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School Terms and Conditions

INTRODUCTION

1. These terms and conditions apply to all Schools registering, applying for funding or conducting activities under the Program.

2. The ASC may at any time by notice to the School vary these terms and conditions.

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


DEFINITIONS

4. In these terms and conditions: 

a. ‘Acquittal’ means a financial declaration completed by a School at the end of a Funding period reconciling financial expenditure of a Grant;

b. ‘ASC’ means the Australian Sports Commission;

c. ‘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; 

d. ‘Funding period’ means the time period specified by the ASC within which a School may use a Grant to deliver activities under the Program; 

e. ‘Grant’ means funding allocated to a School by the ASC to support the delivery of activities under the Program;

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

g. ‘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;  

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

i. ‘Participant’ means an individual who takes part in Sporting Schools sessions;

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

k. ‘Registration’ means the creation of a Site account for the School and verification of School details;

l. ‘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;

m. ‘Site’ means the Program website;

n. ‘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;

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

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

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

r. ‘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

5. The School acknowledges and agrees that: 

a. the ASC may accept or reject a School’s Registration in its absolute discretion;

b. the ASC may accept (including by making a Grant of a lesser amount than that requested) or reject a School’s funding application in its absolute discretion;

c. acceptance by the ASC of a School’s Registration or funding application or its participation in the Program imposes no obligations on the ASC;

d. it must be registered to be eligible to apply for funding to have activities under the Program delivered at its nominated location(s);

e. any Registration and funding is subject to the Program being funded by the ASC;

f. its status as a funded School of the Program only remains valid whilst the School is registered;

g. at no time will the School or its Teachers or other employees be employees, contractors, partners or agents of the ASC in relation to the Program; and

h. Organisations and Coaches are not employees, contractors, partners or agents of the ASC.


GRANT OBLIGATIONS

6. If the ASC decides to accept a School’s funding application: 

a. the ASC will send written notice to the School advising the amount of the Grant;

b. subject to clause 7 below, the ASC will pay the entire Grant directly to the bank account nominated by the School, which must be either: 

i. in the School’s name, which they solely control; or
ii. an account otherwise approved by the ASC, and be with an authorised deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia;

c. the Grant will be made subject to these terms and conditions; 

d. the ASC will not be responsible for the provision of additional funding to meet any expenditure in excess of the total amount of the Grant, regardless of the actual expenditure by the School; and

e. an enforceable agreement between the ASC and the School comprising these terms and conditions and the funding application form will take effect upon the ASC approving the Grant.

7. If the School is required to be registered for GST, and is not a government related entity as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth):

a. the Grant will be increased by the prevailing rate of GST; and

b. the School declares that it and the ASC are parties to a Recipient Created Tax Invoice (RCTI) Agreement. By doing so, the School is authorising the ASC to issue a tax invoice with respect to the Grant on the School’s behalf.

8. The School must:

a. use the Grant only for activities under the Program and for no other purpose;

b. conduct the activities identified in the approved funding application (including identified participant numbers) during the Funding period in accordance with these terms and conditions;

c. complete an Acquittal provided by the ASC for the Funding period, demonstrating:

i. the School has conducted activities under the Program in accordance with these terms and conditions;
ii. the expenses incurred by the School to deliver the Program (which the ASC may reject in its sole and absolute discretion);
iii. whether there is any unspent portion of the Grant; and
iv. return the Acquittal by the set due date;

d. return any unused portion of the Grant or rejected expenses, when invoiced by the ASC after the end of the Funding period;

e. conduct the activities under the Program itself (and not through any third parties including any Out of School Hour Care Service), and must not transfer the Grant to any other person or organisation, unless approved in writing by the ASC (and any such approval may be conditional upon the return to the ASC of part or all of the Grant);

f. expend the Grant only on eligible costs as specified by the ASC;

g. maintain complete and accurate records and accounts detailing the receipt, use and expenditure of the Grant, and upon request, submit them to the ASC to verify expenditure as recorded on the Acquittal for the Funding period; and

h. provide the ASC, or its authorised representatives, access to the School’s records and accounts at any time during or after the Funding period for the purposes of copying the records and auditing the School’s use and expenditure of the Grant.

