Magura Water Polo Pty Ltd ACN 676 118 460 (Magura) will supply the Services to the Player and/or the Parents on the terms and conditions set out below.

The parties agree as follows:

1. Definitions

In this document, unless the context requires otherwise:

1. Application means the application form entitled “Water polo program application”;

2. Costs means the costs payable for the Services as described in the Application;

3. GST has the same meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

4. Loss includes, but is not limited to, direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, costs (including party-to-party legal costs), expenses, lost profits or revenue, lost data, personal injury and property damage;

5. Parents means the persons defined as the “Parents” in the Application;

6. Personal Information means the Player’s and the Parents’ “personal information”, which has the meaning given to it under the Privacy Act 1988 (Cth), where it is defined as information or an opinion about an identified individual or an individual who is reasonably identifiable:

   1. whether the information or opinion is true or not; and

   2. whether the information or opinion is recorded in a material form or not;

7. Player means the person defined as the “Player” in the Application;

8. Pool means the pools at which the Services will take place as notified by Magura to the Parents from time to time, and which may be one or more of the pools at the MLC/CCGS Aquatic Precinct, Hale School pool, Trinity College pool and HBF Stadium, UWA Aquatic Centre, among other pools;

9. Service Agreement means the contract for the provision of Services between Magura and the Parents comprised of the executed Application and, these Terms;

10. Services mean the professional coaching services provided or to be provided by Magura to the Player in accordance with the programs described in the Application; and

11. Terms means this document entitled “TERMS AND CONDITIONS” which forms a part of the Application.

1. Interpretation

In this document, unless the context requires otherwise:

1. a reference to:

   1. the singular includes the plural and vice versa;

   2. money is to Australian dollars;

2. “including” and similar expressions are not words of limitation;

3. an agreement, representation, or warranty, on the part of two or more persons binds them jointly and severally and may be enforced against one or any number of them;

4. headings are for convenience only and do not form part of these Terms or affect the interpretation of these Terms; and

5. a provision of this Service Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Service Agreement.

1. Provision of Services

   1. Subject to the Parents (or the Player in the case of Players aged 18 years and older) emailing a completed and signed Application to andrei.kovalenko@olympian.org and paying the Costs, Magura will provide the Services to the Player in accordance with this Service Agreement.

   2. Magura will undertake the Services in a professional manner and in accordance with standards generally observed in the professional sports coaching industry.

   3. Magura will use its reasonable endeavours to provide the Services but without warranting that they will be delivered without interruption or error.

   4. The Parents warrant that they are the Player’s legal guardian and consent to Magura providing the Services to the Player.

2. Training times and locations

   1. Magura may change the times and Pools by notice to the Parents and/or Players at any time if the Pools being used are closed or rendered unavailable for the Services by the owner or manager of the Pools for reasons outside of Magura’s control.

   2. The Costs are not refundable if Services are disrupted pursuant to clause 6.b.

3. Medical conditions

   1. The Parents and the Player warrant that the Player has no pre-existing physical or medical condition which would render it unsafe for the Player to receive the Services.

   2. If, during the provision of the Services, Magura forms a reasonable opinion that the Player is suffering from a physical or medical condition which renders it unsafe for the Player to continue receiving the Services, Magura may cease the provision of Services until the Player has been approved by a doctor to continue receiving the Services.

   3. The Costs are not refundable if Services are suspended pursuant to 4.b.

4. Injuries sustained by Players

   1. Magura will undertake its best endeavours to ensure that the Services are delivered in a safe and respectful environment, however, the Parents and Player acknowledge that water polo is a physical contact sport and players, including the Player, may sustain injuries during the provision of the Services.

   2. If the Player is injured during the provision of Services, Magura will undertake all reasonable procedures to ensure the Player’s health and wellbeing, however, it is not otherwise liable for the injuries described in clause 5.a.

5. Insurance

During the term of this Service Agreement, Magura shall maintain public liability insurance, professional indemnity insurance and workers compensation insurance.

1. Magura may act through agents

   1. In meeting its various obligations under this Service Agreement, including the provision of Services, Magura may act through an agent or contractor.

   2. Magura warrants that its agents and contractors are competent and have all necessary skills, training, expertise and qualifications to perform the Services.

2. Payment of Costs

   1. In consideration of the Services, the Parents (or the Player in the case of Players aged 18 years and older) must pay Magura the Costs via direct debit to the account notified to the Parents and/or Player using the Player’s name as the payment reference.

   2. Magura will render a tax receipt to the Parents and/or the Player promptly after receiving payment of the Costs.

3. Termination

   1. Magura may suspend the Services or terminate this Service Agreement immediately at any time by notice to the Parents and/or the Player if the:

      1. Parents and/or the Player have intentionally provided incorrect information about the Player to Magura, including about their physical or medical condition; and

      2. Parents or the Player behaves inappropriately or disrespectfully, or verbally or physically threaten, Magura’s personnel or other players.

   2. The Player may terminate this Service Agreement for any reason by giving written notice to Magura.

   3. The Costs are not refundable if the Services are terminated pursuant to this clause 9.

4. Privacy

   1. In the course of providing the Services to the Player, Magura will collect Personal Information.

   2. The Parents and the Player consent to Magura using the Personal Information in accordance with this clause 11.

   3. Magura will disclose the Personal Information to:

      1. its personnel, agents and contractors to support the provision of the Services to the Player;

      2. its third-party service providers who supply staff, equipment or Pools required to facilitate the Services

      3. a third party if the disclosure of the Personal Information is required by law;

      4. Water Polo Australia and any of its state-based counterparts;

      5. water polo clubs;

      6. any successor, or potential successor, to all or part of its business.

   4. Magura will use the Personal Information to:

      1. provide the Services to the Player;

      2. explore water polo development and competitive opportunities on behalf of the Player;

      3. conduct water polo development program research and analysis; and

      4. protect or enforce its legal rights or as otherwise permitted by law.

5. Force majeure

Magura will not be liable to the Parents or Players for any default or delay in the provision of Services due to a condition or reason that is out of Magura’s reasonable control, including flood, fire, storm, strike, government regulation, industrial action and national emergency.

    6. Governing law 

The Service Agreement shall be governed by the law of Western Australia and the parties consent to the non-exclusive jurisdiction of the Courts of Western Australia.

   7. Magura reserves the right not to accept an Application for registration for any of its Services.