Policies
Terms & Conditions
These Terms & Conditions govern registration for and participation in Apex Super League, including trials, player assessments, offers of places, the player draft, training sessions, matches, finals, events and associated services.
Apex Super League is a competition operated by Apex Football Group, ABN 34 672 323 867.
These Terms & Conditions apply from the time a parent or legal guardian registers a player for an Apex Super League trial or assessment.
Registering for or completing a trial does not by itself create an obligation to pay the Apex Super League Total Program Fee. That financial commitment arises only if the player is subsequently offered a place and the parent or legal guardian accepts that place in accordance with these Terms & Conditions.
By registering a player for an Apex Super League trial or assessment, the parent or legal guardian also acknowledges and agrees to the photography and videography requirements described in these Terms & Conditions and the Media & Recording Policy.
Registration, trials and offers
1. Parent or legal guardian authority
Players under 18 must be registered by, or with the authority of, a parent or legal guardian.
The person completing a trial registration, accepting an offer or entering into a payment arrangement confirms that:
- they are the player's parent or legal guardian, or otherwise have lawful authority to act on the player's behalf;
- the information supplied to Apex Football Group is accurate and complete;
- they have authority to enter into the applicable agreement concerning the player's participation;
- they have authority to provide the acknowledgements, permissions and consents required in connection with the player's participation; and
- they will notify Apex Football Group if information relevant to the player's participation, health, safety or eligibility materially changes.
Apex Football Group may request reasonable additional information where necessary to verify eligibility, administer Apex Super League or protect player welfare.
2. Eligibility
Players must satisfy the age and other eligibility requirements applicable to the program or age group for which they register.
Apex Football Group may request reasonable evidence of a player's date of birth or other eligibility information.
Providing materially false, misleading or incomplete information may result in a trial registration, offer or confirmed place being suspended or cancelled.
Apex Football Group may determine the most appropriate age group or playing environment for a player having regard to age, ability, development, player welfare, safety and the structure of Apex Super League.
3. Trial and player assessment registration
Registering and paying for a trial or player assessment provides the player with an opportunity to participate in the applicable assessment process.
Registration for or completion of a trial does not guarantee:
- an offer of a place in Apex Super League;
- progression through any subsequent selection or draft process;
- allocation to a particular Apex Super League club;
- placement with particular teammates;
- a particular playing position;
- a particular training day or time;
- placement in a particular age group; or
- any particular amount of playing time.
Players may be assessed on matters including:
- technical ability;
- tactical understanding;
- decision-making;
- physical capabilities;
- football characteristics;
- attitude and coachability;
- developmental needs; and
- the requirements and structure of Apex Super League.
Assessment and selection decisions are made by Apex Football Group using reasonable sporting judgement.
Photography and videography may take place during trials and assessments in accordance with these Terms & Conditions and the Media & Recording Policy.
Agreement to the applicable media requirements is a condition of participating in an Apex Super League trial.
4. Trial participation does not commit the parent to the Total Program Fee
Payment of a trial or assessment fee relates only to the applicable trial or assessment unless expressly stated otherwise.
A parent or legal guardian does not become liable for the Apex Super League Total Program Fee merely because:
- the player registers for a trial;
- a trial or assessment fee is paid;
- the player attends a trial;
- the player completes an assessment; or
- Apex Football Group determines that the player is suitable for Apex Super League.
A separate offer and acceptance process applies before the player's place in Apex Super League is confirmed and the Total Program Fee becomes payable.
5. Offer of a place in Apex Super League
Following the trial and assessment process, Apex Football Group may offer a player a place in Apex Super League.
An offer of a place does not, by itself, confirm the player's registration.
The offer or associated Parent Portal will provide the parent or legal guardian with the relevant information concerning the offered place, including the applicable:
- Total Program Fee;
- available payment options;
- deposit required for each applicable payment option;
- payment schedule;
- program information; and
- deadline for accepting the offer.
The applicable Total Program Fee does not need to be stated in these general Terms & Conditions.
The Total Program Fee applicable to the player will be clearly disclosed to the parent or legal guardian before the offered place is accepted.
6. 72-hour offer period
Unless Apex Football Group expressly specifies a different period in writing, an offer of a place remains available for 72 hours from the time the offer is issued.
