Terms

Diving Australia

THIS IS AN IMPORTANT DOCUMENT AFFECTING YOUR RIGHTS

YOU SHOULD READ IT VERY CAREFULLY AND PROCEED ONLY AFTER YOU ARE SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS

DIVING AUSTRALIA MEMBERSHIP DECLARATION

In consideration of my application for membership of Diving Australia and my Member State being accepted I acknowledge and agree that:

1.  In this membership declaration:

"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a Diving Organisation under any right expressly conferred by its constitution or regulation. 

"Diving Activities" means performing or participating in any capacity in any authorised or recognised Diving Organisation activity. 

"Diving Australia" means Diving Australia Limited.

"Diving Organisation” means and includes Diving Australia, the Member States and the State Affiliates and where the context so permits, their respective directors, officers, members, servants or agents.

Member State” has the same meaning as in the Diving Australia constitution and where the context so permits, the Member State in which you apply to become a member.

State Affiliate” has the same meaning as in the Diving Australia constitution.

2.  If my application for membership is accepted I will be a member of Diving Australia and a Member State.  I acknowledge my membership will be deemed to be accepted upon my participation in Diving Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, regulations and policies of the Diving Organisations of which I become a member. 

3.  Warning: Diving Activities can be inherently dangerous.  I acknowledge that I am exposed to certain risks during Diving Activities including but not limited to slipping, contact with the diving board, water quality and contact, being physically or mentally injured, impaired, maimed or killed and my property may be damaged, lost or destroyed.  I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.  I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Diving Activities.

4.  Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.  I acknowledge that these implied terms and rights and any liability of the Diving Organisations (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this membership declaration.  To the extent of any liability arising, the liability of the Diving Organisation will, at the discretion of the relevant Diving Organisation, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.

Warning applicable in relation to Diving Activities undertaken or held or taking place in Victoria or in relation to membership declarations executed in Victoria:

WARNING UNDER THE FAIR TRADING ACT 1999: Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services.  These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are -

  • rendered with due care and skill; and
  • as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
  • reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part.  “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

5.  Release and Indemnity: In consideration of Diving Australia accepting my application for membership I, to the extent permitted by law:

  • release and will release the Diving Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any Diving Activities; and
  • indemnify and will keep indemnified the Diving Organisations in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Diving Activities.

6.  Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Diving Activities.  I will immediately notify Diving Australia in writing through my Member State of any change to my medical condition, fitness or ability to participate.  I understand and accept that the Diving Organisations will continue to rely upon this declaration as evidence of my fitness and ability to participate.

7.  Medical Treatment: I consent to receiving any medical treatment that a Diving Organisation reasonably considers necessary or desirable for me during my participation in Diving Activities.  I also agree to reimburse the relevant Diving Organisation for any costs or expenses incurred in providing me with medical treatment. 

8.  Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any Diving Activities.  I acknowledge and agree that such photographs and electronic images are owned by Diving Australia or my Member State and that the Diving Organisations may use the photographs for promotional or other purposes without my further consent being necessary.  Further, I consent to the Diving Organisations using my name, image, likeness and also my performance in the Diving Activities, at any time, by any form of media, to promote the Diving Activities.

9. Privacy: I understand that the information I have provided is necessary for the objects of the Diving Organisations.  I acknowledge and agree that the information will be disclosed by Diving Australia to my Member State (or vice versa) and will only be used for the objects of the Diving Organisations, Diving Organisation general business and to provide me with membership services.  I understand that I will be able to access the information through Diving Australia or my Member State.  If the information is not provided my membership application may be rejected.

I acknowledge that the Diving Organisations may also use my personal information for the purposes of providing me with promotional material from Diving Organisation sponsors or third parties.  I may advise my Member State if I do not wish to receive from the Diving Organisations, any sponsor or third party promotional material.

10.  Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable.  If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability.  Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.

