Terms and Conditions
TERMS & CONDITIONS & CODE OF CONDUCT
(All Members must abide by the conditions set out below, including the Enrollment Information Pack)
______________________________________________________________________
1. Membership
1.1 The Mid North All Stars, City All Stars, and City Elite All Stars annual registration membership fee is charged per student and is a condition of enrollment in our programs.
1.2 Membership is:
•Non-refundable
•Valid for one calendar year only
•Required to be paid in full by the due date
1.3 Failure to pay will result in suspension of participation until payment is received. Membership covers registration and, for competitive athletes, personal accident insurance.
1.4 The Club reserves the right to immediately suspend or dismiss an athlete or family without refund for serious breaches including, but not limited to: theft, substance use, harassment, bullying, threatening behaviour, deliberate damage to property, or conduct bringing the Club into disrepute.
______________________________________________________________________
2. Health & Illness Policy (COVID-19, RSV, Influenza, Whooping Cough)
2.1 Families must notify the Club if a positive case occurs within their household within three (3) days of attendance.
2.2 If a class is exposed to a confirmed case, families will be notified. Athletes may be required to provide a negative test result before returning.
2.3 These measures prioritize health, safety, and in-person training continuity.
______________________________________________________________________
3. Dress Code & Uniforms
3.1 Athletes must follow the Club dress code as outlined in the Enrollment Information Pack.
3.2 Requirements:
•Hair tied back in a ponytail or bun
•Competition athletes: professional cheer/dance shoes; sneakers only to/from training
•Athletes under 12 wearing a crop/skort must cover the stomach with a tan leotard
•No jewellery, acrylic/fake nails, or fitness watches (MedicAlert bracelets allowed if securely taped)
•No oils or moisturisers due to safety risks
3.3 Non-compliance may result in exclusion from training/events and rescheduled sessions at the athlete’s or team’s expense.
______________________________________________________________________
4. General Training Information
4.1 Training sessions are scheduled weekly, with additional sessions scheduled by coaches before competitions.
4.2 All schedules, competition dates, fees, and uniform requirements are outlined in the Program Information Pack.
4.3 Training times and competition entries may change; families will be notified where possible.
4.4 Payment of fees does not guarantee competition placement. Athletes earn the right to compete through attendance, attitude, safety readiness, and performance consistency as determined by coaching staff.
4.5 Club merchandise is offered 1–2 times per season, with orders taking up to 8 weeks on average.
4.6 Prices may increase annually due to supplier costs; families will be notified in writing.
______________________________________________________________________
5. Competition & Competition Bundles
5.1 Uniforms & Cost
•The Enrollment Information Pack provides detailed uniform/costume requirements.
•Dance and cheerleading uniforms/costumes are distinct, with costs essential to participation.
•All fees are managed through the Club, including taxes and supplier payments.
5.2 Competition Bundles (State-Based Competitions)
•Includes competition entry fees, individual registrations, insurance, routine music ($280–$950/track), coach accommodation, travel allowance ($50), and in-house choreography adjustments.
•External choreography (up to $3,000/routine) is additional and equally distributed among athletes plus applicable tax.
•Nationals and Internationals events are excluded from bundles; invoiced separately.
5.3 Competition Guidelines
•Dance and cheer are distinct disciplines, each requiring unique uniforms and routines.
•Families are responsible for all associated competition costs, including uniforms for replacement athletes if required.
______________________________________________________________________
6. Tuition & Financial Obligations
6.1 Competitive athletes: tuition/fees are charged per season (4 terms); must be paid in full by due dates.
6.2 Recreational athletes: tuition charged per term (Terms 1,2,3,4).
6.3 Invoices are sent term-by-term via email; families must monitor emails or use the Member Portal for viewing invoices, receipts, and payments.
6.4 Payments may be made by cash, or via the Class Manager system using card payment or Stripe direct debit.
All non-cash payment methods are processed through third-party payment providers and incur additional processing fees. These fees are set by the payment provider, are outside the Club’s control, and will be passed on in full to the account holder using that payment method.
The Club does not absorb, reduce, or waive third-party processing fees. By choosing a payment method other than cash, the account holder acknowledges and agrees to pay any applicable transaction or processing fees associated with that method.
Processing fees apply per transaction and are non-refundable, including where a payment is later reversed, disputed, or refunded.
6.5 Class Manager supports AutoPay through the Stripe payment system.
By enabling AutoPay, the account holder authorises the Club to automatically debit the nominated payment method for all invoices on or before the due date.
Stripe Processing Fees:
The following fees apply and are set by Stripe, not the Club (current as of 17/01/2026 and subject to change at any time in accordance with Stripe’s pricing):
• Stripe transaction fee: 1% (including GST)
• Domestic card payments: 1.7% + $0.30 AUD per transaction
• International card payments: fees apply in accordance with Stripe’s current pricing
These fees are charged per transaction and will be automatically added to the invoice total where applicable.
The Club does not control, profit from, or absorb third-party processing fees and is not responsible for changes to Stripe’s pricing structure.
At this time, the GoCardless AutoPay function within Class Manager is not offered.
6.6 30-Day Cooling-Off Period: withdrawal within 30 days of term 1 start permitted by written notice to [email protected] or [email protected]; fees paid/owed up to this point are non-refundable.
6.7 Fees are not prorated or adjusted for absences, illness, injury, holidays, or personal scheduling conflicts.
6.8 Families may seek sponsorships to offset costs. Coaching staff can provide sponsorship letters; local councils may contribute $250 per year towards competition, travel related costs. Other grants providers such as Country Arts SA, provide sponsorship opportunity grants which can be applied for.
6.9 Our fees are competitive in South Australia, often lower than similar clubs for single-discipline programs.
6.10 Fees will not be refunded or credited for disruptions outside the Club’s control, including but not limited to natural disasters, government restrictions, venue closures, or public health directives.
______________________________________________________________________
7. Competition Athletes – Fees & Requirements
7.1 Fees must be paid in full by due dates; non-payment results in suspension of participation. Charges will continue to accrue.
7.2 Fees are non-refundable, even in cases of withdrawal.
7.3 Upfront fees allow the Club to cover costs for:
•Re-choreographing routines
•Covering competition entries
•Training sessions, etc
7.4 Uniforms & Replacement Athletes
•Replacing athletes must be provided uniforms by the absent athlete.
•If sizes are incompatible, the absent athlete is responsible for ordering new uniforms.
•The Club reserves the right to withhold uniforms, costumes, or merchandise until all outstanding balances are paid in full.
