Terms & Conditions | evocricket

Evolution Cricket's Terms and Conditions

A.Terms & Conditions - Lane and Centre Hire

The following terms and conditions must be read carefully. In consideration of your booking of Evolution Cricket’s indoor/outdoor training facilities at the Evolution Cricket Centre being accepted, and full payment being made, you acknowledge and agree to the following terms and conditions:

“Claim” means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence. “Cricket Activities” means the use or enjoyment of the Indoor Facilities or equipment therein. “EC” means the Evolution Cricket (ABN 14 323 297 277), and where the context provides, includes its officers, employees and agents. “Indoor Facilities” mean the indoor training facilities, including but not limited to the indoor cricket nets, external runups area, and the outdoor grassed fielding area, at the Evolution Cricket Centre. “Evolution Cricket Centre” is the structure and surrounding outdoor grassed training area located at 2320 Mandurah Road, Golden Bay, WA, 6174, and includes any surrounding structures, cricket nets and indoor/outdoor playing surfaces. “You” means the person named in this booking application.
Policies: You acknowledge that when undertaking the Cricket Activities, You are bound by and must fully comply with all rules, policies and procedures of EC as notified to You from time to time.
Booking: To book the Indoor Facilities, You must be at least 18 years of age at the time of booking, and when attending the Indoor Facilities, You must provide photo identification, to the reasonable satisfaction of EC, that displays Your age. Your booking is not confirmed until payment has been made in full.
Hire Period: Bookings are taken on the hour, and any time required for setting up or dismantling equipment must be within that Hire Period. Customers arriving early for a booking may not enter the Indoor Facilities until the previous booking has ended and exited the Indoor Facilities. At the end of the Hire Period Users must leave the Indoor Facilities promptly and may be charged at the full hourly rate for any over run.
Booking for Third Parties: If You make a Booking on behalf of a third party You shall be deemed to be acting with the authority of the person for whom You are making the Booking, and for the avoidance of doubt, this includes acting with the authority of the person to agree to these Terms & Conditions.
Group Bookings: You, the person making the Booking, are responsible for ensuring that You and anyone using the nets by virtue of Your Booking (Your Group) is aware of, and complies with, the following rules. We can cancel Your Booking and/or require You and Your Group to leave the Evolution Cricket Centre if You or any member of Your Group does not follow the rules and/or disobeys the instructions of EC staff, coaches or representatives. You are responsible for the conduct of all visitors involved with Your booking, for the hire and care of any additional equipment involved and for making good any loss or damage to the property of the Centre.
Making a Booking: EC is not responsible for any technical glitches or malfunctions from making a booking on the booking website at https://www.evolutioncricket.com that result in a Booking not being properly received by EC. EC cannot accept any responsibility for any damage, loss, injury or disappointment suffered by You as a result of not obtaining a booking.
Participant Numbers for Lane Hire: The maximum number of Lane Hire Users per net is six (6).
Cancellation by EC: EC reserves the right at any time to withdraw the use of the facilities if they have become unfit for use, or for any other reason deemed to be appropriate, giving advanced warning wherever possible to You. The hiring cost will be refunded but EC will not be liable for any other expenses incurred by You.
Cancellation by Hirer: At least 7 days notice is required to be given for cancellation of a booking by You, notwithstanding any intention to re-book at another time. Refunds or credits will be provided if cancellation is made 7 days or more prior to the Booking. No refunds or credits will be provided if cancellation is made less than 7 days prior to the Booking. Please note that refunds of transfers to be issued due to injury or illness need to be supported by an official doctor’s certificate confirming that the participant’s physical health is no longer suitable to take part in the session. Cancellations to winter bookings caused by adverse weather conditions will not result in any refunds unless the Indoor Facility is closed by EC. Where possible an alternative date will be found to replace the cancelled booking, although this may not be possible.
Events Outside EC’s Control: If as a result of any circumstances which are outside the control of EC, including without limitation the imposition of any Government restrictions which prevents, inhibits or delays EC’s performance under these Terms & Conditions, EC shall cancel the corresponding Booking by giving notice to You via the email address provided as part of Your Booking. Any cancellation will be made at EC’s sole and absolute discretion without reason or explanation and such decision shall be final. If this Clause applies, EC shall use reasonable endeavours to make alternative arrangements, including rescheduling your Booking to an alternative day, or if not possible or practicable, cancel your Booking and issue a refund to you. No further liability shall be assumed by EC by way of compensation, or otherwise, including but not limited to any personal travel, accommodation, promotional or hospitality or other arrangements made in relation to a Booking or the cancellation of a Booking.
Responsibility: You acknowledge and agree that, unless that person’s parent or guardian is also present at the Indoor Facilities, You are responsible for the behaviour and safety of any person under the age of 18 participating in the Cricket Activities, and in consideration of Your booking for the Indoor Facilities being accepted by EC, You to the extent permitted by law, agree to indemnify and keep indemnified, and hold harmless, EC from and against any Claim caused or related to any person under the age of 18’s participation in the Cricket Activities, save that the indemnity shall not apply to Claims caused or contributed to by the grossly negligent act or omission of EC.

