MADE ALL STARS TERMS & CONDITIONS
PARTICIPANT WAIVER & RELEASE FORM
LIABILITY RELEASE: As an individual over the age of 18 or as the parent or legal guardian of the above listed child, I freely acknowledge that I have or will voluntarily register (myself/my child) to participate in cheerleading and dance activities held by MADE ALL STARS Pty Ltd (hereinafter “MADE ALL STARSâ€), which include dance, gymnastics, stunting, jumping, and tumbling components. I acknowledge that (my/my child’s) participation in cheerleading and dance activities entails known and unanticipated risks that could result in serious and permanent physical and emotional injuries to (myself/my child), (myself/my child’s) death, damage to property, and injury to others. I understand that such risks are inherent in these activities and that even with precautions and safety measures they cannot be eliminated without jeopardizing the essential qualities of the activities. I also understand and acknowledge that injuries (I/my child) receive(s) may be compounded or increased by negligent rescue operations and as such, I understand that other than telephoning for an ambulance, no medical assistance shall be provided by a MADE ALL STARS member, its’ agents, staff, or other representatives in the event an injury occurs during an event or classes. Understanding such dangers, I hereby knowingly and voluntarily enrol (myself/ my child) in events and classes held by MADE ALL STARS. I give my permission for my child to engage in the dangerous activities described above, and I assume the risk of the activities involving my child. I understand that (I do not/my child does not) have permission to participate in cheerleading and dance activities at any event or class held by MADE ALL STARS without agreeing to the terms and conditions on this release. I understand that this Form is effective for all events and classes held by MADE ALL STARS for a 24-month period from the date of signing. (“effective periodâ€). I understand that this release and waiver of liability shall continue to be in effect during the above stated effective period until such time as I renounce it, in writing, at which time (I/my child) shall no longer be able to participate in any event or class held by MADE ALL STARS during the effective period.
MEDICAL WAIVER: I represent that (I/my child) is in good health and that no condition of (mine/my child’s) would constrain (me/my child) from safely participating in the activities described above. I understand that failure to provide information of any health condition that would constrain (me/ my child) from participating could result in serious injuries or death to (me/my child). I certify that I have adequate insurance to cover any injury or damage that (I/my child) may suffer while participating in an event or class held by MADE ALL STARS. I agree to bear the costs of any injury or damages (I/my child) may suffer while participating in any event or class held by MADE ALL STARS. I hereby authorize MADE ALL STARS to call for medical care when medical attention is needed. On behalf of (myself/my child and myself), I hereby knowingly and voluntarily release and forever discharge MADE ALL STARS if (I/my child) is injured, all MADE ALL STRAS, all their respective, employees, agents, coaches, instructors, assistants, officers, directors, owners, shareholders, subcontractors, and any other representative or affiliates and their respective heirs, successors, and assigns (collectively with MADE ALL STARS, and the “MADE ALL STARS Representativesâ€) from any and all liability arising out of or in connection with the above described activities involving (myself/my child) at any and every event and class held by MADE ALL STARS. “Liability†means any and all claims, demands, losses, causes of action, lawsuits or judgments of any and every kind that occurs during or incidental to the above-described activities, that result from any cause whether caused by the negligence or otherwise. I hereby agree to and shall indemnify, defend, save, and hold harmless MADE ALL STARS Representatives from and against any and all loss, liability, damage, or cost they may incur, including attorneys’ fees and litigation costs, arising out of or related to the above-described activities, whether cause by negligence or otherwise. I hereby agree that the assumption of risk, the release and waiver of liability, and the indemnity agreements contained herein extend to all acts of negligence and is intended to be as broad and inclusive as is permitted by the law where those laws apply to the activities, and that if any portion of this Form is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. By signing this Form or ticking the online terms and conditions, I represent that I have read these conditions thoroughly and understand it completely, including the substantial legal rights I am giving up for (myself/my child and myself). I have had the opportunity to have my own attorney review this Form and my attorney has done so or I have knowingly and voluntarily chosen not to have my attorney review this Form. I have signed this Form freely and voluntarily without inducement of any kind or guarantee being made.