11. Insurance Cover: I acknowledge that the sport has some limited group personal accident and liability insurance policies in place and that further details of the cover can be viewed on the Diving Australia website. I acknowledge that I have been advised to consider my own circumstances and to take out my own insurances - such as private health insurance, life insurance, income protection insurance, property insurance etc. I acknowledge that if I make a claim under a Diving Australia policy that I am responsible for paying any applicable policy excess.

12.  I warrant that all information provided is true and correct.


Diving Queensland

THIS IS AN IMPORTANT DOCUMENT AFFECTING YOUR RIGHTS

YOU SHOULD READ IT VERY CAREFULLY AND PROCEED ONLY AFTER YOU ARE SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS

DIVING AUSTRALIA MEMBERSHIP DECLARATION

In consideration of my application for membership of Diving Australia and my Member State being accepted I acknowledge and agree that:

1.  In this membership declaration:

"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a Diving Organisation under any right expressly conferred by its constitution or regulation. 

"Diving Activities" means performing or participating in any capacity in any authorised or recognised Diving Organisation activity. 

"Diving Australia" means Diving Australia Incorporated.

"Diving Organisation” means and includes Diving Australia, the Member States and the State Affiliates and where the context so permits, their respective directors, officers, members, servants or agents.

Member State” has the same meaning as in the Diving Australia constitution and where the context so permits, the Member State in which you apply to become a member.

State Affiliate” has the same meaning as in the Diving Australia constitution.

2.  If my application for membership is accepted I will be a member of Diving Australia and a Member State.  I acknowledge my membership will be deemed to be accepted upon my participation in Diving Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, regulations and policies of the Diving Organisations of which I become a member. 

3.  Warning: Diving Activities can be inherently dangerous.  I acknowledge that I am exposed to certain risks during Diving Activities including but not limited to slipping, contact with the diving board, water quality and contact, being physically or mentally injured, impaired, maimed or killed and my property may be damaged, lost or destroyed.  I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.  I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Diving Activities.

4.  Exclusion of Implied TermsI acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.  I acknowledge that these implied terms and rights and any liability of the Diving Organisations (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this membership declaration.  To the extent of any liability arising, the liability of the Diving Organisation will, at the discretion of the relevant Diving Organisation, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.

Warning applicable in relation to Diving Activities undertaken or held or taking place in Victoria or in relation to membership declarations executed in Victoria:

WARNING UNDER THE FAIR TRADING ACT 1999: Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services.  These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are -

  • rendered with due care and skill; and
  • as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
  • reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part.  “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

5.  Release and Indemnity: In consideration of Diving Australia accepting my application for membership I, to the extent permitted by law:

  • release and will release the Diving Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any Diving Activities; and
  • indemnify and will keep indemnified the Diving Organisations in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Diving Activities.

6.  Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Diving Activities.  I will immediately notify Diving Australia in writing through my Member State of any change to my medical condition, fitness or ability to participate.  I understand and accept that the Diving Organisations will continue to rely upon this declaration as evidence of my fitness and ability to participate.

7.  Medical Treatment: I consent to receiving any medical treatment that a Diving Organisation reasonably considers necessary or desirable for me during my participation in Diving Activities.  I also agree to reimburse the relevant Diving Organisation for any costs or expenses incurred in providing me with medical treatment. 

8.  Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any Diving Activities.  I acknowledge and agree that such photographs and electronic images are owned by Diving Australia or my Member State and that the Diving Organisations may use the photographs for promotional or other purposes without my further consent being necessary.  Further, I consent to the Diving Organisations using my name, image, likeness and also my performance in the Diving Activities, at any time, by any form of media, to promote the Diving Activities.

9. Privacy: I understand that the information I have provided is necessary for the objects of the Diving Organisations.  I acknowledge and agree that the information will be disclosed by Diving Australia to my Member State (or vice versa) and will only be used for the objects of the Diving Organisations, Diving Organisation general business and to provide me with membership services.  I understand that I will be able to access the information through Diving Australia or my Member State.  If the information is not provided my membership application may be rejected.

