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Organisation Terms and Conditions

INTRODUCTION

1. These terms and conditions apply to all Organisations participating in the Program.

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

3. The ASC may at any time by notice to the Organisation 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 and the Coach Terms and Conditions applicable to Coaches.

DEFINITIONS

5. In these terms and conditions:

a. ‘ASC’ means the Australian Sports Commission;

b. ‘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;

c. ‘NSO’ means a National Sporting Organisation accepted by the ASC as a partner sport in the Program;

d. ‘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;  

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

f. ‘Program’ means the ASC’s Sporting Schools program;

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

h. ‘Site’ means the Program website; 

i. ‘Site account’ means an account for use of the Site by a School or Organisation that intends to participate in the Program, accessed via a registered individual username and password for an employee of the School or an employee, contractor or volunteer of the Organisation;

j. ‘Sport package’ means an NSO-approved sporting product delivered under the Program over a minimum of 4 sessions; 

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

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

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


ACKNOWLEDGEMENTS

6. The Organisation acknowledges and agrees that:

a. its participation in the Program imposes no obligations on the ASC;

b. its participation in the Program is subject to the Program being funded by the ASC;

c. if it is a SSO or NSO-nominated coaching provider, it only remains eligible to participate as an Organisation in the Program while approved by the relevant NSO to deliver activities under the Program;  

d. it may be engaged by a School for the delivery of activities under the Program;

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

f. at no time will the Organisation or its Coaches or employees be employees, contractors, partners or agents of the ASC in relation to the Program; and

g. NSOs, Schools and Teachers are not employees, contractors, partners or agents of the ASC.


PROGRAM BOOKINGS

7. The Organisation 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. it will receive communications relevant to a booking request through its Site account;

c. it will accept or decline a booking request through its Site account within 6 business days;

d. by accepting a booking request through its Site account, the Organisation enters into a direct relationship with the relevant School;

e. by assigning a booking request to a Coach through its Site account, the Organisation enters into a direct relationship with the Coach;

f. individual users of the Organisation’s Site account must comply with the User Terms and Conditions; and

g. the ASC may amend the Site and the Organisation’s Site account at any time.


8. The Organisation must use its Site account to:

a. contact a School for delivery of activities under the Program;

b. administer and manage booking requests, including amendments and cancellations, within the time limits specified by the School or the ASC;

c. input details of all of its Coaches and keep such details accurate and current; and

d. assign and manage Coaches to booking requests.


9. If the Organisation is an NSO, the Organisation must ensure that:

a. any SSO or NSO-nominated coaching provider that the Organisation approves to deliver activities under the Program with respect to the Organisation’s sport has the capacity, capability and expertise to deliver activities safely to the standard required by the Organisation and these terms and conditions; and

b. when approving NSO-nominated coaching providers, Coaches or Teachers to deliver activities safely to the standard required by the Organisation, the Organisation’s decision must be based solely on quality standards relevant to delivery of activities under the Program.


DELIVERY

10. The Organisation must comply with all applicable child protection legislation.

11. The Organisation must ensure that its Coaches:

a. comply with all applicable child protection legislation;

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

c. if requested, provide evidence of valid WWCCs to the relevant School and the ASC; 

d. do not deliver any activities under the Program if they do not have valid WWWCs; and

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

12. The Organisation must immediately notify the ASC if a Coach:

a. no longer holds a valid WWWC;

b. is under investigation by any authority for any child-related offence or misconduct (except to the extent that the Organisation is prohibited by law from disclosing such information);

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.


13. In relation to Sport packages delivered by Teachers, the Organisation must ensure that the Teachers:

a. are employed by the relevant Schools;

b. have valid State and/or Territory teacher registrations;

c. are appropriately insured, including if delivering before or after School hours; and

d. have and maintain valid industry qualifications, training and expertise to deliver the relevant activities.


14. In delivering activities under the Program, the Organisation must, and must ensure that its Coaches:

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

b. comply with all applicable laws and regulations;

c. meet appropriate standards of care;

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

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

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

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

h. without limitation to 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

15. The Organisation must provide any information and reporting regarding its activities under the Program required by the ASC.

16. If requested at any time (including after the completion of its participation in the Program), the Organisation must participate in research and evaluation undertaken by the ASC or its contractors in relation to the Program.

17. The Organisation consents to receive information, including marketing and promotional material, from the ASC in relation to the Program.

18. The Organisation must comply with any reasonable request or direction from the ASC 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.

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

20. The Organisation must not, without the prior written approval of the ASC, use the name or logo of the ASC, the Australian Institute of Sport or the Program.


PERSONAL INFORMATION

21. The ASC collects personal information in the course of administering and promoting the Program and may disclose the personal information provided by the Organisation to any or all of the following:

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

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

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


INSURANCE AND LIABILITY

22. The Organisation will deliver activities under the Program entirely at its own risk.

23. The Organisation acknowledges and agrees that it is:

a. not covered by any ASC insurance and Coaches, Schools and Teachers are not covered by any ASC insurance; 

b. responsible for enquiring as to the insurance carried by, or covering, each Coach, School, and Teacher in connection with the activities delivered by the Organisation; and

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

24. The Organisation indemnifies the ASC, 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 Organisation or its Coaches, officers, employees, agents, contractors or volunteers;

b. any negligent, wrongful or unlawful act or omission of the Organisation or its Coaches, officers, employees, agents, contractors or volunteers in connection with the Program; or

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


25. The Organisation releases the ASC and its officers, employees and agents from any liability arising out of, relating to or in connection with:

a. any loss of or damage to any property of the Organisation or its Coaches, officers, employees, agents, contractors or volunteers,  or any property for which the Organisation or its Coaches, officers, employees, contractors, volunteers is responsible; or

b. any injury or illness to, or death of, any of the Organisation’s Coaches, officers, employees, agents, contractors or volunteers, arising out of, relating to or in connection with the Program. 


26. The obligations to indemnify and release set out in clauses 24 and 25 survive the expiry or termination of the Organisation’s participation in the Program. 


TERMINATION

27. The ASC may at any time by notice, at its absolute discretion, terminate the participation of an Organisation and/or any of its Coaches in the Program. 

28. Without limitation to clause 27, where an Organisation breaches any of these terms and conditions, the ASC may, at its absolute discretion, terminate participation of the Organisation and/or any of its Coaches in the Program.  Such termination does not prevent an individual Coach from being re-nominated by another organisation. 


MISCELLANEOUS

29. 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.

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