B. Terms & Conditions - Private Coaching and Programs

The following terms and conditions must be read carefully. In consideration of your booking of Evolution Cricket’s Private Coaching services or Program services being accepted, and full payment being made, you acknowledge and agree to the following terms and conditions:

“Claim” means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence. “Coaching Activities” means Private Coaching or Programs. ‘’Private Coaching’’ means one-on-one cricket coaching sessions with a dedicated coach. ‘’Programs’’ means group sessions providing cricket coaching services to multiple Clients at the same time. “EC” means the Evolution Cricket (ABN 14 323 297 277), and where the context provides, includes its officers, employees and agents. “You” means the person named in this booking application, and/or any individuals named in Your booking for bookings made on behalf of another individual eg Your child.. ‘’Client’’ means the individual undertaking the Coaching Activities.
Policies: You acknowledge that when the Client is undertaking the Coaching Activities, You and the Client are bound by, and must fully comply with, all rules, policies and procedures of EC as notified to You and the Client from time to time.
Bookings and Payments: All Coaching Activities require up-front payment in full for the total value of the package. Booking and payment is to be completed prior to the Client’s participation in any EC Coaching Activities.
Right to amend pricing: Prices for Coaching Activities are subject to change from time to time without prior notice.
Restriction of Activity: At their sole discretion, EC Staff and Coaches reserve the right to restrict Clients participating in Coaching Activities to a particular activity.
Cancellation and Refund Policy:
1. Programs: For cancellations more than 7 days prior to the commencement of a Program, a full refund will be given. For cancellations less than 7 days prior to the commencement, or that occur once a Program has commenced, no refund will be given, except on production of a medical certificate. All cancellations are to be provided in writing and sent via email to Nicolette Diamanti at nic@evolutioncricket.com, with the outcome determined at the sole discretion of EC staff.
2. Private Coaching: EC requires at least 48 hours’ notice should you need to cancel a Private Coaching session. If less than 48 hours’ notice is provided, then the session fee will still need to be paid in respect of the missed or cancelled session.
Cancellation by EC: EC reserves the right to change or cancel any Coaching Activity if necessary. In the unlikely event that a Program is cancelled by EC due to insufficient numbers, a minimum of 48 hours’ notice will be given and a refund or credit towards another program will be offered.
Availability of Coaches: EC’s Coaches are subject to change without notice.
Private Coaching - Allocation of Coaches: Upon receipt of the Client’s completed Booking Enquiry form, EC will use information about the Client to allocate the most appropriate Coach to the Private Coaching sessions. Where a specific Coach is requested by the Client, every effort will be made to meet the request, but the Client acknowledges that the final Coach allocation is subject to availability and specific Coaches cannot be guaranteed.
Medical Clearance and Consent: If Your or the Client has a medical condition, you are strongly advised to seek a registered medical practitioner’s advice before booking. If You or the Client has a medical condition and is unable to obtain clearance from a registered medical practitioner, then You or the Client cannot participate in our Coaching Activities.
Client Accident or Illness: In the event of any accident or illness during the Coaching Activities, You authorises any medical assistance/hospital treatment that You or the Client may require. You accept full responsibility for all expenses incurred.
Safety Rules and Regulations: You understand that it is expected that You and the Client’s behaviours will be exemplary at all times in order for the safe conduct of the Coaching Activities. If at any time EC, their staff or coaches consider You or the Client is jeopardising the safety of others and/or disrupting the Coaching Activities then You or the Client may be asked to stop participating until further notice. If necessary, EC staff will contact You to provide a full report of the incident.
Inclement Weather Policy: EC will contact you via the provided email address to notify you of any cancellations, rescheduling or relocation of Coaching Activities if inclement weather affects the safety of the planned Coaching Activities. If no contact is received, then the Coaching Activities will proceed as planned. If a Private Coaching session is cancelled due to inclement weather, any payments will be credited and applied to a future Private Coaching session. If one or more sessions/days of a Program are cancelled due to inclement weather, the fees applicable to the missed days only will be credited and transferred to the next available Program that You or the Client can attend.
Heat Policy: Should temperature reach 38 degrees centigrade and above, the following hot weather procedures will be adopted:

Children will receive information on importance of being sensible in hot weather.
Activity intensity will be reduced.
Sessions will be limited to a maximum of 45 minutes. Drink breaks will be more frequent.
Children at any time can rest or have a drinks break when needed.
During rostered breaks children will be asked to rest & there is to be no activity during this time.
Program Leader will communicate with group coaches about any children affected by heat.
Water and sports drink (such as Gatorade or Powerade) will be supplied for children to refill drink bottles.

Parents/Guardians can assist by:

Ensuring their child is hydrated properly the night before the first day of a program.
Ensuring their child has a hat.
Ensuring their child has sunscreen on.
Not sending your child is he/she is sick.
Ensuring their child has a drink bottle.
Ensuring their child hydrates every other night during the program.

15. Punctuality, Attendance and Participation: All EC Coaching Activities have been designed to ensure the safety of all participants. It is Your responsibility for You or the Client to arrive in time for the commencement of the Coaching Activities. A warm-up is a vital component prior to physical exercise. You understand that You are responsible for the transportation of Yourself or the Client to and from EC’s Coaching Activities and for the supervision of the Client before and after the Coaching Activities.

16. Lost Property: Participants will be responsible for their own belongings, and we advise that unless required, valuables are not brought to Coaching Activities. EC will not be held responsible for the loss or damage of any personal property.

17. Child Safety Standards: All children have the right to feel safe and be safe all the time and at EC, we take our responsibilities to provide a child-safe environment very seriously. We have taken, and continue to take, deliberate steps to protect children from physical, sexual, emotional and psychological abuse and neglect. This commitment to protecting children is embedded in our organisation's culture and policies. All our EC staff and coaches have undergone stringent background checks and have a valid Working With Children Check.

C. General Terms & Conditions - Lane and Centre Hire, Private Coaching & Programs

Risk Warning: Your participation in the Cricket Activities and/or Coaching Activities supplied by EC is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Cricket Activities and/or Coaching Activities, including but not limited to being hit by a cricket bat or ball, including being hit in the head by a bat or ball, falling or tripping over a cricket ball, becoming entangled in the cricket nets, or colliding with other participants, and accidents can happen which may result in personal injury, death or property damage. Prior to undertaking any such Cricket Activities and/or Coaching Activities, You should ensure You and/or the Client are aware of all the risks involved, including those risks associated with any health condition You and/or the Client may have. By agreeing to these terms and conditions, You acknowledge, agree and understand that participation by You and/or the Client in the Cricket Activities and/or Coaching Activities provided by EC may involve risk. You and/or the Client agree and undertake any such risk voluntarily and at Your and/or the Client’s own risk. You and/or the Client will not participate in the Cricket Activities and/or Coaching Activities while intoxicated or affected by drugs. You and/or the Client acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.
Equipment: You and/or the Client understand and agree that it is Your and/or the Client’s responsibility to inspect the facilities, equipment and areas to be used, and if You and/or the Client believe or become aware that any are unsafe or pose unreasonable risks, You and/or the Client agree to immediately notify appropriate EC staff. By participating in the Cricket Activities and/or Coaching Activities. You and/or the Client are acknowledging that You and/or the Client have found the premises, facilities and equipment, and areas to be used or entered safe and acceptable for participation. You and/or the Client accept full and sole responsibility for the condition and adequacy of Your and/or the Client’s equipment as well as any equipment hired or provided by EC.
Zero tolerance to anti-social behaviour: At EC we have zero tolerance for any anti-social behaviour. We work very hard to ensure our staff, players, patrons, customers, children, and anyone using our Indoor Facilities, or participating in Cricket Activities and/or Coaching Activities, enjoy a safe and secure environment. We expect the same from anyone (parents/players/guardians/customers/patrons/staff) using our facility. If we find anyone violating our reasonable expectations, we will request they leave the premises and may restrict their ability to book any services provided by EC in the future.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).
If You agree to these terms and conditions, You will be agreeing that Your rights (or the rights of a person for whom or on whose behalf You are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that You undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these terms and conditions, you agree that the liability of EC in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
1. death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. the contraction, aggravation or acceleration of a disease;
4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
5. that is or may be harmful or disadvantageous to You or the community; or
6. that may result in harm or disadvantage to You or the community, that may be suffered by You resulting from the supply of recreational services or recreational activities,