To accept an offered place within that period, the parent or legal guardian must:
- complete the required acceptance process;
- select one of the payment options made available by Apex Football Group;
- agree to the payment obligations associated with that payment option;
- confirm acceptance of the applicable Apex Football Group policies and terms; and
- successfully pay the applicable deposit.
All required steps must be completed within the applicable 72-hour period unless Apex Football Group agrees otherwise in writing.
7. Confirmation of a player's place
A player's place in Apex Super League is confirmed only when:
- the parent or legal guardian has accepted the offer;
- a payment option has been selected;
- all required acceptance information has been completed;
- the applicable terms and policies have been accepted; and
- the applicable deposit has been successfully received by Apex Football Group.
Once these requirements have been completed, the parent or legal guardian enters into a fixed-program registration for the applicable Apex Super League program and becomes responsible for payment of the applicable Total Program Fee.
That obligation remains subject to these Terms & Conditions, the Trial, Cancellation & Refund Terms and applicable law.
8. Expiry of an offer
If the required acceptance steps and deposit payment are not completed within the applicable 72-hour period, Apex Football Group may treat the offer as having lapsed.
Apex Football Group may then release the proposed place and offer it to another player.
Apex Football Group is not required to reserve a place after an offer expires.
Where a parent or legal guardian seeks to accept an expired offer, Apex Football Group may choose to issue or reinstate an offer if an appropriate place remains available but is not required to do so.
Any new or reinstated offer may be subject to a new acceptance deadline.
Fees and payment
9. Total Program Fee
The Total Program Fee is the total price payable for the player's place in the applicable Apex Super League program.
The applicable Total Program Fee will be disclosed to the parent or legal guardian before the offered place is accepted.
The Total Program Fee relates to the player's registration for the Apex Super League program as a whole.
It is not calculated on a:
- session-by-session;
- match-by-match;
- week-by-week; or
- month-by-month attendance basis.
Once an offered place has been accepted in accordance with these Terms & Conditions, the parent or legal guardian has committed to payment of the Total Program Fee, subject to the Trial, Cancellation & Refund Terms and any legal rights that cannot lawfully be excluded.
10. Payment options
Apex Football Group may provide multiple options for payment of the Total Program Fee.
Payment options may differ in relation to:
- the initial deposit;
- the number of instalments;
- the amount of individual instalments;
- payment dates; or
- the proportion of the Total Program Fee paid upfront.
The available payment options will be displayed or otherwise communicated before the offered place is accepted.
Selecting a payment option changes how and when the Total Program Fee is paid.
It does not change the player's registration into a casual, weekly, monthly or pay-as-you-go service.
11. Deposit
The applicable deposit must be paid as part of accepting an offered place.
Unless expressly stated otherwise, the deposit:
- forms part of the Total Program Fee;
- is credited towards the Total Program Fee;
- is not an additional charge on top of the Total Program Fee; and
- confirms the player's place once all other acceptance requirements have been completed.
The treatment of a deposit following cancellation or withdrawal is governed by the Trial, Cancellation & Refund Terms and applicable law.
12. Instalment plans are payment arrangements
Where a parent or legal guardian selects an instalment option, that instalment plan is a method of paying the agreed Total Program Fee over time.
An instalment plan is not:
- a casual membership;
- a weekly membership;
- a monthly membership;
- a subscription that may automatically be cancelled simply by ceasing participation;
- a pay-per-session arrangement; or
- an arrangement under which only sessions actually attended are payable.
The player's registration relates to the applicable Apex Super League program as a whole.
Unless an adjustment applies under the Trial, Cancellation & Refund Terms or applicable law, the amounts forming part of the Total Program Fee remain payable in accordance with the selected payment arrangement.
13. Voluntary withdrawal after accepting a place
Once an offered place has been accepted and the player's registration confirmed under these Terms & Conditions, a subsequent voluntary decision to withdraw the player does not, by itself, cancel the obligation to pay the Total Program Fee.
Where a player voluntarily withdraws after their place has been confirmed, any unpaid balance of the Total Program Fee remains payable in accordance with the agreed payment arrangement unless a cancellation, refund, credit or other adjustment applies under:
- the Trial, Cancellation & Refund Terms;
- these Terms & Conditions; or
- applicable law.
