VIS Community Programs
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The Victorian Institute of Sport (VIS) delivers Community Programs in different locations. Depending on where a program is delivered, only one of the waiver sections below applies.
By submitting a booking request, you confirm that you have read and agree to the waiver that applies to your booking, based on the program delivery location. You are not required to agree to both waivers.
VICTORIAN INSTITUTE OF SPORT
VIS ATTENDANCE AT SCHOOL
Terms and Conditions
1. In these Terms: Claim means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence. Organisation means the organisation listed in the prescribed section of the application to which these Terms attach. Participants mean individuals from or representing the Organisation and participating in the Sport Activities. Sport Activities mean the sporting or physical activities undertaken at the Organisation's premises in conjunction with the attendance of the VIS Representatives. Terms mean these terms and conditions. VIS means the Victorian Institute of Sport Limited (ABN 33 007 358 321) and where the context provides, includes its directors, employees and agents. VIS Representatives mean the authorised VIS representatives attending the Organisation to speak to the Participants.
2. Risk Warning: Participation by the Organisation and Participants in the Sport Activities supplied by or in conjunction with the VIS Representatives is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Sport Activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such Sport Activities, the Organisation and Participants should ensure they are aware of all the risks involved, including those risks associated with any health condition the Participants may have. By accepting theses Terms, the Organisation acknowledges, agrees and understands that the Participants' participation in the Sport Activities provided by or in conjunction with the VIS Representatives may involve risk. The Organisation and the Participants agree and undertake any such risk voluntarily and at their own risk. The Organisation will ensure the Participants do not participate in the Sport Activities while intoxicated or affected by drugs and the Organisation will assume the sole responsibility for the safety of the Participants while participating in the Sport Activities. This means the Organisation will accept responsibility for the safety of the Participants and if an injury occurs as a result of the Organisation's careless act, omission or negligence then the Organisation fully assumes responsibility for any harm done and the Organisation does and will not hold the VIS or VIS Representatives responsible. The Organisation acknowledges that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
3. Release and Indemnity: The Organisation agrees that, to the extent permitted by law, it:
(a) releases and forever discharges the VIS and VIS Representatives from all Claims that it or a Participant may have or may have had but for this release arising from or in connection with the Participants and the Organisation's participation in the Sport Activities; and
(b) indemnifies and will keep indemnified and hold harmless the VIS to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with the Participants and Organisation's participation in any Sport Activities, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the VIS.
4. Fitness to Participate: The Organisation declares that each Participant is medically and physically fit and able to participate in any Sport Activities. The Organisation will immediately notify the VIS of any change to any medical condition, fitness or ability to participate of a Participant. The Organisation understands that if the VIS was not provided with all relevant and necessary information about the Participants' health and capacity, it would not be able to fully appreciate the risk of harm or injury to any Participant in providing instruction and in allowing the Participants and Organisation to participate in the Sport Activities. The Organisation understands that the VIS will continue to rely upon this declaration as evidence of the Participants' fitness and ability to participate. If a Participant suffers any injury or illness, the Organisation agrees that it is responsible for the evacuation, first aid and/or medical treatment at the Organisation's expense.
5. Use of Image: The Organisation acknowledges and consents to the VIS making images or recordings, whether video, sound, digital or otherwise, of one or both the Organisation and/or Participants (Images and Recordings) when they are undertaking the Sport Activities. The Organisation acknowledges and agrees that such Images and Recordings are owned by the VIS and the VIS may use, publish or reproduce the Images and Recordings in any form (in whole or in part) and by any medium, for promotional or any other purposes without the Organisation or Participants' further consent being necessary. The Organisation acknowledges and agrees that:
(a) the rights granted under this clause 5 are perpetual, the VIS is the owner of the copyright in the Images and Recordings and the VIS may change, abbreviate or otherwise amend the Images and Recordings in its sole discretion; and
(b) should consent not be granted in relation to a specific Participant, the Organisation must communicate this to the VIS prior to or at the commencement of the Sport Activities.