APPEARANCE WAIVER: I give the MADE ALL STARS Representative the right to photograph or video tape (me/my child), or likeness of (me/my child), and to disseminate any images or recordings of (me/my child) for any reproductions associated or in any way connected with marketing, advertising, publication or marketing of any event or classes undertaken by MADE ALL STARS and the MADE ALL STARS Representatives. Specifically, I hereby forever and irrevocably grant to MADE ALL STARS and the MADE ALL STARS Representatives a license and permission to use any such photographic or video reproduction of (me/my child) in any form of advertisement for MADE ALL STARS or any of its’ member for promotional purposes. I understand that no compensation will be paid by MADE ALL STARS or a MADE ALL STARS Representative for the use of any photographic or video reproduction of (me/my child).
PRIVACY AGREEMENT: By signing this form, you agree for MADE ALL STARS to share the information you have provided to us with other parties that coincide with the running of our business. These parties include but are limited to, event providers, photographers, debt collectors and insurance providers. We will not sell or provide your personal information to any third parties that do not directly coincide with the operations of our business.
I INTEND BY MY AGREEMENT FOR THIS FORM TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ANY AND ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I UNDERSTAND AND AGREE THAT THIS FORM CANNOT BE AMENDED OR MODIFIED BY ANY ORAL STATEMENTS OR OTHER WRITINGS AND THAT IT IS BINDING ON (ME/MY CHILD AND MYSELF), AND OUR HEIRS, SUCCESSORS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS.
PAYMENT INFORMATION
Registration Fees
Registration is required for each athlete, with payment due prior to starting.
The registration pack includes a club t-shirt, AASCF Membership & Personal Accidental Insurance.
Registration is $85.00 per athlete, per year.
Training Fees
Fees are charged weekly and are to be paid upfront prior to each training session.
Payment Options
Payment options are Autopay, Direct Deposit, Credit Card, or Cash.
Direct Deposit details:
NAB – MADE All Stars | BSB: 084 004 | ACC: 389 889 206 | Ref: Athletes Name
Late Payments
Late payments will incur a $10.00 late fee unless arrangements are made prior to the due date. To avoid late fees, please contact us prior to the due date to discuss alternative options.
Non-Payment
If payments remain outstanding MADE All Stars reserves the right to stand down or remove the athlete from classes/competitions until the account is brought up to date.
If the account is not settled within 30 days a debt collector will be engaged.
Refund Policy
MADE do not offer refunds on any of the following,
- Training Fees
- Competition Fees
- Acceptance Fees
- Choreography & Music Fees
- Workshop Fees
- Uniform & Merchandise Items
We do offer a refund on registration fees should you not wish to continue after your first training session. In order to receive a refund on your registration fee you must request the cancelation of your registration via email (info@madeallstars.com.au). Refunds will only be issued if the athlete has attended no more than one training session and the written request is received within 5 days of that training session. No full or partial refunds will be offered on registration fees outside of the above.
Missed training fees are not refundable. If a class is cancelled by the gym, it will be rescheduled, or a make-up class will be offered. If this is not possible, you will receive a credit to your account.
If the gym cancels or withdraws a class, athletes will be offered a spot in another suitable class. If this is not suitable to the athlete a credit or refund will be offered for any unused training fees.
If you are removed from the gym due to breach of contract all fees paid will be forfeited and any outstanding balances must be paid within 10 days.
Absenteeism
It is important that athletes attend all training sessions. If your athlete is sick or injured, please notify us as early as possible by email.
Competition Teams: If you are absent from training due to an illness or event, you must provide written notice. Two or more missed training sessions per term, could result in you not participating in upcoming competitions. This is solely at the coach’s discretion.
COMMUNICATION POLICY & GUIDELINES
Our Gym/studio’s Commitment
Electronic communication has many positive benefits and can be essential for sharing news, travel, training or competition schedules and administrative concerns between our coaches’ administrators, participants and their families. However, with increased accessibility we must address the possibility of improprieties and misunderstandings and the accessibility of potential offenders to gain inappropriate access to minors.
