Terms & Conditions
By participating in our programs (or having your child participate in our programs) you will also be deemed to have accepted these terms and conditions. If you do not accept these terms, please do not proceed with your/the participants registration.
TERMS AND CONDITIONS
The purpose of this document is to set out the terms and conditions applicable to registration in our programs. By registering your child in a Sam Kerr Football (Sam Kerr Football) program, you agree to the terms and conditions stipulated in this document and you undertake to ensure your child (the participant) is aware of, and understands, these terms and conditions. By registering your child, you are deemed to have given permission for your child to participate in all activities within the program you have registered them for.
In this document, we refer to other policy documents available on our website including our Code of Conduct. Breaches of the Terms and Conditions or Code of Conduct provision may result in your place in Sam Kerr Football being withdrawn.
1. References
In these terms and conditions (and any associated policies), unless the context requires otherwise, references to:
‘Sam Kerr Football’, ‘SKF’, ‘we’, ‘us’, ‘they’, ‘our’ or ‘them’ means SKFootball Pty Ltd (ABN 14 670 718 368) as trustee for the SKF Unit Trust, trading as Sam Kerr Football.
‘programs’ mean any program, clinic, camp, training session(s), class, masterclass, event, or course delivered by Sam Kerr Football, Sam Kerr Football Schools or Sam Kerr Football partners.
parent(s) means the parent(s) or legal guardian(s) of the child or children registered for our programs, registering interest in our programs or visiting our website
the ‘participant’, ‘child’ or ‘player’ mean the child or children who has been registered to, and participate in, our programs.
‘employee’ means any owners, coaches, support staff, contractors, direct employees, officers or agents involved in the management, administration or delivery of our programs (including any involvement with collecting and/or dealing with personal information acquired in the operation of our programs).
approved third parties means any institution with which we have entered into a commercial relationship or partnership agreement with in order to deliver a program.
2. The Program(s)
We deliver a range of football (soccer) player development programs utilising authentic Sam Kerr Football developmental methodology, philosophy and practices. The specific terms of each program, including the type of program, the objectives of the program, the venue, the duration, the days, the times, the cost (if applicable) and any other specific details will be advertised on our website, where participants can register and are subject to change from time to time.
All program sessions are subject to change and may be affected by inclement weather, programming, a minimum number of participants or other factors that may arise outside of the direct control of Sam Kerr Football. Refer to the Extreme Weather Policy for further details.
We reserve the right to change the details of the programs we offer including location, dates, starting times or finishing times at any point in time (where reasonably required), and will provide you with as much notice as possible in respect of such changes. Changes to program details will not result in a refund or partial refund of the fees associated with the program, unless otherwise agreed with Sam Kerr Football, having regard to the specifics of the change (and the impact on you).
Parents registering participants in our programs agree to be bound by these terms and conditions and associated policies which are displayed on our website including but not limited to our Code of Conduct and Parent Responsibilities policies. All applicable policies can be viewed on our website.
Sam Kerr Football in its absolute discretion reserves the right to decline to accept a participant or coach into our programs or withdraw or cancel a registration if a participant (or the participants parent) or coach has not complied with these terms and conditions or has otherwise breached our policies.
The program registration fee includes access to specified activities, sessions, materials, and amenities as outlined on the Sam Kerr Football website. Any additional inclusions beyond the specified offerings are at the discretion of Sam Kerr Football and subject to change.
3. Participant Eligibility
Parents are responsible for registering their child as a participant into the appropriate age category, as defined below. Age is defined as the participants age at the time of the program delivery and as and when children age, parents should re-assess the correct programming accordingly:
3 - 5 years
6 - 8 years
9 - 11 years
12 - 14 years
Technical skills taught at each program are based on the national football curriculum and are age appropriate. Parents can request for their child to be moved to a different age category, however, this will be at the discretion of Sam Kerr Football.
For the 3 - 5 year old category, a parent or guardian is required to remain onsite throughout the session.
4. Uniform
Participants are required to wear the full Sam Kerr Football uniform to the program. Uniforms can be purchased via the website provided by Sam Kerr Football.
