Terms and conditions on which Envision Basketball (ABN 95 101 085 001) provides services to consumers

Envision Basketball provides services on the following terms and conditions.

1. The meaning of some words used in these term s and conditions

We, us or our is a reference to Envision Basketball;

You or your is a reference to the person to whom we are providing our Services (you or your child) and who is required to pay for the Services we provide;

Materials means any materials, equipment, tools, goods, parts or items we need to buy in order to perform the Services;

Parties is a reference to both us and you or your child;

Premises means the place where we will provide the Services; and

Services means the advice we will provide in connection with Basketball Training, Fitness Classes or Programs, Skills Development, Coaching. The precise Services we will be providing to you will stated in the quotation and as we agree from time to time.

2. Entering into a legally binding contract

(a) A contract between you and us will come into being in one of two ways:

(i) When you sign the quotation we and you will enter into a legally binding contract on the date you sign.

(ii) Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.

(b) We suggest that before you sign the quotation or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us via info@envisonbasketball.com.

(c) You should keep a copy of these terms and conditions for your records.

3. Providing the Services

(a) Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

(a) Our aim is to always provide you with the Services:

(i) using reasonable care and skill;

(ii) in compliance with commonly accepted practices and standards in the Sports and Fitness industry; and in compliance with Victoria laws and regulations in force at the time we are carrying out the Services.

4. Days and times when we normally provide the Services and performance of Services away from the Premises

(a) Unless you and we agree otherwise, we will provide the Services on normal working

(b) days and start work no earlier than 7:00 am and finish work no later than 8:00 pm. A normal working day for us means Mondays to Fridays, excluding any public or other national holidays.

(c) The performance of the Services will take place on a third-party Premises, on a Basketball Court.

5. Materials (a) we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or

(b) where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or

(c) whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.

At the time we perform the Services we may use Materials such as fitness equipment to perform the Services.

If we do not have all the Materials we need to perform the Services. This may be for a number of reasons such as:

6. Timing

6.1. Our responsibility to perform the Services by particular dates

We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:

(a) we will start performing the Services by a specified date or time; or

(b) we will complete the performance of all the Services by any specified date or time; or

(c) the performance of any individual part of the Services will be completed by a specified date or time.

6.2. What can happen if we cannot start performing the Services or complete per forming the Services

(i) choose to continue to wait until we can start performing the Services or complete performing them; or

(ii) terminate the contract.

If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified, then you may either:

(a) Where we have started performing the Services and you decide you wish to terminate the contract you will only have to pay for any Services we have performed up to the date of termination. If you have made payment(s) to us in excess of the amount of Services we have performed, we will return the difference to you within 28 days of the termination.

6.3. Situations or events outside our reasonable control

(a) In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs, we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances, there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

(b) The following are examples of events or situations which are not within our reasonable control:

(i) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);

(ii) where we are unable to gain access to the third-party Premises to carry out the Services at the times and dates we have agreed with you;

(iii) where the areas on the third-party Premises have not be readied by the third-party provider (e.g. stadium) where you have agreed for us to perform the Services;

(iv) for other unforeseen or unavoidable events or emergency situations which is beyond our control.

(c) The following are examples of events or situations which are not within our reasonable control:

(i) continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or

(ii) allowing you to terminate the contract. If you choose this option then you will only have to pay the full hourly rate of $80 per hour for any Services we have performed up to the date of termination. If you have made payment(s) to us in excess of the amount of Services we have performed, we will return the difference to you within 28 days of cancellation.

7. Exclusion and limitation of liability

(a) We will not be responsible for any injuries or illness experienced during training sessions or coaching programs, however, we do not exclude or limit liability for our negligence or negligent omission which causes you or your child personal injury.

We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

8. Communicating with us

(a) You can phone (our contact numbers are 0422 909 674 or 0466 842 775).

(b) You can email at info@envisionbasketball.com.

9. Media consent

You give permission to us to photograph, video and/or interview you or your child and use your name/s in an image/photograph/video/voice recording (including still and motion formats) in printed and digital materials and websites produced by us. Possible uses include, but are not limited to, reports, brochures, fact sheets, websites, case studies, promotional videos and multimedia presentations. The materials may be used by media outlets.

Our private sessions, classes, camps and clinics may be filmed for marketing purposes and I consent that my child may be photographed or filmed during the skills program which may be used for promotional purposes (including but not limited to social media, website, advertising, emails etc).

10. Law and jurisdiction

(a) This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non- exclusive jurisdiction of the courts of Victoria