Examples of voluntary withdrawal may include:
- change of mind;
- loss of interest or motivation;
- choosing another football program or club;
- choosing another sporting activity;
- conflicting sporting commitments;
- school or extracurricular commitments;
- holidays or travel;
- transport difficulties;
- personal scheduling difficulties;
- dissatisfaction with club allocation;
- dissatisfaction with playing position;
- dissatisfaction with ordinary coaching or selection decisions;
- dissatisfaction with results; or
- simply deciding not to continue.
A player's non-attendance does not convert the fixed-program registration into a pay-as-you-go arrangement.
14. Non-attendance does not cancel the agreement
Simply stopping attendance does not constitute cancellation of the player's financial agreement.
Where the player remains registered and Apex Football Group continues to make the applicable Apex Super League services available, the parent or legal guardian remains responsible for the Total Program Fee in accordance with the agreed payment arrangement.
A parent or legal guardian wishing to formally withdraw a player should notify Apex Football Group in writing.
Any request for cancellation, refund, credit or adjustment of the remaining payment obligation will be considered under the Trial, Cancellation & Refund Terms and applicable law.
15. Failed and overdue payments
Where an instalment or other scheduled payment is unsuccessful, Apex Football Group or its payment provider may contact the account holder and may make further attempts to process the payment where authorised.
The parent or legal guardian is responsible for maintaining valid payment details.
Where an amount remains materially overdue, Apex Football Group may provide reasonable notice requiring the account to be brought up to date.
Where appropriate and permitted by law, Apex Football Group may temporarily suspend the player's participation while materially overdue amounts remain unpaid.
Suspension does not, by itself, cancel amounts otherwise payable under the agreed fixed-program registration.
Further payment-plan requirements may be contained in the Payment Plan Terms.
The competition
16. Player draft and club allocation
Players who accept an offered place may be allocated to an Apex Super League club through the player draft or another allocation process determined by Apex Football Group.
Allocation may take into account factors including:
- the player's individual strengths;
- developmental needs;
- age;
- ability;
- technical characteristics;
- tactical characteristics;
- suitable playing positions;
- team composition;
- competitive balance;
- player welfare;
- player safety;
- the playing style of each Apex Super League club; and
- the overall requirements of Apex Super League.
The allocation process is intended to create an appropriate competitive and developmental environment in which players can express their strengths while also being challenged to develop.
Apex Football Group does not guarantee allocation to:
- a requested club;
- particular teammates;
- a particular position;
- a particular coach;
- a particular training day; or
- a particular training time.
Where reasonably necessary for player welfare, withdrawals, team numbers, competitive balance, safety or operational requirements, Apex Football Group may adjust a player's club or team allocation.
17. Program structure and inclusions
The specific inclusions applying to an Apex Super League program will be stated in the applicable offer, registration information or program description.
Depending on the applicable program, these may include:
- scheduled training sessions;
- competitive matches;
- league fixtures;
- finals;
- coaching;
- player-development reviews;
- match recording;
- player statistics;
- player profiles;
- Parent Portal access;
- training or match kits; and
- other inclusions expressly stated for that program.
Apex Football Group will make reasonable efforts to provide the program substantially as described when the offered place is accepted.
18. Training
Players are expected to arrive on time and appropriately prepared for scheduled training.
Training content, coaching methodology, player groups and session structure are determined by Apex Football Group.
Apex Football Group may reasonably move players between groups where appropriate for:
- player development;
- team requirements;
- player welfare;
- safety;
- coaching requirements; or
- effective session delivery.
Players must comply with reasonable instructions given by Apex Football Group coaches and staff.
19. Matches and playing time
Match selections, positions, substitutions and playing time may be determined having regard to:
- player development;
- attendance;
- player safety;
- behaviour;
- match circumstances;
- tactical considerations;
- team composition; and
- the reasonable sporting requirements of the team.
Apex Super League is intended to provide meaningful playing opportunities.
However, Apex Football Group does not guarantee identical playing time in every individual match unless expressly stated otherwise for the applicable program.
Players may be used in different positions as part of their development or the requirements of their team.
