THIS IS AN IMPORTANT DOCUMENT, AND YOU AND YOUR PARENTS SHOULD READ IT CAREFULLY.  BY SIGNING THE PARTICIPANT REGISTRATION FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.

THIS DOCUMENT SHOULD BE READ IN CONJUNCTION WITH THE WAIVER AGREEMENT. 

In consideration of Your application for membership or registration as a Participant, You agree to the following terms and conditions: 

Definitions in these terms and conditions: 

1. Basketball Activities mean performing or participating in any capacity in any authorised or recognised basketball activity conducted by or on behalf of NBSA, including events, competitions and activities provided or authorised by NBSA, including but not limited to participation as a player, coach, referee or administrator. 
2. Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense, however, arising from or in connection with any Basketball Activities, but does not include a claim against NBSA: by any person expressly entitled to make a claim under a NBSA insurance policy.
3. NBA means the National Basketball Association, a professional basketball league in North America.
4. NBAP means NBA Properties Inc, the company associated with the NBA which controls the merchandising and marketing and licensing of all 30 NBA teams and affiliated entities.
5. NBSA means the NBA Basketball School Australia, a tuition-based basketball development program operated by Basketball Magic Pty Ltd under a licence from NBAP. 
6. NBSA Network means online systems used or managed by NBSA to manage membership and competitions and which display online Your name, data, performances, results and other information relating to Basketball Activities.  
7. Participant means a participant in the Basketball Activities. 
8. Program means the NBSA event promotion as authorised by NBSA. 
9. You or Your means you, and any child or other minor upon whose behalf you register with NBSA, and accept these terms and conditions, where the context so permits.
10. Waiver Agreement means the Arbitration and Release and Waiver of Liability Agreement of NBA Basketball School Australia, to be signed by parents of Participants.

Rules of participation 

Upon registering with NBSA through the NBSA Network and payment of all fees due and payable, You will become a Participant.  You acknowledge, agree and consent to become a Participant.  Upon becoming a Participant, You will enter into a contract between You and NBSA, and You will be bound by it and any by-laws or policies (including any competition rules or by-laws) made under it.  You will pay on demand the prescribed or stated fees for the Basketball Activities.  Such fees may be notified to You verbally or by letter, electronic communication, telecommunication, memorandum or by a notice displayed in NBSA’s premises or premises occupied or on NBSA’s website. 

Registration 

Registration as a Participant is non-transferable.  Any attempt to transfer Your registration as a Participant and member to another person without the knowledge of NBSA may result in the cancellation of Your registration as a Participant and member without refund and You may not be permitted to participate in further Basketball Activities.  

Disclosure of medical conditions 

You warrant that prior to undertaking any Basketball Activities, you are: 

1. and must continue to be medically and physically fit and able to undertake and participate in the Basketball Activities; and 
2. not a danger to Yourself or to the health and safety of others. 
3. You acknowledge that You must not participate in any Basketball Activities if you have any preexisting medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. 
4. You acknowledge that NBSA relies on information provided by you and that all such information is accurate and complete. 
5. You agree to report any accidents, injuries, loss or damage you suffer during any Basketball Activities to NBSA before You leave any relevant venue in the manner required by NBSA. 

Exclusion of Applicant 

You warrant that You have not been excluded from Basketball Activities by a medical practitioner or any person or entity, including but not limited to the NBSA. You acknowledge and agree that NBSA may demand a medical certificate or opinion as to Your fitness from a qualified medical practitioner prior to You undertaking any Basketball Activities. 

Safety 

You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Basketball Activity, and You agree to not consume alcohol or other prohibited substances and You accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other prohibited substance. 

You agree to follow any rules set by NBSA in connection with any Basketball Activities. If You fail to comply with the rules and/or directions of NBSA, You will not be permitted to participate or to continue to participate in the Basketball Activities and no refund will be given. 

Prevailing conditions 

While it is intended that all Basketball Activities will be conducted at indoor venues, in the event that outdoor venues are used, You acknowledge and agree that: 

1. Basketball Activities may be affected by the weather which may change without warning; and 
2. there is often an element of the “luck of the prevailing conditions” when undertaking the Basketball Activities over which NBSA have no control. 

You accept that in the event of extreme weather conditions, NBSA reserves the right to alter the format of, shorten, or cancel Basketball Activities in the interest of Participant safety. 

Insurance 

13. You understand that NBSA has insurance coverage which may provide You with some protection for loss, damage or injury that You may suffer during Your participation in the Basketball Activities. However, You acknowledge and accept that insurance taken out by the NBSA may not provide full indemnity for loss, damage or injury that You may suffer during Your participation in the Basketball 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 considering Your own circumstances. 

Privacy 

You understand that the personal information You have provided in your application to register as a Participant is necessary for the conduct and management of the Basketball Activities and other related activities across Australia including the NBSA, and that it is collected in accordance with NBSA’s Privacy Policy (available from NBSA’s website). You acknowledge that the Basketball Entities may use or disclose your personal information for the purposes of providing you with services or promotional material or otherwise in accordance the NBSA’s Privacy Policy.  NBSA may share your information with third parties such as affiliates and other organisations involved in Basketball Activities and other related activities in Australia and outside Australia including the NBA and NBAP; companies engaged to carry out functions and activities on behalf of NBSA including direct marketing; professional advisers, including accountants, auditors and lawyers and insurers; however your information is not generally disclosed to anyone outside Australia. You understand that the NBSA’s Privacy Policy contains information about how you may access and request correction of your personal information held by NBSA or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by NBSA.  You acknowledge that your application for registration as a Participant may be rejected if the information is not provided. If you do not wish to receive promotional material from NBSA’s sponsors and third parties, you must advise NBSA in writing or via the opt-out procedures provided in the relevant communication.

