Warilla Womens Hockey Club
Hockey Australia
HA National Database Policy
1. Introduction
Hockey Australia (HA) and each affiliated State or Territory hockey association (HA Affiliate) have agreed to coordinate their respective resources to develop a national database (Database) of hockey clubs, associations and players for use by HA and HA Affiliates for a range of agreed purposes. HA's Database complies with the HA Privacy Policy and legislative requirements governing the collection, storage, use and disclosure of personal information in the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). HA a nd the HA Affiliates have endeavoured to ensure the development and management of the Database reflects the interests and requirements of each level of the sport of hockey in Australia. To view HA's Privacy Policy, please visit - https://cdn.revolutionise.com.au/cups/hockeyaus/files/mbro3w9dfklwalxs.pdf. This Policy outlines the rights and obligations of all persons and organisations to which the Database applies.
2. Intellectual property
Subject to the specific agreement in place between HA and the third party contracted by HA to develop the Database (Third Party Contractor), the Intellectual Property Rights in the computer software used to operate the Database is owned by the Third Party Contractor. HA Affiliates acknowledge and agree that HA retains ownership of all Intellectual Property Rights in relation to the Database, all data contained within the Database and any associated information which HA or the Third Party Contractor may obtain from HA's use of the Database, including but not limited to player or member information. Accordingly it is acknowledged and agreed by all parties that HA in its sole discretion retains the right to: a. use the Database in accordance with the objects of HA and this Policy; b. sub-licence the use of, and access to, the Database to HA Affiliates and other affiliated bodies in accordance with this Policy; c. take all necessary steps to protect the rights and value in the Database from infringement by unauthorised persons or organisations; and d. make such upgrades and amendments to the Database as may be required from time to time to maintain the functionality and value of the Database. For the purpose of this Policy, 'Intellectual Property Rights' mean statutory and other proprietary rights in respect of trade marks, patents, copyrights, designs, confidential information, know-how and all other rights with respect to intellectual property.
3. Privacy
Information contained in the Database will be collected, used and disclosed in accordance with the HA Privacy Policy available at https://cdn.revolutionise.com.au/cups/hockeyaus/files/mbro3w9dfklwalxs.pdf and the Privacy Act 1988 (Cth). HA will make available to relevant organisations a standard privacy collection notice which must be provided to a person when personal information is being collected. It is recognised that the compilation of the Database is both reasonable and necessary for, amongst other things, the effective administration of the sport of hockey throughout Australia.
4. Access to Database
Access to the Database will be limited such that: a. each affiliated hockey club will only have access to, and the right to use, information collected by that club in respect of persons who are members of that club; b. each regional association will only have access to, and the right to use, information collected by that regional association or its affiliated clubs in respect of clubs and individual persons who are members of the regional association or its affiliated clubs; c. each State/Territory hockey association will only have access to, and the right to use, information collected by that association affiliated regional associations or affiliated clubs; and d. HA will have access to, and the right to use, all information contained in the Database however it is collected.
It is acknowledged and agreed in relation to the Database that: a. each organisation entitled to access the Database must nominate designated personnel, who will be provided access on behalf of that organisation (Personnel); b. each organisation is authorised to enter information in the Database relevant to that organisation and to amend or delete that information entered by the organisation;
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 1 of 11 c. the Third Party Contractor will enter an agreement with HA that imposes obligations in respect of confidentiality of information to which it has access by virtue of its services in relation to the Database; d. both HA and the Third Party Contractor are entitled to unlimited access and editing power in respect of the entire Database; e. HA may require State/Territory associations, regional associations or clubs to enter into an agreement in relation to the access and use of the Database and accompanying software; f. regional associations and clubs are responsible for entering the relevant information of each organisation's registered players and members into the Database, whether the information is entered by the registered player or member themselves or the regional association/club itself; and g. HA and State/Territory associations may be required to directly enter information of persons not captured by regional associations or clubs including, but not limited to, officials, trainers, medical and other support staff.
5. Training
It is acknowledged and agreed that the personnel using the Database must receive training in its operation and use Database by HA representatives or representatives of the Third Party Contractor, as determined by HA from time to time, prior to accessing the Database. Each organisation entitled to access the Database must use its best endeavours to notify HA within a reasonable time of changes in approved personnel and ensure new personnel receive appropriate training prior to accessing the Database
Data Collection Policy:
Hockey Australia and State or Territory hockey associations, including the Australian Hockey League teams (together, 'Australian Hockey') collects your personal information to communicate with you in relation to information and offers from Australian Hockey and to provide Australian Hockey's products and services.