9. During and after the Funding period, the ASC reserves the right to publicise and report on the award of the Grant to the School, including publishing the School’s name and location, the amount of the Grant, and a description of the Program activities. 

10. Without limitation to any other rights of the ASC, if the ASC reasonably believes, at any time during or after the Funding period, that the School:

a. has provided false or misleading information;

b. has ceased to operate;

c. has not performed, or will not perform, the Program for the entire duration of the Funding period; or

d. has otherwise breached any of its obligations set out in these terms and conditions, then the ASC may, by written notice, require the School to repay the ASC, at the ASC’s absolute discretion, all or part of the Grant, and/or decline future funding applications submitted by the School. The amount notified becomes repayable within 30 days of any such notice.


PROGRAM BOOKINGS

11. The School acknowledges and agrees that:

a. the School’s Site account provides an online platform for the administration of Grants, the administration of Program delivery and access to Sport packages from Organisations;

b. by making a booking through its Site account, the School enters into a direct relationship with the relevant Organisation;

c. it will receive communications relevant to the booking request through its Site account; 

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

e. the ASC may amend the Site and School’s Site account at any time.

12. The School must use its Site account to:

a. engage an Organisation or nominate a Teacher for delivery of activities under the Program; and

b. administer and manage Sport package booking requests, including amendments and cancellations, and keep such details accurate and current.


DELIVERY

13. The School must ensure that it:

a. offers the activities under the Program at no cost to participants;

b. the activities under the Program are complementary to existing sport and physical education activities;

c. each session has a minimum of the same 10 participants and the same participants must have an opportunity to take part in each session (4 sessions minimum) of the nominated Sport package; and

d. the activities are delivered before, during or after school.

14. The School must comply with all applicable child protection legislation.

15. In relation to activities under the Program delivered by its Teachers, the School must ensure that the Teachers:

a. are employed by the School;

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

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

d. comply with all applicable child protection legislation;

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

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

16. In relation to activities under the Program delivered by Coaches, the School must ensure that the Coaches:

a. comply with all applicable child protection legislation;

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

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

17. In relation to activities under the Program delivered by Coaches:

a. the School must supervise the Coaches in delivering the activities; and 

b. the School acknowledges that it will not be relieved of any of its obligations under these terms and conditions.

18. In relation to activities under the Program, the School must, and must ensure that Coaches and Teachers delivering the activities:

a. comply with the relevant 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 School, NSO and Organisation;

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

i. use appropriate facilities and equipment.


GENERAL

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

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

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

22. The School 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.

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

24. The School 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

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

a. Organisations and Coaches for the purpose of prospective or confirmed delivery to the School 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

26. The School will conduct activities under the Program entirely at its own risk.

27. The School acknowledges and agrees that it is:

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

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

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

28. The School 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 School or its Teachers, officers, employees, agents or contractors;

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

c. any breach of any of these terms and conditions by the School, 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.  

29. The School 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 School or its Teachers, officers, employees, agents or contractors, or any property for which the School or its Teachers, officers, employees, agents or contractors is responsible; or
b. any injury or illness to, or death of, any of the School’s Teachers, officers, employees, agents or contractors, arising out of or in connection with the Program.

30. The obligations to indemnify and release set out in clauses 28 and 29 survive the expiry or termination of the School’s participation in the Program.


TERMINATION

31. The ASC may at any time by notice, at its absolute discretion, terminate the participation of the School in the Program.

32. Without limitation to clause 31, where the School breaches any of these terms and conditions, the ASC may, at its absolute discretion, terminate the participation of the School in the Program.


MISCELLANEOUS

33. 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.

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