Terms and
conditions.
1. Who we are and how to contact us
1.1 These Terms are issued by Thomas Owen Price, a sole trader (ABN 76 992 690 143), trading as HUB Rugby Coaching (HUB, we, us or our). Business location: New South Wales, Australia. HUB does not operate from a permanent public business premises and operates throughout Australia and internationally through contracted coaching locations and online services.
1.2 You can contact us at hubrugby1@gmail.com, on +61 405 330 291, or through the contact methods shown on our Website. Formal legal notices should be sent to hubrugby1@gmail.com unless another notice method is agreed in writing.
1.3 Our Australian Business Number is 76 992 690 143. The legal operator is Thomas Owen Price, a sole trader trading as HUB Rugby Coaching.
2. What these Terms cover
2.1 These Terms govern your access to hubrugbycoaching.com and any related webpage, form or digital content operated by us (Website), and your enquiry for, booking of, payment for and participation in our Services.
2.2 The Services may include one-to-one rugby coaching, small-group coaching, online coaching and mentorship, athlete assessments, individual development plans, field work, gym-based work, strength and conditioning, speed and movement training, performance feedback, and other services described in a Booking Confirmation.
2.3 A school, rugby club, academy, employer, venue operator or other organisation purchasing services for multiple athletes may need a separate written services agreement. Unless we agree otherwise in writing, these Terms apply to each individual athlete and their parent or guardian, but do not replace procurement, safeguarding, insurance or data-sharing terms required by an organisation.
2.4 Our Privacy Policy, Athlete Safeguarding and Child Safe Policy, any specific package or program conditions disclosed before purchase, and applicable venue or platform rules should be read with these Terms. If there is a conflict, the following order applies unless mandatory law requires otherwise: the Booking Confirmation; specific written program conditions; these Terms; then operational policies and venue rules.
3. Acceptance, eligibility and guardian authority
3.1 You accept these Terms when you tick an acceptance box, sign or electronically accept a booking or registration form, pay for a Service after being given these Terms, or otherwise confirm acceptance through a recorded process. Merely browsing the Website does not by itself make you a coaching customer.
3.2 You must be at least 18 years old and have legal capacity to enter into the contract, or a parent or legal guardian must contract for you. We may request reasonable evidence of age, identity, parental responsibility or authority.
3.3 If the Athlete is under 18, the person making the booking confirms that they:
are the Athlete’s parent or legal guardian, or have written authority from a person with parental responsibility;
have authority to provide information and make decisions reasonably required for the booking, safety and emergency care of the Athlete;
will ensure the Athlete receives an age-appropriate explanation of the Services, safety instructions and risk warning;
will keep contact, emergency, medical and guardianship information accurate and current; and
understand that photography, promotional media, testimonials, direct marketing and session recording require separate optional choices and are not conditions of coaching.
3.4 The Athlete should also provide age-appropriate assent and follow the Coach’s reasonable safety and safeguarding directions. A guardian’s acceptance does not remove the Athlete’s right to raise a concern, decline inappropriate contact, or stop an activity that feels unsafe.
3.5 We may refuse or postpone a booking where we reasonably believe that we cannot provide the Service safely, lawfully, within our qualifications, within our insurance, or with appropriate safeguarding arrangements. We will not unlawfully discriminate and will consider reasonable adjustments where applicable.
4. How a coaching contract is formed
4.1 An enquiry, website submission, direct message, preliminary call, availability indication or advertisement is not a binding booking and does not guarantee a particular Coach, date, location, price or outcome.
4.2 A contract is formed when we provide or display the material booking information, give you access to these Terms, obtain your recorded acceptance, and then confirm the booking or accept payment, whichever occurs last. The confirmation may be sent by email, booking platform, SMS or another durable electronic method.
4.3 Before payment or final confirmation, the booking information should state the Athlete, Service, date or delivery period, location or online method, price, currency, taxes or mandatory fees, package or subscription conditions, and any cancellation or expiry rule that differs from these Terms.
4.4 We may correct an obvious pricing, availability or description error before a contract is formed. If an error is discovered after formation, we will contact you and offer a lawful and fair solution, which may include honouring the booking, agreeing a correction, substituting an equivalent Service with your agreement, or cancelling and refunding the affected amount.