By providing your personal information you agree it will be disclosed to, and used by, Australian Hockey under the terms of this statement and Australian Hockey's Privacy Policy, which contains information about how you may access and seek to correct your personal information or complain about a breach of your privacy, and how Australian Hockey will deal with that complaint.
Australian Hockey may disclose your personal information to other parties, including Australian Hockey's third-party service providers (Moodle - HockeyEd, Altius rt - Championships etc.) when required. Australian Hockey may use your personal information for internal direct marketing purposes.
HA Privacy Policy:
The protection of personal information is important to Hockey Australia (HA). HA is committed to respecting individual's privacy and the protection of personal information. This document sets out how HA may collect, hold and use personal information. By providing your personal information to HA (either directly or through an affiliated organisation), you consent to its use, storage and disclosure in accordance with this Privacy Policy.
Why does HA collect personal information?
Personal information' is information or an opinion (including information forming part of a database), whether true or not, and whether recorded in material form or not, about an individual whose identity is reasonably apparent, or can be reasonably ascertained, from the information or opinion. HA collects personal information in order to properly and efficiently carry out its functions, including to provide you requested products and services, and to facilitate the provision of marketing and promotion services that may be of interest to you. HA uses personal information only for the purposes for which it was provided and for directly related purposes (unless otherwise required by or authorised under law). We may state a more specific purpose at the point we collect your information. If you do not provide us with the information that we request, we may not be able to provide you with our products or services.
What personal and sensitive information does HA collect?
Personal Information
'Personal information' is information or an opinion (including information forming part of a database), whether true or not, and whether recorded in material form or not, about an individual whose identity is reasonably apparent, or can be reasonably ascertained, from the information or opinion. The information collected by HA about a particular person will vary depending on the circumstances of collection. It may include, but is not limited to, a person's contact details (name, email and/or postal address, phone number), date of birth, gender, credit card details, driver's licence number, passport number, insurance details, employment history, qualifications or communication history with HA.
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 2 of 11 Sensitive Information
'Sensitive information' is a type of personal information that also includes information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations or philosophical beliefs, sexual preferences or practices, criminal record or health, genetic information or disability. If it is reasonably necessary in the circumstances, HA may also collect sensitive information such as your medical history, disability background or racial or ethnic origin. Sensitive information is afforded a higher level of privacy protection than other personal information. Where you provide sensitive information to HA, you also provide consent to HA collecting it in accordance with this Privacy Policy, unless you tell us otherwise.
How does HA collect and hold personal information?
Information may be collected when you:
1. become a member of HA;
2. become a member of a hockey club, regional association, State or Territory association or other body which is a member of or affiliated with HA (HA Affiliate);
3. subscribe to any publication of HA or an HA Affiliate, including electronic publications;
4. are selected or nominated for representation in an Australian or other representative hockey team;
5. provide details to HA or an HA Affiliate in an application, consent form, survey, feedback form or incident report;
6. enter personal information into, or agree to having your personal information entered into, one of HA's online systems or databases or by completing a form at an HA activation site;
7. access the HA website or a website of an HA Affiliate;
8. contact HA via email, telephone, fax or mail or engage with HA via social media;
9. participate in any program, activity, competition or event run by HA or an HA Affiliate;
10. purchase tickets to a hockey or sporting event from HA or an authorised agent;
11. purchase merchandise, products or services from HA or an authorised agent or licensee;
12. are elected or appointed to the Board or a committee of HA; or
13. apply for employment or a volunteer position with HA or an HA Affiliate.
Personal information may also be collected where HA is required to do so by law (for education, child protection, work health and safety laws, charitable collections, medical treatment or other legislation in Australia).
Providing information
If you do not provide some or all of the information that we request from you, this may affect HA's ability to communicate with you or provide the requested products or services. By not providing requested information, you may jeopardise your ability to participate in programs or competitions or apply for employment or volunteer positions with HA or an HA Affiliate. If it is impracticable for HA to deal with you as a result of you not providing the requested information or consent, HA may refuse to do so.
Collection from third parties
HA or an HA Affiliate may collect personal information regarding a child from the parent or other responsible person associated with that child. In some circumstances, HA collects information from HA Affiliates or other third parties. Examples of such third parties could include, without limitation, the Australian Sports Commission, Australian Olympic Committee, the Australian Sports Anti-Doping Agency, the Australian Institute of Sport, the various State and Territory Institutes and Academies of Sport, the Australian Commonwealth Games Association, non-affiliated hockey organisations or government and law enforcement bodies as required by law.