7.5 Withdrawal & Fill-In Costs
•Costs for withdrawals or injuries may exceed $900 per training day, depending on location and travel.
•Fill-in athlete costs: $200–$1,000/day, depending on location/travel (e.g., Adelaide-based replacements may incur higher costs).
______________________________________________________________________
8. Attendance & Off-Mat Policy
8.1 Athletes must attend all sessions. One absence per term permitted (excluding 4 weeks prior to competitions).
8.2 Absences must be communicated via the Club app, with medical evidence where applicable.
8.3 Unapproved absences will incur costs for additional sessions or fill-in athletes.
8.4 Off-mat athletes must attend training, complete warm-ups, and support their team.
8.5 Excessive or poorly communicated absences may result in position changes, alternate status, removal from routines, or removal from competition teams at the Club’s discretion.
8.6 Consistent compliance may allow reinstatement.
______________________________________________________________________
9. Injury & Recovery
9.1 Injuries sustained at Club events are treated by qualified first aid staff. Families are responsible for medical/ambulance costs.
9.2 Medical clearance may be required for return to training.
9.3 Injured athletes must attend training to observe and support their team.
9.4 Fill-In Athlete Costs (Injury & Recovery)
•Families are responsible for costs when fill-ins are required.
•Costs: $200–$1,000/day, depending on location/travel.
•Additional training for fill-ins is charged to the injured athlete’s family.
9.5 Special Circumstances
•Casted athletes and pregnant participants may continue training with routine modifications.
•They may also compete on stage in accordance with event provider terms and conditions.
______________________________________________________________________
10. Physical Contact
10.1 Physical contact is necessary for spotting, lifts, corrections, and instruction.
10.2 Bruising may occur due to spotting, stunts and tumbling.
10.3 Contact may also occur during first aid or uniform fittings.
10.4 Two staff members will be present in all sessions whenever possible.
______________________________________________________________________
11. Club Loyalty & Courtesy
11.1 Athletes may not receive training from other cheer/dance providers without written approval from the Head Coach.
11.2 Exceptions: training in dance styles not offered by the Club, provided there is no scheduling conflict.
11.3 Athletes must demonstrate loyalty, commitment, and respect to the Club, staff, and teammates.
______________________________________________________________________
12. Athlete Behavior & Expectations
•Abide by all Terms & Conditions, Code of Conduct, and respect others.
•Must not be banned from any other Cheer/Dance/Gymnastics Federation or Event.
•Behave politely, respectfully, and encouragingly at all times.
•Respect Club property and equipment; arrive on time for trainings/events.
•Meet uniform and grooming guidelines; bring a labelled water bottle.
•No yelling, foul language, gum, alcohol, or smoking at any Club sessions.
•Dance/cheer shoes only for training/competition.
•Limit unnecessary talking; disciplinary action applies.
•Mobile phones must be off or silent; no access during sessions.
•Valuables are athlete responsibility; Club is not liable.
•Give 100% effort; apply corrections immediately; communicate if instructions unclear.
•Understand routines/roles may change over time.
•Support teammates; act as a positive role model.
•Negative behaviour or communications toward the Club or other clubs may result in removal or legal action.
______________________________________________________________________
13. Parent/Caregiver Behavior & Expectations
•Familiarize with and abide by Club policies, procedures, Code of Conduct, and T&Cs.
•Provide encouragement and support to all athletes.
•Do not interfere with coaching or instruct athletes during club classes, events.
•Sit in designated areas and cleared by WWCC/DCSI, copies provided physical and electronic to the club and approved by staff.
•Supervise your non-Club children while waiting.
•Notify staff of absences with reasons promptly. Ensure appropriate medical certificates and medical clearances are promptly followed up and provided to [email protected].
•Ensure athletes attend trainings/events on time and are picked up promptly.
•Explain to children that all Club policies must be followed.
•Actively involved parents must provide DCSI/child-related clearance as detailed above.
•Aggressive or inappropriate behavior is not tolerated; disciplinary action may result.
______________________________________________________________________
14. Electronic Communication & Social Media
•Communications must be timely, relevant, and protect member privacy.
•Must not harass, intimidate, mislead, or humiliate others or the Club.
•Social media must be family-friendly, positive, and accurate.
•Coaches must direct communications involving children through parents.
•Violations may result in disciplinary action or legal consequences.
______________________________________________________________________
15. Bullying & Harassment Policy
•Verbal/physical abuse, exclusion, humiliation, or cyberbullying is strictly prohibited.
•Victims should attempt direct resolution; if unsuccessful, contact Head Coach.
•Immediate dismissal or disciplinary action may occur depending on severity.
______________________________________________________________________
16. Food, Drink & Other Substances
•Only water bottles are permitted; stored in designated areas.
•No food/drinks on mats or training equipment, or inside of theatre. Water in a waterbottle is an exception.
•Illicit drugs, alcohol, or non-prescribed medication strictly prohibited.
•Parents responsible for prescribed medication outside training premises.
•Maintain healthy dietary habits and positive body image.
•Uniforms and merchandise represent the Club; members must uphold Code of Conduct.
______________________________________________________________________
17. Fundraising & Community Events
17.1 Fundraising Overview
The Mid North All Stars, City All Stars, and City Elite All Stars organise multiple fundraising activities each year to support the club, its programs, and athletes. These activities may include, but are not limited to, bake sales, hair braiding or glitter tattoo stalls, mini-tumble clinics, market stalls, school drives, gift hampers, community lottery through a bank, and participation in community events such as Christmas and Easter celebrations, or local community fairs (e.g., Kadina Showgate).
17.2 Fundraising Group
A fundraising group is composed of parents, caregivers, and staff members. Anyone interested in joining the fundraising group may express their interest by emailing the Club at [email protected] or [email protected]. Participation in this group provides opportunities to contribute to the club’s success and support its athletes.
17.3 Team-Based Fundraising
Team-based fundraising activities are designed to directly benefit the athletes who actively contribute. Only those members, parents, or caregivers who put in the effort for team-based fundraising will receive the associated percentage of rewards or proceeds.
•This ensures fairness and prevents individuals who do not participate from benefiting from the efforts of others.
•The Club reserves the right to determine effort and contribution levels and allocate proceeds accordingly.
17.4 Club-Based Fundraising
Funds raised through general club-wide activities are pooled for the benefit of the Club as a whole. All members benefit equally from these funds, regardless of individual effort, and this differs from team-based fundraising.