Appropriate football boots and shin pads are to be worn for the relevant playing surface. No metal studs are permitted.
5. Facility and Equipment
Participants are required to comply with all instructions provided by Sam Kerr Football franchise employees, and authorised representatives concerning the handling of the program facility, property, and equipment. Sam Kerr Football will not assume liability for any issues arising from damage to the program facility, property, or equipment. Any costs incurred by Sam Kerr Football due to damage caused by a participant will be passed on to the parents/guardians, who hereby agree to accept liability for such expenses and pay them to Sam Kerr Football on demand.
6. Payments
6.1 Payment of Registration Fees
Liability for the full registration fee (each term or each event) is created from the date that the participant registration form is completed.
Payment of the registration fee in full is required at the time of registration unless Same Kerr Football has agreed to an approved automated payment plan in accordance with clause 6.2.
If an automated payment plan is approved, payments must be made strictly in accordance with the terms of that agreement otherwise the full remaining amount owed will become immediately due and payable.
Masterclass bookings must be paid in full at the time of booking and no instalment arrangements will be accepted for Masterclass programs.
The price quoted for our programs is exclusive of GST.
No payment processing fees apply as at 1 July 2024, but this is subject to change by prior notice.
If after commencement of a term places become available to register, the registration fee for the relevant participant will be calculated on a pro rata basis for the remaining period of the then current term.
6.2 Payment Plan Approval
a. As referenced in Clause 6.1(b), parents/guardians can select to make payment of registration fees via an approved automated payment plan.
b. If a payment plan is selected, then you acknowledge and agree that while Sam Kerr Football has agreed to payments in instalments, you are liable for the full terms fees from the date of registration.
c. By registering with Sam Kerr Football for the term, you have also agreed for us to store your payment details in order to enable us to automatically charge you for the next coming instalment (or term) at the end of each current instalment (or term). If you do not wish to renew your registration for the following term, you must opt out by the Renewal Date, being 14 days prior to commencement of the term. If you do not opt out by the Renewal Date, your registration will automatically renew for the following term and no refunds, except in accordance with clause 7, will be provided should you change your mind.
6.3 Confirmation of Registration
A confirmation email will be issued on the successful completion of any registration with Sam Kerr Football and will include a tax receipt for the full or part payment made
If you have not received a confirmation email within two (2) days of payment, please contact play@samkerrfootball.com
6.4 Family Discount
Sam Kerr Football offers a family discount for bookings of two or more participants into any activity within a single Sam Kerr Football School location. This includes Masterclass and Sam Kerr Football training term bookings. The discount will be automatically applied in the booking system, if eligible.
6.5 Waiting List
If training sessions and/or Masterclasses have reached capacity, parents can opt in to a waiting list. If a position becomes available, Sam Kerr Football will elevate the next account on the list to register for the term or Masterclass (as applicable).
Parents will have 24 hours to register their child before the next account on the waitlist is elevated and you are deemed to have waived your right to register. If you waive your right, you will be able to opt back in to the waiting list however will join as a new list member, at the bottom of the list.
6.6 Using Government Incentivised Vouchers
Sam Kerr Football does not currently accept Government incentive vouchers, such as the Active Kids Vouchers, however we will advise when we are approved in each state we operate in if such incentives are accepted in the future.
7. Cancellations and Refunds
7.1. Refund Policy
Any registration cancellation must be requested in writing to Sam Kerr Football in accordance with this clause 7.
If you make a cancellation request after payment has been made (in whole or part) and Sam Kerr Football approves the cancellation request pursuant to this clause 7, it is a condition of the cancellation that you (or the participant) returns your registration pack to Sam Kerr Football, including all items unopened, unused and undamaged, and in the condition they were provided to the participant by Sam Kerr Football.
Before A Program Commences
Subject at all times to relevant provisions of the Australian Consumer Law if a refund is requested after registration and before program commencement:
Refunds may be considered if a written request is received via play@samkerrfootball.com 48 hours prior to commencement of the program.
There is no obligation on Sam Kerr Football to approve a refund.
If a refund is approved the amount refunded will be the amount paid less the cost of training kit provided (if applicable) and an administration fee of $50 plus any bank transaction fees.
