Trial, Cancellation & Refund Terms

Trials and the Trial Registration Fee

1. Paid Trial Registration Offers

Apex Football Group may make paid Apex Super League trial or assessment offers available through particular registration funnels, campaigns or booking pathways.

Where a player registers through one of these paid trial offers, the applicable Trial Registration Fee displayed before payment must be paid to confirm that trial registration.

The Trial Registration Fee provisions in these terms apply only where a player has registered through an applicable paid trial offer.

A player participating in a trial, assessment or selection process through another pathway is not automatically subject to a Trial Registration Fee merely because they participate in an Apex Super League assessment.

2. What the Trial Registration Fee covers

Where applicable, the Trial Registration Fee relates to the applicable trial and assessment process only.

Payment of a Trial Registration Fee does not:

• guarantee selection for Apex Super League;
• guarantee an offer of a place;
• guarantee progression through a player draft or subsequent allocation process;
• form part of the Apex Super League Total Program Fee unless expressly stated otherwise; or
• create an obligation to pay the Total Program Fee.

The Total Program Fee only becomes payable where a player is subsequently offered a place and the parent or legal guardian accepts that offer in accordance with the Terms & Conditions.

3. Trial Registration Fee refunds

Where a Trial Registration Fee applies, it is generally non-refundable where a player:

• changes their mind;
• decides not to attend;
• misses their scheduled trial;
• arrives too late to meaningfully participate;
• becomes unavailable because of another personal commitment;
• chooses another football program;
• is not selected for Apex Super League; or
• does not receive the assessment outcome they hoped for.

This is subject to any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.

The ACCC confirms that consumers are generally not entitled to a consumer-guarantee refund merely because they changed their mind, while businesses cannot use refund policies to remove statutory remedies where they do apply.

4. Trial rescheduling

If a player cannot attend a scheduled trial or assessment, the parent or legal guardian should contact Apex Football Group as soon as reasonably possible.

Apex Football Group may allow the player to attend another available trial or assessment where capacity and scheduling permit.

A replacement assessment is not guaranteed.

Where the original booking was made through a paid trial offer and Apex Football Group agrees to transfer the booking, the existing Trial Registration Fee may be applied to the replacement assessment.

Apex Football Group is not required to create an additional assessment solely because a player cannot attend the original booking.

5. Missed trials

Failure to attend a scheduled trial or assessment does not automatically entitle the player to:

• a refund;
• another trial;
• another assessment;
• an offer of a place; or
• progression through the Apex Super League selection process.

Where another assessment opportunity is reasonably available, Apex Football Group may choose to offer it.

Where no Trial Registration Fee applied to the player's assessment pathway, references in these terms to refunding or transferring a Trial Registration Fee do not apply.

6. Trial cancellation by Apex Football Group

If Apex Football Group cancels or materially disrupts a scheduled trial or assessment, Apex Football Group may:

• reschedule it;
• move the player to another available assessment;
• relocate the assessment to another reasonable venue; or
• provide another reasonable assessment arrangement.

Where a player paid a Trial Registration Fee and Apex Football Group cancels the applicable paid assessment without providing a reasonable alternative, the applicable Trial Registration Fee will be refunded.

Where no Trial Registration Fee was paid, there is no Trial Registration Fee to refund.

7. Weather and trial disruption

Trials and assessments may be affected by circumstances including:

• severe weather;
• lightning;
• extreme heat;
• unsafe playing surfaces;
• venue closures;
• lighting failure;
• facility issues; or
• directions from a venue operator or relevant authority.

Where reasonably practicable, Apex Football Group may delay, modify, relocate or reschedule an affected assessment.

A weather or venue-related change does not automatically create an entitlement to a refund where Apex Football Group can still provide the paid assessment or a reasonable alternative.

8. Assessment and selection

Participation in a trial or assessment does not guarantee selection for Apex Super League.

A player who completes an assessment but is not subsequently offered a place is not entitled to a refund merely because they were unsuccessful.

Where a Trial Registration Fee applied, that fee relates to participation in the applicable assessment process rather than purchasing an outcome or an Apex Super League place.

Assessment and selection decisions are made by Apex Football Group using reasonable sporting judgement.

9. Photography and videography at trials

Photography and videography are conditions of participation in Apex Super League trials and assessments in accordance with the Media & Recording Policy.

The required media permission is accepted during the applicable trial registration or participation process.

If a parent or legal guardian does not agree to the required media permission, the player cannot participate in an Apex Super League trial or assessment.

