Smash Series Cricket – Terms of participation

1. Application

1.1. The online registration form and these Terms of Participation (which may be amended by Cricket Australia (CA) from time to time and are accessible at https://www.cricket.com.au/participation-terms-and-conditions (Terms and Conditions) are the conditions upon which you agree to participate in Smash Series Cricket (Program).

2. Participant Acknowledgement

2.1. I am a Program participant who is the subject of this registration (the Participant).

2.2. Image Use Consent: Unless CA is notified to the contrary, I (for myself, my heirs, executors and administrators) agree that: (i) I give our permission to CA, my home State or Territory Cricket Association (State Association) and their partners, representatives, agents and assigns (Authorised Parties) to use, reproduce and publish in any communication medium whatsoever television and photographic image/s of me obtained from my participation in the Program, as determined by the Authorised Parties (jointly or severally) from time to time, for educational, community cricket, promotional, commercial or marketing purposes; (ii) the foregoing permission is unconditional and applies in perpetuity; (iii) no fee or remuneration will be provided for my appearance in any such communication mediums; and (iv) I waive, release and forever discharge the Authorised Parties from all claims, actions and liability relating to its use of said television and photographic image/s.

2.3. Indemnity and Release Declaration: In consideration of allowing me to participate in the Program, I agree with CA and the State Association as follows:

I am responsible for organising transportation as a Participant to and from the Program and indemnify the State Association and CA for all liability and costs associated with my failure to arrange such transportation;
I acknowledge that participation in the Program involves inherent risks, hazards and dangers including the risk of injury and risks associated with heat and exposure to the sun.
To the full extent permitted by law:
1. I agree to absolve, indemnify and keep indemnified CA, the State Association and their directors, officers, employees, volunteers, sponsors and agents involved in the Program against all costs, losses or damages however caused arising from or in relation to my participation in the Program.
2. I agree to waive, release and forever discharge CA, the State Association and their directors, officers, employees, volunteers, sponsors and agents involved in the Program from all claims and/or causes of action that I have may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the Australian Consumer Law or any State Consumer Law) arising either directly or indirectly out of the my participation in the Program.
I authorise registered Program coordinators to arrange medical or hospital treatment (including, without limitation, ambulance transportation) and I indemnify the State Association and CA for all associated costs.

3. Player Code of Behaviour

3.1. By registering in the Program I agree that I understand and will adhere to the following code of behaviour:

Play by the rules;
Never argue with an umpire. If you disagree, have your captain, coach or manager approach the umpire in an appropriate manner during a break or after the game;
Control your temper. Verbal abuse of officials and sledging other players, deliberately distracting or provoking an opponent are not acceptable or permitted behaviours in cricket;
Work equally hard for yourself and your teammates. Your team’s performance will benefit and so will you;
Be a good sport;
Treat all participants in cricket as you like to be treated. Do not bully or take unfair advantage of another competitor;
Cooperate with teammates and opponents. Without them there would be no competition; and
Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural background or religion.

4. Limitation of Liability and Release

4.1. I understand that there are inherent risks associated with participation in the Program, which may result in personal injury (even of a serious nature) and that I fully accept and agree to bear those risks.

4.2. I agree not to bring any claim, demand, action or proceeding against CA (which shall include its directors, employees, agents and volunteers) for any damage, loss or injury whatsoever that I may suffer from participation in the Program.

4.3. CA’s liability to me (including that of its directors, employees, agents and volunteers) is limited (at CA’s election) to CA repaying any amounts paid by you under these Terms and Conditions to CA or supplying or resupplying any Program services to which I am entitled in accordance with these Terms and Conditions.

Cancellation and Refunds and Termination

5.1. Once I have registered for the Program, a refund will only be provided in accordance with the Program’s Refund Policy.

5.2. CA may terminate my participation in the Program on reasonable grounds at any time, including if my behaviour interferes with another participant’s safety or enjoyment of the Program.

5.3. CA may, in its absolute discretion, change a Program or part of a Program, including dates, session times, durations and locations.

6 Privacy

6.1. Personal information that CA collects on registration in the Program is used for the purpose of processing your application. CA may also use this information to send you CA and Program related information or offers.

6.2. CA may disclose your information to other organisations for the purpose of processing your application, research and development and performance evaluation, and otherwise in accordance with CA’s privacy policy (which is located at www.cricket.com.au/privacy).

7. At-Match Activity (eg. at BBL and International Match venues)

7.1. If I am selected for and attend a ‘Smash Series Cricket’ on-ground activity at an Australian Cricket match venue (At-Match Activity) I agree to the following At-Match Activity Participation Terms.

