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Coach Terms and Conditions

INTRODUCTION

1. These terms and conditions apply to all Coaches nominated to deliver activities under the Program.

2. The Coach’s eligibility to participate in the Program is subject to the Coach’s compliance with these terms and conditions.

3. Sport Australia may at any time by notice to the Coach vary these terms and conditions.

4. These terms and conditions apply without limitation to or from the User Terms and Conditions applicable to users of the Site.

DEFINITIONS

5. In these terms and conditions:

a. ‘Coach’ means an individual (being an employee, contractor or volunteer of an Organisation) nominated by an Organisation to deliver activities under the Program, excluding Teachers;

b. ‘NSO’ means a National Sporting Organisation accepted by Sport Australia as a partner sport in the Program;

c. ‘NSO-nominated coaching provider’ means a coaching provider approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;

d. ‘Organisation’ means an NSO, SSO or NSO-nominated coaching provider;

e. ‘Program’ means Sport Australia's Sporting Schools program;

f. ‘School’ means an educational establishment whose major activity is the provision of full-time primary or secondary education accepted by Sport Australia to conduct activities under the Program;

g. ‘Site’ means the Program website;

h. ‘SSO’ means a State Sporting Organisation approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;

i. ‘Teacher’ means an individual (being an employee of a School that have a valid State and/or Territory teacher registration) nominated by a School to deliver activities under the Program;

j. ‘WWCC’ means a valid current Working With Children Check or equivalent clearance in the applicable State or Territory in which the Coach delivers activities under the Program.


DECLARATION

6. The Coach declares that he or she: 

a. does not have any criminal charge pending before the courts;

b. does not have any criminal convictions or findings of guilt for sexual offences, offences related to children or acts of violence or offenses related to dishonesty;

c. has not had any disciplinary proceedings brought against me involving child abuse, sexual misconduct or harassment, acts of violence, intimidation or other forms of harassment; 

d. has never been sanctioned for an anti-doping rule violation under any anti-doping policy applicable to me;

e. has never participated in, facilitated or encouraged any practice prohibited by the World Anti-Doping Agency Code or any other anti-doping policy applicable to me;

f. to their knowledge has no other matter that Sport Australia may consider to constitute a risk to the Program’s members, employees, volunteers, Schools, participating children or reputation by the Coach participating in the Program;

g. all information provided by the Coach in seeking to participate in the Program is true and correct;

h. will notify Sport Australia and the Chief Executive Officer of the Organisation engaging the Coach immediately upon becoming aware that any of the matters set out in this declaration has changed for whatever reason; and

i. has read, understood and accepted all of these terms and conditions. 


ACKNOWLEDGEMENTS

7. The Coach acknowledges and agrees that:

a. his or her participation in the Program imposes no obligations on Sport Australia;

b. his or her participation in the Program is subject to the Program being funded by Sport Australia;

c. he or she only remains eligible to participate as a Coach in the Program while nominated by an Organisation to deliver activities under the Program;

d. he or she may be engaged by an Organisation for the delivery of activities under the Program;

e. an Organisation is under no obligation to request the services of the Coach to deliver any activities under the Program;

f. at no time will the Coach be an employee, contractor, partner or agent of Sport Australia in relation to the Program; and

g. Organisations, Schools and Teachers are not employees, contractors or agents of Sport Australia.


    PROGRAM BOOKINGS

    8. The Coach acknowledges and agrees that:

    a. the Organisation’s Site account provides an online platform for administration and management of Program delivery by the Organisation, including enabling the Organisation to access booking requests made by Schools and assign booking requests to Coaches; 

    b. he or she will receive communications relevant to a booking request from the Organisation;

    c. he or she will accept or decline a booking request within the time specified by the Organisation;

    d. he or she will provide prior notice to the Organisation and the School if cancelling a confirmed booking within the notice period specified by the Organisation;

    e. by accepting a booking request, the Coach enters into a direct relationship with the relevant Organisation; and

    f. by accepting a booking request, the Coach accepts these terms and conditions.


    DELIVERY

    9. The Coach must:

    a. comply with all applicable child protection legislation;

    b. without limitation to the above, have and maintain a valid WWCC;

    c. provide evidence of his or her WWCC to the Organisation and, if requested, to the School and Sport Australia;

    d. must not deliver activities under the Program if he or she does not have a valid WWCC; and

    e. have and maintain valid industry qualifications, training and expertise to deliver the relevant activities under the Program.