If required media permission is later withdrawn, any effect on participation and any associated refund request will be considered under these terms, the Media & Recording Policy and applicable law.

Withdrawal of media permission does not, by itself, automatically create an entitlement to a refund.

Offers, acceptance and the commitment

10. Offer of a place following assessment

Following the trial and assessment process, Apex Football Group may offer a player a place in Apex Super League.

Receiving an offer does not itself make the parent or legal guardian liable for the Total Program Fee.

The applicable offer or Parent Portal will show or provide access to information including:

• the Total Program Fee;
• available payment options;
• applicable deposit amounts;
• payment schedules;
• applicable program information; and
• the deadline for accepting the offer.

Unless Apex Football Group states otherwise in writing, the offer remains available for 72 hours from the time it is issued.

11. Accepting an offer

To secure an offered place, the parent or legal guardian must complete all required acceptance steps within the applicable 72-hour period.

This includes:

1. accepting the offered place;
2. completing the required registration information;
3. selecting one of the payment options made available by Apex Football Group;
4. accepting the applicable terms and policies; and
5. successfully paying the applicable deposit.

Until all required steps have been completed, the player's place is not confirmed.

12. Expired offers

If the required acceptance process and deposit are not completed within the applicable 72-hour period, Apex Football Group may treat the offer as having expired.

The proposed place may then be released and offered to another player.

No Apex Super League Total Program Fee becomes payable merely because an unaccepted offer expires.

If the parent or legal guardian later wishes to accept an expired offer, Apex Football Group may 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 deadline.

13. Deposits

Once an offered place is accepted, the applicable deposit forms part of the Total Program Fee.

The deposit is not an additional fee unless expressly stated otherwise.

The deposit:

• contributes towards the Total Program Fee;
• confirms the player's place once all other acceptance requirements have been completed; and
• forms the first payment under the payment option selected by the parent or legal guardian.

Payment of the deposit marks the commencement of the player's confirmed fixed-program registration.

14. Cancellation before accepting an offer

A parent or legal guardian may choose not to accept an offered place.

If the offer has not been accepted and the applicable deposit has not been paid, the parent or legal guardian does not become liable for the Apex Super League Total Program Fee merely because the player was offered a place.

The offer may simply expire in accordance with its stated deadline.

15. Fixed-program commitment after acceptance

Once the parent or legal guardian:

• accepts the offered place;
• selects a payment option; and
• pays the applicable deposit,

the player enters into a fixed-program registration for the applicable Apex Super League program.

The parent or legal guardian then becomes responsible for the Total Program Fee disclosed before acceptance.

The Total Program Fee represents the price of the player's place in the program as a whole.

It is not calculated according to the number of individual training sessions, matches or other activities ultimately attended.

16. Instalments do not create a pay-as-you-go arrangement

Where the parent or legal guardian selects an instalment plan, the instalments are a method of paying the Total Program Fee over time.

An instalment plan does not make Apex Super League:

• a weekly membership;
• a monthly subscription;
• a casual program;
• a pay-per-training-session arrangement; or
• a pay-per-match arrangement.

Stopping attendance does not automatically stop the agreed payment schedule.

Withdrawal, cancellation and refunds

17. Voluntary withdrawal after accepting a place

Once a player's place has been accepted and confirmed, voluntary withdrawal does not, by itself, cancel the parent or legal guardian's obligation to pay the Total Program Fee.

Unless an adjustment applies under these terms or applicable law, any unpaid portion of the Total Program Fee remains payable in accordance with the selected payment arrangement.

Examples of voluntary withdrawal include:

• change of mind;
• loss of interest;
• the player deciding they no longer wish to continue;
• joining another football club or program;
• choosing another sport;
• conflicting sporting commitments;
• school commitments;
• extracurricular commitments;
• holidays or travel;
• transport difficulties;
• changes in personal schedules;
• dissatisfaction with ordinary coaching decisions;
• dissatisfaction with team or club allocation;
• dissatisfaction with playing position;
• dissatisfaction with playing time where equal playing time has not been guaranteed;
• dissatisfaction with results; or
• simply ceasing attendance.

A player's non-attendance does not convert the fixed-program registration into a pay-as-you-go arrangement.

18. Formal withdrawal

A parent or legal guardian wishing to withdraw a player after their place has been confirmed should notify Apex Football Group in writing.

Simply ceasing attendance does not constitute cancellation of the financial agreement.

Submitting a withdrawal request also does not, by itself, mean that outstanding payments are cancelled.

Any request for a refund, credit or adjustment will be assessed in accordance with these terms and applicable law.

