By becoming a member of Floreat Force Netball Club, you will be agreeing to the following Terms, Conditions and Policies. You will confirm your agreement upon completing any form of registration, pre-registration or expression of interest.
The intent of this refunds policy is to provide clarity on how refunds will be granted. It ensures that our members are aware that they will be treated fairly if they need to withdraw from FFNC and ensures that FFNC is not financially disadvantaged by a member having to withdraw.
Floreat Force Netball Club (FFNC) players who register with FFNC for the coming season but do not play part or all of the season, may be entitled to a full or partial refund of their registration fees, depending on the reason for not playing out the season.
Refunds may be given in the following circumstances:
Refunds may not be given in the following circumstances:
FFNC will generally not exercise its discretion to refund a fee where a player trials or grades at numerous clubs. We put a lot of effort into grading (including incurring expenses) and selecting teams based on the players we grade. Withdrawing after this process is unfair to the other players, volunteers and members.
In the unlikely event that FFNC cannot place the player into a suitable team then a full refund of the registration fees will be given at the date of team announcement. Otherwise, the following cut-off dates apply.
The cut-off date for full refunds is before Closing date of Registration.
The cut-off date for partial refunds is 7 days before date of Team announcement.
The decision to refund is determined by members of the FFNC Committee, exercising their discretion and having regard to this Policy. Applications for a full or partial refund need to be made in writing to the Registrar.
FFNC reserves the right to ask for proof to support changes of circumstances that result in a refund request.
FFNC can only refund monies paid to FFNC and not monies paid to Perth Netball Association, Netball WA or Netball Australia.
If a player has utilised the KidSport rebate as part of their registration, the rebate may be able to be transferred to another club if the player registers and plays there. In accordance with the KidSport Policy, FFNC cannot provide a monetary refund of a KidSport voucher to the child, parent or guardian.
Partial Refund Amount
The partial refund amount is the total registration fee payable to FFNC paid less:
$100 to cover FFNC administration expenses.
Partial Refund = FFNC Registration Fee – FFNC administration expenses.
Other Circumstances
Other circumstances that are not listed above will be assessed by the members of the FFNC Committee on a case by case basis, taking into consideration the reason for the refund request and the expenses incurred by FFNC.
Pre-Grading Deposit
FFNC will generally ask proposed players to pay a deposit when they complete their expressions of interest for Year7/8 players prior to pre-grading. FFNC will then ask the player to pay the balance of the fee on formal registration.
The deposit is generally non-refundable.
FFNC may, at its discretion and depending on circumstances, determine to refund a deposit.
1. Terms used:
In these Terms and Conditions:
Claim
means and includes any action, suit, proceeding, claim, demand, damage,
penalty, cost or expense however arising including but not limited to
negligence BUT does NOT include a claim against FFNC by any person entitled to
make a claim under a relevant FFNC insurance policy or under the FFNC
Constitution or a Netball Organisation By-laws or Regulations.
FFNC
means Floreat Force Netball Club Incorporated.
Member means player, guardian,
official, coach, umpire and any other membership class recognised by FFNC.
Netball Activities means performing or
participating in any capacity in any activity authorised or recognised by FFNC.
Netball Organisations means and includes FFNC,
Perth Netball Association, Netball WA and Netball Australia and their
respective directors, officers, members, servants or agents.
Netball Rules or Rules means the relevant
constitutions, by-laws, regulations, code(s) of conduct and policies of the Netball
Organisations.
2. Membership/Agreement:
If the Member’s registration is accepted, the Member (including a player’s guardian, if
applicable) will be a Member of FFNC in the appropriate membership class under
the FFNC Constitution. The registration
application will be considered and may be accepted or rejected in accordance
with the FFNC Constitution.
If accepted it is
acknowledged that:
(a)
the Member will be bound by and agree to comply with these Terms and Conditions
and the Rules; and
(b)
the said Terms and Conditions and Rules are necessary and reasonable for
promoting FFNC; and
(c)
neither membership nor the Rules gives rise to any:
(i)
proprietary right in, to, or over any Netball Organisation or its property or
assets; and
(ii)
automatic right of renewal of membership; and
(iii)
subject to any relevant law, any right to natural justice, unless expressly
provided for in the relevant Rules.
(d)
the appropriate membership fees and charges will be paid to the relevant
Netball Organisations by the date(s) they are due. If these fees are not paid, players
will not be eligible to participate.
4. COVID 19:
In the event that a
Netball Organisation requires proof of COVID vaccination to participate in any
Netball activities or attend at any Netball venue(s), it is acknowledged that
either proof of vaccination or a medical exemption (where applicable) will be
supplied. Failure to provide proof of vaccination or a medical exemption means the
Member will be unable to participate in any Netball activities and will not be entitled
to any refund of fees.
5. Warning:
Netball activities can be
inherently dangerous. It is acknowledged that Members are exposed to certain
risks during Netball activities including but not limited to physical exertion,
contact with Netball equipment and body contact. Accidents can and often do
happen which may result in a Member being injured, or a Member’s property or
equipment being damaged. The Member has voluntarily read and understood this
warning and accepts and assumes the inherent risks of participating in Netball
Activities.
6. Release & Indemnity:
Where the Member has
committed a criminal offence, been negligent and/or otherwise deliberately
failed or refused to comply with the Netball Rules as a Member and/or whilst
participating in any Netball activities and in consideration of FFNC accepting the
Membership registration, the Member;
(a)
releases and will release the Netball Organisations from all Claims that the Member
may have or may have had but for this release arising from or in connection
with membership and/or participation in any Netball activities; and
(b)
indemnifies and will keep indemnified the Netball Organisations to the extent
permitted by law in respect of any Claim by any person arising as a result of
or in connection with the membership and/or participation in any Netball activities.
6. Fitness to Participate:
The Member declares that
the Member is medically, mentally and physically fit and able to participate in
any Netball activities and is not and must not be a danger to themselves or to
the health and safety of others. The Member will immediately notify FFNC in
writing, of any change to the Member’s medical condition, fitness and ability
to participate.
The Member authorises any
official from FFNC or Perth Netball Association Inc. in the event of any injury
or illness, to obtain on behalf of the Member or the Member’s child/children, and
at the Member’s expense, any medical assistance, treatment and transportation
as deemed necessary.
7. Intellectual Property (IP):
The Member acknowledges
and understands that FFNC owns significant Netball IP including but not only
all IP rights in and to the FFNC logo. The Member will not infringe any FFNC IP
rights and will seek permission from FFNC before any use of FFNC IP.
8. Force Majeure:
FFNC will not be liable
for any failure or delay in performing any obligation under it’s agreement with
a Member that is due to any of the following causes, to the extent beyond its
reasonable control: acts of God, accident, riots, war, terrorist act, epidemic,
pandemic (including the COVID-19 pandemic), quarantine, civil commotion,
breakdown of communication facilities, breakdown of web host, breakdown of
internet service provider, natural catastrophes, governmental acts or
omissions, changes in laws or regulations, national strikes, fire, explosion,
or generalized lack of availability of raw materials or energy.
9. Severance:
If any provision of these terms and conditions is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, 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 of it in any jurisdiction. Such severance does not affect the remaining provisions of these terms and conditions or affect the validity or enforceability of them in any jurisdiction.