is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

7. Release and Indemnity: You agree that, to the extent permitted by law:

You release and forever discharge EC from all Claims and causes of action of any nature whether currently known or unknown that You may have, or may have had but for this release, arising from or in connection with Your or the Client’s participation in the Cricket Activities and/or Coaching Activities and Your booking of Cricket Activities and/or Coaching Activities, including but not limited to claims of negligence, breach of warranty and/or breach of contract. You indemnify and will keep indemnified and hold harmless EC to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with Your or the Client’s participation in any Cricket Activities and/or Coaching Activities, or Your booking of the Indoor Facilities, 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 EC.

8. Fitness to Participate: You declare that You and/or the Client are medically and physically fit and able to participate in any Cricket Activities and/or Coaching Activities. You will immediately notify EC of any change to Your and/or the Client’s medical condition, fitness or ability to participate. You understand that if EC was not provided with all relevant and necessary information about Your and/or the Client’s health and capacity it would not be able to fully appreciate the risk of harm or injury to You and/or the Client in providing instruction and in allowing You and/or the Client to participate in the Cricket Activities and/or Coaching Activities. You understand that EC will continue to rely upon this declaration as evidence of Your and/or the Client’s fitness and ability to participate. You and/or the Client agree to report any accidents, injuries, loss or damage that You and/or the Client suffer during any Cricket Activities and/or Coaching Activities to EC before You and/or the Client leave the Evolution Cricket Centre or the Coaching Activities if held elsewhere. If You and/or the Client suffer any injury or illness, You and/or the Client agree that EC may provide evacuation, first aid and/or medical treatment at Your expense and that Your agreement to these terms and conditions constitutes Your consent to such evacuation, first aid and/or medical treatment.

9. Insurance: You acknowledge and agree that EC has arranged some limited insurance coverage which may provide You and/or the Client with some protection for loss, damage or injury that You and/or the Client may suffer during Your and or/the Client’s participation in the Cricket Activities and/or Coaching Activities. However, You acknowledge and agree that the insurance taken out by EC may not provide full indemnity for loss, damage or injury that You and/or the Client may suffer during Your participation in the Cricket Activities and/or Coaching Activities and that You may have to pay the excess if a Claim is made on Your behalf. You agree and understand that no medical or accident insurance will be provided to You and/or the Client by EC or any third party during Your and/or the Client’s participation in the Cricket Activities and/or Coaching Activities or while You and/or the Client are on the EC premises. 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 EC’s insurance arrangements and Your own circumstances. You certify that you have sufficient health, accident, and personal liability insurance to cover any injury to You, the Client or another person, or damage to any property that You and/or the Client may incur during the Cricket Activities and/or Coaching Activities. Coaches and Clubs using the EC Indoor Facilities must have their own public liability insurance and a copy of the insurance documents will need to be provided to EC before Your booking will be confirmed.

10. Reporting Requirements: In the event You or any member of Your Group, and/or the Client, are involved in an accident or incident whilst You are at the Evolution Cricket Centre or participating in Cricket Activities and/or Coaching Activities, You agree to co-operate with any reporting procedures undertaken by EC from time to time, including providing Your name and any contact details required. Any data collected and processed by EC will be in accordance with applicable Privacy Laws.

11. Medical Care: You authorise EC and/or their authorised staff to call or administer medical care for You or any member of Your group, or to transport You, the Client, or any member of Your group to a medical facility or hospital if, in the opinion of such staff, medical attention is needed. You agree to immediately pay all costs associated with such medical care and related transportation.

12. Images, Videos and Recordings: You irrevocably authorise EC to capture and record any image, video or sound of You, Your group, and/or the Client, whilst on the EC premises at the Evolution Cricket Centre or participating in Cricket Activities and/or Coaching Activities, and use such image, video or sound in any way they may choose at their sole discretion, including for advertising and promotional purposes. Only first names will be attached to any photo of a child.