Adherence to this policy helps reduce these potential risks as well as placing the utmost importance on protecting minor participants, their rights of privacy and their physical and emotional safety.
This communication policy has been created by MADE ALL STARS to establish clear boundaries and written expectations about using electronic communications. Remember, communication should always be timely, appropriate, productive and transparent.
Definitions
Adults are considered any person 18 years of age or older affiliated with MADE ALL STARS that have a role within our gym/studio that does or could interact with participants. Or any adult participants that are members of MADE ALL STARS that may train within the program or be a member of a team.
This includes but is not limited to program owners, coaches, choreographers, photographers, team parent’s, adult age participants and employees (which from this point onwards in this policy will all be referred to as adults). Minors are children and young people under the age of 18.
What Our Gym/studio Will Do
We use a range of electronic tools to communicate with everyone involved with MADE ALL STARS
An administrator/moderator will be appointed to provide accountability and control over material published on our gym/studio’s website and any related discussion groups or social media websites, such as Facebook, YouTube or Twitter.
We have developed a separate Social Media Policy to address the specific issues arising from the use of social media.
Our communication policy is designed to protect members’ privacy, maintain clear boundaries and ensure that bullying and harassment does not occur.
Website
 Our website will include current and relevant information on classes, timetables, enrolment information, competitions, social events, committees, policies, constitution, rules and by-laws.
 No offensive content or photos will be published.
 If we intend to publish a photo of a child, we will first seek permission from his or her parents and take care not to provide identifying information.
 We will seek feedback from members to improve the information available on the site.
SMS and email
MADE ALL STARS will use email and SMS to provide information about competitions, training, gym/studio-sanctioned social events and other gym/studio or event matters. Wherever possible we will use an email address containing MADE ALL STARS name (e.g. @madeallstars.com.au)
however:
 Communications must be non-personal in nature
 SMS messages should be short and about gym/studio/team matters
 Email communication will be used when more information is required
 We will follow common sense guidelines regarding the volume and time of day of any allowed electronic communication.
Social media websites (for more detailed information refer to MADE ALL STARS social media policy)
 We treat all social media posts, blogs, status updates and tweets as public ‘comment’.
 Posts (written, photos or videos) will be family-friendly and feature positive gym/studio news and events.
 No personal information about our members will be disclosed;
o We will avoid naming athletes, or if we do use their name, we will avoid using the athletes full name.
o We will not display personal information such as residential address, email address or telephone numbers if images are being posted on websites or distributed in publications.
 No statements will be made that are misleading, false or likely to injure a person’s reputation.
 No statements will be made that might bring our gym/studio into disrepute.
 Abusive, discriminatory, intimidating or offensive statements will not be tolerated. Offending posts will be removed and those responsible will be blocked from the site.
 Parents and Athletes will not be private or instant messaged via a personal social media site or be allowed to “friend, follow or join†a MADE ALL STARS coach or official’s private social media page.
 Only the official MADE ALL STARS page or team pages will be used for gym/studio officials to communicate to parents or participants.
Communication Between Adults and Minors
 MADE ALL STARS will ensure that communications involving any participant and especially minors should appropriate, productive and transparent.
 Communication involving minors will be directed through their parents or if directly communicating with a participant then the participants parents will be copied in.
 All electronic communication between any adult and participant will be limited to the purpose of communicating information about MADE ALL STARS or team activities.
 All content between adults involved with MADE ALL STARS and participants should be readily available to share with the public or families of the participant or adult. If the participant is under the age of 18, any email, text social media interaction or similar communication must also copy or include the participants parents.
 Request to discontinue all electronic communications or imagery with athlete
o Following receipt of a written request by the parents of a minor participant involved with MADE ALL STARS that their child not be contacted through any form of electronic communication by adults in the program and any images of the
athlete are no longer used by MADE ALL STARS, all adults will immediately comply with such request without any repercussions for such request.