Commitment to the Protection of Children and Young People (CYP)  

You declare that you will seek to protect all other members, and particularly CYP, from all Abuse and Child Abuse including grooming. You acknowledge that NBSA is seeking to create and maintain CYP safe and inclusive culture that is understood, endorsed and put into action by all.  I agree to use my best endeavours to develop and grow such a culture. You agree to be bound by and comply with the Code of Conduct for People in Position of Authority when Dealing with Children and Young People. 

Entire Agreement 

These terms and conditions together with the Waiver Agreement (and the documents to which they refer) constitute the entire agreement between the parties in respect of the Basketball Activities and Your registration as a Participant and member and supersede all other agreements, understandings, representations and negotiations in this respect. 

To the extent that any clause of these terms and conditions is void or unenforceable it is severable and does not affect the remaining provisions. 

 DECLARATION 

By ticking this box, you declare that You have read, understood, acknowledge and agree to these terms and conditions, including the exclusion of implied terms, warning, assumption of risk, release and indemnity. 

***Where the Participant is under 18 years of age the below box must be ticked by the Participant’s parent or legal guardian:  

You are the parent or guardian of the Participant. By ticking this box, You authorise and consent to the applicant registering as a Participant and participating in the Basketball Activities. In consideration of the Participant’s registration being accepted, You expressly agree to be responsible for the Participant’s behaviour and agree to accept in Your capacity as parent or guardian these terms and conditions. In addition, You agree that you and your son/daughter will be bound by and comply with the constitution of the NBSA and any regulations and policies (including competition rules or by-laws) made under it.  

SCHEDULE 1

For recreational services or activities provided throughout Australia: 

A supplier of recreational services or recreational activities is entitled to ask You to agree that statutory guarantees under the Australian Consumer Law (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). 

Exclusion of rights under the Competition and Consumer Act 2010 (Cth): By signing this form, You agree that the liability of NBSA in relation to recreational services (as that term is defined in s139A of the Competition and Consumer Act 2010 (Cth)) for any: 

(i) 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; 

(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; 

(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 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. 

Note: The change to Your rights does not apply to a significant personal injury suffered by You that is caused by the reckless conduct of the supplier of the recreational services. The supplier’s conduct is reckless conduct if the supplier is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification.  

For recreational services or activities provided in NSW or WA: 

For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia), applies: 

By signing this form, You agree that the liability of NBSA 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)) or Civil Liability Act 2002 (WA), as applicable) 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; 
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: 
5. that is or may be harmful or disadvantageous to You or the community; 
6. 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. 

For recreational services or activities provided in Victoria: 

For recreational services to which the Australian Consumer Law (Victoria) applies: 

Warning under the Australian Consumer Law and Fair Trading Act 2012: 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 on this form is required to ensure that the recreational services it supplies to You: 

1. are rendered with due care and skill; and 
2. are reasonably fit for any purpose which You either expressly or by implication, make known to the supplier; and 
3. 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), the supplier is entitled to ask You to agree that these statutory guarantees do not apply to You. 

Warning Under the Australian Consumer Law and Fair Trading Act 2012: If You sign this form, You will be agreeing that Your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic). 

Exclusion of rights under the Australian Consumer Law (Vic): By signing this form, You agree that the liability of NBSA for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) that may be suffered by You (or a person from whom or on whose behalf You are acquiring the services) resulting from the supply of recreational services is excluded. 

For recreational services or activities provided in ACT, Queensland or Tasmania: 

For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania) applies: 

By signing this membership application form and declaration, You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of the NBSA flowing from them, are expressly excluded to the extent possible by law, by this membership application form and declaration.  To the extent of any liability arising, the liability of the NBSA will, at the discretion of the NBSA, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law. 

For recreational services or activities provided in South Australia: 

For recreational services to which the Australian Consumer Law (South Australia) applies: 

Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies You with services including recreational services), there is: 

1. statutory guarantee that those services will be rendered with due care and skill; and 
2. statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and 
3. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services). 

Excluding, restricting or modifying Your rights:

Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask You to agree to exclude, restrict or modify his or her liability for any personal injury suffered by You or another person for whom or on whose behalf You are acquiring the services (a third party consumer). If You sign this form, You will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if You or the third party consumer suffer personal injury. 

Important: You do not have to agree to exclude, restrict or modify Your rights by signing this form. The supplier may refuse to provide You with the services if You do not agree to exclude, restrict or modify Your rights by signing this form.  Even if You sign this form, You may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights. 

Agreement to exclude, restrict or modify Your rights: I agree that the liability of the NBSA for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded. Definitions: 

1. Recreational services are services that consist of participation in

• sporting activity or similar leisure-time pursuit; or 
• any other activity that involves a significant degree of physical exertion or risk and

is undertaken for the purposes of recreation, enjoyment or leisure. 

1. Personal injury is bodily injury and includes mental and nervous shock and death. 

For recreational services or activities provided in Northern Territory: 

For recreational services to which the Australian Consumer Law (Northern Territory) applies: 

By signing this form, You agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to You, and the NBSA incur no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By signing this document, You acknowledge that You have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.