TERMS AND CONDITIONS

1. Definitions

Agreement means the Offer and the Terms to which the Parties agree to be bound.

Claims includes (as the context permits) a claim, notice, demand, action, proceeding, litigation, investigation, judgment, award, damage, loss (including economic loss), cost, expense, liability or Losses however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, common law, equity, tort or statute and whether involving a third Party or a Party to this Agreement or otherwise.

Customer means the person named in the Offer who has agreed to purchase and receive the Services from Phillips MBC Coaching and includes the Customer’s agents.

GST means Goods and Services Tax as defined with the A New Tax System (Goods and Services Tax) Act 1999.

IP Rights means intellectual property rights at any time protected by statute or common law, including without limitation, copyright, trademarks, patents, registered designs, trade and domain names, goodwill, rights in get-up, rights to sue for passing off, rights in designs, computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual or industrial property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection that now or in future, subsist anywhere in the world.

Loss includes, without limitation, costs (including Phillips MBC Coaching’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.

Offer means the written description of the Services which are offered to the Customer by Philips Coaching.

Party means the parties to this Agreement.

Personal Information has the meaning as defined in any applicable Privacy Law.

Phillips MBC Coaching means Phillips MBC Coaching Pty Ltd ACN 602 983 399, its successors and assignees or any person acting on behalf of and with its express authority.

Price means the price payable for the Services as specified in the Offer.

Privacy Law means any legislation or administrative requirement (as amended from time to time) imposing an obligation in relation to the collection, use, disclosure, storage and transmission of Personal Information which is applicable to a Party in the performance of its obligations under this agreement, including without limitation any codes, principles or guidelines contained in or arising out of such legislation.

Privacy Policy means Phillips Group privacy policy as published on www.phillipscoaching/privacy-policy

Services means all services provided by Phillips MBC Coaching to the Customer in accordance with these Terms as specified in the Offer.

Terms means the terms and conditions as set out in this document.

2. Acceptance

2.1 The Services are offered by Phillips MBC Coaching to the Customer in accordance with the Offer and these Terms.
2.2 The Customer is taken to have accepted the Offer by submitting the online form and paying the Price.
2.3 The Customer is taken to have exclusively accepted and is immediately bound by these Terms by submitting the online form and paying the Price.
2.4 The Terms together with the Offer constitute the Agreement between Phillips MBC Coaching and the Customer. No party can otherwise rely on any earlier document, or anything said or done by or on behalf of Phillips MBC Coaching before acceptance in accordance with clauses 2.2 and 2.3.
2.5 The Terms may only be amended with Phillips MBC Coaching’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Parties.
2.6 The Customer agrees that Phillips MBC Coaching may amend the Terms at any If Phillips MBC Coaching makes a change to the Terms, then that change will take effect from the date on which Phillips MBC Coaching notifies the Customer of such change.
2.7 Full payment is required by the invoice due date, regardless of attendance. Parents/guardians and students are responsible for ensuring lesson attendance.

3. Price

3.1 The Price for Services is set out in the Offer. Unless otherwise stated, the Price does not include GST. In addition to the Price, the Customer must pay Phillips MBC Coaching GST on the Price.
3.2 Card and platform charges apply and will be disclosed during the payment process.

4. Services

4.1 Phillips MBC Coaching will supply the Services in accordance with the Offer, and these Terms
4.2 Phillips MBC Coaching shall provide the Services with reasonable care and skill, in a professional manner with an emphasis on player development, safety and enjoyment of football, and will comply with the AFL safety guidelines as reasonably applicable.
4.3 In respect to Services provided to minors, Phillips MBC Coaching will ensure that all persons carrying out the Services hold and maintain valid working with children checks.

