Terms and Conditions - The Red Zone

COACHING TERMS AND CONDITIONS

1. INTRODUCTION

(a) The Red Zone RL Group Pty Ltd (ACN 638 487 215) as trustee for the RZ Trust (ABN 77 688 103 115) (The Red Zone) provides preseason group training, high performance training and one-on-one coaching for rugby league players (Training Sessions). These terms and conditions (Terms) govern The Red Zone’s supply of the Training Sessions to you.

(b) If you are a parent or legal guardian (Client, you or your) entering into these Terms on behalf of a child who is under 18 years of age (Player):

(i) you indemnify and hold harmless The Red Zone for any claim attempted to be made by the Player on the basis of a claim that the Player is a third party to these Terms (and otherwise indemnify The Red Zone in accordance with these Terms); and
(ii) you consent to the Red Zone engaging with the Player for the purpose of providing the Training Sessions as set out in these Terms.

(c) If you are over 18 years of age, the words Player and Client both refer to you. Any phrasing in these Terms that implies you bear an obligation in relation to someone else is to be disregarded and interpreted as if the obligation applies to you both as the Player and the Client.

(d) Capitalised words and phrases used in these Terms have the meaning given to that word or phrase by the word immediately preceding any bolded and bracketed word(s) or phrase(s).

2. AGREEMENT

(a) By making a booking for a Training Session through https://redzonerugbyleague.com/ (Website) or otherwise making payment for a Training Session to The Red Zone (Booking) the Client:

(i) agrees to be bound by these Terms; and
(ii) warrants they are authorised to use the debit or credit card used to make a Booking.

(b) Making a Booking or otherwise making payment for a Training Session constitutes the Client’s intention and offer to enter into a binding legal agreement, where The Red Zone will provide the Client with the Training Session they have purchased in exchange for payment of the Fees (defined in clause 7(a)). An agreement is not formed until the Client receives an email or other written notification from The Red Zone confirming the Client’s Booking.

(c) The Red Zone may change these Terms at any time by updating this page of the Website, and the Client’s continued use of the Website following such an update will represent an agreement by the Client to be bound by the Terms as amended.

3. ACCOUNT

(a) To make a Booking for a Training Session, you may register an account through the Website (Account).

(b) As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by The Red Zone from time to time.

(c) You warrant that any information you give to The Red Zone, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) The Red Zone may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

4. TYPES OF TRAINING SESSIONS

(a) The types of Training Sessions offered by The Red Zone, including fees and details of inclusions, are as set out on the Website from time to time or as communicated to the Client in writing.

(b) Through the Website, different types of Training Sessions are available for purchase which include:

(i) one-on-one coaching sessions (One-on-One Session); and
(ii) pre-season group training and high-performance clinics (Group Session).

As part of purchasing a Group Session The Red Zone may also give you access to The Red Zone’s mobile application (App). Your use of the App may be subject to additional terms and conditions that you must accept in order to order use the App.

5. DISCLAIMERS

(a) (Risk of injury) You understand and acknowledge that participating in a Training Session involves the potential for the Player to suffer physical injury, which may be serious or disabling. Participation in the Training Session is at the Player’s own risk with full knowledge of the dangers involved, including risk of physical injury, injury from equipment use, injury from contact with other players, muscle and ligament strains, bruising, aggravation of a pre-existing injury, broken or fractured bones, illness due to the effects of the weather, including high heat and/or humidity, or even death.

(b) (Pre-existing injury) If the Player has any pre-existing injury, medical condition or illness, you must inform The Red Zone before the Player participates in a Training Session. If participating in a Training Session might increase the Player’s risk of further injury, or it is unsafe to the Player, the Player must not participate in the Training Session. If the Player does participate in the Training Session, they participate entirely at their own risk.

(c) (Personal circumstances) As physical exercise can be strenuous, The Red Zone urges the Client to consider if the Training Session is right for the Player, having regard to their personal circumstances, including any health conditions and physical fitness. The Client agrees that when a Player participates in the Training Session they participate entirely at their own risk.

(d) (Results not guaranteed) The Red Zone makes no representations or warranties that a Training Session will bring about any particular result, outcome or improvement. You acknowledge and agree that participation in a Training Session does not guarantee any particular result or outcome and that results differ for each Player depending on personal circumstances.

(e) (Not medical advice) All information and recommendations provided by The Red Zone, including information that is provided by The Red Zone personnel in the course of providing a Training Session, on the Website or via email or over the phone, is general in nature and is not intended to be professional advice, medical diagnosis or treatment of any kind and should not be relied upon as such. Any reliance on or use of such information is entirely at your own risk and The Red Zone are not liable for any loss or damage suffered as a result of or in connection with such reliance.