17.5 Community Event Participation
Athletes, parents, and caregivers may be asked to participate in community events as representatives of the Club. Volunteers may assist with setting up equipment, supervising children, ensuring waivers are signed, or other tasks necessary to safely and successfully run the event.
17.6 Compliance & Safety
All participants in fundraising and community events must comply with the Club’s safety, behavior, and Code of Conduct policies. This includes supervising children, adhering to health and safety rules, and ensuring that all activities reflect positively on the Club.
17.7 Acknowledgement
By participating in fundraising or community events, members acknowledge that rewards, proceeds, or benefits will only be distributed as outlined in this policy and that all volunteers are expected to act professionally, responsibly, and in accordance with Club rules.
______________________________________________________________________
18. Heat & Extreme Weather Policy
The Mid North All Stars, City All Stars, and City Elite All Stars are committed to providing a safe training and performance environment for all athletes, staff, and families. All training venues are fully air-conditioned, however this policy applies during the warmer months and periods of extreme heat to ensure athlete wellbeing.
Weather Assessment
Decisions regarding training modification, cancellation, or performance adjustments will be based on the Bureau of Meteorology (BOM) forecast, venue conditions (including indoor temperature), and staff assessment on the day.
Modified Training (36°C – 37.9°C Forecast)
Where the forecast temperature is 36°C or higher, indoor training may continue in air-conditioned facilities with modifications as required, including but not limited to:
• Reduced training intensity
• Increased hydration and rest breaks
• Modified skill progressions and conditioning
• Close monitoring of athletes for signs of heat stress
Athletes will be encouraged to arrive well hydrated. Coaches reserve the right to rest, modify participation, or temporarily remove any athlete displaying signs of overheating.
Extreme Heat – Indoor Training Cancellation (38°C or Higher Forecast)
If the forecast temperature is 38°C or higher during the scheduled indoor training period, the Club may cancel affected sessions even though training occurs in air-conditioned environments, should conditions be deemed unsafe or unsuitable.
• Once a cancellation notice has been issued, sessions will remain cancelled even if a later cool change occurs. Please note that fees for classes or performances cancelled due to extreme heat are non-refundable, in line with the Club’s standard Terms & Conditions. Where possible, make-up sessions may be scheduled at the discretion of the Club
Outdoor Performance Cancellation – Extreme Heat
For all outdoor performances, or community events involving physical activity, if the forecasted temperature is 33°C or above, the performance will be cancelled for athlete safety. Fees or associated costs for cancelled outdoor events are non-refundable. The Club will notify families as soon as possible and may offer rescheduled opportunities at the Club’s discretion.
______________________________________________________________________
19. Limitation of Liability & Risk Acknowledgement
19.1 Assumption of Risk
All members, athletes, parents, and guardians acknowledge that participation in any activity organized, hosted, or sanctioned by the Mid North All Stars, City All Stars, and City Elite All Stars, including but not limited to training, competitions, performances, fundraising, community events, travel, or other Club activities, carries inherent risks. These risks include, without limitation, personal injury, property damage, illness, or other loss.
19.2 Release of Liability
By enrolling, members agree that the Club, its officers, directors, coaches, staff, volunteers, and associated entities shall not be liable for any personal injury, property damage, or financial loss incurred while participating in Club activities. Members accept full responsibility for their own safety and the supervision of their dependents.
19.3 Insurance
The Club provides personal accident insurance for registered competitive athletes only, subject to the terms and limits of the policy. Families are responsible for obtaining additional or supplementary insurance if desired. The Club is not responsible for any costs not covered by insurance.
______________________________________________________________________
20. Media, Photography & Video
20.1 Consent
Members consent to photographs, video recordings, and audio recordings being taken during Club activities for the purpose of promotion, education, or social media.
20.2 Competition Team Media Consent
If a student is a member of a competition team and does not provide consent for media, photography, or video recording, this will result in any prepaid competition entry fees that include official images and videos not being recorded or captured by the event provider for that team. Consequently, no images or videos will be supplied to any athlete within that team.
No discount, refund, or fee reduction will be provided for this component of the competition entry fee.
For this reason, participation in competition team sports strongly requires that all team members provide consent to media, photography, and video recording to ensure equitable access to event deliverables for all athletes.
20.3 Opt-Out
Members may request in writing to opt out of media usage prior to enrolment and registration. The Club will make reasonable efforts to comply with such requests but does not guarantee the complete exclusion of the individual from all media coverage. Competition teams require full consent to perform within them.
20.4 Representation
Members acknowledge that their likeness or information may appear in Club promotional material, online platforms, and other publications.
______________________________________________________________________
21. Governing Law & Dispute Resolution
21.1 Governing Law
These Terms & Conditions are governed by the laws of South Australia.
21.2 Dispute Resolution
In the event of a dispute arising under or relating to these Terms, members agree to first attempt resolution through mediation with Club management. Legal action may only be pursued after reasonable efforts to resolve the matter internally have been made.
21.3 Final Decision
The Club reserves the right to make final decisions regarding the interpretation and enforcement of these Terms & Conditions, including disciplinary action, suspension, or removal from Club programs. Decisions will be made fairly and in accordance with the Club’s policies.
______________________________________________________________________
22. Overdue Accounts
22.1 All accounts must be paid by the due date set by the Mid North All Stars, City All Stars, City Elite All Stars or late fees as detailed in our financial contract will be applied to the account. Athletes with outstanding account balances will not be able to participate and will be required to sit out on the sideline at practices. This may impact their participation in upcoming competitions.
22.2 If the arrears have not been settled within a 4-6 week period, the Mid North All Stars, City All Stars, City Elite All Stars reserve the right to seek legal services to recovery agents to seek the arrears and late fees. The client will be required to pay any collection incurred fees and litigation costs of the Mid North All Stars, City All Stars, City Elite All Stars.
22.3 We wish to inform that Collections will affect your credit rating in these occurrences. Please review further terms below:
22.4 The Customer agrees to pay all amounts due in clear funds from the date of invoice for the Goods and/or Services provided by the Business (Mid North All Stars).
22.5 The Customer agrees that if it fails to pay in accordance with this clause, the Business (Mid North All Stars& City All Stars) may:
(a) Charge a late payment fee of 2.5% per month on all amounts paid after the due date along with a $50 per month charge for collection services on behalf of the Mid North All Stars & City All Stars utilising collection services o recover overdue accounts;
(b) Charge a dishonour handling fee in the amount of $25.00;
(c) Withhold supply;
(d) Sue for the money owing on the Goods or Services provided;
(e) Take steps to secure monies owing and enforce such security;
(f) Recover all collection costs and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis from the client/account holder.