5. Cancellation & Refund Policy

5.1 Customer Cancellations
- (a) The Customer must notify Phillips MBC Coaching in writing no less than 24 hours prior to the scheduled Services if they wish to cancel.
- (b) Subject to the Customer’s rights under the Australian Consumer Law (ACL), Phillips MBC Coaching may, at its sole discretion, provide make-up sessions for missed classes. Make-up sessions are not redeemable for cash or transferable as credits towards future term fees.
- (c) In the case of extraordinary circumstances (e.g. long-term illness or injury), the Customer may discuss with Phillips MBC Coaching the possibility of Credit Notes and/or Refunds.
- (d) No refunds will be provided for early withdrawal from a seasonal or term booking.
5.2 Failure to Attend

(a) If the Customer fails to attend or participate in the Services without providing notice in accordance with clause 5.1(a), the Customer forfeits the Price paid for those Services.

5.3 Provider Cancellations

(a) Phillips MBC Coaching reserves the right to cancel or reschedule Services. In such cases, Phillips MBC Coaching will notify the Customer as soon as reasonably possible and will take all reasonable steps to offer an alternative date at no additional cost.
(b) If no suitable alternative can be arranged, a proportional refund of the Price relating to the cancelled Services will be provided. the Parties agree that any such cancellation, postponement or rescheduling is not a material breach of this Agreement. MBC Coaching is not liable for any indirect loss or damage arising from the cancellation.

6. Customer Obligations

6.1 The Customer will:
- (a) cooperate with and follow all lawful directions of Phillips MBC Coaching;
- (b) provide the information and documentation that Phillips MBC Coaching reasonably requires and requests (including without limitation the Customer’s full name, contact information, date of birth, the Customer’s emergency contact person’s information, the Customer’s level of experience, any relevant pre-existing injuries or medical conditions, the Customer (or their guardians) consent to participate in the Services, the Customer (or their guardians) consent for photography/social media and the like);
- (c) disclosing all pre-existing injuries or concerns and relevant medical conditions prior to the provision of the Services;
- (d) supplying the necessary equipment as set out in the Offer or advised to the Customer in advance of the Services;
- (e) complying with all applicable laws, directions by regulators and reasonable directions provided by Phillips MBC Coaching from time to time;
- (f) ensure that they are physically capable of participating in the Services provided by Phillips MBC Coaching.
6.2 If the Customer fails to comply with the obligations set out in the Terms (including without limitation clause 6.1) or acts in an abusive or inappropriate manner to Phillips MBC Coaching staff or management or other Customers, Phillips MBC Coaching may at its sole discretion:

(a) terminate the Terms;
(b) terminate any or all Offers with the Customer;
(c) refuse to provide further Services (on a short- or long-term basis); or
(d) retain (where applicable) the Price.

7. Assumption of Risk

7.1 By accepting the Offer, the Customer acknowledges and agrees that:
- (a) The Services involve high impact exercise and body contact sports in which physical injury may occur from time to time and based on this understanding, the Customer is voluntarily accepting the Services; and
- (b) the Customer takes upon themselves the risk (both physical and legal) of injury arising in the course of the Services.

8. Intellectual Property

8.1 Where Phillips MBC Coaching has designed, drawn, or developed the Services for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Phillips MBC Coaching. Under no circumstances may such designs, drawings or documents be used without the express written approval of Phillips MBC Coaching which may be withheld in its complete discretion.
8.2 All IP Rights in any works created by Phillips MBC Coaching on behalf of the Customer vest in and remain the property of Phillips MBC Coaching.

9. Agency and Assignment

9.1 The Customer agrees that Phillips MBC Coaching may at any time appoint or engage an agent to perform an obligation of Phillips MBC Coaching arising out of or pursuant to these Terms.
9.2 Phillips MBC Coaching may assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Terms provided that the assignee agrees to assume any duties and obligations of Phillips MBC Coaching owed to the Customer under these Terms.
9.3 The Customer is not permitted to assign, or purport to assign, any of its obligations or rights under these Terms without the prior written consent of Phillips MBC Coaching, which Phillips MBC Coaching may grant or decline in its absolute discretion.

