Effective date: 26 April 2026 Contact: Nathan
E: Nathan@plusonebasketball.com, M:0435763819
Definitions
In these Terms:
PLUS ONE BASKETBALL TERMS AND CONDITIONS
ACL means the Australian Consumer Law.
Booking means a registration, enrolment or purchase for any Service.
Business, means Plus One Basketball.
Participant means the child or young person attending or participating in the Services.
Parent or Carer means the parent, guardian or person with legal responsibility for the Participant, or another adult authorised to register the Participant.
Personal Information has the meaning given to that term in applicable privacy law and includes information and opinions about an identified or reasonably identifiable person.
Promotional Media means a photo, video, recording or similar content used for website, social media, advertising, sponsorship, promotional, recruitment or general club-marketing purposes.
Services means all programs, classes, clinics, camps, schools programs, holiday programs, private sessions, trials, events, competitions, online content, recreational and related services supplied by Plus One Basketball.
Terms means these Terms and Conditions, as updated from time to time in accordance with the amendment clause below.
1. Acceptance of these Terms
By making a Booking, paying fees, attending a session, or allowing a Participant to attend a session, you confirm that you have read and accepted these Terms on your own behalf and on behalf of the Participant to the extent the law allows.
If you do not agree with these Terms, do not complete the Booking and do not allow the Participant to attend.
2. Bookings and fees
Bookings are subject to availability and are not confirmed until Plus One Basketball accepts the Booking and, where applicable, receive cleared payment.
All fees must be paid at the time stated in the Booking process unless Plus One Basketball agree otherwise in writing.
Plus One Basketball may use a registration or payment platform to process Bookings and payments. Additional third-party processing fees may apply where disclosed during booking.
If payment is overdue, Plus One Basketball may suspend attendance, withhold participation packs or results, or cancel the Booking after giving reasonable notice.
3. Participation eligibility, supervision and health information
Parent/carer warrants they have legal authority to enrol the Participant.
You must provide accurate and complete registration, emergency contact, allergy, medical and behavioural information that is reasonably relevant to the safe delivery of the Services.
You must promptly tell us if the Participant’s relevant medical condition, injury, support need, medication, emergency contact or pickup arrangements change.
A Parent or Carer remains responsible for the Participant before sign-in, after sign-out, and at any time the Participant is not under the direct supervision of our staff.
Unless Plus One Basketball expressly agree otherwise in writing, Parents and Carers are responsible for ensuring the Participant is dropped off and collected on time.
Plus One Basketball may refuse attendance where:
(a) the Participant does not meet age or program eligibility requirements;
(b) the required information has not been provided;
(c) fees remain unpaid; or
(d) attendance would create an unreasonable safety risk that cannot be reasonably managed.
Supervision and responsibility:
Plus One Basketball provides supervision only during scheduled session times and only while the Participant is signed in and under the direct supervision of our staff.
A Parent or Carer remains solely responsible for the Participant at all other times, including:
(a) before the Participant is signed in to a session;
(b) after the Participant has been signed out or the session has ended;
(c) if the Participant arrives early, leaves a session area without permission, or remains at a venue after a session; and
(d) where the Participant is not under the direct supervision of our staff for any reason.
Participants must not be left unattended at a venue outside supervised session times. Parents and Carers must ensure that Participants are dropped off and collected on time.
To the extent permitted by law, Plus One Basketball is not responsible for the supervision, safety or care of Participants outside the periods of direct supervision described above.
4. Participation, Risk Warning and Waiver for Recreational Services
Participation / risk acknowledgement:
Participation in the Services involves physical activity and inherent risks that cannot be completely eliminated, even where reasonable care is taken.
These risks include, but are not limited to, falls, slips, trips, collisions, contact with other participants or equipment, overexertion, sprains, fractures, concussion and other physical or psychological injury.
You acknowledge and agree that:
(a) the Participant voluntarily participates in the Services with knowledge of these inherent risks and accepts and assumes all inherent risks;
(b) you understand the nature of the activities involved and accept that injuries may occur despite the exercise of reasonable care by Plus One Basketball, its staff, coaches and contractors;
(c) to the extent permitted by law, you voluntarily assume all inherent risks associated with participation in the Services;
(d) the Participant will only participate if medically fit and able to do so, and you have obtained any appropriate medical advice where necessary;
(e) the Participant will comply with all reasonable directions, safety instructions, rules and supervision requirements given by coaches, staff and venue personnel; and
(f) you will inform us prior to participation of any injury, illness, medical condition, disability or restriction that may affect the Participant’s ability to safely participate.
