THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY.
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1) Definitions – in these terms and conditions: a) "RLSSQ" means and includes Royal Life Saving Society Queensland Inc, its subsidiaries, members, and their respective directors, officers, members, servants or agents. b) "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the RLSSQ Course, but does not include a claim by any person expressly entitled to make a claim under an RLSSQ insurance policy; c) "Course" means the course being conducted by or on behalf of RLSSQ and undertaken by the applicant as set out in this application; d) “TLC” means and includes Australian Crawl Springfield Pty Ltd trading as The Learning Collective, its directors and employees.
2) Risk Warning and Waiver – Your participation in the Course is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Course and accidents can and may happen which may result in personal injury, death or property damage. Prior to participating in the Course, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. You agree and undertake any such risk voluntarily and at your own risk.
3) Release & Indemnity – In consideration of RLSSQ accepting your application to participate in the RLSSQ Course, to the extent permitted by law you: a) release and forever discharge RLSSQ and TLC from all Claims that you may have or may have had but for this release arising from or in connection with this application and/or undertaking the Course; and b) release and indemnify RLSSQ and TLC against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by RLSSQ, TLC or in any other manner whatsoever; and c) indemnify and will keep indemnified and hold harmless RLSSQ and TLC to the extent permitted by law in respect of any Claim by any person: i) arising as a result of or in connection with you undertaking the RLSSQ Course; and ii) against RLSSQ and TLC in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of RLSSQ (or any authorised person), save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of RLSSQ and TLC.
4) Insurance - You acknowledge and agree that RLSSQ and TLC has arranged limited insurance coverage which may provide you with some protection for loss, damage or injury that you may cause during your participation in the Course. However, you acknowledge and agree that the insurance taken out by both RLSSQ and TLC does not provide full indemnity for loss, damage or injury that you may cause during your participation in the Course. You further acknowledge and agree that RLSSQ and TLC does not provide any insurance in relation to loss, damage or injury that you suffer during your participation in the Course. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any additional coverage at your expense after taking into account RLSSQ's and TLC’s insurance arrangements and your own circumstances.
5) Disclosure of Medical Conditions – You warrant that prior to participating in the RLSSQ Course you: a) are and must continue to be medically and physically fit and able to undertake and participate in the Course; b) are not a danger to yourself or to the health and safety of others; and c) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the RLSSQ Course. You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that RLSSQ and TLC relies on information provided by you and that all such information is accurate and complete.
6) Reporting of Injury - You agree to report any accidents, injuries, loss or damage you suffer during the Course to us on the day such occurs or is known. You will assist us prepare an incident report in respect of such incident and will provide all documents request of you to us upon request.
7) Treatment - You consent to receiving any medical treatment that the Course organisers or their authorised representatives consider necessary or desirable during or after the Course and agree to reimburse TLC for any costs or expenses incurred in providing such medical treatment.
8) Bar to proceedings – RLSSQ and TLC may plead this document as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against RLSSQ or TLC, you: a) will commence those proceedings in the courts of the jurisdiction in which any incident occurs; b) waive any right to object to the exercise of such jurisdiction; c) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by RLSSQ or TLC) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by RLSSQ or TLC to remove the proceedings to the jurisdiction in which any incident occurs; d) will pay the costs of any application made by RLSSQ or TLC under paragraph 9 (c) and will consent to any application for security of costs made at any time by RLSSQ or TLC; and e) Consent to paying RLSSQ's and/or TLC’s legal defence costs of the proceedings (on a solicitor client basis) where RLSSQ or TLC successfully defends the proceedings.
9) Governing Law – The governing law of this agreement is the law of the state of Queensland (‘Jurisdiction’). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
10) Prevailing conditions – You acknowledge and agree that swimming and life saving (and related water safety and aquatic skills) can and will be affected by the weather which may change without warning and there is often an element of the "luck of the prevailing conditions" when undertaking certain elements of the Course over which TLC has no control.
11) Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during the Course. You acknowledge and agree that such photographs and electronic images are owned by TLC and TLC may use the photographs for promotional or other purposes without your further consent being necessary.
12) Privacy – You understand that the personal information you have provided RLSSQ is necessary for the conduct and management of the Course and that it is collected in accordance with their Privacy Policy (available from www.rlssq.com.au). You acknowledge that they may use or disclose your personal information for the purposes of conducting and administrating the Course or promotional material or otherwise in accordance with their Privacy Policy. RLSSQ may share your information with third parties such as affiliates; Course providers; trainers; contractors; companies engaged by RLSSQ to carry out functions and activities on RLSSQ's behalf including direct marketing; and RLSSQ's professional advisers, including its accountants, auditors and lawyers and insurers; and government departments or agencies; however your information is not generally disclosed to anyone outside Australia. You understand that their Privacy Policy contains information about how you may access and request correction of your personal information held by them or make a complaint about the handling of your personal information and provides information about how a complaint will be dealt with by RLSSQ. You acknowledge that your Course application may be rejected if the information is not provided. If you do not wish to receive promotional material from our sponsors and third parties you must advise us in writing or via the opt-out procedures provided in the relevant communication. a) RLSSQ may collect information about race or ethnic origin and use or disclose such information to government departments or agencies (including those that have provided or will provide funding to RLSSQ) for statistical purposes about the demographics of participants in RLSSQ Courses. You are not required to provide this information and if you do not do so, your participation in an RLSSQ Course will not be affected.
13) Entire agreement – This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Course and supersedes all other agreements, understandings and representations and negotiations with RLSSQ and TLC in relation to the RLSSQ Course. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
14) Statement of Understanding – You have read, or have had read to you the above conditions and having understood the same, you consent to undertaking the Course and doing so on the basis set out in this agreement.
15) Course Payments – You understand that as an individual enrolling in a TLC course that running the course is dependant on a minimum class size of 6 being achieved. In the case that a course does not achieve the minimum class size requirements a course may be cancelled and then offered at another date. Where an alternate date cannot be offered to a client, a refund may be offered.
You understand that if you enrol in a RLSSQ course and commence the online pre-course work but do not attend the face to face training then the cost price of the course will be retained by TLC and the balance refunded to you the client.
For group bookings a minimum charge and minimum class group size is required at time of booking. If applicants do not attend, you agree that the fee agreed to at time of booking will still be charged to you.
These Terms and Conditions are essentials terms of the contract between you and TLC when undertaking a course with us.