20. Fixtures, ladder and finals
Apex Football Group determines the reasonable sporting and administrative structure of Apex Super League, including:
- fixtures;
- match times;
- match duration;
- competition rules;
- ladder arrangements;
- competition points;
- finals formats;
- match procedures; and
- other reasonable competition requirements.
Reasonable adjustments may be made where necessary because of:
- player numbers;
- player withdrawals;
- team numbers;
- venue availability;
- weather;
- safety;
- scheduling issues;
- competition balance; or
- circumstances outside the reasonable control of Apex Football Group.
21. Venue and schedule changes
Training sessions, matches or other Apex Super League activities may be moved to another field, venue, day or time where reasonably necessary.
Reasons may include:
- ground closures;
- ground availability;
- unsafe playing surfaces;
- weather;
- lighting issues;
- maintenance;
- venue requirements;
- local government requirements;
- emergencies; or
- other operational circumstances.
Where reasonably practicable, Apex Football Group will communicate material scheduling changes to affected families.
A reasonable change of field, venue or scheduled time does not, by itself, constitute cancellation of the program.
22. Weather and unsafe conditions
Player safety takes priority over completing a scheduled activity.
Apex Football Group may delay, modify, shorten, relocate, postpone or cancel an activity where conditions are considered unsuitable or unsafe.
This may include circumstances involving:
- lightning;
- severe weather;
- extreme heat;
- excessive rainfall;
- unsafe surfaces;
- damaged facilities;
- poor visibility;
- air-quality concerns;
- lighting failure; or
- directions from a venue operator or relevant authority.
Where reasonably practicable, Apex Football Group may reschedule or relocate an affected activity or provide another appropriate alternative.
The modification or cancellation of an individual activity because of safety, weather or circumstances outside the reasonable control of Apex Football Group does not automatically create an entitlement to a session-by-session refund.
Nothing in this section limits a right or remedy that cannot lawfully be excluded.
23. Attendance and missed activities
Parents and legal guardians are responsible for ensuring that players attend scheduled activities at the appropriate time and venue.
Where reasonably possible, Apex Football Group should be notified of an expected absence.
A player missing a training session, match or other activity due to personal circumstances does not ordinarily result in the Total Program Fee being recalculated on a pro-rata or session-by-session basis.
This includes absences resulting from:
- holidays;
- school commitments;
- transport difficulties;
- competing sporting activities;
- social commitments; or
- voluntary non-attendance.
This section remains subject to the Trial, Cancellation & Refund Terms and applicable law.
Health, safety and conduct
24. Health and medical information
Parents and legal guardians must provide Apex Football Group with information concerning any medical condition, allergy, injury, medication requirement, disability or other circumstance that is reasonably relevant to the player's safe participation.
Relevant information should be kept current.
A player should not participate where they are injured, unwell or otherwise unable to participate safely.
Apex Football Group coaches and staff are not providing medical diagnosis or medical treatment other than reasonable first-aid assistance within the scope of their role, qualifications and competence.
25. Medical emergencies
Where Apex Football Group reasonably believes that a player requires urgent medical assistance, Apex Football Group may:
- provide or arrange appropriate first aid;
- contact the player's parent, legal guardian or nominated emergency contact; and
- contact emergency services where reasonably necessary.
Where a parent or legal guardian cannot immediately be contacted, player safety will take priority.
Nothing in these Terms & Conditions requires an Apex Football Group coach or staff member to perform treatment outside their training or competence.
26. Participant risk warning
Football, football training and associated sporting activities involve physical activity and inherent risks of injury.
Participation may involve running, jumping, acceleration, deceleration, changes of direction, physical exertion, tackles, challenges, contact with other players, contact with footballs or equipment, falls and collisions.
Potential injuries may include:
- bruising and abrasions;
- strains and sprains;
- muscle and tendon injuries;
- joint injuries;
- fractures;
- dental or facial injuries;
- concussion or other head injuries; and
- other physical injury.
Serious injury, although less common, can occur.
Parents and legal guardians should consider the inherent risks of participation before allowing a player to participate.
Players must comply with reasonable safety directions given by Apex Football Group coaches and staff, match officials and venue operators.
Apex Football Group will take reasonable steps concerning player safety but cannot eliminate all risks inherent in football and physical sporting activity.
Nothing in this section is intended to exclude, restrict or modify any liability, statutory right or remedy where doing so would be unlawful.