19. Deposit following voluntary withdrawal

A parent or legal guardian is not automatically entitled to a refund of the deposit merely because they voluntarily withdraw the player after accepting the offered place.

The deposit forms part of the Total Program Fee and is not a separate refundable security deposit.

Any refund entitlement will depend on the circumstances, these terms and applicable law.

20. Remaining instalments following voluntary withdrawal

Where an instalment payment option has been selected and the player voluntarily withdraws after their place has been confirmed, the remaining scheduled instalments ordinarily continue to be payable.

This is because the instalments represent payment of the agreed Total Program Fee rather than payment for individual activities as they occur.

This does not prevent an adjustment where:

• these terms expressly provide for one;
• Apex Football Group agrees to an adjustment having regard to exceptional circumstances; or
• a refund, cancellation or other remedy is required by law.

Because standard-form consumer contracts are subject to Australia's unfair-contract-term regime, cancellation terms need to be transparent and reasonably necessary to protect a legitimate business interest rather than simply punitive.

21. Change of mind

A change of mind does not ordinarily create an entitlement to a refund.

Where a Trial Registration Fee applied, this includes a player simply deciding not to attend the relevant assessment.

For a confirmed Apex Super League registration, it also includes a later decision that the player no longer wishes to participate.

This does not affect any rights or remedies available under Australian Consumer Law.

22. Injury, illness or medical circumstances

An injury, illness or medical circumstance does not automatically cancel the Total Program Fee.

Where a significant medical circumstance prevents a player from continuing to participate for a substantial period, the parent or legal guardian may request that Apex Football Group review the circumstances.

Apex Football Group may request reasonable supporting information where necessary to assess the request.

Depending on the circumstances, Apex Football Group may consider an appropriate:

• program credit;
• transfer;
• payment adjustment;
• partial refund; or
• other reasonable arrangement.

Relevant considerations may include:

• the nature and expected duration of the medical circumstance;
• the portion of the program already provided;
• the remaining portion of the program;
• costs already reasonably incurred or committed;
• whether an alternative arrangement is reasonably available; and
• applicable law.

Nothing in this section limits rights that may arise where an injury or other issue results from a failure by Apex Football Group to comply with an applicable legal obligation.

23. Holidays and temporary absences

Temporary absence does not cancel a confirmed registration.

Refunds or fee reductions are not ordinarily provided for activities missed because of:

• holidays;
• travel;
• school activities;
• family commitments;
• transport issues;
• other sports;
• social events; or
• other personal scheduling circumstances.

The Total Program Fee remains the price of the player's place in the program as a whole.

24. Club, team and position allocation

A refund is not ordinarily available merely because a parent or player:

• prefers another Apex Super League club;
• wishes to play with particular teammates;
• prefers another coach;
• prefers another training day;
• wants another playing position;
• disagrees with reasonable sporting decisions; or
• is dissatisfied with ordinary team-allocation decisions.

Player allocation is governed by the Terms & Conditions and the reasonable sporting requirements of Apex Super League.

25. Playing time

A refund is not ordinarily available merely because a player receives less playing time in a particular match than the parent or player expected, where Apex Football Group continues to provide the program substantially in accordance with the applicable registration agreement.

Playing time may vary for legitimate sporting, developmental, attendance, behavioural and safety reasons.

26. Schedule or venue changes

Reasonable changes to:

• training times;
• match times;
• playing fields;
• venues;
• fixtures;
• competition schedules; or
• similar operational arrangements

do not automatically entitle a participant to cancel without financial consequence or receive a refund.

Where a change materially alters the contracted service, Apex Football Group will consider an appropriate response having regard to the circumstances and applicable Australian Consumer Law rights.

The ACCC notes that where a business materially changes an ongoing service, consumers may be entitled to remedies; minor changes where the business is still largely providing the contracted service are treated differently.

27. Weather and cancelled activities during the program

Individual training sessions, matches or other activities may occasionally be delayed, shortened, relocated, postponed or cancelled because of weather, safety, venue availability or circumstances outside the reasonable control of Apex Football Group.

Where reasonably practicable, Apex Football Group may:

• reschedule the activity;
• move it to another reasonable venue;
• modify the activity; or
• provide another reasonable alternative.

An individual cancelled or modified activity does not automatically create a session-by-session refund entitlement.

Where a substantial part of the contracted service cannot be provided, Apex Football Group will provide any remedy required by applicable law.

28. Material cancellation by Apex Football Group

If Apex Football Group permanently cancels an Apex Super League program or is unable to provide a substantial unused portion of the contracted program, affected families will be notified.