7.2. I agree that in consideration of allowing me to participate in the At-Match Activity, I (for myself, my heirs, executors, administrators and next of kin) represent and warrant to, and agree with CA, the State Association, the operator of the venue where the At-Match Activity takes place (Venue Operator) (together the “Operators”) that:

Risk Warning and Acknowledgement: I acknowledge and agree that my participation in the At-Match Activity involves participation in a sporting activity, similar leisure-time pursuit or another activity involving physical exertion or physical risk and that I will undertake the At-Match Activity for the purposes of recreation, enjoyment or leisure. The At-Match Activity may involve entry onto the field of play and/or another area with risks specific to that area, and I understand that there are inherent risks, hazards and dangers associated with such participation in the At-Match Activity, including but not limited to those listed below, and that I may suffer serious injury, or even death, as well as property loss or damage as a result of my participation. I acknowledge that this is a risk warning as applicable under the Civil Liability Act 2002 (WA), Civil Liability Act 2002 (NSW), Australian Consumer Law and Fair Trading Act 2012 (Vic), Civil Liability Act 2003 (QLD), Fair Trading Act 1987 (SA), Civil Liability Act 2002 (TAS) (the “State Consumer Laws”) and any other applicable law:

Risks may include but are not limited to:

Risk of strike from a cricket ball

Risks associated with playing cricket

Risks associated with moving between seat and onto the field

Risks related to heat and exposure to the sun

I understand this list is not exhaustive and there may be other risks inherent to the At-Match Activity.

I am at least 18 years old and have voluntarily elected to, and requested the Operators allow me to participate in the At-Match Activity;
I freely and voluntarily assume all risks associated with my participation in the At-Match Activity and acknowledge that participation is entirely at their and my own risk and that I may withdraw myself from the At-Match Activity at any time;
I am physically and medically fit enough to participate in the At-Match Activity. I am not aware of any medical condition, impairment, disease, illness or other reason why I should not participate in the At-Match Activity;
To the fullest extent permitted by law, I indemnify and will keep indemnified the Operators and each of their directors, officers, employees, volunteers, promoters, independent contractors and agents (the “Operator Parties”) against all costs, losses or damages however caused, arising from or in relation to my participation in the At-Match Activity;
To the fullest extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth) and, as applicable: section 5J of the Civil Liability Act 2002 (WA), section 5N of the Civil Liability Act 2002 (NSW), section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), section 19 of the Civil Liability Act 2003 (QLD), section 42 of the Fair Trading Act 1987 (SA), and/or section 20 of the Civil Liability Act 2002 (TAS)), the Operator Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me or the Participant in connection with the At-Match Activity, including in respect of any death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury), contraction, aggravation or acceleration of a disease or coming into existence, aggravation, acceleration or recurrence of any other condition or occurrence that is or may be harmful or disadvantageous to me arising from the At-Match Activity not being supplied with due care and skill or not being reasonably fit for purpose or for any breaches or failure of any consumer guarantees under Commonwealth law in the form of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law") or the State Consumer Laws, or due to negligence by any of the Operators or Operator Parties or for breach of contract;
To the fullest extent permitted by law, the Operator Parties' liability to me for a breach of any non-excludable guarantee is limited to a refund for any fees paid in connection with my entry into the venue;
Nothing in this document excludes, limits or modifies the application of the Australian Consumer Law or the State Consumer Laws or the exercise of any rights or remedies conferred by the Australian Consumer Law or the State Consumer Laws where to do so would contravene the Australian Consumer Law or the State Consumer Laws;
I consent to receiving and paying for any medical treatment (including without limitation, ambulance transportation) which is considered by the Operators to be advisable or deemed reasonable before, during or after the At-Match Activity. I indemnify and will keep indemnified the Operators for all costs associated with this medical treatment;
I am fully responsible for any loss or damage to, and the security of my personal belongings before, during and after the At-Match Activity;
I consent to (i) the recording of my image, likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together the “Images”), (ii) the collection and use of my and the Participant’s personal information in accordance with this Waiver and Release and Australian Cricket's Privacy Policy (available at www.cricket.com.au/privacy) and (iii) the use of the Images for commercial exploitation and other promotional or public relations purposes, throughout the world by any means (including but not limited to broadcast, telecast and print) by the Operators and their commercial partners without compensation to me (including, recording my participation in the At-Match Activity and using the Images at the venue and on the vision screens);
I agree to obey and accept the At-Match Activity rules and any other instructions issued by the Operators at any time;
I agree not to do anything which may adversely affect, prejudice or bring into disrepute the reputation of any of the Operators or the venue;
I acknowledge that my participation in the At-Match Activity is at the sole discretion of the Operators and accept that the Operators may cancel or postpone the At-Match Activity or may remove me from the venue immediately at any stage if I fail to comply with the terms of this release and waiver or otherwise and I will not be entitled to any compensation for that cancellation or postponement or to any refund in relation to any amounts paid by me to participate in the At-Match Activity or attend the venue;
I acknowledge that my participation in the At-Match Activity is not transferrable to any other party; and
I acknowledge that I have read and understand the warnings set out in this document pursuant to an applicable State Consumer Law that apply to a participant in any recreational enjoyment or leisure activity in the relevant State to which the State Consumer Law applies.