Information storage and protection
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 3 of 11 HA stores information in different ways, including in paper and electronic form. Much of the information we collect from members and players is added to HA's National Database. When your information is entered into HA's database, the information may be combined or linked with other information held about you. HA's database is shared among HA, its State and Territory hockey associations and its clubs, with each organisation having access to information relevant to its members or registered players. Security of personal information is important to HA. HA has taken steps to protect the information we hold from misuse, loss, unauthorised access, modification or disclosure. Some of the security measures HA use includes strict confidentiality requirements of our employees, volunteers, HA Affiliates and service providers, security measures for system access and security measures for our website.
How does HA use and disclose personal information?
Use
HA, and third parties to whom we may disclose personal information in accordance with this Privacy Policy, may collect, hold and use your personal information to:
1. verify your identity;
2. complete background checks;
3. research, develop, run, administer and market competitions, programs, activities and other events relating to hockey or other sports;
4. research, develop and market products, services, merchandise and special offers made available by us and third parties including but not limited to our member associations and clubs, other hockey associations or our licensees, suppliers and sponsors;
5. respond to emergency situations involving or requiring medical treatment;
6. administer, manage and provide you with access to the HA website;
7. administer, manage and provide you with access to our National Database; and
8. keep you informed of news and information relating to various HA or hockey events, activities and opportunities via various mediums.
HA may use health information to ensure that programs we operate are run safely and in accordance with any special health needs participants may require. Health information may also be kept for insurance purposes. In addition, we may use de-identified health information and other sensitive information, including individual's racial or ethnic origin, to carry out research, to prepare submissions to government, or to plan events and activities.
Disclosure
HA may disclose your personal information to a range of organisations which include, but are not limited to:
1. HA Affiliates and other organisations involved in hockey and sporting programs in Australia;
2. our member associations and clubs;
3. companies we engage to carry out functions and activities on HA's behalf, including direct marketing;
4. our professional advisers, including our accountants, auditors and lawyers;
5. our insurers;
6. relevant sporting bodies such as the International Hockey Federation, Australian Sports Commission, Australian Olympic Committee, the Australian Sports Anti-Doping Authority, Australian Institute of Sport, the various State and Territory Institutes and Academies of Sport, the Australian Commonwealth Games Association, various National Sporting bodies, Federal and State Departments of Sport amongst others; and
7. in other circumstances permitted by law.
In some circumstances personal information may also be disclosed outside of Australia, for example, information disclosed to the
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 4 of 11 International Hockey Federation. In such circumstances, HA will use our best endeavours to ensure such parties are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are suitably similar to the Australian Privacy Principles.
Direct marketing
We will use non-sensitive personal information to provide better services and for marketing purposes (including disclosure of such information to service providers). If you do not wish to receive e-mail, SMS or posted offers from HA, you may opt-out by emailing [email protected].
Other disclosures
In addition, HA may also disclose personal information:
1. with your express or implied consent;
2. when required or authorised by law;
3. to an enforcement body when reasonably necessary; or
4. to lessen or prevent a threat to an individual or public health or safety.
HA website
When you visit the HA website, our systems may record certain information about your use of the site, including the web pages visited and the time and date of their visit. HA uses this information to help analyse and improve the performance of the HA website.
In addition we may use 'cookies' on the HA website. Cookies are small text files that assist our website retain user preferences to improve the experience of using our website. In some cases, the cookies that we use may collect some personal information. HA will treat this information in the same way as other personal information we collect. You are free to disable cookies on your internet browser to prevent this information being collected; however, you will lose the benefit of the enhanced website experience that the use of cookies may offer.
Websites linked to the HA website are not subject to HA's privacy standards, policies or procedures. HA cannot take any responsibility for the collection, use, disclosure or security of any personal information that you provide to a third party website.
Accessing and seeking correction of information held by HA:
HA will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. However, we rely on the accuracy of personal information as provided to us both directly and indirectly. We encourage you to regularly review and update your personal information. If you would like to access the personal information that we hold about you, please let us know by making a request via the contact details set out below. We will respond to your request for access within a reasonable period. If you find that the personal information we hold about you is inaccurate, incomplete or out-ofdate, please contact us immediately and we will correct it.