(f) (Consult medical professional) The Red Zone highly recommends consulting a medical professional before participating in any Training Session, particularly in circumstances where the Player has a pre-existing medical condition, illness or injury that may place the Player at a greater risk of suffering an injury.

6. ONE-ON-ONE SESSIONS AND GROUP SESSIONS

6.1 BOOKING

(a) Once you have made a Booking for a Training Session, you will receive an email from The Red Zone confirming the time, date and location of the Training Session you have purchased.

(b) It is your responsibility to ensure that the Player attends the Training Session at the specified time, date and location.

6.2 PRE-TRAINING QUESTIONNAIRE

(a) Prior to participating in a Training Session, you will be required to complete a pre-training questionnaire (Questionnaire). You warrant that any information you provide to us about the Player in a Questionnaire will be accurate, honest and up-to-date.

(b) You acknowledge and agree that:

(i) the program of a Group Session is not developed for the specific requirements or needs of an individual Player; and
(ii) The Red Zone will not modify or amend a Group Session as a result of any information provided in the Questionnaire, including any pre-existing injuries, medical condition or illness a Player may have.

6.3 GENERAL REQUIREMENTS

(a) (Waiver) All Players, or the Player’s parent or legal guardian (if under the age of 18), must sign a waiver of liability before taking part in any Training Session (Waiver) and once signed, the Waiver will be incorporated into and form part of these Terms. You acknowledge and agree that receipt by The Red Zone of a signed Waiver is a precondition to the Player participating in a Training Session.

(b) The Waiver is intended to be as broad and inclusive as is permitted by the law of Queensland, Australia. All provisions of the Waiver are severable so that if any provision is held to be invalid the remainder shall remain in full force and effect.

(c) (Clothing) All Players must wear suitable clothing and rugby boots to a Training Session. The Red Zone reserves the right to cancel the Player’s Training Session if The Red Zone determine their clothing or footwear are unsuitable, and you will not be entitled to a refund of the Training Session.

(d) (Behaviour) Players must participate in a Training Sessions in a safe and respectful manner, and in accordance with any instructions provided by The Red Zone personnel and must not be disruptive or inappropriate.

6.4 MEDICAL

(a) You are responsible for ensuring that the Player has all prescribed medications, such as for asthma or diabetes, which the Player may require from time to time, on their person at all times while participating in the Training Session.

(b) You acknowledge and agree that in the event the Player suffers an accident or injury while participating in the Training Session, first aid may be administered to the Player and emergency services may be called at your cost.

6.5 HEALTH AND SAFETY DURING TRAINING SESSION

The Player warrants that they must:

(a) comply with all safety guidelines, instructions and/or rules that The Red Zone provide to the Player in relation to participating in the Training Session;

(b) stop participating in any Training Session and alert The Red Zone immediately if the Player has any concerns about their health or safety during the Training Session or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Training Session;

(c) use all equipment provided by The Red Zone in a Training Session in accordance with The Red Zone’s safety guidelines and instructions;

(d) not participate in a Training Session under the influence of alcohol or illicit substances;

(e) not participate in a Training Session if ill, injured or otherwise feeling unwell; and

(f) warm-up prior to participating in a Training Session.

6.6 PHOTOS AND VIDEOS OF PLAYER

(a) The Red Zone may photograph or record any part of a Training Session, including taking group or individual photos or video footage featuring the Player (Media).

(b) Subject to your written consent:

(i) The Red Zone may use the Media and the Player’s image/s for the purpose of marketing and promotional material, including using the Media on The Red Zone’s website, social media pages and other channels;
(ii) you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
(ii) you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Player may have against us.

7 PAYMENT

(a) You must pay the fees (Fees) for the specific Training Session you have chosen in the amounts and at the times set out on our Website or as otherwise agreed with you in writing.

(b) All Fees on our Website or otherwise advised to you are:

(i) in Australian Dollars; and
(ii) subject to change prior to you completing a Booking without notice.

(c) Unless otherwise agreed in writing:

(i) if The Red Zone issues an invoice to you, payment must be made by the time specified in such invoice; and
(ii) in all other circumstances, you must pay for all Training Sessions prior to participation.

(d) (Payment Plan) If you select the payment plan option at checkout on the Website, you agree that all payment instalments must be paid prior to participating in the first Group Session.

(e) (GST) Unless expressly indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply The Red Zone, you must pay the GST subject to The Red Zone providing a tax invoice.

(f) (Card Surcharge) The Red Zone reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(g) (Online Payment Partner) The Red Zone may use third-party payment providers (Payment Providers) to collect payments for Services, including Stripe and Paypal. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms and privacy policy of the Payment Provider and The Red Zone is not liable for the security or performance of the Payment Provider. The Red Zone reserves the right to correct, or to instruct our Payment Provider to correct, any mistakes in collecting your payment.

