Terms and Conditions

Important Notice:

Please read the Session Rules; and Terms and Conditions carefully before you sign the enrolment form on page 3.

ShadowBall Academy Session Rules for Parents and Carers

• Thank you very much for your interest in ShadowBall Academy– we will do our utmost to ensure your child has a great time!! To help us make sure that every session is as enjoyable and as safe as possible please take a few moments to familiarize yourself with our Sessions rules set out below – thank you!
• For health and safety purposes please ensure your child is not running around the venue prior to your session start time. We do not provide balls or other equipment for children to play with before or in between sessions.
• Please remember that you are the responsible adult for your child when he/she is attending a ShadowBall Academy session.
• Please help us start and finish sessions on time by arriving and registering promptly for your session. Please remember to sign-out on the register if you have to leave the session early for any reason, for emergency evacuation purposes.
• Third parties, their equipment and toys are not allowed on the training area.
• Please assist us to ensure that the session runs smoothly by firmly requiring your child to sit with you on the sidelines for a full 3 minute ‘time-out and calm down’ as may be requested by the coach or assistant coach at any time during the session.
• Parents/Carers should provide drinks but no food must be eaten on the training area to avoid the hazard of choking
• To protect all children attending our sessions and to comply with government Child Protection guidelines, the use of photographic/film or video equipment is strictly prohibited at all times, unless by a ShadowBall Academy accredited photographer who is police screened and has all necessary parent/carer and the written consent of ShadowBall Academy
• Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting your child and others.
• We encourage the application of sun screen and the wearing of hats for outdoor activities for parents, carers and players
• Although general advice will be offered, no requests for transfers, moving up age groups or changing venues or sessions can be confirmed on the spot. Please call 0845007840 or email info@shadowball.co.za to discuss the matter with our management team – thank you

Disclaimer for enrollment and re-enrolment forms

1. Important Notice:
   • Please read all of these terms and conditions carefully, It is very important that you understand what you are signing:
   • By signing this document, you indicate that you acknowledge, understand and agree to be bound by its terms.
   • These terms and conditions and any special terms agreed in writing by The Great Sporting Goods Company and the Parent will be the basis upon which ShadowBall Academy will do business with you. Despite that, all clauses are important and if there are any that you do not understand, please ask ShadowBall Academy for assistance.

2. Please note that there are clauses that:
   • require the customer to assume risk and/or limit their rights and/or the liability of the Company (clauses 4, 5, 6, 7, 8 and 10);
   • require the customer to indemnify The Great Sporting Goods Company (clause 9);
   • require the customer to acknowledge certain facts (clause 5); and
   • subject the player to unusual risk (clause 7)

3. Definitions:
   • “Carer” means the person / persons who attend the course, with the player;
   • “Course” means the ShadowBall Academy Rugby Skills Development Program described overleaf;
   • “Coach” means the individual(s), employed by ShadowBall Academy to teach the Course;
   • Whilst every effort will be taken to maintain the consistency of the Coaches during the Course,
   • ShadowBall Academy retains the right to change the coaching staff where necessary;
   • “Enrolment Form” means the form relating to the enrolment or reenrollment of the player on the;
   • Course “Fee” means the fees prescribed under the current schedule of pricing:
   • ;“ Company” means the ShadowBall Academy PTY) LTD, a company registered in South Africa with whom you have entered into this agreement
   • “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract and the party signing this Page
   • “Host School” means the premises where the ShadowBall Academy class takes place;
   • “Player” means the child, details of whom are set out in the Enrolment Form; and
   • “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by ShadowBall Academy and the Parent.

4. Acceptance of Terms and Conditions
   • All agreements relating to the teaching of the Course by ShadowBall Academy to the Player are subject to these Terms to the exclusion of all other terms and conditions.
   • No variation or addition to the Terms shall be binding unless agreed in writing by ShadowBall Academy and the Parent.

5. Fee and Payment
   • The Parent shall pay the whole Fee to ShadowBall Academy prior to the Player commencing the Course.
   • Fees can be paid by making an eft deposit to the following bank account:

The Great Sporting Goods Company,

FNB 250655

Cheque Account 62883148621

• Fees are payable in blocks of 1 term and are due in advance
• Our fees are subject to change from time to time and can be seen on the pricing guide attached

6. Cancellation
   • Either the Parent or ShadowBall Academy may cancel this Agreement by giving reasonable notice at any time before the Player commences the Course for any reason whatsoever.
   • In the event that ShadowBall Academy cancels, it shall refund any amount paid by the Parent. Save as contemplated in the Consumer Protection Act, ShadowBall Academy shall not be liable for any cost, expense, loss or damage arising from its cancellation in terms of this clause. (The effect of this clause is that if ShadowBall Academy cancels before the commencement of the course, it will repay any amounts paid to it but not be obliged to pay or make good any other amount and the Parent is precluded from claiming any other amount from ShadowBall Academy.
   • If the parent cancels this Agreement, ShadowBall Academy reserves the right to charge a reasonable cancellation penalty.

7. Information provided by the Parent
   • The Parent warrants and represents that the information set out in the Enrolment Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify ShadowBall Academy of any change in such information immediately. (The effect of this clause is that the Parent specifically states that the information is correct and will be treated as if it is correct. If at any stage the information is incorrect and the Parent has not notified ShadowBall Academy of any change, it will be treated as if it has breached this Agreement).