10. Privacy

10.1 By submitting the online form and accepting the Offer, the Customer acknowledges that they have read and understood the Privacy Policy and this clause 10, and agrees and understands that Phillips MBC Coaching may store, process and use the data collected from the Customer’s online form and otherwise from the Customer for the purposes of providing the Services in accordance with the Privacy Laws and the Privacy Policy.
10.2 Phillips MBC Coaching may require personal information (including, where applicable, information related to health and safety) about the Customer for the purposes set out in the Privacy Policy, and the purposes of processing the Customer’s request for participation and registration in the Offer and to facilitate the Services.
10.3 Phillips MBC Coaching may disclose a Customer’s personal information to the Phillips MBC Coaching’s related bodies corporate, professional advisors, contractors, consultants, insurers, and third party service providers that assist with the provision or management of the Services, regulatory bodies and any other person or entity set out in the Privacy Policy or otherwise authorised at law.
10.4 If the Customer does not provide the personal information as requested, Phillips MBC Coaching may not be able to provide the Services to the Customer.
10.5 If the Customer has any concerns about the handling of their personal information they should contact Phillips MBC Coaching directly.

11. Images and Likeness

11.1 By ticking the relevant consent, the Customer:
- (a) consents to Phillips MBC Coaching and their related entities, taking, recording and using footage, film, video, images, photographs and audio which may feature the Customer and using the Customer’s name, likeness, reputation and identity in connection with:
- (b) consents to Phillips MBC Coaching doing, or omitting to do, anything contemplated in clause (a) above that would otherwise be an infringement of the Customer’s moral rights.
- (c) understands and acknowledges that the footage, film, video, images, photographs or audio may be altered, edited or modified in any manner determined by Phillips MBC Coaching in their sole discretion and the Customer waives any right to inspect or approve the alteration, edit or modification of the footage, film, video, images, photographs or audio.
- (d) releases Phillips MBC Coaching from any Claim or Loss in connection with any use of the footage, film, video, images, photographs or audio.

12. Confidentiality

Each of the Customer and Phillips MBC Coaching shall treat as confidential all information disclosed to or obtained from the other party pursuant to this Agreement and shall not divulge such information to any person (other than their employees and/or contractors or other authorised persons who need to know to give effect to the Agreement) without the other Party’s prior written consent, provided that this provision shall not apply to information which was rightfully in the possession of such party prior to the negotiations leading to this Agreement, which is public knowledge (otherwise than as a result of a breach of this provision) or which is disclosed in compliance with applicable law, regulation or court order, provided the other party is given reasonable written notice of such proposed disclosure.

13. Warranty

13.1 The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, the Customer is entitled:
- (a) to cancel your Service contract with us; and
- (b) to a refund for the unused portion, or to compensation for its reduced value.
13.2 You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
13.3 If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
13.4 Without limiting paragraphs 13.1, 13.2 and 13.3, subject to any Customer rights under the ACL or any other applicable law, and to the maximum extent permitted by law:
- (a) the Customer expressly agrees that the:
- (b) all information and specifications provided by Phillips MBC Coaching in relation to Services are approximations only, and small deviations or slight variations which do not substantially affect the Customer’s Service do not entitle the Customer to reject the Services or to make any Claim in respect of them;
- (c) any advice, recommendation, information, assistance or service given by or on behalf of Phillips MBC Coaching in relation to the Services, is given in good faith, is believed to be accurate, appropriate and reliable at the time it is given, and is provided without any warranties as to accuracy, reliability or appropriateness. The Customer relies on its own knowledge and expertise in deciding to purchase the Services, and is responsible for making its own enquiries to satisfy itself in respect of any recommendation advice, information, assistance or service given by or on behalf of Phillips MBC Coaching.
13.5 Other than as provided in the Terms, and subject to any Customer rights under the ACL or any other applicable law, to the maximum extent permitted by law, Phillips MBC Coaching and its employees, contractors or agents, are not liable or responsible to the Customer in any way for:
- (a) any Loss, damages (including direct, indirect, punitive, incidental, contingent, consequential, special damages or any damages whatsoever), costs, expenses or other Claims arising from or in any way connected with, directly or indirectly:
13.6 To the maximum extent permitted by law, any liability Phillips MBC Coaching may have to the Customer in respect of the Services that cannot be excluded will be limited to, at the Phillips MBC Coaching’s discretion:

(a) supplying the Service again; or
(b) providing for the cost of having the Services supplied again.

14. Indemnity

4.1 The Customer indemnifies and keeps Phillips MBC Coaching, its servants and agents indemnified:
- (a) in respect of any Claim by any person (including, without limitation, the Customer) against Phillips MBC Coaching or, for which Phillips MBC Coaching is liable, in connection with any Loss arising from or incidental to the provision of the Services, any Offer or the subject matter of these Terms; and
- (b) in respect of any Loss suffered or incurred by Phillips MBC Coaching due to breach by the Customer of these Terms or any other agreement between Phillips MBC Coaching and the Customer.
14.2 The indemnities described in clause 14.1 includes, without limitation, any legal costs incurred by Phillips MBC Coaching in relation to meeting any Claim or demand, any legal costs for which Phillips MBC Coaching is liable in connection with any Claim or demand, or legal costs incurred in enforcing Phillips MBC Coaching’s rights under these terms, on a full indemnity basis.
14.3 This provision remains in force after the termination of these Terms

15. Limitation of Liability

15.1 Each Party agrees that notwithstanding any other provision of this Agreement neither Party shall have any liability to the other (and whether in contract, tort (including negligence) or otherwise) for any loss of goodwill, business, revenue, profit or anticipated savings (whether reasonably foreseeable or not) nor for any indirect, incidental, special, exemplary or consequential loss or damages of the other Party whatsoever arising out of the performance, non-performance, breach or subject matter of this Agreement (including but not limited to any loss of data).

16. Force Majeure

16.1 If circumstances beyond Phillips MBC Coaching’s reasonable control prevent or hinder its provision of the Services, Phillips MBC Coaching is not obliged to provide the Services while those circumstances continue, and shall not be, or be deemed to be, in default of these Terms, or liable for any Loss suffered by the Customer for any delay or failure to supply the Services, as a result of the effects of force majeure. Phillips MBC Coaching may elect to terminate these Terms or keep the Terms on foot until such circumstances have ceased.
16.2 Circumstances beyond Phillips MBC Coaching’s control include, without limitation, strikes, lockouts, riots, natural disasters, fire, war, acts of God, pandemics, government decrees, proclamations or orders, transport difficulties, failures or malfunctions of computers or other information technology systems.

17. General

17.1 The Terms are governed by the laws of Victoria, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.
17.2 The Terms and the Offer and written variations agreed to in writing by Phillips MBC Coaching represent the whole agreement between the parties relating to the subject matter of the Terms, and they supersede all oral and written negotiations and communications by and on behalf of either of the parties.
17.3 The variation or waiver of a provision of the Terms or a party’s consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
17.4 In entering into the Terms, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by Phillips MBC Coaching or any of its employees or agents relating to or in connection with the subject matter of the Terms.
17.5 If any provision of the Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
17.6 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

18. Interpretation

18.1 In the Terms, unless the context otherwise requires:
- (a) a reference to writing includes email and other written communication;
- (b) the singular includes the plural and vice versa;
- (c) a reference to a clause or paragraph is a reference to a clause or paragraph of the Terms;
- (d) a reference to a party to the Terms or any other document or arrangement includes that party’s executors, successors, administrators and permitted assigns;
- (e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
- (f) headings are for ease of reference only and do not affect the meaning or interpretation of the Terms.

Document updated September 2025.