Depending on the circumstances, Apex Football Group may provide an appropriate:

• refund relating to the affected unused portion;
• credit;
• replacement program;
• alternative service; or
• other remedy.

Any remedy will be provided having regard to the services already delivered and applicable Australian Consumer Law requirements.

Australian Consumer Law provides cancellation and unused-portion refund rights in certain circumstances involving major failures with services.

29. Removal for conduct

A player may be suspended or removed from Apex Super League for serious or repeated breaches of:

• the Terms & Conditions;
• Apex Super League Code of Conduct;
• Player Safety & Safeguarding Policy; or
• other applicable participation requirements.

Removal for misconduct does not automatically create an entitlement to a full refund.

Any remaining payment obligation, refund or credit will be assessed having regard to:

• the circumstances resulting in removal;
• services already provided;
• the remaining program;
• costs reasonably incurred or committed;
• the seriousness of the conduct; and
• applicable law.

30. Required media permission

Photography and videography permission is a condition of participation in Apex Super League trials, assessments and Apex Super League itself, as described in the Media & Recording Policy.

If required media permission is withdrawn after a player has accepted a place, Apex Football Group may be unable to continue the player's participation.

Any resulting withdrawal, cancellation, refund or remaining payment obligation will be dealt with under these terms, the Media & Recording Policy and applicable law.

Withdrawal of required media permission does not, by itself, automatically extinguish amounts otherwise payable under a confirmed fixed-program registration.

31. Transfers to another player

Apex Super League registrations are personal to the registered player.

A confirmed place may not be sold, assigned or transferred to another player without prior approval from Apex Football Group.

Apex Football Group may approve or decline a proposed transfer having regard to matters including:

• age-group eligibility;
• player assessment;
• team requirements;
• competition balance;
• player safety; and
• program capacity.

How refunds and credits are handled

32. Credits

Where Apex Football Group provides a credit, the applicable conditions and expiry date will be communicated when the credit is issued.

Unless expressly agreed otherwise, a credit:

• is not cash;
• is not transferable to another person without approval from Apex Football Group; and
• must be used in accordance with the conditions communicated when issued.

Nothing in this section permits a credit to be substituted for a monetary refund where a refund is required by law.

33. Refund calculations

Where a refund is payable, the amount will depend on the circumstances giving rise to the refund.

Relevant considerations may include:

• amounts already paid;
• services already provided;
• the unused portion of the service;
• goods already supplied;
• personalised items already produced;
• costs reasonably incurred or committed;
• amounts that remain payable; and
• any remedy required by law.

Apex Football Group will not apply this section in a way that removes a consumer right that cannot lawfully be excluded.

34. Uniforms and personalised items

Where uniforms, kits or other goods have already been supplied, their treatment will depend on the circumstances giving rise to the cancellation or refund.

Personalised, printed or specifically ordered items may not be refundable solely because of a change of mind, subject to applicable consumer rights.

This does not affect rights concerning goods that are faulty, incorrectly supplied or otherwise fail to comply with applicable consumer guarantees.

35. Refund method

Where a monetary refund is approved or legally required, Apex Football Group will ordinarily return the amount using the original payment method where reasonably possible.

Apex Football Group may request reasonable information to identify the transaction and process the refund securely.

Your rights, and how to ask

36. Australian Consumer Law

These terms operate subject to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Nothing in these Trial, Cancellation & Refund Terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy where doing so would be unlawful.

Consumers may have rights to cancel a service contract and receive a refund for the unused portion where a service has a major failure, and businesses cannot rely on “no refunds” wording to remove those statutory rights.

37. No blanket exclusion of statutory refunds

References in these terms to a fee being “generally non-refundable” or amounts remaining payable following voluntary withdrawal apply only to the extent permitted by law.

They do not mean that Apex Football Group will refuse a refund, cancellation or other remedy where one is required under Australian Consumer Law.

38. Requesting a cancellation, refund or review

Requests relating to:

• a paid trial registration;
• trial cancellation;
• player withdrawal;
• refunds;
• credits;
• medical circumstances;
• payment adjustments; or
• other exceptional circumstances

should be submitted to Apex Football Group in writing.

The request should include:

• the player's full name;
• the applicable program or age group;
• the reason for the request; and
• any relevant supporting information.

Apex Football Group may request further reasonable information where necessary to assess the request.

39. Contact

Questions or requests under these Trial, Cancellation & Refund Terms may be directed to:

• Apex Football Group
• ABN 34 672 323 867
• Email: info@apexsuperleague.com.au