6. Privacy: The personal information provided by the Organisation in the application to which these Terms attach is necessary for the conduct and management of the Sport Activities and is collected in accordance with the VIS Privacy Policy (available at www.vis.org.au). The VIS may use or disclose the personal information for the purposes of administering the Sport Activities or otherwise in accordance with the VIS Privacy Policy. The VIS may share the personal information with third parties such as companies engaged by the VIS to carry out functions and activities on its behalf; however, the personal information is not generally disclosed to anyone outside Australia. The VIS Privacy Policy contains information about how the Organisation may access and request correction of the personal information held by the VIS or make a complaint about its handling of the personal information, and provides information about how a complaint will be dealt with by the VIS. The Organisation acknowledges that its and the Participants' participation in the Sport Activities may be rejected if the information is not provided. If the Organisation does not wish to receive material from VIS sponsors and third parties it must advise the VIS in writing or via the optout procedures provided in the relevant communication.
7. Entire Agreement: These Terms constitute the entire agreement between the VIS and Organisation with respect to the Sport Activities and supersede all other agreements, understanding and representations and negotiations with the VIS in relation to the Sport Activities.
8. Severance: If any provision of these Terms is invalid or unenforceable, the phrase or clause is to be read down, 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. Such severance does not affect the remaining provisions of these Terms.
9. Governing Law: The governing law of these Terms is the law of the State of Victoria. The Organisation irrevocably and unconditionally consents and submits to the jurisdiction of the courts of Victoria and waives any right to object to the exercise of such jurisdiction.
Acknowledgement and agreement
In order to proceed, an authorised representative of the Organisation must have read and agreed to these Terms. By ticking the box below, the authorised representative agrees that if the Organisation's application is accepted, the Organisation and Participants will be bound by these Terms.
I agree that I have read, understood, acknowledge and agree to the VIS Attendance at School Terms and Conditions', both on behalf of the Organisation and on behalf of the Participants.
The waiver below applies where participants attend a Victorian Institute of Sport (VIS) facility, including Lakeside Stadium.
VICTORIAN INSTITUTE OF SPORT
USE OF LAKESIDE STADIUM TRAINING FACILITIES
Waiver and Release Form
1. In these Terms:
Claim means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence.
Gym Activities means the use or enjoyment of VIS training facilities or equipment, including but not limited to the facilities and equipment located at Lakeside Stadium.
Organisation means the organisation listed in the prescribed section of the application to which these Terms attach.
Participants mean individuals from or representing the Organisation and participating in the Gym Activities.
Terms mean these terms and conditions.
Lakeside Stadium means the structure located at 33 Aughtie Drive, Albert Park and includes any surrounding structures and playing surfaces.
VIS means the Victorian Institute of Sport Limited (ABN 33 007 358 321) and where the context provides, includes its directors, employees and agents.
2. Policies: The Organisation acknowledges that when utilising the facilities of Lakeside Stadium it and the Participants are bound by and must fully comply with all relevant VIS policies including but not only the VIS Anti-Doping Policy and the VIS Injections Policy. Copies of these policies are available at reception.
3. Risk Warning: Participation by the Organisation and Participants in the Gym Activities supplied by the VIS is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Gym Activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such Gym Activities, the Organisation and Participants should ensure they are aware of all the risks involved, including those risks associated with any health condition the Participants may have. By accepting theses Terms, the Organisation acknowledges, agrees and understands that the Participants' participation in the Gym Activities provided by the VIS may involve risk. The Organisation and the Participants agree and undertake any such risk voluntarily and at their own risk. The Organisation acknowledges that it and the Participants have attended a “facility induction” program in relation to the Gym Activities and have been advised of the safe use of the facilities and equipment. The Organisation acknowledges that the wet area is not patrolled by lifeguards and the Gym Activities are not patrolled by supervisors (at all times) and participation in these areas unaccompanied must be avoided. The Organisation will ensure the Participants do not participate in the Gym Activities while intoxicated or affected by drugs and the Organisation may assume a role involving responsibility for the safety of the Participants while participating in the Gym Activities. This means the Organisation will accept responsibility for the safety of the Participants and if an injury occurs as a result of the Organisation's careless act, omission or negligence then the Organisation fully assumes responsibility for any harm done and the Organisation does and will not hold the VIS responsible. The Organisation acknowledges that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
4. Release and Indemnity: The Organisation agrees that, to the extent permitted by law, it:
(a) releases and forever discharges the VIS from all Claims that it or a Participant may have or may have had but for this release arising from or in connection with the Participants and the Organisation's participation in the Gym Activities; and
(b) indemnifies and will keep indemnified and hold harmless the VIS to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with the Participants and Organisation's participation in any Gym Activities, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the VIS.