Nothing in this clause excludes any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
Recreational services warning:
Under the Australian Consumer Law and Fair Trading Act 2012 (Vic), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these Terms is required to ensure that the recreational services it supplies to you:
(a) are rendered with due care and skill; and
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(c) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Plus One Basketball is entitled to ask you to agree that these statutory guarantees do not apply to you..
If you agree to these Terms, you will be agreeing that your rights to sue Plus One Basketball under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms.
Waiver and limitation clause:
To the extent permitted by law, and only to the extent any applicable law permits a supplier of recreational services to exclude, restrict or modify liability for death or personal injury arising from a failure to comply with statutory consumer guarantees applying to services, you agree that Plus One Basketball excludes that liability.
This clause:
(a) applies only to recreational services;
(b) applies only to liability for death or personal injury;
(c) does not apply to reckless conduct or any conduct for which liability cannot lawfully be excluded, restricted or modified; and
(d) does not exclude any other rights or remedies under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
If a court or tribunal finds any part of this clause invalid or unenforceable, the remainder of these Terms continues to operate to the fullest extent permitted by law.
5. Indemnity
To the extent permitted by law, you agree to indemnify Plus One Basketball and its officers, employees, contractors and agents against any loss, damage, liability, cost or expense (including reasonable legal costs) arising from or in connection with:
(a) any breach of these Terms by you or the Participant;
(b) any failure by you to provide accurate, complete and up-to-date information, including medical or emergency information;
(c) any negligent, unlawful or wilful act or omission of the Participant, you, or any person attending under your supervision; or
(d) any damage to property or injury to any person caused or contributed to by the Participant, except to the extent caused or contributed to by Plus One Basketball’s breach of a non-excludable right or guarantee under law.
This clause does not apply to the extent that the loss, damage or liability is caused by the negligence or wrongful act of Plus One Basketball.
6. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
Subject to the paragraph above and the recreational-services clause, Plus One Basketball is not liable for loss caused by:
(a) information you fail to give us or fail to keep current;
(b) the Participant’s failure to follow reasonable instructions;
(c) the acts or omissions of third parties outside our reasonable control; or
(d) the Participant’s own conduct, misuse of equipment or breach of these Terms.
7. Personal Property
Participants and spectators bring personal belongings at their own risk. Plus One Basketball is not responsible for lost, stolen or damaged personal property except to the extent liability cannot lawfully be excluded.
8. Insurance
Plus One Basketball will maintain insurance it consider appropriate for all operations.
Unless expressly state otherwise in writing, you are responsible for the Participant’s own ambulance, medical, health, personal accident and other personal insurance cover.
9. First aid and medical consent
You authorise Plus One Basketball staff, coaches and contractors to provide or arrange basic first aid that is reasonably necessary during the Services.
If Plus One Basketball reasonably believe urgent medical, dental, ambulance or hospital treatment is needed and its staff cannot contact you promptly, you authorise us to arrange that treatment for the Participant.
You agree to pay the reasonable costs of that treatment, transport and related expenses unless the cost is recoverable from Medicare, a private insurer, ambulance cover or another responsible party.
Plus One Basketball will not administer medication unless given clear written instructions and any required authorisations have been provided to Plus One Basketball staff.
10. Behaviour, child safety and removal
Participants, parents, carers and spectators must act safely, respectfully and lawfully at all times.
This includes not engaging in bullying, harassment, discrimination, intimidation, abusive language, violence, unsafe conduct, damage to property, disruptive behaviour, inappropriate online conduct, unauthorised filming in private areas, or conduct that undermines a child-safe environment.
Participants must follow reasonable directions from coaches, staff and venue personnel.
Parents and carers must support a child-safe environment. A parent or carer may be asked to leave a venue if their behaviour is unsafe, abusive or seriously disruptive.
Plus One Basketball may immediately remove or stand down a Participant, parent, carer or spectator from a session where reasonably necessary for safety, welfare, discipline, child safety or venue compliance.
For repeated or serious breaches, Plus One Basketball may suspend or cancel future attendance after considering the circumstances and acting reasonably. Any refund or credit in that situation will be handled under the refunds clause below and subject to any non-excludable legal rights.
11. Photography, video and media consent
Plus One Basketball may use photography or video in the following different ways:
Internal and operational use:
Plus One Basketball may photograph or record parts of sessions where reasonably necessary for coaching feedback, skill development, safety monitoring, incident review, integrity or internal club administration. Plus One Basketball will use reasonable steps to limit access to that material and not use it publicly unless separate promotional consent has been given or another lawful basis applies.