Resolving privacy issues and complaints
Any issues or complaints in relation to the collection, use, disclosure, quality, security of and access to your personal information may be made to HA in one of the following ways: o By telephone on (03) 9947 9900 o Write to: Hockey Australia 66 Jolimont Street East Melbourne VIC 3002 o By email to [email protected]
We will respond to your complaint within a reasonable period, and try to resolve your complaint for you. If we are unable to resolve your complaint or you are unhappy with the outcome, you can contact the Office of Australian Information Commissioner via its enquiries line 1300 363 992 or website http://www.oaic.gov.au/ to lodge a complaint.
For further information on HA's management of personal information, please contact HA.
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 5 of 11 HA may amend this Privacy Policy from time to time.
Member Protection Policy:
Please read through our full Member Protection Policy here: https://cdn.revolutionise.com.au/cups/hockeyaus/files/av4rrttll8bwpopy.pdf
HA Code of Behaviour:
Please read through our full Code of Behaviour document here: https://cdn.revolutionise.com.au/cups/hockeyaus/files/3aqsipsearp1inph.pdf
Safe Hockey Statement of Commitment
Hockey is a family sport, involving children and young people. Our sport operates across Australia and engages children and young people through a number of programs.
Hockey Australia and all State and Territory Member Associations are committed to ensuring the safety and wellbeing of all children and young people who are involved in our sport.
We take seriously our responsibility to deliver a sporting environment that is fun, caring, nurturing and safe and work hard to a) minimise the likelihood of a child or young person being harmed and b) respond promptly and appropriately when it happens.
For more information see our full Statement of Commitment here and the suite of Safe Hockey policies here at hockey.org.au/integrity.
Safe Hockey Safe Kids Code
Hockey Australia and all State and Territory member Associations are comimitted to ensuring the safety and wellbeing of all children and young people who are involved in our sport.
This code provides specific expectations of any adult in hockey who is in contact with a child or young person whether they are in a coaching role, or just a member of a club who shares the environment with children and young people. We aim to build a culture where we all play a part.
Acknowledgement of this Code is a requirement of your registration.
I will do what I can to provide a safe, fun and welcoming environment for all children and young people in hockey, free from physical, sexual and emotional abuse or neglect.
I will do this by:
1. Listening and responding to children and young people, and taking what they say seriously. 2. Communicating safely and effectively with children and young people, in person and online. 3. Having firm boundaries when interacting with children and young people. 4. Only engaging in safe and appropriate physical contact with children & young people, putting their safety and wellbeing first. 5. Never engaging in any behaviour of a sexual nature, physically, verbally non-verbally, or through online communication. 6. Role modelling positive behaviours that prioritise the health and safety of a child or young person in hockey. 7. Contributing to a safe and inclusive environment for children and young people from ALL backgrounds and treating everyone fairly. 8. Taking any concerns about the safety of a child or young person seriously, and responding in line with policies, procedures, guidelines and the law.
For more information go to hockey.org.au/integrity
Hockey Australia Code of Conduct
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 6 of 11 HA is committed to promoting and strengthening the positive image of hockey and its Participants in Australia and to ensuring that everyone involved with hockey is treated with respect and dignity. This Code of Conduct aims to ensure that everyone involved in hockey is aware of the standards of behaviour expected of them and the mechanism for dealing with any conduct that is alleged to breach the Code of Conduct. Schedule 1 to this Code of Conduct also includes 'position statements' to outline other forms of conduct that would be considered inappropriate within our sport.
Please ensure that you have read the Hockey Asutralia Code of Conduct document that is linked at the bottom of this page. By ticking "agree to Terms" you are consenting to adhering to this code.
Hockey NSW
MEMBERSHIP TERMS AND CONDITIONS
The following terms and conditions must be read carefully. In consideration of your, or the person on whose behalf you are acting's, application for membership of HNSW, the Association Member and the Club being accepted you acknowledge and agree to the following terms and conditions:
1. Definitions: in these terms and conditions:
"Association Member" has the same meaning as in the HNSW Constitution and for the avoidance of doubt, is the Association upon which the Club is affiliated.
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Hockey Activities, but does not include:
1. a claim against HNSW by any person expressly entitled to make a claim under a HNSW insurance policy; or
(ii) a claim against HNSW under any right expressly conferred by its constitution or regulations.
"Club" has the same meaning as an "Affiliated Club" in the schedule to the HNSW Constitution and where the context permits, the Club in which you apply to become a member.