 When sharing images and videos of minors via official gym/studio pages on social medial MADE ALL STARS will follow the law as well as these guidelines from Play By the Rules https://www.playbytherules.net.au/got-an-issue/child-safe-sport/taking-images-of-children
What We Ask You To Do
We expect our members to conduct themselves appropriately when using electronic communication to share information with other members or posting material on public websites connected to the gym/studio. We also expect members to follow our gym/studio’s social media policy in conjunction with these communication guidelines.
Electronic communication:
 should be restricted to MADE ALL STARS matters
 must not offend, intimidate, humiliate or bully another person
 must not be misleading, false or injure the reputation of another person or MADE ALL STARS
 should respect and maintain the privacy of members
 must not bring the MADE ALL STARS into disrepute.
Non-compliance
MADE ALL STARS members may face disciplinary action for sending inappropriate electronic communication or posting online content or comments that harass, offend, intimidate or humiliate another member, as outlined in our polices.
Under certain circumstances, cyber bullying (e.g. bullying that is carried out through an internet service such as email, a chat room, discussion group, instant messaging or website) is a criminal offence that can be reported to the police.
In addition, members who publish false or misleading comments about another person or MADE ALL STARS in the public domain (e.g., Facebook, YouTube or Twitter) may be liable for defamation
SOCIAL MEDIA POLICY
1. Policy & Purpose
Guidelines for functioning in an electronic world are the same as the values, conduct and confidentiality policies employees are expected to live and work by every day.
Social media has created new opportunities for communication and collaboration; however, it has also created new responsibilities for employees. This Social Media Policy applies to all employees of the Company who use platforms such as Facebook, Instagram, WeChat, Twitter and LinkedIn, and Wikis such as Wikipedia and any other site where text can be posted. All of these activities are referred to as “internet postings†in this Policy.
In so far as this policy imposes any obligation on the company (ie those in addition to those set out in the legislation), those obligations are not contractual and do not give rise to any contractual rights. To the extent that this policy describes benefits and entitlements for employees (ie those in addition to those set out in legislation), they are discretionary in nature and are also not intended to be contractual. The terms and conditions of employment that are intended to be contractual are set out in an employee’s written employment contract.
MADE ALL STARS may unilaterally, vary, remove or replace this policy at any time.
2. Application
This policy is applicable to all persons who are using social media platforms with reference to Cheer Sport and involved with MADE ALL STARS whether they are in a paid or unpaid/voluntary capacity and including:
â— persons appointed or elected MADE ALL STARS boards, committees and sub-committees
â— employees of MADE ALL STARS
â— MADE ALL STARS full and associate members, including life members
â— athletes, coaches, officials, and other personnel participating in events and activities, including camps and training sessions, held by MADE ALL STARS or sanctioned by ACSA and
◠MADE ALL STARS athletes’ family members and any other friends/supporters
NOTE: This policy does not apply to the personal use of social media where it is not related to or there is no reference to Cheer Sport, MADE ALL STARS or its business, competitions, teams, participants, products, services, events, sponsors, members or reputation. However, any misuse of social media in a manner that does not directly refer to MADE ALL STARS may still be regulated by other policies, rules or regulations of MADE ALL STARS.
3. Roles and Responsibilities:
All persons involved with MADE ALL STARS, at any level including the athlete’s family are responsible for the content of their communication. All individuals listed under the policy coverage above have a responsibility to ensure that,
â— Communications do not cause damage to MADE ALL STARS, its interests or the reputation of the wider Cheer Sport community
â— Information about MADE ALL STARS services and products are accurate
â— Inappropriate or unlawful content online relating to MADE ALL STARS in breach of this policy is reported to the Directors of MADE ALL STARS
â— Logos and trademarks are only used with permission from MADE ALL STARS
â— Permission is sought from the relevant parties before creating an official social media account relating to MADE ALL STARS
As a part of the MADE ALL STARS community you are an extension of our brand and the wider reputation of Cheer Sport in Australia.
As such, the boundaries between when you are representing yourself and when you are representing MADE ALL STARS can often be blurred. This becomes even more of an issue as you increase your profile or position or affiliation with MADE ALL STARS. Therefore, it is important that you always represent both yourself and MADE ALL STARS appropriately online.