______________________________________________________________________
23. Necessary disclosure of information
Some information may be necessarily disclosed to another director/gym owner to whose organisation an athlete intends to transfer, if it is assessed that withholding of such information would be to the overall detriment of either organisation or may pose risk of harm to either organisation or its members.
Information we can disclose:
•An athlete has left our organisation but continues to owe money to our organisation.
i.This includes the disclosure of the amount owed to our organisation, and the amount paid thus far.
ii.This includes any steps taken by our organisation to recoup said debts, and the outcome of such steps.
•An athlete has failed to fulfil their commitment to their team(s) in our organisation, in a way that has been negatively impactful upon that team(s) season and viability.
i.For example, an athlete leaves a team before the season has concluded without adequate reason for doing so.
ii.For example, an athlete has a problematically poor attendance history which has not been adequately accounted for.
•An athlete or their family has displayed concerning conduct.
i.For example, an athlete or family member has participated in the harassment, discrimination, or bullying of another athlete or family member.
ii.For example, an athlete or family member has demonstrated particularly unsportsmanlike behaviour.
iii.For example, an athlete has attempted to coerce or solicit other athletes to transfer to another organisation (whether to or from our organisation).
1.We strictly do not condone “poaching” of athletes.
iv.For example, an athlete or family member has spread abusive or hateful content online about cheerleading participants, teams, or organisations.
v.Any conduct by an athlete or a family member that has brought the organisation’s name, logo, or other likeness into disrepute.
•An athlete or their family has been given a formal warning for a breach of our Club Code and policies.
•An athlete or their family has been dismissed from our organisation for a breach of our Club Code and policies.
•This information will only ever be directly disclosed by our director/gym owner (Tonéya Ashby) to another director/gym owner; no other members of our staff are to be involved in any such disclosures of information.
Information we will not disclose:
•A participants’ contact details (such as phone number/address).
•A participants’ relevant medical history (such as asthma, allergies, etc.).
•A participants’ dietary requirements.
•A participants’ direct verbal/written communication with our staff.
•Any information that is not considered strictly necessary to share in order to protect the interests of either gym involved and prevent risk of further harm to either gym and its participants.
______________________________________________________________________
24. Occupational Health and Safety
24.1 The Mid North All Stars, City All Stars, City Elite All Stars are committed to providing athletes with a safe environment for all events/performances/training's. They intend and aim to setup and maintain a safe cheer and dance environment for all their athletes. Appropriate emergency procedures exist, and staff understand the procedures relevant to their locations. Their staff have the responsibility and authority to ensure health and safety objectives are achieved. They will identify and eliminate unsafe acts, procedures, conditions, equipment, and hazards of all kinds. Behaviour from athletes/parents/caregivers that may cause an unsafe environment will not be tolerated. In the event of an injury, one of our qualified first aid staff may administer their services. If medical services are further required and an ambulance is called the athlete/parent/caregiver will be immediately contacted regarding the injury and information regarding requiring an ambulance. It is important to note that all families should
24.2 Mid North All Stars, City All Stars, City Elite All Stars will not be held responsible for injury incurred by athletes, parents, caregivers or visitors inside or outside of our academy premises. Parents must be responsible for athletes before and after training sessions/events/performances. Athletes under 18 years of age are not to wait outside premises for parents/caregivers to pick them up. Therefore, it is the responsibility of the parent/caregiver to come into the pickup areas on the Mid North All Stars, City All Stars, City Elite All Stars premises and collect their children unless legally abiding by Government regulations.
24.3 Emergency evacuation information and equipment is publicly made available throughout our premises to all staff/volunteers/athletes/visitors .
24.4 Furthermore, The Mid North All Stars staff must be notified of any allergies that the athletes may have.
______________________________________________________________________
25. Legal Copyright
Any choreography taught during training and performed by the Mid North All Stars, City All Stars, City Elite All Stars members remains the sole property of the Mid North All Stars and is not to be used, distributed or performed unless written permission is given by the Mid North All Stars, City All Stars, City Elite All Stars Head Coach.
Copyright Act in reference or visit http://www.copyright.org.au/
_____________________________________________________________________
26. Protection and Privacy
The Mid North All Stars & City All Stars will not disclose any information that we gather about our athletes to any third party except where applicable to Debt Collection Services, legal services, Government agencies, mandatory CARL reporting agency, and club federations. They use the information collected to support the services that they provide at the Mid North All Stars. Filming during training and performances of routines is strictly prohibited. All information on the Mid North All Stars & City All Stars social media, web pages, or letterheads is to remain strictly confidential. Breeches of this policy will not be tolerated and will result in membership being reviewed and legal action taken. Information obtained by the Mid North All Stars, City All Stars, City Elite All Stars is securely archived or shredded at the end of each cheer season unless related to financial as these records must be kept on file.
______________________________________________________________________
27. Acknowledgement & Agreement
REGISTRATION & DECLARATION (Please read before registering and commencing your first registered athlete training or trial)
THE MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS (ABN 90 602 097 928) (the Business) and (the Customer) understand this is a terms and conditions contract and the document comprises the application and the Business’ terms and conditions attached to it.
By registering, enrolling or participating to Mid North All Stars & City All Stars you will be bound by all of its terms. As you accept that you (the Customer) has received a complete and legible copy of this Agreement and Terms and Conditions.
Confirm that You (The Customer) has indeed read, understand and agree to be bound by the Terms and Conditions and Social Media Policy as set out in the following pages. Understand that this contract is a legally binding contract.
That You (The Customer) declare and warrant that the applicant/s are neither bankrupt nor insolvent and have not committed any act of bankruptcy nor traded whilst insolvent within the previous 3 years.
Confirm and acknowledge the Company is not engaged in providing credit or is a credit service facility.
That you (The Customer) give authorization to the AASCF & Mid North All Stars to use my/my child’s photo and video images in club materials. This is important as video and photography is taken of them as a group and individually during events, performances and competitions. For the club, entire team and their families to obtain copies of the images and videos, all must consent to this term.
That You (The Customer) accept the placement in the team/s for the season.
By enrolling in any program, families and athletes:
•Confirm they have read and understood these Terms & Conditions & Code of Conduct and the Enrollment Information Pack.
•Agree to abide by all rules, policies, and financial obligations.
•Acknowledge fill-in athlete, withdrawal, and injury costs as described above.