"HA" means Hockey Australia Limited (ABN 26 546 955 455).
"HNSW" means Hockey New South Wales Limited (ACN 104 263 381).
"Hockey Activities" means performing or participating in any capacity, including as a member, in any authorised or recognised Hockey Organisation activity.
"Hockey Organisation" means and includes HA, HNSW, the Association Member and the Club and where the context so permits, their respective directors, officers, members, servants or agents.
"You" includes, as the case may be:
1. you personally, if this application is lodged by you on your own behalf; or
(ii) the person or persons on whose behalf you are lodging this membership application.
1. Rules of membership and participation: By agreeing to these terms and conditions, you will become a member of HNSW, the Association Member and the Club. You acknowledge, agree and consent to becoming a member of these Hockey Organisations. Upon becoming a member of HNSW, the relevant Hockey Organisations' constitutions will comprise a contract between you and the relevant Hockey Organisation and you will be bound by it and any by-laws, policies and codes of conduct
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 7 of 11 made under it. You agree you are bound to each subsequent amended version of the Hockey Organisations' constitution, by-laws, policies and codes of conduct and are bound to each (as applicable) for the entirety of the duration of your period of membership of the Hockey Organisations. These include (but are not limited to) the HA Member Protection Policy, Anti-Doping Policy, Extreme Weather Guidelines, National Integrity (Match Fixing) Policy, International Travel Policy, Junior Hockey Policy, National Database Policy and Selection Policy (all of which are located here), the HNSW Media Guidelines, Code of Conduct Policy, Spectator Code of Behaviour Policy Guidelines, Player Suspension Policy, Privacy Policy, Sexual Relationships Policy, Smoking Policy Guidelines, Working with Children Policy Guidelines, Zero Tolerance Policy and Parent/Spectator Code of Conduct, State Championship Eligibility Policy, Selection Policy, Athlete Interstate Release Policy located here and any other policies as listed on those webpages from time to time. You shall submit to any disciplinary measures taken against you and shall take any appeals and litigation before the authorities provided for in the relevant constitutions and by-laws. You will pay on demand the prescribed or stated fees for the Hockey Activities and/or for affiliation with the relevant Hockey Organisation. Such fees may be notified to you verbally, in writing or by notice displayed in the relevant Hockey Organisation's premises. 2. Risk Warning and Waiver: Your participation in the recreational activities supplied by the Hockey Organisations is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Hockey Activities, including but not limited to falling on the ground, being hit by a hockey stick or a hockey ball, colliding with another player, umpire, official or spectator, hockey sticks colliding, crashing into or making contact with the goals or such other physical structure or piece of equipment in or around the playing area, illegal rough play, slipping or falling as a result of uneven or slippery playing surfaces, exposure to an outdoor environment and uncontrolled forces of nature, and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the recreational services provided by the Hockey Organisations may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation. 3. Waiver: A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).
If you agree to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
1. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these terms and conditions, you agree that the liability of the Hockey Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
1. death;
(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(iii) the contraction, aggravation or acceleration of a disease; or
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(A) that is or may be harmful or disadvantageous to you or the community; or
(B) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 8 of 11 For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) applies: By agreeing to these terms and conditions, you agree that the liability of the Hockey Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:
1. death; 2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 3. the contraction, aggravation or acceleration of a disease; or 4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
1. that is or may be harmful or disadvantageous to you or the community; 2. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
1. Release & Indemnity: In consideration of the relevant Hockey Organisations accepting your membership application you, to the extent permitted by law:
1. release and forever discharge HNSW, the Association Member and the Club from all Claims that you may have or may have had but for this release arising from or in connection with your membership and/or your participation in the Hockey Activities;
(ii) release and indemnify HNSW, the Association Member and the Club against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by any Hockey Organisation or in any other manner whatsoever; and
(iii) indemnify and will keep indemnified and hold harmless HNSW, the Association Member and the Club to the extent permitted by law in respect of any Claim by any person:
(A) arising as a result of or in connection with your membership or undertaking the Hockey Activities; and
1. against any Hockey Organisation in respect of any injury, loss or damage arising out of or in connection with your failure to comply with HNSW, the Association Member or the Club's rules and/or directions,
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 a Hockey Organisation.