8 REFUNDS, CANCELLATIONS AND RESCHEDULING

8.1 refunds

You acknowledge and agree:

(a) that the Fees (including any deposit) are non-refundable for change of mind; and

(b) that no refund will be given (including for a deposit) where a Training Session is unused or missed by a Player for any reason, including where a Player is sick or injured.

8.2 ONE-ON-ONE SESSION

(a) If you notify The Red Zone that you would like to reschedule a One-on-One Session:

(i) at least 24 hrs before the One-on-One Session is to take place, The Red Zone will liaise with you to reschedule the Training Session; or
(ii) less than 24 hrs before the One-on-One Session is to take place, The Red Zone will not reschedule the Training Session and you will not be entitled to a refund for that Training Session.

(b) In any event, if you need to reschedule a One-on-One Session due to the Player being sick or injured, please let The Red Zone know as soon as possible. The Red Zone will then discuss options with you and come to a resolution at The Red Zone’s sole discretion.

8.3 GROUP SESSION

If the Player is unable to attend a Group Session due to sickness, injury or another reason, The Red Zone will offer you a makeup session at another date, time and location.

8.4 UNSUITABLE WEATHER CONDITIONS

The Red Zone may need to cancel and reschedule a Training Session as a result of unsuitable weather conditions. Cancellation due to unsuitable weather conditions is at The Red Zone’s discretion, and The Red Zone will endeavour to notify you of such cancellation around 2 hours before the Training Session start time.

8.5 CANCELLATIONS BY THE RED ZONE

(a) The Red Zone reserves the right to reschedule a Training Session at any time, including as a result of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control. The Red Zone will notify you as soon as possible if it needs to reschedule a booked Training Session (Notification) and will offer you an alternative date and time (Alternative Session).

(b) If the Alternative Session is not suitable, you will have the option to transfer the Fees paid for the Training Session to another Group Session or One-on-One Session (New Session) provided the New Session is within 12 months from Notification.

(c) The Red Zone reserves the right to cancel a Player’s Training Session, provided that upon such cancellation The Red Zone will refund to you any Fees which you have paid for Training Sessions that were not yet held.

(d) If The Red Zone cancels a Training Session because of Player conduct that The Red Zone considers to be inappropriate or disruptive (in breach of clause 6.3(c)) or the Player otherwise breaches any other provision of these Terms, The Red Zone will not refund any Fees.

9 INTELLECTUAL PROPERTY

(a) The Client will not acquire Intellectual Property Rights in any The Red Zone IP under these Terms or as part of receiving a Training Session.

(b) For the purposes of this clause 9:

(i) "The Red Zone IP" means the Material produced, owned or licenced by The Red Zone prior to or developed in the course of providing the Training Session, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material.
(ii) "Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.
(iii) "Material" means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

10 WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.

(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

11 LIABILITY AND INDEMINTY

(Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of The Red Zone to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms is limited to the total Fees paid to The Red Zone by the Client in the 3 months preceding the first event giving rise to the relevant liability.

(Indemnity) The Client agrees at all times to indemnify and hold harmless The Red Zone and its officers, employees, agents and contractors ("those indemnified") from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Clients’:

(i) breach of these Terms; or
(ii) negligent, fraudulent or criminal act or omission.

(Consequential loss) The Red Zone will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by The Red Zone, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

(Limitation of liability and indemnity for personal injury and death) Despite any other provision of these Terms and to the maximum extent permitted by law, The Red Zone is not liable to the Client for any personal injury or death suffered by the Player for any reason, including injury caused by or as a result of another player whether accidental or malicious. In addition, the Client indemnifies and holds harmless The Red Zone and its officers, employees, agents and contractors ("those indemnified") from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified for any personal injury or death caused by the Player to another player whether accidental or malicious.

12 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

13 FORCE MAJEURE

(a) If The Red Zone becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, The Red Zone must give to the Client prompt written notice of:

(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which The Red Zone will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 13 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Red Zone must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of The Red Zone;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of The Red Zone, to the extent it affects The Red Zone’s ability to perform its obligations.

14 NOTICES

(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.

15 GENERAL

(a) (Governing Law and Jurisdiction) These Terms are governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(b) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(c) (Severance) Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

(d) (Cost) Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with performing these Terms.

(e)(Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

(f) (Entire Agreement) These Terms embody the entire agreement between the parties.

16 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(c) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(d) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(e) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(f) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(g) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(h)(includes) the word "includes" and similar words in any form is not a word of limitation; and

(i) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.