8. • It is a material term of this Agreement that at all times the Player(s), the Parent(s) and/or the Carer(s) conduct at the Course and/or on the Premises do not disrupt the provision of the services to any other Parents, Players, and/or Carers and that the Player, Parent and/or the Carer comply with any reasonable rules or requirements set by ShadowBall Academy.
   • Should the Player, Parent and/or Carer fail to comply with this clause, it will be considered a material breach of this Agreement which will entitle ShadowBall Academy to cancel this Agreement on reasonable notice.
   • Given the nature of the breach and the potential disruption of the Course, ShadowBall Academy will be entitled to suspend the Player, Parent and/or the Carer from attending the Course during any notice period. (The effect of this clause is that should the Player, Parent and/or Carer fail to adhere to the standards determined or requirements of ShadowBall Academy from time to time, ShadowBall Academy is entitled to cancel this Agreement. Because of the nature of the services it provides and its obligation to the remaining Players, Parents and/or Carers at the Course, it is fair in the circumstances that ShadowBall Academy suspends and/or excludes the Player, Parent and/or the Carer from attending the course.)

9. Medical Treatment
   • The Parent and the Player confirm that ShadowBall Academy is entitled but not obliged to take steps that in its discretion deems necessary to ensure the Player’s immediate medical treatment and/or stabilization by hospital, medical facility or doctor or any other medical attendant should the need arise.
   • It is specifically drawn to the Parent and Player’s attention that this clause may result in the Player being exposed to risk of an unusual nature or that could cause injury or death as a result of or in connection with the treatment the Player receives

10. Limitation of Liability
    • Save as may be required by section 61 of the Consumer Protection Act, 2008 (if that section is applicable and subject to any exceptions contemplated in that section), the Parent and the Player agree that ShadowBall Academy is not liable for any cost, expense, liability, claim, loss, damage suffered or caused to the Parent, the Carer or the Player or any third party that may arise as a direct or indirect result or consequence of this Agreement or the Player and/or Carer attending the Course at the Premises or any medical treatment contemplated in clause 9
    • This clause includes but is not limited to any injury, theft or loss of property, damage to property, loss of profit or income or any other harm caused or suffered by the Parent, the Carer, the Player or any other participant in the Course or third party even if ShadowBall Academy may have been negligent but not where they have been grossly negligent. (The effect of this clause is that the Parent, the minor and any third party is prevented from making claims against ShadowBall Academy and ShadowBall Academy will not be responsible for, have to cover the costs of or make good any current or future harm mentioned above, even where that harm may have been caused by ShadowBall Academy negligence but not its gross negligence, unless the harm arises out of a defective good within the ambit of section 61 of the Consumer Protection Act, if applicable.)
    • Despite and without limiting the above clause, if ShadowBall Academy agrees that it is liable for any harm not excluded by this clause or within the ambit of section 61, its liability is limited to the fees payable for the Course.

11. Indemnity
    • The Parent and the Player indemnify ShadowBall Academy against any cost, expense, liability, claims, loss or damage suffered by them or any other party contemplated in clause 10.
    • For the avoidance of doubt, the indemnity in this clause does not only apply to harm suffered by or caused to the Player, the Parent and/or the Carer but includes any third party that may have suffered harm and as a result has a claim against ShadowBall Academy or ShadowBall Academy incurs or suffers any cost, expense, liability or damage. (The effect of this clause is that neither the Parent nor the Player will have a claim against ShadowBall Academy for any cost, expense, liability, claims, losses or damages described in clause 8 and ShadowBall Academy will not be required to pay for or make good any harm to the Player and/or the Parent, the Carer or any third party). 

• These parties will be precluded from making any such claims against ShadowBall Academy and in addition,ShadowBall Academy may have a claim against the Parent and/or the Player or may require the Parent and/or caretaker
• the Player to make good or pay for any costs, expenses, liability, claims or losses contemplated in clauses 8 and 9).

12. Exclusion of Liability
    • Other than the warranties required by the Consumer Protection Act, 2008, all other warranties, representations implied by Statute are excluded. (The effect of this clause is that the services will only comply with the warranties set out in the Consumer Protection Act and the Parent, Player and/or Carer cannot require that the Course or the services provided by ShadowBall Academy to conform to any other standards, criteria or characteristics).
    • ShadowBall Academy can from time to time and at its sole discretion take out insurance covering attendees of the course, but it is not obliged to do so. Parents and Carers should not presume that anyone is covered by any insurance policy.

13. Data publishing and sharing
    • Part of the ShadowBall Academy system is to test and retest players from time to time to measure improvement
    • Embedded in our program is the need to gather data and the creation of ranking systems and competitions
    • Players will in due course receive a certificate of improvement and receive their results
    • Results will normally be placed on to our public website where players who do well will be rewarded with rankings should they perform well
    • The ShadowBall Academy will also be sharing data with the host schools to allow them to pick the best rugby players for the school team
    • The ShadowBall Academy may from time to time present data to sporting bodies to allow them to select talent
    • Parents should be aware of this and make special arrangements with the ShadowBall Academy should they not want their child’s data to be shared
    • By signing this document, the parent allows the ShadowBall Academy to share data in this manner
    • Our data sharing policy and strict adherence to the protection of personal information act is published in the footer of our website shadowball.co.za

14. General
    • The failure by either party to enforce at any time or for any period, any one or more of the obligations arising under these Terms shall not be a waiver by either of them or of the right at any time subsequently to enforce all the obligations arising under these Terms
    • The Parent, in agreeing to the terms of this contract, consents to the data overleaf being shared with other companies in The Great Sporting Goods Company
    • These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties.
    • This entire agreement shall be governed by South African Law and shall fall under South African jurisdiction.