This Event is run by Arc @ UNSW Ltd. (‘Arc’), a not-for-profit organisation in the State of New South Wales. These Terms & Conditions (“Terms”) govern your participation in, and attendance at, this Arc Sport Event (the “Event”). You are responsible for reviewing these Terms before registering for this Event. By clicking “I agree,” You confirm that You understand, agree to, and accept all Terms listed here.
Important: If You are under 18, a parent/guardian MUST agree to the following on Your behalf (and these Terms will be binding on both).
1) GENERAL
a) You warrant that you are over the age of 18, are legally entitled to accept these terms and conditions, and create legally binding obligations for any liability you may incur.
b) Arc may require all Participants (or their legal guardian) to sign a separate Risk Warning & Waiver of Liability form, which releases Arc from any liability or responsibility for Your health and safety; or for any loss or damage to property; or any third party’s property or persons, howsoever or when caused.
c) Arc shall not be responsible for or deemed to be in default by reason of delays in or failure to provide the Program due to causes beyond its reasonable control e.g. strikes, fires, floods, explosions, natural disasters, serious accidents, acts of God, failure of transportation, epidemics, or quarantine restrictions.
d) Arc may engage third party service providers to deliver goods and services connected with the Event. Arc does not own, operate, or control these service providers, accepts no liability for the provision of such services, and makes no warranty as to their quality and standard.
e) Any information provided by Arc about the Event is given in good faith and is based on information available at the time. Where information is provided by a third party, Arc makes no warranties as to its accuracy.
f) You have a duty to exercise good judgment and act in a responsible manner while attending the Event. You are expected to follow all rules and regulations, safety instructions and reasonable directions given by Arc staff, volunteers, representatives and any third-party service providers which may be involved in delivering the Event.
g) You acknowledge that the Event is subject to a range of circumstances and conditions that may not meet Your expectations, and that Arc has no reasonable control over. Accordingly, Arc is under no obligation to compensate You if You are not satisfied with any aspect of the Event irrespective of the reason.
h) You agree that Arc @ UNSW may release Your contact details (limited to name, email and/or phone number) to the relevant Team or responsible person for the purposes of organising and coordinating the Team.
i) You understand that these Terms also apply to any part of the Event that may be hosted online, including expected standards of behaviour.
2) ASSUMPTION OF RISK AND WAIVER OF LIABILITY
a) Participation in the Event is voluntary, and You expressly assume any and all risks (whether inherent or not, and whether listed or not) associated with the Event activities which may lead to loss, injury, disability or death.
b) You understand that participation in this Event may involve the following risks, including but not limited to sickness, slipping, falling, allergic reactions, unaccustomed physical exertion, changes in weather conditions, inadequate supervision, failure in equipment and facilities, collisions with people and objects, variations in terrain, Your own actions, the actions of other individuals and wildlife, other events outside Arc’s control, and risks associated with the specific sporting Event, including sprains, fractures, concussions, and cardiovascular stress.
c) You, your heirs, executors, administrators, successors, and/or assigns agree to:
i) Release Arc, its agents and employees from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, with respect to any bodily injury, personal injury, illness, death, financial loss, or property damage resulting from Your participation in the Event.
ii) Defend, indemnify and keep indemnified Arc, its agents and employees from any and all liabilities incurred in respect of any claim or cause of action (including negligence), including legal fees and expenses of litigation, on account of any personal injury, death, loss of health, financial loss, damage to property or any other loss or damage caused or contributed to by You.
d) Your registration for this Event is taken to be an “Assumption of Risk and a Waiver of Liability.” You expressly accept these risks and release Arc from liability for any property loss, personal physical or mental injury, or death caused by or during the Event.
3) PARTICIPANT OBLIGATIONS
a) Final acceptance into the Event is contingent on Arc receiving all compulsory payments and Your timely compliance with any additional requirements as communicated by Arc. Such requirements may include submitting participant forms (for example, a signed Risk Warning & Waiver of Liability), and/or attendance at inductions and information sessions. Failure to comply with such requirements may result in Your removal from the Event.
b) You must comply with the below Code of Conduct; this Code ensures that all participants in the Event understand the expectations for safe and respectful behaviour, regardless of whether playing, spectating, or attending social outings, ensuring the enjoyment and well-being of all participants.
i) Respect and Fair Play
· Respect for others: Treat all participants, including teammates, opponents, coaches, officials, spectators and members of the public, with respect and courtesy at all times, irrespective of gender, ability, cultural background, or religion.
· Integrity in play: Play with fairness, honesty, and integrity. Avoid any actions or tactics that are designed to gain an unfair advantage or disrespect others, including verbal abuse, physical aggression, attempts to provoke or distract opponents, and or any other and/or any other threatening, reckless or dangerous actions which are contrary to good sportsmanship.