4.5 We will retain a record of the version of the Terms accepted, the acceptance date and time, the customer and Athlete details, and the booking or package purchased. You should retain the confirmation and a copy of the Terms.
5. The Services
5.1 We will provide the Services described in the Booking Confirmation with the level of care and skill required by applicable law. Coaching content may be adapted to the Athlete’s disclosed condition, development priorities, observed performance, weather, venue, group composition, equipment and safety needs.
5.2 A one-to-one session is focused on one Athlete. A small-group session involves other participants and may require the Coach to divide attention and adapt activities to group safety and development. Online coaching may include live video calls, asynchronous programs, feedback, review of Athlete-submitted footage and messaging within approved channels.
5.3 An assessment is a coaching and performance assessment, not a medical diagnosis. A development plan is a coaching plan that may be changed as progress, season demands, injury status, availability or other relevant factors change.
5.4 We may use a suitably qualified substitute Coach, change the order or content of a session, move a session within the same reasonable area, or change an online platform where reasonably necessary. We will provide reasonable notice where practicable and will not make a material change that deprives you of the substance of what was purchased without offering an appropriate remedy.
5.5 Unless expressly included in the Booking Confirmation, the Services do not include transport, overnight supervision, accommodation, medical treatment, physiotherapy, psychological treatment, dietetic treatment, representation to selectors, employment or agency services, or guaranteed access to a club, academy or competition.
6. Coaching outcomes and professional boundaries
6.1 Rugby development depends on many factors outside our control, including attendance, effort, health, recovery, prior experience, training environment, team opportunities, coach or selector decisions and the conduct of other people. We do not guarantee selection, a scholarship, a contract, a professional career, a particular performance result, injury prevention or recovery from an injury.
6.2 Information provided by a Coach is for coaching, physical preparation and general educational purposes within that Coach’s qualifications. It is not a substitute for advice, diagnosis or treatment from a doctor, physiotherapist, psychologist, dietitian or other appropriately qualified health professional.
6.3 If a Coach observes symptoms, pain, distress, a suspected concussion, a potential injury or a matter outside the Coach’s scope, the Coach may stop or modify the activity and recommend professional assessment. You remain responsible for obtaining appropriate medical advice and complying with medical restrictions.
6.4 Any statement on the Website or in marketing about experience, development or athlete outcomes is general information and must not be understood as a promise that the same outcome will occur for you.
7. International and online customers
7.1 HUB is based in New South Wales, Australia and may provide coaching throughout Australia and internationally through contracted coaching locations and online services, subject to applicable law, insurance, safeguarding, tax, sanctions, payment and practical requirements.
7.2 We may decline, restrict or suspend a Service in a country where we reasonably determine that local licensing, insurance, safeguarding, sanctions, export, tax or other requirements prevent or materially change lawful delivery. We will provide an appropriate refund or credit for any paid Service we cannot lawfully supply, subject to mandatory law.
7.3 These Terms do not remove mandatory consumer rights that apply in the country where you normally live. Where a mandatory local rule conflicts with these Terms, that rule prevails only to the extent of the conflict. The remaining provisions continue to apply.
7.4 Online customers are responsible for confirming that they have a safe and lawful place to train, suitable equipment, appropriate supervision where required, emergency access, and any local medical clearance. Time zones, daylight saving and local public holidays should be checked when booking.
7.5 Unless stated otherwise, the contract and coaching communications are in English. You should tell us before booking if a language or accessibility adjustment is reasonably required. We may use reasonable translation support but do not guarantee that automated translations are legally or technically exact.
8. Prices, currency, taxes and payment
8.1 The price, currency, payment timing and any mandatory fee will be displayed or confirmed before you are bound. Prices are inclusive of GST and any other applicable sales tax.
8.2 For overseas customers, the amount charged by your bank or payment provider may differ because of exchange rates, conversion charges or international transaction fees. Those third-party charges are outside our control unless applicable law says otherwise.
8.3 Payments are processed through Stripe. Stripe’s payment terms and privacy information may also apply. We remain responsible for our own obligations to you and will not use Stripe’s terms to remove rights you have against us.
8.4 You authorise us and Stripe to charge the agreed amount using the payment method selected. You must provide accurate billing information and have authority to use the payment method.
8.5 If a payment fails, we may pause future Services and ask you to update payment details. Any failed-payment or administrative fee must have been disclosed before purchase and must be lawful and proportionate to our reasonable cost. Current proposed fee: none.
