortnightly instalments will continue to accrue while your Membership or Coaching and access to the Venue is temporarily suspended for failed payment; and
(c) TA is authorised to charge you a fee of $10.00 (to cover TA’s administrative and bank fees) and debit this amount from your account or credit card.
10. You authorise TA to debit any outstanding balances from your transaction account or credit card.
11. You must ensure that all non-members you invite to access and use the Venue pay TW guest fees. If your guest does not pay the relevant TW guest fee, this fee will be added to your next scheduled debit. Guest fees are applicable per hour and capped at a maximum of 2 guests per visit.
NEW MEMBERSHIPS
12. All new Memberships are subject to a cooling off period of 7 days. The cooling off period begins on the day you enter into a Membership agreement. You may cancel your new Membership during the cooling off period by written notice to your home Venue via email. In those circumstances, TA will refund any fees for Membership that you have paid, less the cost of any services used within the cooling off period.
13. Administrative costs, including joining fees, are not refundable.
SUSPENSION OF MEMBERSHIP
14. You may freeze your Membership for a minimum period of 14 days (and for no more than 90 days in any one calendar year) by logging into the member portal and freezing your membership, subject to the following provisions:
(a) Frozen memberships incur a fee of $0.33 per day (Freeze Fee). You authorise TA to debit the total Freeze Fee from your transaction or credit card upon completing the action through our portal;
(b) All of your existing bookings during the freeze period will be cancelled;
(c) Freezing cannot be backdated; and
(d) Direct debits will recommence at the end of the freeze period (even if you have not visited the Venue).
15. Coaching cannot be suspended. Refer to Conditions 28 to 30 if you are unable to attend scheduled Coaching sessions.
16. TA will automatically freeze your Membership during Venue closure periods including event periods and Venue maintenance periods. Venue closure periods will be notified to you by TA in advance.
CANCELLATION OF MEMBERSHIP AND/OR COACHING
17. You may cancel your ongoing Membership and/or Coaching by providing 14 days’ written notice to the email address of your home Venue. Upon receipt of a written notice of cancellation and at the expiration of the 14-day notice period, TA will cancel your Membership and/or Coaching provided that you have no outstanding fees due. It is your responsibility to pay any outstanding fees prior to your cancellation date.
18. If you have arranged with TA to pay in advance for a fixed term Membership or a term of Coaching, any pre-paid amounts are non-refundable if you cancel your Membership or Coaching.
19. You may continue to access your Membership or Coaching until your cancellation is finalised (i.e. during the remainder of the fixed term, during the 14 day notice period, and until the end of any remaining debit period you have paid for, as the case may be).
COURT AND CLASS / PROGRAM BOOKINGS
20. Court bookings are limited to one per Member per day. All bookings must be in line with your Membership category.
21. If you make a booking for a court, a class, or a program, you must personally attend the booking (you can bring up to three guests to your court booking). TA may request photo identification for you to attend your booking and if you fail to provide satisfactory photo identification, TA may, acting reasonably, cancel your booking and/or your Membership.
22. Late cancellation or no show to Cardio Tennis, Boot Camps & Competitive Play: You may cancel a booked program through the member portal with no charge up to 6 hours prior to the scheduled program. If you cancel or do not attend after this time, a late cancellation fee (of $10) may be added to your next scheduled debit. Failure to check-in face to face prior to your start time or arriving late will be considered a no show and fees applied.
23. Late cancellation or no show to court bookings: You may cancel a booked outdoor court through the member portal with no charge up to 6 hours prior to the scheduled booking. If you cancel or do not attend after this time, a late cancellation fee (of $10) may be added to your next scheduled debit. Failure to check-in face to face prior to your start time will be considered a no show and fees applied. Indoor court bookings are non-refundable – cancellation of an indoor booking forfeits the booking and cannot be rescheduled.
24. From time to time, TA may have to cancel a booking because of circumstances beyond the reasonable control of TA, including but not limited to weather conditions which, in TA’s opinion, cause the Venue or a court to be unsafe to use. TA’s decision to cancel a booking for this reason is final and you must comply with TA’s directions to leave the court and/or Venue (as applicable). If your booking is cancelled for this reason and you have completed less than half of the booking at the time of cancellation, you will receive a visit pass with a 3-month expiry. Visit passes cannot be refunded, credited or transferred.