· Adherence to rules: Abide by the rules of the game and respect decisions made by referees, umpires, or officials. If there are concerns, address them through the appropriate channels after the game.
ii) Safety and Well-Being
· Physical safety: Take responsibility for your own physical safety and that of others. Always warm up before play and ensure that you have the appropriate equipment for the sport.
· Injury prevention: Avoid playing or participating in a way that could endanger others' safety.
· Alcohol and substance use: Do not mix alcohol with sport. You will not be permitted to take part in the Event if You are suspected of being under the influence of alcohol or any illegal substances. You should avoid any behaviour that could impair Your judgment or actions while participating in this Event.
iii) Inclusivity and Non-Discrimination
· Equality and respect for diversity: This Event is inclusive of all individuals, regardless of age, gender, sexual orientation, race, religion, or disability. Discrimination, harassment, bullying or any form of exclusion is unacceptable.
· Promote a welcoming environment: Foster a culture of inclusivity where everyone feels welcome to participate, regardless of their skill level. Encourage others to join and respect their choices to engage or step back from play.
iv) Environmental Responsibility
· Respect for venues: Keep facilities and surrounding areas clean. Dispose of waste properly and leave areas as you found them.
c) You must inform Arc of any medication requirements, allergies and any other medical conditions that may affect your ability to participate in the Event. Arc will rely on the absence of any relevant disclosure as evidence of Your fitness and ability to participate. You understand You may be excluded or removed from the Event should Arc become aware of any relevant non-disclosure.
d) You warrant that all information provided to Arc is truthful and accurate, and You agree to hold Arc free from all liability for any consequences caused by You providing misleading or wrong information.
e) You authorise Arc to contact your provided emergency contact in case of an emergency.
f) You agree to return all equipment in the same condition as it was provided, undamaged and within the designated timeframe. You will be required to replace any property that is lost or damaged through Your careless or otherwise negligent behaviour.
4) REFUND POLICY
a) No refunds will be issued for a change of mind, or where You are removed from the Event under 3 or 6 of these Terms.
b) Full refunds are only available before or during the first week of competitions or courses, at Arc's discretion.
c) After the first week, refunds are subject to review by Arc @UNSW Sports Administration, and may include partial refunds, course/sport transfers, or credits, based on individual applications.
d) If requesting a full refund after week one, a detailed explanation and supporting documentation of extenuating circumstances must be submitted. Without these, the request will not be considered.
e) Credits: Any approved credits will expire at the close of the following competition or course registration.
f) Transfers: Course or sport transfers must occur before the second week of the course/competition.
g) Refunds: The amount of any refund is at the discretion of Arc @UNSW Sports Administration, pending review of the application.
h) Refund Processing Time: Refunds may take a minimum of two weeks, but the processing time can vary depending on the application review.
i) All refunds, credits, and transfers are at the discretion of Arc @UNSW Sports Administration.
5) FILL-IN/DROP-IN CLASS POLICY
a) Social Sport Fill-ins:
i) Fill-ins are allowed under if You meet the following conditions:
· Complete the "Fill-in Form" online.
· Pay a nominal fee per game (set by Arc Sport)
· After 4 games, pay the remaining balance to cover full registration.
b) All "Fill-ins" and "Drop-ins" must be current UNSW students and provide proof of enrolment if requested.
6) TERMINATION BY ARC @ UNSW LTD.
a) Arc reserves the right to decline to accept You as a participant, or to require You to withdraw at any time, where such action is determined by the appropriate Arc staff member to be in the best interests of the health, safety, and general welfare of the Event, other participants, or You.
b) Failure to meet Your obligations under 3(b) may result in Your immediate removal from this Event (and may also result in Your suspension from any future Arc events or other sanctions as Arc deems fit) at Your own cost and with no right of refund or appeal.
c) Arc may, in its sole discretion, decide that a breach of 3(b) also warrants further action under the Arc Membership Terms & Conditions.
7) PHOTOGRAPHIC RELEASE
a) By participating in this Event, You agree to being filmed or photographed. Arc reserves the right to use Your likeness in any photographs, video or audio recordings provided to Arc or taken by Arc, during or after the Event, for any legitimate purpose without further approval from You.
b) You agree to release Arc from any and all claims and demands arising out of or in connection with the use of your likeness, including but not limited to, claims for invasion of privacy, defamation, or financial compensation.
c) Arc will not identify You by name unless specifically authorised to do so.
8) OTHER
These Terms (which include the signed Risk Warning & Waiver of Liability form where it is separately required by Arc) are intended to be as broad and inclusive as permitted by the laws of New South Wales, Australia, and shall be governed by and interpreted in accordance with the laws of the State of New South Wales. In the event that any Term is held to be invalid by a court of competent jurisdiction, its invalidity will not otherwise affect the remaining Terms which will continue to be enforceable.