Government Incentive Vouchers, if applicable, cannot be included in any refund.
After A Program Commences
Once the program has commenced, refunds are only provided in exceptional circumstances.
If a participant is unable to attend the program due to long term illness, injury or a death in the family, the participant's parent/guardian will need to advise Sam Kerr Football via play@samkerrfootball.com and provide documentation relevant to the request including a medical certificate. Once accepted, the participant will be removed from the program and the refund will be processed. Note - the refund will be on a pro-rata rate basis on participation less an administration fee of $50.00 (plus the cost of any bank transactions). The cost of the training kit will not be refunded.
Government Incentive Vouchers, if applicable, cannot be included in any refund.
Refunds are not provided where a participant is unable to attend a training session or program for any other reason.
7.2 Cancellations
In the event that Sam Kerr Football needs to cancel a session(s), a program or a participant’s registration, the below terms apply:
Refunds are not provided where we cancel individual sessions for extreme weather.
If two (2) or more sessions in a term program are lost due to wet weather or extreme heat, we may offer credits for sessions lost in alternative or subsequent programs.
If a Masterclass is cancelled in full or part, a credit for another alternative or subsequent program is available or a refund may be offered at our discretion. If refunds are offered the amount refunded will be calculated based on the amount paid, on a pro rata basis for the time lost, less the cost of training kit provided (if applicable) and less an administration fee of $50 (plus any bank transaction fees).
We reserve the right to cancel a registration for:
a breach of the Sam Kerr Football Participant Code of Conduct;
a breach of the Sam Kerr Football Parent Code of Conduct;
non-compliance with our terms and conditions
non-payment of registration fees
For the avoidance of doubt, where a registration has been cancelled by Sam Kerr Football under clause 7.2(d), no refund or credit will apply under any circumstances.
8. Privacy
You acknowledge that the Sam Kerr Football will collect, retain and disclose personal information submitted to us by you in accordance with Australian privacy laws and the Sam Kerr Football Privacy Policy. Sam Kerr Football may use, retain or disclose this information for, among other things, the purpose of:
organising and delivering the programs;
contacting you with Sam Kerr Football related information, such as promotions, future events and clinics and Sam Kerr Football partners in relation to future opportunities (unless or until you let us know otherwise); and
marketing offers of Sam Kerr Football, our Partners (as defined in the Privacy Policy) and other parties (unless or until you let us know otherwise) to you.
In addition to the above, Sam Kerr Football will collect the email address of the primary contact of each parent or guardian and use this as a primary method to communicate key information prior to and after the program. Given the operational nature of these communications, these communications cannot be opted out of, in respect of the program and program activities.
1. Use of Images/Media
During participation in the program, you (or your child) may be photographed or videoed by us or approved third parties. By participating in the program, you consent to the use of those video or photographic images on the websites or social media sites of Sam Kerr Football and approved third parties including Sam Kerr Football partners, Sam Kerr Football community partners or in other marketing material, including but not limited to flyers, newsletters, videos, photographs and brochures. If you do not wish for recordings, images or footage of you or any participant to be used, you must notify Sam Kerr Football in writing via play@samkerrfootball.com.
You acknowledge and agree that media may be present at any event or program we run and you consent to Sam Kerr Football media using, reproducing and/or publishing your child’s name, image and likeness.
By accepting these terms, you agree that copyright and all associated rights in these images/video is owned by Sam Kerr Football or its licensors and we may make, reproduce, broadcast, stream, use, sell, license or otherwise deal (on a worldwide basis) in any visual or audio recordings of you or your child in any media, worldwide and for any purpose, without the need for your approval or payment of any compensation.
10. Copyright
In addition to the above, you acknowledge and agree that copyright and all associated rights of any image and film arising from any program or event is owned by Sam Kerr Football or the relevant media source.
11. Medical
All relevant medical information must be shared when registering for the program. This information is to ensure we can make reasonable adjustments to accommodate the participant if required and to avoid any unnecessary risks due to underlying health issues.