4. Guidelines
You must adhere to the following guidelines when using social media related to MADE ALL STARS or its business, products, competitions, teams, participants, services, events, sponsors, members or reputation. The web is not anonymous, remember, if you are online, you are on the record—much of the content posted online is public and searchable. You should assume that all information posted online can be traced back to you. You are accountable for your actions both on and offline, including the information you post via your personal social media accounts.
a) Use common sense
• If you are unsure if the content you wish to share is appropriate, seek advice from others or refrain from sharing to be on the safe side
• Remember when posting that the lines between public, private, personal and professional can be blurred you are a representative of MADE ALL STARS and cheer sport in Australia.
b) Honesty
• Do not say anything that is dishonest, untrue or misleading. Check the source and the facts before uploading or posting anything.
• MADE ALL STARS recommends erring on the side of caution – if in doubt, do not post or upload.
• Do not post anonymously, using pseudonyms or false screen names. Use your real name, be clear about who you are and disclose any affiliations, vested interests, endorsements or recommendations.
c) Dealing with mistakes
• If you make an error while posting on social media, be up front about the mistake and address it quickly. If someone accuses you of posting something improper (such as their copyrighted material or a defamatory comment about them), address it promptly and appropriately and if necessary, seek legal advice.
d) Discrimination, sexual harassment and bullying
The public in general, and MADE ALL STARS employees and members, reflect a diverse set of customs, values and points of view.
• You must not post any material that is offensive, harassing, discriminatory, embarrassing, intimidating, sexually explicit, bullying, hateful, racist, sexist or otherwise inappropriate.
• When using social media, you should be mindful of MADE ALL STARS communication, values and Code of Conduct.
e) Protecting your privacy
• Be smart about protecting yours and others privacy, particularly keeping in mind applicable child safe standards.
• Refrain from posting any content online that you would not be happy for the public to see (even if you are posting privately)
• Be cautious about disclosing personal details and where possible set accounts to limit public access.
f) Respect confidentiality and sensitivity
When using social media;
• you must maintain the privacy of MADE ALL STARS confidential information online. This includes information that is not publicly accessible, widely known, or not expected to be shared outside of MADE ALL STARS
• it is acceptable to talk about MADE ALL STARS and have a dialogue with your community, but it is not okay to publish MADE ALL STARS confidential information. Confidential information includes things such as details about litigation, and unpublished details about us e.g. team, coaching practices, financial information.
• you should be considerate to others and should not post information when you have been asked not to, or where consent has not been sought and given. You must also remove information about another person if that person asks you to do so.
• permission should always be sought if the use or publication of information is not incidental, but directly related to an individual. This is particularly relevant to publishing any information regarding minors. In such circumstances, parental or guardian consent is mandatory.
g) Gaining permission when publishing a person’s identifiable image
• You must obtain express permission from an individual to use a direct, clearly identifiable image of that person.
• You should also refrain from posting any information or photos of a sensitive nature. This could include accidents, incidents or controversial behaviour.
• In every instance, you need to have consent of the owner of copyright in the image.
h) Avoiding controversial issues
• Within the scope of your authorisation with MADE ALL STARS, if you see misrepresentations made about MADE ALL STARS in the media, you may point that out to the Directors of MADE ALL STARS
• Always do so with respect and with the facts. If you speak about others, make sure what you say is based on fact and does not discredit or belittle that party.
i) Complying with applicable laws
• Do not post or link to content that contains illegal or indecent content, including defamatory, vilifying or misleading and deceptive content.
• Always follow the terms and conditions for any third-party sites in which you participate.
• You must comply with the laws governing copyright in relation to material owned by others and MADE ALL STARS own copyrights and brands.
j) Use of disclaimers
• Where practical, include a disclaimer stating who you work for or are affiliated with (e.g. member of MADE ALL STARS and that anything you publish is your personal opinion and that you are not speaking officially.
• This is good practice and is encouraged, but don't count on it to avoid trouble -– it may not have legal effect.
k) Branding and intellectual property of MADE ALL STARS
• You must not use any of MADE ALL STARS’ intellectual property or imagery on your personal social media without prior approval from MADE ALL STARS.