27. Player conduct
Players must comply with the Apex Super League Code of Conduct and reasonable instructions given by Apex Football Group coaches and staff and match officials.
Players must not engage in:
- bullying;
- harassment;
- threatening or intimidating behaviour;
- fighting or deliberate violence;
- discriminatory abuse;
- serious or repeated abusive language;
- intentionally dangerous behaviour;
- deliberate damage to facilities or equipment; or
- other behaviour that materially affects the safety or wellbeing of another person.
Apex Football Group may take reasonable disciplinary action where these standards are breached.
28. Parent, legal guardian and spectator conduct
Parents, legal guardians and spectators must comply with the Apex Super League Code of Conduct.
Abusive, threatening, discriminatory, intimidating or seriously disruptive behaviour towards players, coaches, referees, staff, parents or spectators is not permitted.
Parents and spectators must not enter playing, coaching or other restricted areas unless authorised.
Concerns regarding coaching, officiating, player welfare or competition administration should be raised through an appropriate Apex Football Group communication channel rather than through confrontation with a player, coach, referee or other participant.
29. Disciplinary action
Depending on the nature and seriousness of conduct, Apex Football Group may take reasonable action including:
- an informal discussion;
- a formal warning;
- behavioural conditions;
- removal from an individual session or match;
- temporary suspension;
- spectator restrictions;
- reassignment where appropriate; or
- removal from Apex Super League.
Apex Football Group will consider relevant circumstances including:
- the seriousness of the conduct;
- the player's age;
- previous incidents;
- player welfare;
- safeguarding considerations; and
- the safety of others.
Where reasonably practicable and appropriate, the affected person will be given an opportunity to respond before a final disciplinary decision is made.
Apex Football Group may take immediate temporary protective action where reasonably necessary for safety or safeguarding.
If a player is permanently removed by Apex Football Group, any remaining financial obligation or entitlement to a refund or credit will be determined under the Trial, Cancellation & Refund Terms and applicable law.
30. Player safety and safeguarding
Apex Football Group is committed to providing a safe and respectful environment for children and young people.
Players, parents, legal guardians, coaches, staff and other relevant participants must comply with the Player Safety & Safeguarding Policy.
Child-safety and safeguarding concerns should be reported using the process set out in that policy.
Equipment, media and digital services
31. Uniforms, kits and merchandise
Where a training uniform, match kit or other item is included in or purchased as part of a program, the parent or legal guardian is responsible for providing accurate sizing information where requested.
Apex Football Group may determine the applicable uniform requirements for Apex Super League clubs.
Once an item has been personalised, printed or specifically produced for a player, change-of-mind exchanges may not always be available.
Nothing in this section affects statutory rights relating to goods that are faulty, incorrectly supplied or otherwise non-compliant.
32. Personal belongings and equipment
Players are responsible for bringing any personal equipment identified as necessary for participation.
Players and families are responsible for taking reasonable care of personal belongings brought to training sessions, matches and events.
To the extent permitted by law, Apex Football Group is not responsible for ordinary loss, theft or damage to personal property where that loss was not caused by a failure by Apex Football Group to exercise care required by law.
Valuable items should not be left unattended.
33. Photography, videography and media permission
Photography and videography are an integral part of the operation, development, documentation and promotion of Apex Super League.
Media permission is a condition of participation in both Apex Super League trials and Apex Super League itself.
By registering a player for an Apex Super League trial or assessment, the parent or legal guardian confirms that they have authority to provide media permission on behalf of the player and grants Apex Football Group permission to photograph, film and otherwise record the player for the permitted purposes described below.
If the player is subsequently offered and accepts a place in Apex Super League, that permission continues for the player's participation in Apex Super League in accordance with the Media & Recording Policy.
Permitted purposes may include:
- recording trials and assessments;
- recording training sessions;
- recording Apex Super League matches and events;
- coaching and player development;
- match and performance analysis;
- player reviews;
- competition administration;
- player profiles and statistics;
- the Apex Super League Parent Portal;
- the Apex Super League website;
- Apex Football Group websites and digital platforms;
- social media operated by or on behalf of Apex Football Group;
- organic social-media content;
- paid digital advertising;
- digital and printed promotional material;
- brochures and other marketing material;
- promotion of Apex Football Group programs and services;
- promotion of Apex Super League;
- public relations and media communications;
- internal staff or coach training;
- historical and business records; and
- other substantially similar purposes directly connected with the operation, promotion or development of Apex Football Group or Apex Super League.