•Accept that competition eligibility may be subject to event provider regulations.
______________________________________________________________________
______________________________________________________________________
GENERAL ACCOUNT TERMS AND CONDITIONS & GUARANTEE INDEMNITY
IN CONSIDERATION of MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS ABN 90 602 097 928 (hereinafter referred to as “MNAS” "CAS") providing credit facilities to the party completing the application (hereinafter referred to as “the Customer”) annexed to these conditions:
(i) “MNAS” means MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS ABN 90 602 097 928 , its successors and assigns or any person acting on behalf of and with the authority of MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS
ABN 90 602 097 928.
(ii) The Customer acknowledges and agrees that the following applies to and forms part of any contract for the supply of Services and/or Goods provided by MNAS CAS and that these General Terms and Conditions take precedence over any terms and conditions which may be contained in any document provided by the Customer. Any request from the Customer to MNAS CAS for the supply of Services and/or Goods shall constitute acceptance of these general terms and conditions.
(iii) The Customer acknowledges that where the Customer consists of more than one party or entity, liability shall be joint and several.
(iv) These terms and conditions, including any Credit Limits set by MNAS CAS, are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by MNAS CAS by any means. Unless or except specifically excluded herein, MNAS and the Customer retain any rights and remedies available to them in any prior or pre-existing agreement.
(v) “Services” means all Services and/or Goods supplied by MNAS CAS to the Customer, or ordered by the Customer but not yet supplied, and includes Services and/or Goods described on any quotation, invoice, purchase order or any other document including any recommendations and advice and over which MNAS CAS may intend to register a Security Interest and where the context so permits the terms “Services” and “Goods” shall be interchangeable for the other.
(vi) “Price” shall mean the cost of the Services and Goods as referred to in MNAS’s CAS' price lists, prepared quotes & or specific arrangements and shall be subject to change from time to time without notice.
______________________________________________________________________
1 Personal Property Securities Act (2009)
1.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
1.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Services and/or Goods and/or collateral account – being a monetary obligation of the Customer to MNAS CAS for Services and/or Goods – that have previously been supplied and that will be supplied in the future by MNAS CAS to the Customer.
1.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which MNAS
may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 1.3(a)(i) or 1.3(a)(ii);
(b) indemnify, and upon demand reimburse, MNAS CAS for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of MNAS CAS;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of MNAS CAS;
(e) immediately advise MNAS CAS of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
1.4 MNAS CAS and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
1.5 The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
1.6 The Customer waives its rights as a Grantor and/or a debtor under sections 142 and 143 of the PPSA.
1.7 Unless otherwise agreed to in writing by MNAS CAS, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.
1.8 The Customer shall unconditionally ratify any actions taken by MNAS CAS under clauses 1.3 to 1.5.
1.9 Subject to any express provisions to the contrary (including those contained in this clause 1) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
______________________________________________________________________
2 Privacy
2.1 The Customer agrees for MNAS CAS to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation,
previous credit applications, credit history) about the Customer in relation to credit provided by MNAS CAS.
2.2 The Customer agrees that MNAS CAS may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
2.3 The Customer consents to MNAS CAS being given a consumer credit report to collect overdue payment on commercial credit.
2.4 The Customer agrees that personal credit information provided may be used and retained by MNAS CAS for the following purposes (and for other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Services.
2.5 MNAS CAS may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
2.6 The information given to the CRB may include:
(a) personal information as outlined in 2.1 above;
(b) name of the credit provider and that MNAS CAS is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount
requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and MNAS CAS
has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of MNAS CAS, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
2.7 The Customer shall have the right to request (by e-mail) from MNAS CAS:
(a) a copy of the information about the Customer retained by MNAS CAS and the right to request that MNAS CAS correct any incorrect information; and
(b) that MNAS CAS does not disclose any personal information about the Customer for the purpose of direct marketing.
2.8 MNAS CAS will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfill the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
2.9 The Customer can make a privacy complaint by contacting MNAS CAS via e-mail. MNAS CAS will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided,
the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
______________________________________________________________________
3 Price and Payment
3.1 At MNAS's CAS' sole discretion the Price shall be either:
(a) as indicated on invoices provided by MNAS CAS to the Customer in respect of Services performed or Goods supplied; or
(b) MNAS's CAS's quoted Price (subject to clause 3.2) which shall be binding upon MNAS CAS provided that the Customer shall accept MNAS's CAS'quotation in writing within one
hundred and eighty (180) days of the date of the quotation.
3.2 MNAS CAS reserves the right to change the Price:
(a) if a variation to the Services or Goods which are to be supplied is requested.
3.3 MNAS CAS requires invoices to be paid in full fourteen (14) days after the invoice due date.
3.4 Payment may be made by, cash, bank cheque, credit card or electronic/on-line banking.
3.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by MNAS CAS nor to withhold payment of any invoice because part of that invoice is in dispute.
3.6 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to MNAS CAS an amount equal to any GST MNAS must pay for any supply by MNAS CAS under this or any other contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
______________________________________________________________________
4 Default and Consequences of Default
4.1 MNAS CAS reserves the right to suspend or withdraw credit facilities for any reason and at any time without notice.
4.2 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month and interest shall be calculated monthly at such a rate after as well as before any judgment.
4.3 If the Customer owes MNAS CAS any money the Customer shall indemnify MNAS CAS from and against all costs and disbursements incurred by MNAS in recovering the debt including but not limited to internal administration fees, collection agent commission, legal costs on a solicitor and own Customer basis, MNAS's CAS' contract default fee ($25.00), and bank dishonour fees.
4.4 Further to any other rights or remedies MNAS CAS may have under this contract, if a Customer has made payment to MNAS CAS, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MNAS CAS under this clause 4 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer's obligations under this contract.
4.5 Without prejudice to MNAS's CAS'other remedies at law MNAS CAS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts
owing to MNAS CAS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to MNAS CAS becomes overdue, or in MNAS's CAS' opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer has exceeded any applicable credit limit provided by MNAS CAS;
(c) the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
______________________________________________________________________
5 Security and Charge
5.1 In consideration of MNAS CAS agreeing to supply the Goods and Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
5.2 The Customer indemnifies MNAS CAS from and against all MNAS's CAS' costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising MNAS's CAS' rights under this clause.
5.3 The Customer irrevocably appoints MNAS CAS and each director of MNAS CAS as the Customer's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 5 including, but not limited to, signing any document on the Customer's behalf.
