These are the terms and conditions on which Rogue Fencing Melbourne (ABN: 40 943 492 930) (referred to below as Rogue Fencing or ‘We’ or ‘Us’), offers to provide You with the 8 week beginners fencing course (‘the course’) referred to above.
1. The Beginners’s Fencing Course and Booking
- The Beginners Fencing Course (‘the course’) comprises 8 weekly sessions taught by a qualified fencing coach;
- The course curriculum and content are at all times subject to the teaching methods and discretion of the coach teaching the course;
- The coach teaching the course, and all officers of Rogue Fencing, will be identified to You on or before Your commencement of the course;
- The coach teaching the course, and all officers of Rogue Fencing, each hold relevant coaching qualifications, Work with Children Check or National Police Check as required;
- The course costs $250 (plus any credit card booking fee which may be applied by the relevant financial institution) (the ‘course fee’), and includes a voluntary guided warm up, 8 hour-long sessions covering the basics of modern foil fencing, and the provision of a mask and glove which become Your property once you finish the course;
- The course has  places, offered on a first come first served basis. Places can only be booked by payment of the course fee;
- You may not book a place on the course more than three weeks after the course has commenced, and no pro-rated reductions in the cost of the course will apply to such late bookings; and
- By booking a place on the course You accept and will be bound by these terms and conditions which will then form part of the legally binding contract between You and Us for provision of the course.
2. Participants Under 18 years old
If you are under 18 years of age:
- Your parent or legal guardian must book your place on the course on your behalf and accept these terms and conditions;
- Your parent or legal guardian must also take full financial responsibility for payment of all fees and other costs which are or may be associated with the course; and
- The parent or legal guardian who books Your place on the course also accepts these terms and conditions and is responsible for ensuring that You participate safely and comply with these terms and conditions.
Your health and safety is important to us, and this section sets out key terms and conditions intended to keep You and all other course participants safe.
- Fencing can be an energetic activity. By booking a place on the course, You promise to Us, in good faith, that You are in generally good health and do not know of any reason why You may not be able to exercise safely or participate in the course;
- You promise to inform the coach teaching the course, or the nearest officer of Rogue Fencing immediately if, at any time during the course, You feel unwell, or unable or disinclined to continue the course;
- You will take all reasonable care when participating to behave responsibly and safely, particularly when using any equipment (including any piece of equipment designed, intended, or which you have been informed by the coach teaching the course is to be used or worn when prticipating);
- You must ask the coach teaching the course if you are unsure about the operation, fitting or use of any equipment or have questions relating to it or any aspect of the course;
- We have the absolute right at any time to refuse You entry to our venue, to the course, or to continued participation in the course if We, or the coach teaching the course conclude that Your conduct constitutes a danger to You, to others, or if You or anyone associated with You (such as a family member) behaves in a manner that is threatening, harassing, reckless, dangerous (to any person or equipment), or is criminal or otherwise inappropriate;
- You must follow all reasonable directions of the coach teaching the course, or any other officer of Rogue Fencing relating to Your participation in the course, fencing, fitness, health or safety at our venue; and
- if You have any concerns with the course or other participants, or at any time feel threatened, harassed, or otherwise treated inappropriately, we ask that you bring this to the attention of either the coach teaching the course, or of an officer of Rogue Fencing, as soon as possible. Any issues raised will be treated in the strictest confidence.
Rogue Fencing prides itself on being a safe and welcoming place for all participants. We uphold the Australian Fencing Federation’s Member Protection Policy. You agree to be bound by and to follow our codes of conduct and anti-bullying policies including the following Rogue Fencing Code of Conduct:
- We are kind, courteous and fair, always. We do not tolerate chest-beating, mocking, intimidation, or injuring smaller or less experienced fencers;
- We use the honour system when fencing whether or not we are on a scoring box – if there’s a disputed point, we’re fair to each other and give zero or double points as agreed by the participants of that bout
- We help each other, are supportive, and positive about what we’re doing;
- We do not judge: people fence for different reasons, and we foster a people-focused, safe and supportive environment so that they may do so.
5. Media Rights
- You agree that by booking a place on this course, You provide us with consent to use images of, or the fact of your participation to promote the sport of fencing, and or attendance at Rogue Fencing, as we think fit. This consent includes the use of photo, video or other media in publications, promotional activities, social media, however created. You may withdraw this consent at any time. If You withdraw Your consent in writing, any images of You will be removed from the relevant medial as soon as reasonably possible.
- We do not grant You any rights as to our logo, trademarks or other intellectual property of any kind associated with Us or with our classes, techniques, methods, business plans, lessons, courses or training methods.
5. Cancellations and refunds
We are a not-for profit community sports club. While we strive to act fairly at all times, the terms below are intended to allow us to be able to cover the costs of providing the course while offering what flexibility we can to participants in the light of changing circumstances.
- The greatest extent permitted by law, once made, all bookings are non-refundable. However, depending on the circumstances of Your cancellation or withdrawal from the course, We may, in our absolute discretion, elect to offer, at our option, a full or pro-rated refund of any payments made, or a place on a subsequent beginners course;
- Subject to (i) above, no refund will be offered if you decline to continue with the course once you have commenced (other than due to medical advice confirmed to us in writing by a licensed physician);
- If we offer a refund, we may place upon it conditions (such as finding an alternative participant to take your place on the course if you have to cancel your participation);
- Subject to the foregoing, if we are forced to cancel the course due to any law, regulation or policy intended to combat COVID-19, or for any other contagion or epidemic, or due to any other circumstances beyond our control, we will issue affected participants a place on a subsequent course wherever possible; and
- No refund will be offered for any part of the course or equipment already provided.
- Fencing is considered a safe sport, and the correct use of appropriate protective equipment under the supervisions of a suitably qualified coach helps it remains safe. However, despite all reasonable efforts, as with any active sport, accidents causing serious personal injury can occur;
- By booking a place on the course you agree that:
1. You are aware of the risks, that they may be caused by You own, or another’s act or omission;
2. You participate entirely at your own risk;
3. You, Your executors, administrators, dependents and any other personal representatives, hereby release, indemnify and hold harmless, Rogue Fencing, its members, officers, servants, agents, employees and other participants on the course, from all liability, claims, demands, losses, or damages whatsoever (and whether caused or alleged to be caused in whole or in part by the negligence of any person) for and in respect of any loss of or damage to any of Your property, or any injury or death to You arising in any manner whatsoever out of Your participation in the course.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), 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-
- Are rendered with due care and skill; and
- Are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- 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, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
- If any court finds that any part of these terms and conditions is, or becomes illegal, void or unenforceable, that party is deleted and the remainder of these terms and conditions remains in full force an effect and shall be construed to give effect, as far as possible, to the original intent behind those terms and conditions, as if the illegal, void or unenforceable part had never been contained.
- No provisions of these terms and conditions shall be interpreted adversely against a party solely because that party was responsible for drafting that provision.
- These terms and conditions comprise the complete agreement between You and Rogue Fencing in respect of the course, and supersede any other written or oral arrangements or understandings made at any time in respect of the course, Your booking and participation on the course.