13. Privacy: You understand that the personal information You have provided in this booking application is necessary for the administration of Your booking of the Indoor Facilities or Coaching Activities, and also to facilitate EC’s conduct and management of the Cricket Activities or Caching Activities, and that it is collected in accordance with the EC Privacy Policy (available at www.evolutioncricket.com). You acknowledge that EC may use or disclose Your personal information for the purposes of administering Your booking of the Indoor Facilities, the Cricket Activities or Caching Activities, or otherwise in accordance with the EC Privacy Policy. EC may share Your personal information with third parties such as companies engaged by EC to carry out functions and activities on its behalf, however Your information is not generally disclosed to anyone outside Australia. You understand that the EC Privacy Policy contains information about how You may access and request correction of Your personal information held by EC or make a complaint about the handling of Your personal information, and provides information about how a complaint will be dealt with by EC. You acknowledge that Your booking of the Indoor Facilities, or participation in the Cricket Activities or Coaching Activities may be rejected if the information is not provided. If You do not wish to receive material from EC sponsors and third parties You must advise EC in writing or via the opt-out procedures provided in the relevant communication.

14. Severance: If any provision of these terms and conditions is invalid or unenforceable, the phrase or clause is to be read down, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of these terms and conditions.

15. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter thereof.

16. Governing Law: The governing law of these terms and conditions is the law of the State of Western Australia. You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of Western Australia in which any incident occurs and waive any right to object to the exercise of such jurisdiction. You understand and acknowledge that this agreement is a contract intended to be as broad and inclusive as Western Australian law will allow and shall be binding to the fullest extent permitted by law. It is Your intent that this agreement shall be binding upon Your assignees, heirs, next of kin, executors and personal representatives.

Code of Conduct

Evolution Crickets’ Responsibilities:

Develop high quality, child friendly programs that appropriately cater for the needs of the children involved.
Provide safe equipment for participants to use that are regularly checked.
Ensure that all employees and volunteers have been checked and supplied Evolution Cricket with a Working with Children clearance number.
Provide an environment that is free from bullying and harassment and if bullying and/or harassment are recognised, all efforts will be made to appropriately manage the situation.

Participants/Parent/Caregiver Responsibilities:

Ensure that all participants partake in a way that enables the enjoyment of all involved.
Evolution Cricket’s rules and regulations in regard to activity and safety rules are adhered to. This will ensure the safety and wellbeing of all involved.

Lane Hire Safety

The following rules must be read carefully. In consideration of your booking of Evolution Cricket’s training facilities being accepted, you acknowledge and agree to the following rules:

User making booking must be over 18 years or older.
Users under the age of 18 must be supervised by a responsible adult.
User making booking must convey all Rules and Terms and Conditions to other participants within his/her booking.
All attendees of any booking are subject to the Rules, Terms and Conditions.
Dress Code: All users must wear appropriate clothing in line with an Indoor High Performance sporting facility and accompanying physical activity.
Spikes on footwear is strictly prohibited within the Evolution Cricket Centre.
Users must not enter the indoor cricket net area until their booked commencement time.
Lane changeover period: Please note that the first 5 minutes and last 5 minutes of your booking is used as a lane changeover period. Please be ready to exit the indoor centre lanes 5 minutes before the end of your hire period.
All users must be off the lanes at the time their booking expires.
Bowling Machines are not to be operated until induction training by staff has been completed.
Unsafe behaviour or actions may result in the User or Users being asked to leave, if deemed of significant and reasonable danger to others as deemed by Evolution Cricket staff.
Users are not permitted to access any private areas within or adjacent to the Evolution Cricket Centre.
Users are only permitted to common/public areas within the Evolution Cricket Centre. including the car park, entry area, toilet and the indoor cricket lanes.
Consumption of alcohol is strictly prohibited prior to and during use of the Evolution Cricket Centre.
Food and drink (other than water) is not permitted in the training lanes or external runups area (synthetic grass). Food and drink (other than water) may only be consumed in the entry area or on the grass outside. Glass containers are not permitted.
Chewing gum is not permitted in any part of the Evolution Cricket Centre.
Smoking or vaping is not permitted in any part of the Evolution Cricket Centre.
For safety, and to avoid distraction, mobile devices should be switched off during net sessions.
Play is strictly confined to the net area. Persons are not permitted to play cricket or otherwise in any area outside the designated net area.
Players and Coaches only in the playing area. Spectators may watch from behind the nets.
You or your Group are not permitted to move the nets or equipment unless authorised by members of the EC coaching or staff.