8.6 If you believe a charge is incorrect, contact us promptly so we can investigate. Nothing in these Terms prevents a lawful chargeback or statutory remedy. We may recover reasonable direct costs caused by a dishonest or clearly unjustified payment dispute only to the extent permitted by law.
8.7 We will provide an invoice, receipt or payment confirmation in electronic form. You are responsible for your own tax obligations relating to any reimbursement or third-party funding you receive.
9. Packages, credits and recurring payments
9.1 A package confirmation must state the number or type of sessions or services included, the package price, any delivery period, and the expiry date. The default package expiry, if no expiry is shown, is 12 months from purchase.
9.2 Session credits are personal to the named Athlete and may not be sold, auctioned, copied or commercially transferred. We may approve a transfer to another Athlete in exceptional circumstances, subject to safety, guardian and administrative requirements.
9.3 We will consider a reasonable extension for verified injury, serious illness, pregnancy, deployment, safeguarding concern or another circumstance where strict expiry would be unfair. We may ask for proportionate evidence and will handle any health information under our Privacy Policy.
9.4 If we offer a subscription or recurring payment, the checkout or written offer must clearly state the billing amount and frequency, minimum term, included Services, renewal mechanism, price-change process and cancellation method before you subscribe.
9.5 Unless the Booking Confirmation clearly states a different lawful period, you may cancel an ongoing subscription or recurring coaching arrangement by giving at least 30 days’ written notice to hubrugby1@gmail.com. Cancellation takes effect at the end of the 30-day notice period. Services and scheduled payments continue during that notice period unless we agree otherwise or mandatory law gives you a different right. Cancellation does not retrospectively cancel Services already supplied or amounts lawfully due for an agreed minimum term, and no term overrides mandatory cancellation or unfair-contract protections.
9.6 We will not materially increase a recurring price without reasonable advance notice and a practical opportunity to cancel before the increase takes effect, unless the increase is required by law or expressly calculated under a transparent formula accepted at purchase.
10. Rescheduling, cancellations, lateness and no-shows
10.1 Our standard customer cancellation notice for an individual session is at least 24 hours before the scheduled start time. The Booking Confirmation may state a different period for a camp, clinic, group event, facility booking or specialist program, provided it is disclosed before purchase and is fair.
10.2 If you give the required notice, you may request one reasonable reschedule or a session credit, subject to Coach and venue availability. A refund is not automatically required for a change of mind, but mandatory consumer rights continue to apply.
10.3 If notice is given after the deadline or the Athlete does not attend, we may deduct the session credit or charge up to the value of the reserved session because the time and facility may not be recoverable. We will consider genuine emergencies, sudden illness, injury and other exceptional circumstances fairly and may waive or reduce the charge.
10.4 Arriving late does not normally extend the scheduled end time, particularly where another booking or venue restriction follows. The Coach may shorten, adapt or decline the remaining activity if there is not enough time to warm up or participate safely.
10.5 A request to reschedule is not accepted until we confirm it. Do not assume a social-media message has been received. Use the booking channel or contact details stated in the confirmation.
10.6 If an Athlete repeatedly cancels late, does not attend, or does not provide information required for safe delivery, we may require prepayment, restrict future bookings or terminate the package on reasonable notice. Any unused amount will be handled under clause 24 and mandatory law.
11. Refunds, credits and statutory cancellation rights
11.1 Nothing in these Terms states or implies that refunds are never available. Your rights depend on why the Service is cancelled, whether it has been supplied, the terms disclosed before purchase, and the consumer law that applies.
11.2 If we fail to provide a Service with the care and skill required by law, materially fail to provide what was agreed, or cannot supply a paid Service, you may be entitled to repeat performance, a price reduction, refund, compensation or another remedy under applicable law.
11.3 If we cancel a session, we will ordinarily offer a reasonable reschedule, substitute Coach, equivalent online option or credit. If none is reasonable for you, we will refund the amount paid for the affected session or unused part, except where mandatory law permits another remedy and that remedy is fair.
11.4 If an Athlete becomes medically unable to continue a package, contact us promptly. We may offer a pause, extension, transfer, credit or refund for the unused part after taking account of Services already provided and reasonable non-recoverable costs. We will not impose a result that is unfair or inconsistent with mandatory law.
