Terms and Conditions of Affiliation
1.1.Granting Of Affiliation
Subject to the provisions of these Terms and Conditions, in consideration of the Club paying the Affiliation Fee and continuing to abide by the Terms and Conditions, the Association Member will grant Affiliation to the Club.
The Club will pay the Affiliation Fee to the Association Member within seven* (7) days of the date of a tax invoice from the Association Member to the Club.
* Note: Process varies from State to State, please confirm with your Association Member.
The Club must at all times comply with the Affiliation Standards and warrants that at the time of applying for Affiliation the Club complies with the Affiliation Standards.
The Club acknowledges and agrees that Affiliation is conditional upon the Club continuing to comply with the Affiliation Standards and these Terms and Conditions, and if at any time the Club is in breach of the Affiliation Standards or these Terms and Conditions, the Association Member may, in their complete discretion:
a) give the Club written notice requiring the Club to remedy any breach of the Affiliation Standards or Terms and Conditions within such time as the Association Member determines, at the Club’s expense;
b) suspend the Club’s Affiliation for such period as the Association Member determines;
c) terminate the Club’s Affiliation;
d) vary the Club’s Affiliation or the level of service provided in such manner as the Association Member determines; and/or
e) take any such other action against the Club as the Association sees fit.
If the Club’s Affiliation is terminated in accordance with clause 1.4 (c):
a) the Club may not make a further application for Affiliation until it has remedied the breach or breaches of the Affiliation Standards or Terms and Conditions which resulted in the termination of its Affiliation; and
b) the Association Member may impose such additional conditions as it sees fit on any further Affiliation granted to the Club.
3.Refusal Of Affiliation
3.1 Notwithstanding anything in these Terms and Conditions, the Association Member may decline to grant Affiliation to the Club and the Association Member’s decision in that regard shall be final and binding and shall not be the subject of any appeal right.
3.2 If Affiliation is not granted, the Association Member shall refund the Affiliation Fee to the Club.
4.1 For the purposes of this clause, a ‘Dispute’ is any dispute or difference arising out of, or relating to, these Terms and Conditions, or where agreement between the Parties is required by these Terms and Conditions and there is absence of agreement after a reasonable period.
4.2 Neither Party may commence or initiate any court proceedings (except applications for urgent interim injunctions) until the procedures set out in clauses 4.3 and 4.4 have been followed.
4.3 If a Party considers that a Dispute has arisen, that Party must promptly send a notice to the other Party (Notice) setting out a full description of the matters in dispute or in which there is a difference.
4.4 An authorised representative of each Party (or their nominees) must attempt to resolve the Dispute, on the basis that the Parties wish to retain a long term commercial relationship.
4.5 If the Dispute is not resolved within 30 calendar days of the Notice, or any longer time the Parties may agree that either Party may commence or initiate appropriate legal proceedings.
5.Definitions and Interpretations
||means recognition by the Association Member and Gymnastics Australia as a Club within the Club 10 Framework
||means the annual fee calculated and imposed by the Association Member on the Club for Affiliation.
||means the requirements for Affiliation published by the Association Member and Gymnastics Australia from time to time.
||means a legal entity, affiliated to the Association Member and Gymnastics Australia in compliance with the National Affiliation Requirements.
|Club 10 & Club 10 Framework
||means the quality assurance and risk management program developed by Gymnastics Australia to provide resources and services to gymnastics Clubs.
|Owner or Owners
(a) where the Club is owned by an individual in their personal or sole trader capacity, that individual; or
(b) where the Club is owned by a partnership, the individuals comprising that partnership; or
(c) where the Club is owned by an incorporated legal entity, the Directors and Officers (as defined in the Corporations Act 2001 (Cth)) of that incorporated legal entity.
|Operator or Operators
(a) the Chief Executive Officer (or equivalent position/s) and Chief Operating Officer (or equivalent position/s) of the Club; and
(b) the Manager or Managers (or equivalent position/s) of the Club; and
(c) the gymnastics manager or managers (or equivalent position/s) of the Club.
|Party or Parties
||means either or all of the Club, the Association Member and Gymnastics Australia as the context so requires.
|Terms and Conditions
||means the Terms and Conditions of Affiliation set out in this page.
In Step 7 of the Online Club Affiliation Form and in these Terms and Conditions, unless the context otherwise requires:
a) the singular includes the plural and vice versa;
b) other grammatical forms of defined words or phrases have corresponding meanings;
c) a reference to a clause, part of a clause, schedule or annexure is a reference to that clause, part of a clause, schedule or annexure of or to these Terms and Conditions and a reference to these Terms and Conditions includes their schedules and any annexure;
d) a reference to a document, Deed or Agreement, includes a reference to that document, Deed or Agreement as notated, altered or replaced from time to time;
e) a reference to “dollar”, “$” or “AUD” is a reference to Australian currency;
f) headings are for convenience of reference only and do not affect interpretation.
6.1. Entire Agreement
These Terms and Conditions constitute the entire Agreement between the Parties. No understanding, arrangement or provision not expressly set out in these Terms and Conditions binds the Parties. Accordingly, all correspondence, negotiations and other communications between the Parties in relation to the subject matter of these Terms and Conditions which precede these Terms and Conditions are superseded by it and have no effect.
These Terms and Conditions may only be amended in writing signed by all Parties and not in any other manner.
a) The failure by any Party at any time to enforce any of its powers, remedies or rights under these Terms and Conditions will not constitute a waiver of those powers, remedies or rights or affect the Party’s rights to enforce those powers, remedies or rights at any time.
b) Any single or partial exercise of any power, remedy or right does not preclude any other or further exercise of it or the exercise of any other power, remedy or right under these Terms and Conditions.
If any provision of these Terms and Conditions is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
6.5. Governing Law
These Terms and Conditions are governed by the law in force in Victoria and the Parties submit to the non-exclusive jurisdiction of the courts of Victoria and all courts competent to hear appeals from the courts of Victoria in respect of all proceedings arising in connection with these Terms and Conditions.
No Party may assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of all the other Parties and no assignment of any obligation will be effective until the assignee has covenanted in favour of, and in form satisfactory to, the non-assigning Parties, to assume and to be bound by the obligations assigned.
6.7. Further Assurances
Each Party must do, sign, execute and deliver and must procure that each of its employees and agents does, signs, executes and delivers all Agreements, documents, instruments and acts reasonably required of it or them by Notice from the other Party effectively to carry out and give full effect to these Terms and Conditions and the rights and obligations of the Parties under them.