Media may include the player's image, likeness, voice, football activity, team participation and other content captured in connection with Apex Super League activities.
Apex Football Group may edit, crop, reproduce, publish, communicate and distribute approved media for the permitted purposes.
Media may be used through service providers, contractors, photographers, videographers, marketing providers or technology providers acting for or on behalf of Apex Football Group.
Apex Football Group will not knowingly use a child's image in a sexualised, degrading, misleading or exploitative manner.
Photography or videography is not permitted in toilets, changing areas or other locations in which a player would reasonably expect privacy.
A parent or legal guardian who does not agree to the required media permission should not register the player for an Apex Super League trial or accept a place in Apex Super League.
A parent or legal guardian may contact Apex Football Group regarding the future use of their child's image or recording.
Where required by applicable law or where Apex Football Group agrees to a withdrawal of media permission, Apex Football Group will take reasonable steps concerning future use and content under its control.
Because media participation is an operational condition of Apex Super League, withdrawal of the required permission may mean that the player is unable to continue participating in future Apex Super League activities.
The detailed rules concerning photography, videography, recording, storage, publication and use of media are contained in the Media & Recording Policy, which forms part of the registration framework.
34. Player profiles and statistics
Apex Super League may maintain football-related information concerning players, including:
- club and team allocation;
- appearances;
- goals;
- assists;
- Player of the Match recognition;
- fixtures;
- results;
- disciplinary information where applicable; and
- other relevant football or player-development information.
Information may be made available through the Apex Super League website, Parent Portal or another approved competition system in accordance with the Privacy Policy and Media & Recording Policy.
Apex Football Group may correct player or competition statistics where an error is identified.
35. Parent Portal and digital services
Where Apex Football Group provides access to a Parent Portal or another digital service, account credentials must be kept secure.
Users must not:
- knowingly provide unauthorised access to another person;
- attempt to access another family's private account or information;
- interfere with the operation or security of the service;
- improperly extract protected information; or
- misuse information obtained through the service.
Apex Football Group may temporarily restrict access where reasonably necessary to protect system security or investigate suspected misuse.
Digital services may occasionally be unavailable because of maintenance, technical issues or circumstances affecting third-party providers.
Your information and communications
36. Privacy
Personal information is handled in accordance with the Privacy Policy.
Parents and legal guardians are responsible for ensuring information supplied to Apex Football Group remains accurate and current.
The Privacy Policy should be read together with the Media & Recording Policy where photographs, video or other identifiable player information is involved.
37. Communications
Important information concerning a player's registration and participation may be communicated using the contact information supplied to Apex Football Group.
This may include information concerning:
- trial bookings;
- player assessments;
- offers;
- the 72-hour acceptance deadline;
- payment options;
- deposits;
- payment schedules;
- player selection;
- the player draft;
- club allocation;
- training;
- fixtures;
- venue changes;
- cancellations;
- player welfare; and
- other matters reasonably necessary to administer the player's participation.
Parents and legal guardians are responsible for maintaining accurate contact information and reviewing important communications relating to their child.
Operational communications required to administer a player's registration are separate from optional direct-marketing communications.
38. Coaching, assessment and player development
Apex Football Group may provide coaching feedback, written reviews, player assessments or development recommendations.
These represent the sporting judgement of the relevant coach or Apex Football Group at the time they are provided.
Participation in Apex Super League does not guarantee:
- selection by another football club;
- academy selection;
- representative selection;
- a scholarship;
- professional or semi-professional opportunities;
- improvement to a particular performance level; or
- any particular football career outcome.
Player development varies between individuals and depends on numerous factors outside the control of Apex Football Group.
Legal
39. Third-party providers
Apex Football Group may use third-party providers in delivering Apex Super League, including:
- venue operators;
- payment processors;
- technology providers;
- photographers and videographers;
- marketing and media providers;
- match officials;
- contractors;
- communications providers; and
- other service providers.
Participants must comply with reasonable venue rules applying to the facilities used for Apex Super League activities.