11.5 Australian consumers retain all non-excludable rights and remedies under the Australian Consumer Law, subject only to any lawful recreational-services provision in clause 16.
11.6 Overseas consumers may have mandatory cancellation, cooling-off or withdrawal rights under the law that applies to them. Those rights apply to the extent they cannot lawfully be excluded or limited by these Terms.
11.7 Approved refunds will be made to the original payment method where reasonably possible. Processing times imposed by banks or platforms are outside our control, but we will issue the refund within the period required by applicable law.
12. Changes, coach availability, venues, weather and force majeure
12.1 Rugby coaching may be affected by Coach illness or injury, venue access, field condition, equipment, extreme heat, lightning, storms, smoke, air quality, transport disruption, public-health measures and other safety or operational events.
12.2 We may reasonably modify, relocate, postpone, shorten, move online or cancel an affected session. Safety decisions may be made at short notice and may take account of governing-body guidance, venue rules, weather alerts, the Athlete’s age and condition, and the Coach’s professional judgment.
12.3 We will not require an Athlete to participate in unsafe conditions. If we make a material change and no reasonable alternative is accepted, clause 11.3 applies.
12.4 Neither party is responsible for delay or failure caused by an event beyond reasonable control, including natural disaster, severe weather, epidemic, war, civil disorder, government restriction, widespread utility or communications failure, venue closure or transport shutdown. This clause does not excuse payment for a Service already supplied or remove a refund or other right that mandatory law requires.
12.5 The affected party must take reasonable steps to reduce the impact and resume performance. If the interruption continues for 30 days and substantially defeats the purpose of an ongoing package, either party may terminate the affected part and unused prepaid amounts will be addressed fairly under clause 11.
13. Health, injury, disability and medical clearance
13.1 Before participation, the Athlete or guardian must provide complete and accurate information that is reasonably relevant to safe coaching, including current injury, recent concussion, medical restriction, disability or accessibility requirement, medication affecting exercise, recent surgery, pregnancy, medical advice not to train, or symptoms that may make participation unsafe.
13.2 You must promptly tell the Coach about any change and immediately report pain, dizziness, chest discomfort, unusual breathlessness, confusion, visual disturbance, loss of balance, numbness, weakness or another concerning symptom during or after a session.
13.3 We may require medical or allied-health clearance where there is a reasonable safety basis. We may pause or modify coaching until suitable clearance or information is provided. This is not a diagnosis and will not be used as a substitute for professional health advice.
13.4 We will consider reasonable adjustments for disability, injury or other needs. An adjustment may be declined only where it would be unsafe, unlawful, fundamentally change the Service, be outside the Coach’s competence, or cause unjustifiable hardship under applicable law.
13.5 Health, injury, disability, clearance and emergency information is sensitive. It must be collected through the approved secure process where available, not through public social media or unnecessary free-text messages. Our Privacy Policy explains how it is handled.
13.6 Failure to disclose a material risk may limit what the Coach can safely do and may require the session to stop. It does not excuse us from exercising the care required by law.
14. Athlete responsibilities and conduct
14.1 The Athlete must:
follow reasonable coaching, safety, venue and emergency instructions;
use appropriate footwear, clothing, protective equipment and well-maintained personal equipment;
arrive adequately hydrated, nourished and prepared for the weather, including sun and heat protection;
warm up, cool down and perform exercises only as instructed and within a safe range;
not participate while affected by alcohol, illegal drugs, unsafe medication effects, a contagious illness, or a condition that makes participation unsafe;
treat Coaches, other athletes, parents, staff, venue users and the public with respect;
not bully, harass, threaten, discriminate against, abuse, groom, intimidate or deliberately endanger another person;
comply with lawful venue, club, school, platform and equipment rules;
protect personal belongings and avoid bringing unnecessary valuables; and
tell us promptly about an incident, near miss, unsafe condition, safeguarding concern or complaint.
14.2 A Coach may stop an activity or remove an Athlete from a session where reasonably necessary for safety, welfare, safeguarding, serious misconduct or disruption. We will handle any ongoing suspension or refund fairly under clauses 24 and 26.
14.3 The customer is responsible for damage or loss directly caused by the Athlete’s deliberate or negligent conduct, to the extent permitted by law. This is not a broad indemnity and does not make the customer responsible for our negligence or matters outside their control.