______________________________________________________________________
6 Title
6.1 MNAS CAS and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid MNAS CAS all amounts owing to MNAS CAS; and
(b) the Customer has met all of its other obligations to MNAS CAS.
6.2 Receipt by MNAS CAS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
6.3 It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 6.1:
(a) the Customer is only a bailee of the Goods and unless the Goods have become fixtures must return the Goods to MNAS CAS on request.
(b) the Customer holds the benefit of the Customer's insurance of the Goods on trust for MNAS CAS and must pay to MNAS CAS the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the production of these terms and conditions by MNAS CAS shall be sufficient evidence of MNAS's CAS' rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with MNAS CAS to make further enquiries.
(d) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for MNAS CAS and must pay or deliver the proceeds to MNAS CAS on demand.
(e) MNAS CAS may recover possession of any Goods in transit whether or not delivery has occurred.
(f) The Customer will not charge or Grant an encumbrance on Goods or give away any interest in the Goods while they remain the property of MNAS CAS.
(g) MNAS may start proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
______________________________________________________________________
7. Risk
7.1 If MNAS CAS retains ownership of the Goods under clause 6 then where MNAS CAS is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either;
(h) the Customer or the Customer's nominated carrier takes possession of the Goods at MNAS's CAS' address; or
(i) the Goods are delivered by MNAS CAS or MNAS's CAS' nominated carrier to the Customer's nominated delivery address (even if the Customer is not present at the address).
7.2 Notwithstanding the provisions of clause 7.1 if the Customer specifically requests MNAS CAS to leave Goods outside MNAS's CAS' premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at the sole risk of the Customer and it shall be the Customer's responsibility to ensure the Goods are insured adequately. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer's expense.
7.3 In conjunction with the provisions of clause 7.2 the Customer authorises MNAS CAS right to claim insurance monies direct from the Customer’s insurer.
______________________________________________________________________
8. Delivery
8.1 MNAS CAS shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery or failure to deliver Goods and Services, either whole or in part, due to circumstances beyond its control, or if delivery is expressly requested and the address, date and time is arranged, in the event of Goods being delivered to an unattended address.
______________________________________________________________________
9. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
9.1 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
9.2 MNAS CAS acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
9.3 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, MNAS CAS makes no warranties or other representations under these
terms and conditions including but not limited to the quality or suitability of the Goods and/or Services. MNAS's CAS' liability in respect of these warranties is limited to the fullest extent permitted by law.
9.4 If the Customer is a consumer within the meaning of the CCA, MNAS's CAS' liability is limited to the extent permitted by section 64A of Schedule 2.
9.5 If MNAS CAS is required to replace any Goods under this clause or the CCA, but is unable to do so, MNAS CAS may refund any money the Customer has paid for the Goods.
9.6 If MNAS CAS is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then MNAS CAS may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services and Goods which have been provided to the Customer which were not defective.
9.7 If the Customer is not a consumer within the meaning of the CCA, MNAS's CAS' liability for any defect or damage in the Goods is:
9.7.1 limited to the value of any express warranty or warranty card provided to the Customer by MNAS CAS at MNAS's CAS' sole discretion;
9.7.2 limited to any warranty to which MNAS CAS is entitled, if MNAS CAS did not manufacture the Goods;
9.7.3 otherwise negated absolutely.
9.8 Subject to this clause 9, returns will only be accepted provided that:
9.8.1 the Customer has complied fully with the provisions of clause 9; and
9.8.2 MNAS CAS has agreed that the Goods are defective; and
9.8.3 the Goods are returned within a reasonable time at the Customer's cost (if that cost is not significant); and
9.8.4 the Goods are returned in as close a condition to that in which they were delivered as is possible.
9.9 Notwithstanding clauses 9.1 to 9.9 but subject to the CCA, MNAS CAS shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result
of:
9.9.1 the Customer failing to properly maintain or store any Goods;
9.9.2 the Customer using the Goods for any purpose other than that for which they were designed;
9.9.3 the Customer continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
9.9.4 interference with the Services by the Customer or any third party without MNAS's CAS' prior approval;
9.9.5 the Customer failing to follow any instructions or guidelines provided by MNAS CAS;
9.9.6 fair wear and tear, any accident, or act of God.
9.10 MNAS CAS may in its absolute discretion accept non-defective Goods for return in which case MNAS CAS may require the Customer to pay a re-stocking and handling fee up to 25% to be charged at MNAS CAS discretion (non-defective returns only).
9.11 Notwithstanding anything contained in this clause if MNAS CAS is required by a law to accept a return then MNAS CAS will only accept a return on the conditions imposed by that law.
______________________________________________________________________
10. Cancellation
10.1 Without prejudice to any other remedies MNAS CAS may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions MNAS CAS may suspend or terminate the supply of Goods to the Customer.
10.2 MNAS CAS will not be liable to the Customer for any loss or damage the Customer suffers because MNAS has exercised its rights under this clause.
10.3 MNAS CAS may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Services are commenced by giving written notice to the Customer. On giving such notice MNAS CAS shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to MNAS CAS for Services already performed. MNAS CAS shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.4 In the event that the Customer cancels the delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by MNAS CAS as a direct result of the cancellation (including, but not limited to, any loss of profits).
10.5 Cancellation of orders for manufactured Goods made to the Customer's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed and a holding fee for such Goods will be charged to and payable by the Customer.
______________________________________________________________________
11. Jurisdiction
11.1 This agreement shall be construed in accordance with laws of the State of South Australia and, where applicable the Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts in South Australia.
11.2 MNAS shall have exclusive right to nominate the Court in which any legal action is to be commenced and conducted.
______________________________________________________________________
12. Acceptance
12.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of any Services.
12.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and MNAS CAS.
12.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
______________________________________________________________________
13. Errors and Omissions
13.1 The Customer acknowledges and accepts that MNAS CAS shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
13.1.1 resulting from an inadvertent mistake made by MNAS CAS in the formation and/or administration of this contract; and/or
13.1.2 contained in/omitted from any literature (hard copy and/or electronic) supplied by MNAS CAS in respect of the Services.
13.2 In the event such an error and/or omission occurs in accordance with clause 13.1, and is not attributable to the negligence and/or willful misconduct of MNAS CAS; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.
______________________________________________________________________
14. Change in Control
14.1 The Customer shall give MNAS CAS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, email address, change of trustees or business practice). The Customer shall be liable for any loss incurred by MNAS as a result of the Customer's failure to comply with this clause.
14.2 It is the responsibility of the Customer to ensure that access is suitable to accept the weight of laden trucks as may be deemed necessary by MNAS CAS.