If your child is required to take medication throughout the program or has a medical issue, a Medical Action Plan is required to be sent through to your selected school by email at least 48 hours prior to the first session. Except in the case of, or to prevent, a medical emergency or unless otherwise agreed between Sam Kerr Football staff and you, Sam Kerr Football staff will not administer medication to or for participants.
We may require additional information depending on the medical information supplied to us by you. Please contact us if you have any concerns in relation to this issue.
You grant the program staff, at your cost, with permission to take your child to a hospital, administer first aid or call for an ambulance in the event of any illness or injury during a program. You agree to inform us of any health concerns including allergies, injuries or illnesses to your child that we should be aware of prior to your child participating in the program.
12. Liability of Personal Items
Sam Kerr Football assumes no responsibility for lost personal belongings during the program and you are solely responsibility for the safety of your (and the participant’s) belongings.
If you leave any personal belongings at a Sam Kerr Football venue, the relevant items will be held in lost property for a person of fourteen (14) business days. After a period of fourteen (14) business days, Sam Kerr Football reserves the right to dispose of any unclaimed items.
13. Liability of Injury of Sickness and Disclaimer
Sam Kerr Football will take reasonable steps to safeguard the welfare of all participants in the program. However, you understand that there are inherent risks associated with participation in football and you, on your own and your child’s behalf, fully accept and agree to bear those risks as they relate to the program that your child is participating in.
Any medical conditions that a participant may have must be fully disclosed to Sam Kerr Football in the registration details you have completed when enrolling via our booking portal.
You agree that by registering a participant in a program, that you:
understand the program may involve physical activity of a strenuous nature and accept that there are inherent risks in all aspects of physical activity including injury and death;
authorise us, at your cost, to administer first aid or call an ambulance in the event of illness or injury due to participation in our programs. This has been stated at 11.Medical, para 4
understand that we do not have in place any personal accident insurance policy that would provide the participant with any compensation or benefits in the event of any participant being injured.
to the fullest extent permitted by law, you and the participant release and discharge Sam Kerr Football, authorised third parties and their employees, agents and representatives from any and all liability for loss, claims, demand, damage, injury or expense, that the participant or you suffer or may suffer as a result of participation in the program, due to any cause whatsoever, including negligence.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACTS
If you register in a program, you are deemed to have agreed that your rights to sue Sam Kerr Football (or any other person) under the Australian Consumer Law and equivalent state based Fair Trading Acts are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (and equivalent State based acts), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law (and equivalent provisions of the State based Fair Trading Acts), the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, 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.
Subject to your Non-Excludable Rights, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
Subject to the Non-Excludable Rights, Sam Kerr Football will not be liable to a participant (or their parent or guardian) for indirect and consequential loss arising from or connected to these terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of profits, failure to realise expected profits or savings and loss or corruption of data) unless such loss arises as a result of the Sam Kerr Football's negligence or wilful misconduct.
Some of the goods or services which are offered or provided to participants in addition to the benefits offered or provided by Sam Kerr Football are supplied by third party suppliers. The provision of those goods or services will be subject, in each case, to the terms and conditions of the suppliers and any claims relating to the supply of those goods or services should be made to the supplier.
If Sam Kerr Football is liable for any: (a) breach by Sam Kerr Football of any of these terms; (b) breach by Sam Kerr Football of any term implied into these terms under the general law; or (c) any tort committed by Sam Kerr Football (including negligence but not including fraud), Sam Kerr Football’s liability is limited to the amount of all payments paid by the relevant participant (or their parent/guardian) to Sam Kerr Football pursuant to these terms in respect of the then current term or program as applicable.
14. Code of Conduct
By participating in the program, you and your child agree to abide by any Code of Conduct that may be
published from time to time and is available on our website. You acknowledge that serious or ongoing breaches of the Code of Conduct are not tolerated and that those who breach the Code of Conduct (and their child) risk being asked to leave sessions and/or being prohibited from attending future sessions, and/or having their child’s program registration terminated.
If you or your child is prohibited from attending future sessions or the program or your child’s registration in the Program is terminated for a breach of the Code, you will not be eligible for a refund.
For any enquiries, please contact Sam Kerr Football