Third-party technology or payment services may also be subject to the relevant provider's terms and privacy practices.
40. Circumstances outside reasonable control
Apex Football Group will not be treated as having failed to provide a service merely because performance is temporarily prevented, delayed or materially affected by circumstances outside its reasonable control.
These circumstances may include:
- severe weather;
- natural disasters;
- government restrictions;
- public-health emergencies;
- venue closures;
- infrastructure failure;
- lighting or utility failure;
- emergency directions; or
- comparable events outside the reasonable control of Apex Football Group.
Where such circumstances materially affect Apex Super League, Apex Football Group will consider reasonable alternatives having regard to the circumstances, duration of the disruption and applicable legal rights.
41. Australian Consumer Law
These Terms & Conditions operate subject to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other rights that cannot lawfully be excluded.
Nothing in these Terms & Conditions, the Payment Plan Terms or the Trial, Cancellation & Refund Terms is intended to exclude, restrict or modify a consumer guarantee, statutory right or remedy where doing so would be unlawful.
42. Fair application of these Terms & Conditions
Apex Football Group intends these Terms & Conditions to protect the legitimate operation of a fixed-program youth football competition without removing rights provided to consumers by law.
Nothing in these Terms & Conditions authorises Apex Football Group to rely upon a contractual term where doing so would be unlawful or unenforceable.
43. Changes to these Terms & Conditions
Apex Football Group may update these Terms & Conditions from time to time to reflect changes in law, technology, Apex Super League operations or services.
The version applicable to a player's registration will ordinarily be the version accepted when the relevant agreement was entered into.
Apex Football Group will not retrospectively remove or materially reduce an existing participant's contractual rights merely by publishing amended Terms & Conditions on the website.
Where a material change affecting an existing registration is proposed, Apex Football Group will communicate the change where reasonably required.
44. Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, it will be read down to the extent legally possible.
If it cannot be read down, that provision may be severed without affecting the validity of the remaining provisions.
45. No waiver
If Apex Football Group does not immediately exercise or enforce a right under these Terms & Conditions, this does not by itself mean that the right has been waived.
46. Agreement and incorporated policies
These Terms & Conditions operate together with information presented during the applicable trial registration, offer and acceptance processes.
The following policies also form part of the Apex Super League registration framework where applicable:
- Trial, Cancellation & Refund Terms;
- Payment Plan Terms;
- Privacy Policy;
- Media & Recording Policy;
- Player Safety & Safeguarding Policy; and
- Apex Super League Code of Conduct.
The Total Program Fee, selected payment option, deposit amount and payment schedule shown to the parent or legal guardian during the offer process form part of the player's registration agreement once the offered place has been accepted.
Where an offer or registration page contains a term or inclusion applying specifically to the relevant Apex Super League program, that information also forms part of the agreement to the extent permitted by law.
47. Acceptance at trial registration
By submitting an Apex Super League trial registration, the parent or legal guardian confirms that they have been given access to and agree to the Terms & Conditions applicable to trial participation.
This includes acknowledgement of:
- the trial and assessment process;
- the Participant Risk Warning;
- the Player Safety & Safeguarding requirements;
- the Code of Conduct requirements; and
- the mandatory photography and videography requirements and Media & Recording Policy.
Trial registration does not constitute acceptance of the Total Program Fee or a place in Apex Super League.
Those obligations arise only through the separate post-trial offer and acceptance process described in these Terms & Conditions.
48. Acceptance of an Apex Super League place
By accepting an offered place, selecting a payment option and paying the applicable deposit, the parent or legal guardian:
- accepts the player's place in Apex Super League;
- enters into the fixed-program registration;
- accepts responsibility for the Total Program Fee;
- agrees to the selected payment arrangement;
- reconfirms the media permission required for Apex Super League participation;
- agrees to the policies incorporated into the registration; and
- confirms their intention for the player to participate subject to these Terms & Conditions.
49. Governing law
These Terms & Conditions are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.
Any dispute is subject to the jurisdiction of courts and tribunals having jurisdiction in Western Australia, subject to any statutory right requiring otherwise.
50. Contact
Questions regarding these Terms & Conditions may be directed to:
- Apex Football Group
- ABN 34 672 323 867
- Email: info@apexsuperleague.com.au