______________________________________________________________________
15. Compliance with Laws
15.1 The Customer and MNAS CASshall comply with the provisions of all statutes, regulations and by laws of government, local and other public authorities that may be applicable to the Services.
15.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
______________________________________________________________________
16. Service of Notices
16.1 Any written notice given under this contract shall be deemed to have been given and received:
16.1.1 by handing the notice to the other party, in person;
16.1.2 by leaving it at the address of the other party as stated in this contract;
16.1.3 by sending it by registered post to the address of the other party as stated in this contract;
16.1.4 if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
16.1.5 if sent by email to the other party's last known email address.
16.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been
delivered.
______________________________________________________________________
17. Force Majeure
Neither party shall be liable for any default due to any act of God, war, terrorism, pandemics, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
______________________________________________________________________
18. General
18.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party's right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 MNAS CAS shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by MNAS of these terms and conditions (alternatively MNAS's liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
18.3 MNAS CAS may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer's consent.
18.4 The Customer cannot licence or assign without the written approval of MNAS CAS.
18.5 The Customer agrees that MNAS CAS may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for MNAS CAS to provide Services to the Customer.
18.6 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.
______________________________________________________________________
I have read and understood this document and have been advised, and given opportunity, to seek independent legal advice.
I warrant by signature attached or overleaf that the information given in support of this application is true and correct. I further warrant that I am authorised to sign on behalf of the Customer and to bind the Customer in contract.
Completing a Credit Application does not infer that credit will be Granted.
The document must be completed in full, with no alterations or deletions. Any such alterations or deletions will void the application and a new form will need to be completed.
Small Business applicants are advised that, should any of the Terms or Conditions contained herein be considered by them to be ‘unfair’, they should contact MNAS CAS to further discuss and negotiate before proceeding with the application.
MNAS CAS reserves the right to refuse credit to any Applicant without explanation.
MNAS CAS reserves the right to suspend or withdraw credit facilities at any time without notice. Special Note: if the Customer acts as, or is part of, a Trust/Nominee Entity then the provision of personal guarantee/s from the Trust Beneficiary/Beneficiaries is required to process this application.
GUARANTEE AND INDEMNITY
IN CONSIDERATION OF MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS ABN 90 602 097 928 (hereinafter referred to as “MNAS” / "CAS") Granting the Customer (as named in the Application for Credit and which forms a part of this document) credit, I/WE GUARANTEE payment to MNAS CAS of all monies and performance of all obligations including any past, present and future indebtedness or obligation by the Customer or any of us arising from any past, present or future dealing with MNAS CAS.
I/WE HEREBY AGREE & ACKNOWLEDGE:
• That this is a continuing guarantee and,
• To indemnify MNAS CAS against all loss or damage arising from any past, present or future dealing with the Customer or any of us,
• That our liability under this guarantee is joint and several and will not be affected, waived or discharged by the reason of any time or indulgences Granted by MNAS CAS or any Gant to any of the guarantors of a release whether in whole or in part from any obligation contained in or implied by this guarantee and indemnity and,
• That our liability under this guarantee shall not be affected, waived or discharged by the Customer entering into a Deed of Supplier Arrangement (DOCA) or by MNAS CAS voting in favor of or against, or abstaining from voting, in relation to any proposal by the Customer to enter a DOCA and,
• That this guarantee becomes binding on such of us that sign this guarantee irrespective of whether or not all intended signatories execute this guarantee and,
• That MNAS CAS is entitled to recover against a Guarantor without having first taken steps to recover against the Customer or any other Guarantor and,
• That this guarantee may not be unilaterally revoked by me or any of us and remains in force until such time as I/we receive written confirmation from MNAS CAS that we are released from our obligations and liabilities under this guarantee.
• That any payment which is subsequently avoided by any law relating to insolvency shall be deemed not to have been paid and,
• That I/we indemnify MNAS CAS against losses or costs that it may suffer as a result of disgorging monies to a liquidator of the Customer and,
• That I/we sign in both our personal capacity and as Trustee of every Trust of which I/we are Trustee and/or a beneficiary and,
• That I/we consent to MNAS CAS effecting a registration on the PPSA register (in any manner MNAS CAS deems appropriate) in relation to any security interest arising under or in connection with or contemplated by these terms and,
• That I/we waive my/our right to receive notice of a verification statement in relation to any registration on the register and,
• That I/we must promptly do any act or thing that MNAS CAS requires to ensure that MNAS's CAS' interest is a perfected security interest and has priority over all of the other security interests and,
• That I/we will not register a financing change statement in respect of the security interest without MNAS's CAS' prior written consent and,
• That MNAS CAS may, at its absolute discretion, apply any amounts received from me/us toward amounts owing to MNAS CAS in such order as MNAS CAS may determine and,
• That if Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, I/we agree that the following provisions of the PPSA will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires MNAS CAS to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to Grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires MNAS to give a notice to the Customer; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement) and,
• That notices or documents required or permitted to be given to MNAS CAS for the purposes of the PPSA must be given in accordance with the PPSA and,
• That MNAS CAS will not disclose information of the kind mentioned in subsection 275(1) of the PPSA except in circumstances required by paragraphs 275(7)(b)-(e) and,
• I/We must, upon demand, reimburse MNAS CAS for all costs and/or expenses incurred or payable by MNAS CAS in relation to registering or maintaining any financing statement or
any other document in respect of any security interest or releasing in part or in whole MNAS's CAS' security interest and,
• In these terms, the following words have the respective meanings given to them in the PPSA: commingled, financing statement, financing change statement, perfected, proceeds, register, registration, security interest and verification statement.
I/WE HEREBY CHARGE in favor of MNAS CAS all our estate and interest in any land and in any other assets, whether tangible or intangible, freehold or leasehold, in which I/we now have any legal or beneficial interest or in which I/we later acquire any such interest, with payment of all monies owed by the Customer to MNAS CAS. I/we shall, upon demand, execute such documents in registrable form, or do such other things as MNAS CAS requests to give further or better effect to the security Granted by me/us to MNAS CAS and I/we consent to the lodging by MNAS CAS of a caveat or caveats which note its interest in or over any such land/or other caveatable property. In the event that I/we should neglect or fail to deliver the requested instrument of security or consent, I/we hereby appoint MNAS CAS to be my/our lawful attorney for the purpose of executing and registering such instruments.