I acknowledge that the Diving Organisations may also use my personal information for the purposes of providing me with promotional material from Diving Organisation sponsors or third parties.  I may advise my Member State if I do not wish to receive from the Diving Organisations, any sponsor or third party promotional material.

10.  Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable.  If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability.  Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.

11. Insurance Cover: I acknowledge that the sport has some limited group personal accident and liability insurance policies in place and that further details of the cover can be viewed on the Diving Australia website. I acknowledge that I have been advised to consider my own circumstances and to take out my own insurances - such as private health insurance, life insurance, income protection insurance, property insurance etc. I acknowledge that if I make a claim under a Diving Australia policy that I am responsible for paying any applicable policy excess.

12.  I warrant that all information provided is true and correct.


Sunshine Coast Springboard and Platform Diving Club

By registering for any Sunshine Coast Diving Club membership, activity, education course or volunteer program you are agreeing to our terms and conditions. Please ensure you carefully read our terms and conditions below. Further information on our governance, welfare and operations policies can be requested via email - sunshinecoastdivingclub@gmail.com

General information:

Sunshine Coast Diving Club (SCDC) (registered as Sunshine Coast Springboard & Platform Diving Inc) is a volunteer lead, Diving Queensland affiliated diving club supporting diving class delivery, competition, fund raising and social activities. Please contact Sunshine Coast Diving Club for all diving class, competition, fundraising and social activities.

    • Email: sunshinecoastdivingclub@gmail.com
    • Tel: 0403839796
    • ABN: 11 582 976 720

Payments:

  • All SCDC programs are paid via a monthly invoice or subscription payable by the 1st of each month (unless otherwise stated). The firsts month pricing will be calculated prorate based on start date for all new starters. We reserve the right to refuse access to participants without full payment.
  • All subscription cancellations require two weeks written notice. Cancellations made outside of the notice period are subject to the following months’ payment.
  • Participants unable to attend a scheduled session can request make up sessions. Make up sessions are subject to availability. Unattended sessions are subject to payment. 
  • Make up sessions are available for bad weather/coach sickness cancellations (Make up sessions to be booked with the coaching team in advance at an agreed time)
  • Subscriptions can be paused for medical reasons on receipt of appropriate medical certification.
  • SCDC programs operate up to 46 weeks per year, including school holidays. Monthly subscription payments are calculated to include all program breaks. As such monthly payment rates remain the same during programmed break periods. Please see the programmed breaks listed below and as advertised on our annual calendar:
    • Summer (Christmas) closure 
    • Winter closure
    • Public holidays
    • Program closure due to state and national competitions and events (see event calendar).
  • All SCDC class payments / Subs must be up to date before participating in any class.
  • All Sunny Coast Diving Club membership payments/subs must be up to date before participating in any class.
  • All Diving Queensland Membership payments/subs must be up to date before participating in any class.

Insurance:

  • Membership to Diving Queensland (DQ) and Sunshine Coast Diving Club is compulsory for all divers for insurance purposes. 
  • All divers (plus a minimum one parent/guardian for divers under 18yrs) must provide a Diving Queensland membership number, personal contact details and emergency contacts on a diver agreement form as part of their insurance and safety requirements)
  • It is the responsibility of the diver/parent/guardian to register and maintain the relevant level of annual DQ membership. Please note: A minimum of one parent/guardian per diver must be a registered parent/general member of DQ if the diver is under 18 years old. Divers without DQ registration and/or divers under 18 years old without a parent guardian registration are not insured and will not be able to participate in any Sunshine Coast Diving Club activity. 
  • Please note: Sunshine Coast Diving Club (SCDC) share participant data with Diving Queensland. This data sharing is to aid in the management of diver insurances and governance including child welfare/protection. Data sharing includes Diving Queensland membership information, contact details, assessment information and class/squad levels. Please contact the diving manager if you would like to discuss any aspect of our data sharing.
  • SCDC reserve the right to refuse access/entry to its programmed activities at any time to any participant/parent/guardian failing to meet the insurance requirements, general conditions and and facility/program codes of conduct.