Promotional Media:
Plus One Basketball will not use the Participant’s identifiable image in Promotional Media unless the Parent or Carer gives consent.
If you give Promotional Media consent, you permit Plus One Basketball to use the Participant’s photo or video in our website, social media, promotional materials, newsletters, sponsor materials and similar communications connected with our business and programs.
Unless you separately agree otherwise in writing, Plus One Basketball will not publish the Participant’s full name together with their image. Plus we may use first name, age group, team name or general program description where appropriate.
If you do not give Promotional Media consent, Plus One Basketball will take reasonable steps not to publish the Participant’s identifiable image in Promotional Media. However, incidental appearance in group, crowd or background footage may still occur, and we will review removal requests reasonably and case by case.
You may withdraw Promotional Media consent at any time by emailing or calling us using the contact details above. Withdrawal will apply to future Promotional Media use after we have had a reasonable opportunity to process the request. Withdrawal does not require us to recall or destroy printed material already distributed, or to remove content that has already been shared, reposted, cached, archived, screenshotted or stored by third parties outside our reasonable control.
Licence to use Promotional Media:
Where you provide consent for Promotional Media, you grant Plus One Basketball a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, edit, publish and communicate the Participant’s image, likeness or recordings for promotional and marketing purposes connected with our Services.
This licence applies to Promotional Media created before or after any withdrawal of consent.
You acknowledge and agree that:
(a) no payment or compensation is payable for the use of Promotional Media;
(b) Promotional Media may be edited, adapted, combined with other material or used across different platforms and formats; and
(c) once Promotional Media has been published or shared, it may be copied, reposted, cached, archived or otherwise used by third parties beyond our reasonable control.
Nothing in this clause limits your right to withdraw consent for future use of Promotional Media, and we will act reasonably in processing any withdrawal request in accordance with these Terms.
12. Privacy
Plus One Basketball will collect and hold Personal Information that is reasonably necessary to run the Services safely and properly.
This may include:
(a) Participant and Parent or Carer names;
(b) contact details;
(c) date of birth and registration details;
(d) emergency contact details;
(e) medical, allergy or support information relevant to participation;
(f) attendance, incident and behavioural records;
(g) payment and refund information;
(h) communications and consent records, including media consent choices; and
(i) any other information reasonably required to provide the Services or comply with law.
Plus One Basketball will handle Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Plus One Basketball may use Personal Information to:
(a) process Bookings and payments;
(b) deliver and administer the Services;
(c) allocate participants to programs, coaches or groups;
(d) communicate with families about sessions, safety, changes, issues and reminders; (e) manage child safety, incidents, injuries, complaints and discipline;
(f) obtain insurance, legal or professional advice; (g) comply with legal obligations; and
(h) improve our operations and records.
Plus One Basketball may disclose Personal Information to:
(a) our coaches, staff, contractors and volunteers on a need-to-know basis;
(b) registration, payment, cloud-storage and communication service providers;
(c) venue operators or governing or affiliated sporting bodies where reasonably necessary; (d) insurers, professional advisers or debt-recovery providers where reasonably necessary; (e) medical, ambulance or emergency personnel; and
(f) regulators, law-enforcement bodies or others where required or authorised by law.
Plus One Basketball will not sell Personal Information.
Plus One Basketball will take reasonable steps to protect Personal Information from misuse, interference, loss and unauthorised access, modification or disclosure. Plus One Basketball will also take reasonable steps to destroy or de-identify Personal Information when it is no longer needed, unless we must keep it by law or for a lawful purpose.
You may request access to or correction of your Personal Information by contacting us. You may also make a privacy complaint using our contact details. Plus One Basketball will handle privacy complaints in a reasonable and timely way.
Where Plus One Basketball are likely to disclose Personal Information overseas through a service provider or platform, staff will notify you in our privacy notice or collection statement where required.
13. Refunds, cancellations, rescheduling and material changes
Non-excludable rights:
This refunds clause does not limit or replace any refund, cancellation, compensation or other remedy available under the ACL or any other law.
Participant cancellation before a program starts:
If you cancel in writing at least 7 days before the first scheduled session, we will provide either: (a) a refund of the fees paid less any reasonable non-recoverable third-party payment or booking fees actually incurred; or
(b) a full credit, if you prefer.