I/WE FURTHER AGREE that this agreement shall be governed by and construed in accordance with the laws of the State of South Australia and, where applicable, the Commonwealth of Australia, and I/WE submit to the non-exclusive jurisdiction of the courts of South Australia.
Notice of Disclosure of Your Credit Information to a Credit Reporting Agency
I/We acknowledge and give consent that MNAS CAS may make enquiries as to the credit and financial situation of any of us and further consent to the use of any information obtained as a result of those enquiries, including information disclosed in the Credit Application, as MNAS CAS reasonably sees fit from time to time, and for the duration of this agreement, including but not limited to;
• passing the information on to a credit reporting agency
• passing the information on to a debt collector
• obtaining further personal information relating to any of us from another body for any use reasonably connected with provision of credit or the collection of debt subject to the provisions of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which amends the Privacy Act 1988 (Cth).
• the consent hereby given shall remain in force until all monies owing have been paid in full and the Customer no longer has an open account with MNAS CAS
GENERAL:
• “I” and “we“ and “us” means each of the Guarantors jointly and severally.
• "PPSA" and "Goods" have the meaning ascribed to them in the Application for 30 Day Credit Account which forms a part of this document.
• The invalidity or unenforceability of any provision of this Guarantee and Indemnity shall not affect the validity or enforceability of the remaining provisions.
• Clerical errors are subject to correction and do not bind MNAS CAS.
I/We have read and understood this document and have been advised, and given opportunity, to seek independent legal advice.
I certify that the above information is true and correct and that I accept the supply of credit by Mid North All Stars, City All Stars, City Elite All Stars ABN 90 602 097 928 (if applicable I have read and understand the TERMS AND CONDITIONS OF TRADE (overleaf or attached) of which form part of, and are intended to be read in conjunction with this Client information Form and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Act clause therein. I agree that if I am a director/shareholder (owning at least 15% of the shares) of the Customer I shall be personally liable for the performance of the Customer’s obligations under this contract.
© Copyright MID NORTH ALL STARS, CITY ALL STARS, CITY ELITE ALL STARS & CREDIT RISK MANAGEMENT.
ASSUMPTION OF RISK WAIVER
RELEASE AND WAIVER LIABLITY FOR CITY ALL STARS,CITY ELITE ALL STARS, MID NORTH ALL STARS ABN: 90602097928:
MINORS require parental/guardian permission and consent to participate.
IN CONSIDRATION of allowing me to participate in the programme, related events, and activities of virtual training program:
1. I am familiar with the risk of serious injury and death which any participant in this programme must assume, and
2. I believe that I am physically, emotionally, and mentally able to participate in this programme and that my equipment is mechanically fit for my use in this programme, and
3. I understand that all applicable rules or participation must always be followed and that the sole responsibility for personal safety remains with me, and
4. I will immediately remove myself from participation, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in this programme.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in this programme and execution of this document constitutes:
1. an unqualified ASSUMPTION OF ALL RISKS associated with participation in this programme by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the programme organizer and any persons associated therewith or participating therein, and
2. a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the programme organizer and all persons and organizations associated with it and the programme including, without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and or lessors of the premises used to conduct the programme, sanctioning bodies, medical or rescue personnel (the RELEASEES), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
3. an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising and whether directly or indirectly from the participation in this programme by me, and
4. an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on negligence or the gross negligence of the RELEASEES or otherwise.
In joining our social media platforms or other virtual training group platforms (not limited to Wix, Team App, Instagram, Youtube, Flipgrid, Facebook, Instagram, Tic Tok).
1. I acknowledge and agree that:
(a) I warrant to City All Stars, Mid North All Stars that for each event our Students/Athletes are fit and capable of participating and the Students/Athletes will not unnecessarily put themselves at risk by participating in any event where the Students/Athletes are not fit or well enough to do so;
(b) in each event by participating at an City All Stars, Mid North All Stars Event there is a possibility of physical illness, injury (minimal, serious, and catastrophic) and that I am assuming the risk of such illness or injury occurring by participating in any such event;
(c) City All Stars, Mid North All Stars, its agents, contractors any person representing have my full authority and is directed to consent to and to authorise any medical attention, treatment, surgery or administration of drugs by qualified and licensed medical personnel for our Students/Athletes, which they deem necessary;
(d) City All Stars, Mid North All Stars will use its best endeavours to contact me and to keep me informed in the event of any illness or injury occurring that requires medical treatment as soon as is practicable; and
(e) I will meet all costs and expenses incurred by City All Stars, Mid North All Stars or by myself in the administration of any medical treatment to our Students/Athletes during a City All Stars, Mid North All Stars event.
2. I hereby release City All Stars, Mid North All Stars, including its directors, contractors, agents, sponsors, employees and volunteers from and against any and all claims, demand, losses, suits, liabilities, costs, or other damages arising from any injury to, or death of our Students/Athletes, or any other persons or damage to or destruction of property arising out of or in connection with our Students/Athletes participation and I also indemnify City All Stars, Mid North All Stars against any loss, damage or claim they might suffer as a result of any of those things.
FILM & PHOTOGRAPHY AGREEMENT
3. By endorsing this Agreement, you are consenting to the photography and filming of your athletes and students by us or our authorized agents during our events.
4. Parents/Guardians are authorized to use digital cameras solely for capturing images of their own children.
5. We retain the right to use, and you hereby grant us the permission to utilize, any photographs or video footage taken during the event for publications, social media, web advertising, and promotional purposes. This encompasses, but is not limited to, featuring the images of Athletes and Students.
6. If you wish to withhold consent for the use of your images in publications, social media, web advertising, and promotions, you must notify us in writing.
EVENT AND VENUE PROTOCOLS
7. Each participating Athlete, Student is expected to meticulously adhere to the City All Star and Mid North All Star General Participation Rules, as outlined on our official website.
8. Specifically, the engagement in smoking, alcohol consumption, and the use of illegal substances is strictly prohibited at all City All Star and Mid North All Stars events.
9. Coaches, Athletes, Students, and Parents are required to uphold the highest standards of conduct in accordance with the City All Star and Mid North All Star Athletes' Students Code of Conduct, accessible on our official website.
By subscribing you agree to receive marketing communications from us. To opt out, click unsubscribe at the bottom of our emails.
I HAVE READ THIS DOCUMENT THOROUGHLY.
I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND
AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THIS PROGRAMME.
I UNDERSTAND THAT BY AGREEING TO THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I AGREE TO THIS DOCUMENT VOLUNTARILY AND WITHOUT INDECEMENT.
Updated 22/12/2025