TRANSFER
25. You may transfer your Membership to another person, provided that you:
(a) Have no outstanding fees owing to TA; and
(b) Pay a transfer fee of $25 to TA.
26. Coaching cannot be transferred. Refer to Conditions 28 to 30 if you are unable to attend scheduled Coaching sessions.
27. Court, class and program bookings cannot be transferred. Please refer to the cancellation conditions in Conditions 22 and 23.
RESCHEDULING COACHING
28. Subject to Condition 29, TA will not refund or adjust your pre-paid fees if you are unable to attend a scheduled Coaching session. However, in the case of a scheduled private Coaching session, TA may (subject to availability) offer you a make-up visit pass subject to the following provisions:
(a) You must provide 24 hour’s written notice of your inability to attend a scheduled session;
(b) Substitute private Coaching sessions will be in the form of a visit pass with a 3-month expiry. Visit passes cannot be refunded, credited or transferred. Make-up lessons can be booked online no earlier than five days in advance, subject to availability; and
(c) Subject to Condition 29, you will not be offered any more than one substitute Coaching session in each term.
29. If you are unable to attend three or more consecutive Coaching lessons on medical grounds, TA may provide you with more than one substitute lesson in a later Coaching term, in its complete discretion, upon delivery of a medical certificate.
30. If you are absent from a group coaching session, you will not be entitled to a refund for that class or a visit pass or a make up lesson.
31. From time to time, TA may reschedule or modify Coaching sessions due to unforeseen circumstances (for example, illness, weather, or court maintenance). TA will either:
(a) Relocate your session indoors; or
(b) Provide you with a visit pass with a 3-month expiry. Visit passes cannot be refunded, credited or transferred; or
(c) Conduct the session as an ‘off court’ coaching session (no more than twice per term).
PERFORMANCE PROGRAM
32. If your Coaching is provided under the ‘High Performance Program’ and you are unable to attend a scheduled Coaching session due to your participation in a TA-endorsed tournament, you must notify TA at least 7 days prior to the session and TA will make a pro-rata adjustment to your next direct debit instalment to account for the missed lesson.
SCHOOL HOLIDAY TENNIS CAMPS
33. School Holiday Tennis Camps (Tennis Camps) are held during public school holidays. You may enrol in a Tennis Camp via TW’s website (www.tennisworld.net.au) by purchasing a Holiday Visit Pass. Holiday Visit Passes can be redeemed when selecting a camp day.
34. No refunds are provided for cancellations of Tennis Camp enrolments.
35. If you are the parent or guardian of a child participating in a Tennis Camp, you must sign your child in and out for each day of the Tennis Camp. Sign-in opens 15 minutes prior to the start time and sign-out closes 15 minutes after the end time. Additional fees may apply to any late sign outs.
TERMINATION BY TA
36. TA may terminate your Membership or Coaching:
(a) Immediately and without warning if you behave in a way that is dangerous, offensive, intimidating or contrary to law, such as threatening or harassing others, damaging equipment or using illegal drugs;
(b) If you breach these Conditions, the Venue Conditions or any other TA rules and you do not rectify the breach within a reasonable period after TA informs you of the breach in writing; or
(c) If you repeatedly breach these Conditions, the Venue Conditions or any other TA rules.
37. Where TA terminates your Membership or Coaching under Condition 36 TA will refund any remaining fees paid for the debit period, less any administrative fees and the cost of any fitness services used during the debit period.
RESPONSIBILITY FOR MINORS BY PARENTS/GUARDIANS
38. If you are the parent or guardian of a child attending the Venue or participating in a session or Tennis Camp, you acknowledge and agree that TA cannot supervise your child outside the court on which a session or Tennis Camp is taking place (including in the Venue carpark and walking in between courts). You are responsible for the superverision and safety of your child at all times outside of scheduled sessions or Tennis Camps (including when dropping off and picking up minors in your care). You must accompany your child to and from TW reception.