    10. The Coach must immediately notify the Organisation and Sport Australia if he or she:

    a. no longer holds a valid WWCC;

    b. is under investigation by any authority for any child-related offence or misconduct;

    c. records a conviction under any child protection legislation; 

    d. breaches any applicable anti-doping policy; or

    e. fails to maintain any industry qualification, training or expertise.


    11. In delivering activities under the Program, the Coach must:

    a. comply with the NSO’s and the Organisation’s requirements for delivery of the activities under the Program;

    b. comply with all applicable laws and regulations;

    c. meet appropriate standards of care; 

    d. comply with the Sport Australia Anti-Doping Policy and any other applicable anti-doping policy; 

    e. comply with all applicable policies and procedures of the NSO, Organisation and the School;

    f. maintain a high standard of personal behaviour and integrity, not bring himself or herself, the NSO, the Organisation or the School into disrepute and comply with any applicable NSO or Organisation Coach Code of Behaviour;

    g. without limitation of the above, follow appropriate work health and safety and risk management policies and practices; 

    h. without limitation of the above, deliver sessions safely and comply with supervision ratios in accordance with NSO, Organisation and School policies and procedures; and

    i. use appropriate facilities and equipment.


    GENERAL

    12. The Coach must provide any information and reporting regarding his or her activities under the Program required by Sport Australia.

    13. If requested at any time (including after the completion of his or her activities under the Program), the Coach must participate in research and evaluation undertaken by Sport Australia or its contractors in relation to the Program.

    14. The Coach consents to receive information, including marketing and promotional material, from Sport Australia in relation to the Program.

    15. The Coach must comply with any reasonable request or direction from Sport Australia in relation to the Program, including specified measures to deal with an event or circumstance that has, or is likely to have, an adverse effect on the health or safety of persons.

    16. The Coach must not, without the prior written approval of Sport Australia, publish, distribute or communicate any material relating to the Program, whether developed by the Coach or otherwise, including any publicity materials, sponsorship messages or participant handouts intended for distribution to children, parents or schools. 

    17. The Coach must not, without the prior written approval of Sport Australia, use the name or logo of Sport Australia, the Australian Institute of Sport or the Program for any purpose. 

    PERSONAL INFORMATION

    18. Sport Australia collects personal information in the course of administering and promoting the Program and may disclose the personal information provided by the Coach to any or all of the following:

    a. Organisations and Schools for the purpose of prospective or confirmed delivery of activities under the Program;

    b. Sport Australia contractors for the purpose of Program delivery and administration; and

    c. researchers engaged by Sport Australia for the purpose of undertaking Program research and evaluation.


    INSURANCE AND LIABILITY

    19. The Coach will deliver activities under the Program entirely at his or her own risk.

    20. The Coach acknowledges and agrees that he or she is:

    a. not covered by any Sport Australia insurance and Organisations, Schools and Teachers are not covered by Sport Australia insurance;

    b. responsible for enquiring as to the insurance carried by each Organisation or School that may engage the Coach’s services; and

    c. responsible for ensuring the adequacy and the validity of the insurance carried by or covering the Coach.

    21. The Coach indemnifies Sport Australia, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with:

    a. the performance of any activities under the Program by the Coach;

    b. any negligent, wrongful or unlawful act or omission of the Coach in connection with the Program; or

    c. any breach of any of these terms and conditions by the Coach, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of Sport Australia, its officers or employees. 


    22. The Coach releases Sport Australia and its officers and employees from any liability arising out of, relating to or in connection with:

    a. any loss of or damage to any property of the Coach or any property for which the Coach is responsible; or

    b. any injury or illness to, or death of, the Coach, arising out of, relating to in connection with the Program.


    23. The obligations to indemnify and release set out in clauses 21 and 22 survive regardless of the Coach ending his or her participation in the Program. 


    TERMINATION

    24. Sport Australia may at any time by notice, at its absolute discretion, suspend or terminate participation of the Coach in the Program.

    25. Without limitation to clause 24, where the Coach breaches any of these terms and conditions, Sport Australia may, at its absolute discretion, suspend or terminate participation of the Coach in the Program.


    MISCELLANEOUS

    26. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.

    27. These terms and conditions are governed by the laws of the Australian Capital Territory and the Coach agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.