Curtis Kratzmann Group P/L Trading as Hive Sports Co (HSC) & The Tennis Hive (TTH)
Terms and Conditions | Waiver & Release (Including Minors)
Curtis Kratzmann Group P/L trading as Hive Sports Co & The Tennis Hive (TTH) is a supplier of “recreational services” as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012.
The recreational services and facilities provided include, but are not limited to:
tennis courts, tennis lessons, coaching programs, holiday camps, competitions, match play, court bookings, equipment hire, training activities, and the condition, layout, construction, design, maintenance, and use of tennis courts and surrounding areas, and any other associated sporting or leisure activities (“recreational activities”).
Purpose of this Acknowledgement
The purpose of this waiver is to limit the liability of The Tennis Hive (TTH), its employees, directors, contractors, coaches, volunteers, and agents, and to exclude liability for personal injury or death arising from participation in recreational activities.
By enrolling a participant (including a minor), booking a court, attending lessons, camps, competitions, or otherwise participating in recreational activities at a TTH venue, you agree that participation is subject to the following terms and conditions.
WARNING – AUSTRALIAN CONSUMER LAW
Under the Australian Consumer Law, certain statutory guarantees apply to the supply of goods and services. These guarantees require that recreational services are:
- rendered with due care and skill;
- reasonably fit for any disclosed purpose; and
- reasonably expected to achieve any disclosed result.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to request that participants agree these guarantees do not apply to recreational services.
By accepting this waiver, you agree that your rights (and the rights of the minor participant) to sue TTH for death or personal injury resulting from a failure to comply with these guarantees are excluded, restricted, or modified, to the extent permitted by law.
This exclusion does not apply in cases of gross negligence by the supplier.
Assumption of Risk & Exclusion of Liability
You acknowledge that participation in tennis and associated recreational activities involves inherent risks and hazards, including but not limited to:
- slipping or falling
- collisions with courts, nets, fences, equipment, or other participants
- physical exertion, overuse injuries, or impact injuries
These risks may result in serious injury, permanent disability, or death.
You voluntarily assume all such risks for yourself and/or the minor participant and waive the right to sue TTH for any injury or death arising from participation in recreational activities.
Release and Indemnity
To the maximum extent permitted by law, you agree that TTH, its employees, directors, contractors, coaches, volunteers, and agents:
- are not liable for personal injury or death arising from participation in recreational activities
- are released from all actions, claims, demands, costs, and liabilities arising out of or incidental to participation, whether caused by negligence or otherwise
You agree to indemnify and hold harmless TTH against all claims, demands, damages, costs, or liabilities arising from participation by you or the minor participant.
Minors – Parental / Guardian Consent
Where the participant is under 18 years of age, this agreement must be completed by the participant’s parent or legal guardian.
By accepting this waiver, you confirm that:
- you are the parent or legal guardian of the minor participant;
- you consent to the minor’s participation in all TTH recreational activities;
- you accept and assume all risks on behalf of the minor; and
- you agree to be bound by these terms on your own behalf and on behalf of the minor.
Children must comply with all coaching instructions and venue rules at all times.
Health & Medical
You confirm that the participant is in good health and free from any medical condition that would make participation unsafe.
Participants who are injured, unwell, pregnant, or have pre-existing medical conditions should seek medical advice before participating.
You authorise TTH to obtain emergency medical treatment for yourself or the minor participant if required and agree to cover any associated costs.
Behaviour, Safety & Compliance
Participants must comply with:
- all venue signage
- coach instructions
- TTH policies and codes of conduct
TTH may suspend or cancel participation at its discretion for unsafe, reckless, or non-compliant behaviour.
Photography & Media
You consent to TTH photographing, filming, or recording you and/or the minor participant and using names, images, voices, or likenesses for marketing, promotional, educational, or surveillance purposes, without compensation.
Personal Property
Participants are responsible for their own property.
TTH accepts no responsibility for lost, stolen, or damaged personal items.
General
- This agreement is governed by the laws of Queensland
- Any unenforceable provision will be severed without affecting the remaining terms
- This waiver constitutes the entire agreement and supersedes any prior agreements
- The waiver continues to apply even after participation ends