• MADE ALL STARS intellectual property includes but is not limited to trademarks, logos, slogans, imagery which has been posted on MADE ALL STARS official social media sites or website.
• You must not create either an official or unofficial MADE ALL STARS presence using the organisation’s trademarks or name without prior approval from MADE ALL STARS
• You must not imply that you are authorised to speak on behalf of MADE ALL STARS unless you have been given official authorisation to do so by MADE ALL STARS
• Where permission has been granted to create or administer an official social media presence for MADE ALL STARS you must adhere to the MADE ALL STARS Branding Guidelines.
Keep in mind that what you publish is your responsibility, and failure to abide by these guidelines could hinder your affiliation/membership with MADE ALL STARS
Guidelines for MADE ALL STARS representatives
To facilitate communication, MADE ALL STARS may choose to set up official pages/team pages that athletes and parents may join (e.g. friend, follow or like) and coaches can communicate to athletes and parents through that page or site.
MADE ALL STARS will ensure that all electronic communication of any kind between coach and athlete will be non-personal in nature and only used for communicating necessary information related to the team or MADE ALL STARS
â— Personal Social Media Sites
Any adults affiliated with MADE ALL STARS may have a personal social media page or site abiding by the following restrictions
â— May not invite or allow athlete to friend/follow or join a personal social media account/site or similar online community
â— May not private or instant message athletes
â— Must inform parents and athletes that the above is not permitted at MADE ALL STARS
◠It is highly recommended that adults affiliated with MADE ALL STARS make their pages “private†to restrict athlete access
â— Reasonable Use
â— Employees/volunteers/contractors of MADE ALL STARS must ensure that personal use of social media does not interfere with work commitments or productivity.
5. Policy Breaches
Individuals or organisation’s publishing false or misleading comments about another person or organisation may be liable for defamation.
Breaches of this policy include but are not limited to:
â— Posting or sharing material that brings, or risks bringing MADE ALL STARS, its affiliates, its sport, its officials, members or sponsors into disrepute. In this context, bringing a person or organisation into disrepute is to lower the reputation of that person or organisation in the eyes of the ordinary members of the public.
â— Using MADE ALL STARS name, motto, crest and/or logo in a way that would result in a negative impact for the organisation, gym/studios and/or its members.
â— Posting or sharing any content that is abusive, harassing, threatening, demeaning, defamatory or libelous.
â— Posting or sharing any content that includes insulting, obscene, offensive, provocative or hateful language.
â— Posting or sharing any content, which if said in person during an event or competition would result in a breach of the competition rules.
â— Posting or sharing any content in breach of MADE ALL STARS policies.
â— Posting or sharing any content that is a breach of any state or Commonwealth law.
â— Posting or sharing any material to social media channels that infringes the intellectual property rights of others.
6. Reporting a Breach
If you notice inappropriate or unlawful content online relating to MADE ALL STARS or any of its members, or content that may otherwise have been published in breach of this policy, you should report the circumstances immediately to the Directors of MADE ALL STARS.
7. Investigation
Alleged breaches of this social media policy may be investigated according to MADE ALL STARS policies.
Where it is considered necessary, MADE ALL STARS may report a breach of this social media policy to police.
8. Disciplinary Process and Consequences
Depending on the circumstances, breaches of this policy may be dealt with in accordance with the procedure outlined MADE ALL STARS relevant policy e.g. code of conduct or athlete contract
Employees of MADE ALL STARS who breach this policy may face disciplinary action up to and including termination of employment in accordance with MADE ALL STARS employment policy.
Other legal considerations that may be applicable include but are not limited to:
• Defamation
• Intellectual property laws, including copyright and trade mark laws, Privacy, confidentiality and information security laws
• Anti-discrimination laws
• Employment laws
• Advertising standards
• Charter of Human Rights and Responsibilities Act 2006
â— Information Privacy Act 2000
â— Equal opportunity laws
â— Contempt of Court
â— Gaming laws