 

Class Management:

  • Divers are to meet their teacher/coach on the far side of the diving pool at the appropriate class start time.
  • All diver class entry is subject to a swim test prior to participation. Class entry is at the coaches discretion.
  • Divers are to wear appropriate swim wear (bikini style costumes and long shorts may inhibit divers movement)
  • Divers are required to remove all non essential jewellery, watches and chains and store appropriately. 
  • Participants in SCDC must show safe practice and discipline in all sessions
  • Participants must follow the Diving Queensland Athlete Code of Conduct (please see www.divingqld.org.au)
  • It is the responsibility of participants/parents/guardians to safely store their belongings during sessions. SCDC take no responsibility for loss or damage of personal items. 
  • SCS&PD member access to Kawana Aquatics Centre is limited to diving class participation during your class time only. Payment to the facility at reception is required for any general swimming/additional access. Please note: SCS&PD program insurance and lifeguarding provision does not cover any participant choosing to swim/participate in activities at the pool outside of class times. 
  • We aim to start our classes on time. Where classes run late/run over we will do our best to make this time up for participants where possible.
  • For safety reasons please do not approach/distract coaches during lessons. A designated time slot per week will be available to meet with the teaching staff on request. Please email the Head Coach with your Name/telephone number/Email address and we will contact you as soon as possible to arrange a meeting.
  • Please keep contact between parent/guardian and diver to a minimum during the lesson unless in an emergency as this can disrupt the class for all participants.
  • Please cheer, clap, encourage and support all our divers. Please leave the coaching to the coaching team.
  • Please talk to us, not about us! - We are keen to ensure we maintain clear, honest and open communication across all of our programs. We appreciate we may not always get everything right but we work hard to do our best. If there are any perceived challenges, disputes and or disagreements around any element of the diving program or club please ensure these are communicated directly to the Head Coach. Negatively misrepresenting the program/club/coaches amongst our community can be incredibly damaging for everyone and will not be tolerated. We reserve the right to remove parents/guardians/participants from the program if negative misrepresentation and undermining of the club/coaches/staff/volunteers occurs.

Medical:

  • Please report any health issues or medications you/ your child requires to the diving manager and to your teacher/coach at the beginning of your lesson.

Physical Contact:

We are required to inform you that there are aspects of our teaching, which may require a “hands on” teaching technique.

This type of physical contact between coaches and divers will only be used when in full view of others and the lessons participants. 

This type of contact will only be used for the following reasons:

  • Where it is essential to support the diver during the early stages of learning a skill for safety reasons
  • To develop the skill & technique (e.g. placing the diver in the correct position/posture)
  • To prevent an injury (e.g. pushing them away from the poolside if, during the process of the dive the coach considers them to be too close to the poolside/Diving Board)
  • To treat an injury (only relates to staff who are first aid qualified)

Please contact us on joining the SCSPD, if you would like to discuss any aspect of this teaching/coaching technique or to arrange potential alternative techniques if requested.

Photography and video:

  • Use of video, zoom, general photography and mobile phone cameras are prohibited to members of the public unless the Pool/Centre Manager prior to an event gives specific permission. We also request that NO flash photography takes places during any of the lessons or training sessions. 
  • All sections of SCSPD uses video recording and playback equipment to help analyse techniques and improve diver awareness. Video and Photography may be used by the diving development scheme for promotional and publicity purposes pending parental/guardian/diver permission. This permission is sought on the basis that the Diving Australia photography and filming policy and procedures as specified in the Diving Australia Safeguarding Policies and Procedures will be followed. Please let us know on joining the ‘Learn To Dive’/’Training Squads’, if you would like to discuss any aspect of this policy.

Affiliates