INDEMNITY
39. You acknowledge that tennis and other activities offered or conducted by TA or under its auspices are inherently physical and dangerous activities and that you risk injury in participating in such activities. By purchasing Membership or Coaching, you declare that you (or, if signing as a parent/guardian, your child) are medically able to participate in physical activity, and acknowledge that you understand and accept the inherent risks of undertaking these physical activities. You release and indemnify TA to the full extent permitted by law in respect of any claim, loss, liability or expense arising as a result of or in connection with your (or your child’s) participation in any TA activity. While all efforts are made to ensure your safety, TA takes no responsibility for injury, damage or loss of property.
YOUR IMAGE
40. By accessing or using the Venue, you consent to your (and/or your child’s) image being taken, retained and reproduced by TA and third parties authorised by TA. You acknowledge that all photographs, electronic images, sound recordings, video footage and other records obtained by TA or third parties authorised by TA (Records) shall remain the property of TA. You consent to use of the Records by TA in any way, including but not limited to, social media, printed publications and visual media including but not limited to DVDs, the internet and other electronic formats without any compensation or notice to you. You understand that there will be no restriction as to which Records are used, when those Records are used, or the number of times the Records are used.
PRIVACY
41. From time to time, these third parties may be located, and therefore your personal information may be disclosed, overseas
42. To assist us in the provision of products and services, we need to collect personal information about you (or your child if applicable). When you provide personal information, you consent to the collection, storage, use and disclosure of your personal information in accordance with the tennis privacy statement (https://www.tennis.com.au/privacy-statement) and the tennis privacy policy (available at https://www.tennis.com.au/privacy) which contains information about how you may access and seek correction of your personal information, how you can complain about a breach of your privacy, and how the complaint will be dealt with.
43. If you do not agree, you must not provide your personal information, and you may be unable to access all of our products and services.
44. We may disclose your personal information to other parties, including our related companies, other Australian Tennis Organisations, and third parties who provide us services. From time to time, these third parties may be located, and therefore your personal information may be disclosed, overseas.
GENERAL
45. TA may change your fees regarding Membership or Coaching at any time by providing you with notice. Adjusted fees will take effect 60 days after TA provides you with written notice of the adjustment. If you are adversely affected by the change, you may terminate your Membership or Coaching without penalty within the 60-day notice period.
46. TA reserves the right to modify these Conditions and any other rules relating to your Membership, Coaching or access to the Venue. TA will provide you with 30 days’ notice (by email) of such changes. The most update to date Conditions will be displayed at the Venues and on the TW website (http://www.tennisworld.net.au). If you are adversely affected by any such change, you may terminate your Membership or Coaching without penalty within the 30 day notice period.
WARNING UNDER THE Australian Consumer Law and Fair Trading Act 2012 (Victoria)
If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW (South Australia)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is—
(a) a statutory guarantee that those services will be rendered with due care and skill; and
(b) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
(c) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights
By entering Tennis World, you agree that the liability of TA and the venue owner for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW (For outside South Australia and Victoria)
WARNING: You acknowledge that you engage in the services at your own risk. If you engage in the services, your rights to sue the supplier under the Australian Consumer Law in the event you are killed or injured because the services were not supplied with due care and skill or were not reasonably fit for its purpose, are excluded, restricted or modified in the way set out in or on this form.
EXCLUSION OF GUARANTEES: The guarantees relating to the supply of services contained in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are hereby expressly excluded in respect of the provision of recreational services.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is caused by reckless conduct on the supplier’s part. “Reckless conduct” is defined in section 139A of the Competition and Consumer Act 2010.
Welcome to Tennis World! By entering and/or using Tennis World venue or facilities, entrants agree to abide by the following conditions:
WARNING: If the Entrant participates in activities at Tennis World, your rights to sue TA under the Australian Consumer Law in the event you are killed or injured because the activities were not supplied with due care and skill or was not reasonably fit for its purpose, are excluded, restricted or modified in the way set out in or on this form. EXCLUSION OF GUARANTEES: The guarantees relating to the supply of services contained in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are hereby expressly excluded in respect of the provision of recreational services. NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is caused by reckless conduct on the supplier’s part. “Reckless conduct” is defined in section 139A of the Competition and Consumer Act 2010