5. Fitness to Participate: The Organisation declares that each Participant is medically and physically fit and able to participate in any Gym Activities, as well as any activities performed on the outdoor track/pitch of Lakeside Stadium. The Organisation will immediately notify the VIS of any change to any medical condition, fitness or ability to participate of a Participant. The Organisation understands that if the VIS was not provided with all relevant and necessary information about the Participants' health and capacity, it would not be able to fully appreciate the risk of harm or injury to any Participant in providing instruction and in allowing the Participants and Organisation to participate in the Gym Activities. The Organisation understands that the VIS will continue to rely upon this declaration as evidence of the Participants' fitness and ability to participate. The Organisation agrees to report any accidents, injuries, loss or damage that it or the Participants suffer during any Gym Activities to the VIS before the last Participant leaves Lakeside Stadium following conclusion of the Gym Activities. If a Participant suffers any injury or illness, the Organisation agrees that the VIS may provide evacuation, first aid and/or medical treatment at the Organisation's expense and that the Organisation's agreement to these Terms constitutes the Organisation's consent to such evacuation, first aid and/or medical treatment.
6. Insurance: The Organisation acknowledges and agrees that the VIS has arranged some limited insurance coverage that may provide the Participants with some protection for loss, damage or injury that they may suffer during their participation in the Gym Activities. However, the Organisation acknowledges and agrees that the insurance taken out by the VIS may not provide full indemnity for loss, damage or injury that a Participant may suffer during their participation in Gym Activities and that the Organisation may have to pay the excess if a Claim is made on the Organisation or a Participant's behalf. The Organisation agrees that its own insurance arrangements are ultimately the Organisation's responsibility and the Organisation will arrange any additional coverage at its own expense after taking into account the VIS' insurance arrangements and the Organisation's own circumstances.
7. Use of Image: The Organisation acknowledges and consents to the VIS making images or recordings, whether video, sound, digital or otherwise, of one or both the Organisation and/or Participants (Images and Recordings) when they are undertaking the Gym Activities. The Organisation acknowledges and agrees that such Images and Recordings are owned by the VIS and the VIS may use, publish or reproduce the Images and Recordings in any form (in whole or in part) and by any medium, for promotional or any other purposes without the Organisation or Participants' further consent being necessary. The Organisation acknowledges and agrees that:
(a) the rights granted under this clause 7 are perpetual, the VIS is the owner of the copyright in the Images and Recordings and the VIS may change, abbreviate or otherwise amend the Images and Recordings in its sole discretion; and
(b) should consent not be granted in relation to a specific Participant, the Organisation must communicate this to the VIS prior to or at the commencement of the Gym Activities.
8. Privacy: The personal information provided by the Organisation in the application to which these Terms attach is necessary for the conduct and management of the Gym Activities and is collected in accordance with the VIS Privacy Policy (available at www.vis.org.au). The VIS may use or disclose the personal information for the purposes of administering the Gym Activities or otherwise in accordance with the VIS Privacy Policy. The VIS may share the personal information with third parties such as companies engaged by the VIS to carry out functions and activities on its behalf; however, the personal information is not generally disclosed to anyone outside Australia. The VIS Privacy Policy contains information about how the Organisation may access and request correction of the personal information held by the VIS or make a complaint about its handling of the personal information, and provides information about how a complaint will be dealt with by the VIS. The Organisation acknowledges that its and the Participants' participation in the Gym Activities may be rejected if the information is not provided. If the Organisation does not wish to receive material from VIS sponsors and third parties it must advise the VIS in writing or via the optout procedures provided in the relevant communication.
9. Entire Agreement: These Terms constitute the entire agreement between the VIS and Organisation with respect to the Gym Activities and supersede all other agreements, understanding and representations and negotiations with the VIS in relation to the Gym Activities.
10. Severance: If any provision of these Terms is invalid or unenforceable, the phrase or clause is to be read down, 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. Such severance does not affect the remaining provisions of these Terms.
11. Governing Law: The governing law of these Terms is the law of the State of Victoria. The Organisation irrevocably and unconditionally consents and submits to the jurisdiction of the courts of Victoria and waives any right to object to the exercise of such jurisdiction.
Acknowledgement and agreement
In order to proceed, an authorised representative of the Organisation must have read and agreed to these Terms. By ticking the box below, the authorised representative agrees that if the Organisation's application is accepted, the Organisation and Participants will be bound by these Terms.
I agree that I have read, understood, acknowledge and agree to the 'Use of Lakeside Stadium Training Facility Terms and Conditions', both on behalf of the Organisation and on behalf of the Participants.