1. Insurance: You acknowledge and agree that HNSW has arranged some limited insurance coverage through the HA national insurance program which may provide you with some protection for loss, damage or injury that you may suffer during your participation in Hockey Activities. However, you acknowledge and agree that any insurance taken out by HA or HNSW may not provide full indemnity for loss, damage or injury that you may suffer during your participation in Hockey Activities and that you may have to pay the excess if a Claim is made on your behalf. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any additional coverage at your expense after taking into account HA and/or HNSW insurance arrangements and your own circumstances. Further details in relation to the HNSW insurance coverage can be found here and further details relating to the HA national insurance program can be found here. 2. Disclosure of Medical Conditions: You warrant that prior to undertaking any Hockey Activities you:
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 9 of 11 1. are and must continue to be medically and physically fit and able to undertake and participate in the Hockey Activities;
(ii) are not a danger to yourself or to the health and safety of others;
(iii) have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
(iv) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in a Hockey event, meet or competition including participating in Hockey Activities.
You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that Hockey Organisations rely on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during any Hockey Activities to the Hockey Organisation conducting the relevant Hockey Activity before you leave any relevant venue.
1. Consent to Medical Treatment: If you suffer any injury or illness, you agree that a relevant Hockey Organisation may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment. You agree to reimburse the relevant Hockey Organisation for any costs or expenses incurred in providing such medical treatment. 2. Exclusion of Applicant: You warrant that you have not at any time been excluded from Hockey Activities by a medical practitioner or any person or entity including but not limited to a Hockey Organisation. You acknowledge and agree that a Hockey Organisation may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking any Hockey Activities. 3. Safety: You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in Hockey Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by and/or directions of any Hockey Organisation in connection with any Hockey Activities. If you fail to comply with the rules and/or directions of any relevant Hockey Organisation, you will not be permitted to participate or to continue to participate in the Hockey Activities and no refund will be given. 4. Prevailing conditions - You acknowledge and agree that:
1. some Hockey Activities may be affected by the weather which may change without warning; and
(ii) in such activities, there can be an element of the "luck of the prevailing conditions" when undertaking the Hockey Activities over which the Hockey Organisations have no control.
1. Acceptance: Performance of a Hockey Organisation's obligations under the contract may be effected by any one or more of the providers of the Hockey Activities either jointly or severally. 2. Bar to proceedings: A Hockey Organisation may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against a Hockey Organisation, you:
1. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
(ii) waive any right to object to the exercise of such jurisdiction;
(iii) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by a Hockey Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by a Hockey Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
1. will pay the costs of any application made by any one or more Hockey Organisation under paragraph (iii) above and will
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 10 of 11 consent to any application for security of costs made at any time by any one or more Hockey Organisation; and
(v) consent to paying the legal defence costs of the proceedings (on a solicitor client basis) of any Hockey Organisation where the Hockey Organisation(s) successfully defend the proceedings.
1. Use of Image: You acknowledge and consent to photographs and electronic images being taken of you during your participation in Hockey Activities. You acknowledge and agree that such photographs and electronic images are owned by the relevant Hockey Organisation and the Hockey Organisation may use the photographs for promotional or other purposes without your further consent being necessary. 2. Privacy: You understand that the personal information you have provided in your membership application is collected, used and disclosed in accordance with the privacy policy of HNSW (available here) and is necessary for the conduct and management of the Hockey Activities and other related activities across New South Wales and Australia by the Hockey Organisations. You acknowledge that each of the Hockey Organisations may use or disclose your personal information for the purposes of providing you with member services or promotional material; for direct marketing; or otherwise at the discretion of the relevant Hockey Organisation, including HA. HNSW or HA may share your information with third parties such as one or more of the other Hockey Organisations, affiliates and other organisations involved in Hockey Activities such as other HA member states, organisations involved in other related activities in New South Wales or Australia; companies engaged by HNSW or HA to carry out functions and activities on HNSW or HA's behalf including direct marketing; HNSW or HA's professional advisers, including HNSW or HA's accountants, auditors and lawyers and HNSW or HA's insurers; however your information is not generally disclosed to anyone outside Australia. In some circumstances, personal information may be disclosed outside of Australia. In such circumstances, Hockey NSW will use its best endeavours to ensure such parties are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are suitably similar to the Australian Privacy Principles. HNSW or HA may publish your name and results from any event, meet or competition in official programs, newsletters and websites. You understand that if you wish to access and request correction of your personal information held by HNSW or H
Warilla Womens Hockey Club | 1/9 Colville Street Flinders NSW 2529 | 0401 342 738 | [email protected] | Page 11 of 11