If you cancel fewer than 7 days before the first scheduled session, we may provide a credit for the unused amount less any reasonable non-recoverable costs already incurred. A refund in that case is at our discretion unless the law requires otherwise.
Participant cancellation after a program starts:
After a program has started, we are generally not required to provide a refund for change of mind, non-attendance, change of schedule, or a decision not to continue.
If the Participant cannot continue because of serious illness or injury and you provide reasonable supporting evidence, we may offer a pro rata credit or refund for future unused sessions after deducting any reasonable non-recoverable costs already incurred.
Force majeure:
We are not liable for any delay, failure to perform, or inability to provide the Services to the extent it is caused by events beyond our reasonable control (Force Majeure Event).
Force Majeure Events include, but are not limited to:
(a) extreme weather conditions, natural disasters or environmental events;
(b) public health events, epidemics, pandemics or government directions or restrictions;
(c) venue unavailability, closure or damage;
(d) power outages, utility failures or system failures;
(e) industrial disputes, strikes or labour shortages;
(f) acts or omissions of third parties outside our reasonable control; and
(g) any other event or circumstance that could not reasonably have been prevented or avoided. Where a Force Majeure Event occurs, we will act reasonably and may, at our discretion:
(a) suspend or modify the affected Services;
(b) reschedule sessions or programs;
(c) provide a make-up session or alternative service; or
(d) offer a credit or, where appropriate, a pro rata refund for the affected portion of the Services. Nothing in this clause limits or excludes any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.
14. Missed sessions
Plus One Basketball are not obliged to refund or credit missed sessions where the Participant is absent for personal reasons. Plus One Basketball may offer a make-up session at our discretion if capacity permits.
Our cancellation, postponement or inability to supply:
If Plus One Basketball cancel a session or cannot reasonably provide a session, we may: (a) reschedule the session;
(b) offer a make-up session;
(c) provide a credit; or
(d) provide a pro rata refund for the affected part of the Services.
If the issue is beyond our reasonable control, including venue closure, extreme weather, public health directions, power failure or similar events, we will act reasonably and provide an appropriate solution having regard to the circumstances, any alternative service, and our legal obligations.
Material changes:
We may make reasonable changes to coaches, venues, times, session format or other operational details. If we make a material change that substantially affects the Services you purchased, we will give reasonable notice where practicable.
If you do not accept a material change, you may cancel the future unused part of the Booking and we will provide an appropriate pro rata credit or refund, subject always to your non-excludable legal rights.
Problems with the Services
If the Services are not supplied with due care and skill, are not reasonably fit for a disclosed purpose, are unsafe, or otherwise do not comply with consumer guarantees, you may be entitled to remedies under the ACL, including cancellation, refund, re-supply or compensation depending on the circumstances.
15. Dispute resolution
If you have a concern, please contact us first using the contact details above and provide enough detail for us to understand the issue.
Plus One Basketball will try to resolve complaints quickly, fairly and in good faith.
If a dispute is not resolved directly, either party may seek assistance from an appropriate external dispute-resolution body, regulator, tribunal or court.
Nothing in this clause prevents either party from seeking urgent interlocutory relief or from exercising a non-excludable statutory right.
16. Amendment of terms
Amendment of these Terms
We may amend these Terms from time to time for future Services.
Any amended Terms will be published on our website or booking platform and will take effect from the stated effective date.
For existing Bookings:
(a) any material amendment will apply only to future unused Services;
(b) we will give reasonable notice of any material amendment where practicable; and
(c) if a material amendment substantially disadvantages you and you do not wish to continue, you may cancel the affected future unused portion of the Booking and receive an appropriate pro rata credit or refund, subject to your non-excludable legal rights.
For the avoidance of doubt, amendments will not apply retrospectively to Services already delivered, unless required by law or reasonably necessary for safety, child protection, insurance, or legal compliance.
By making a new Booking or continuing to use our Services after the effective date of any amended Terms, you will be taken to have accepted the amended Terms.
Severability:
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.
If a provision is capable of being read down to be valid and enforceable, it will be read down to the minimum extent necessary to achieve that result.
Entire agreement:
These Terms constitute the entire agreement between you and Plus One Basketball in relation to the Services and supersede all prior discussions, representations, understandings or agreements (whether written or oral) relating to those Services.
You acknowledge that you have not relied on any statement, representation, warranty or undertaking that is not expressly set out in these Terms.
Nothing in this clause excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.
17. Governing law
These Terms are governed by the laws of Victoria and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.
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