15. Important risk warning and acknowledgment
RISK WARNING
WARNING - RUGBY AND EXERCISE CAN CAUSE SERIOUS INJURY
Rugby coaching, contact and non-contact drills, strength and conditioning, speed work, field training, gym training and related exercise are recreational activities that involve inherent, obvious and sometimes significant risks of physical and mental harm.
Risks include collisions, tackling and being tackled, contact with people or equipment, falls, sprains, strains, fractures, dislocations, concussion, head or spinal injury, cuts, bruising, illness, aggravation of a pre-existing condition, overexertion, cardiac or respiratory events, heat illness, dehydration, weather and surface hazards, equipment failure or misuse, and the acts or omissions of other participants.
Online or unsupervised training creates additional risks because the Coach may not be physically present to inspect the space, equipment, technique, symptoms or emergency conditions. Serious injury, permanent disability or death may occur even where reasonable care is taken.
By choosing to participate, the Athlete and, where applicable, the parent or guardian acknowledge the general nature of these risks and voluntarily accept the ordinary and inherent risks of the activity, subject always to rights and liabilities that cannot lawfully be excluded.
15.1 For the purposes of section 5M of the Civil Liability Act 2002 (NSW), this clause is intended to be a risk warning given before participation. For an Athlete who lacks capacity to understand the warning because of age or disability, the warning is also directed to the parent or person with parental responsibility who accepts these Terms.
15.2 A risk warning is not a substitute for safe coaching. We will continue to take the precautions and exercise the care required by applicable law, our qualifications, venue requirements and reasonable professional practice.
15.3 You must not rely on a statement by us that contradicts this warning. If you believe a Coach or advertisement has represented that an activity is risk-free or guaranteed to prevent injury, contact us before participating.
16. Australian recreational services provision
16.1 This clause applies only where Australian law permits a contractual exclusion, restriction or modification for recreational services.
16.2 To the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), section 5N of the Civil Liability Act 2002 (NSW), and any corresponding State or Territory law, the parties agree that any consumer guarantee, implied term, warranty, right or liability that the recreational Services will be provided with due care and skill is excluded, restricted or modified only to the extent it relates to liability for death, physical or mental injury, disease, or another harmful condition arising from participation in those recreational Services.
16.3 Clause 16.2 does not apply to significant personal injury caused by our reckless conduct within section 139A(5), to fraud or wilful misconduct, or to any liability, right or remedy that cannot lawfully be excluded, restricted or modified. It does not apply beyond the permitted recreational-services scope and does not remove obligations concerning price, description, non-personal loss or any other matter that the law preserves.
16.4 The Athlete’s acknowledgment of risk is not an admission that every risk is obvious, inherent or unavoidable, and it does not prevent a lawful claim where harm is caused by a breach for which liability cannot be excluded.
IMPLEMENTATION
Insurer approval required before launch
The wording in clauses 15 and 16 should be reviewed against HUB’s public liability and professional indemnity policies and any insurer-mandated form before it is placed in the booking flow.
The Website should require a separate, unticked or affirmative acknowledgment of the risk warning before the first physical or online exercise service, with guardian acceptance for an under-18 Athlete.
17. Emergency response, first aid and concussion
17.1 The Athlete or guardian authorises us, where reasonably necessary and especially where the Athlete cannot communicate, to provide or arrange first aid, contact the emergency contact, call emergency services and share relevant information with responders. This authority does not require us to provide treatment beyond our training or available resources.
17.2 The customer is responsible for ambulance, hospital, medical, travel and related third-party costs unless applicable law or our proven breach requires otherwise. We do not guarantee the availability or response time of a venue defibrillator, first aider or emergency service.
17.3 A suspected concussion or serious head injury will be treated conservatively. The Athlete must stop participation, must not return to physical activity in the same session, and may be required to obtain appropriate medical assessment and follow a graduated return-to-sport process before resuming.
17.4 For an under-18 Athlete, we will seek to notify the parent or guardian promptly. We may also notify a venue, club, school, insurer, governing body or authority where reasonably necessary for safety, safeguarding, legal or insurance purposes and permitted by law.
17.5 You must provide an accurate emergency contact who is reasonably reachable during a session. For remote coaching, the Athlete must know the local emergency number and provide the physical training location where reasonably required for a live session.
18. Children and athlete safeguarding
18.1 We are committed to child safety and expect Coaches, Athletes and guardians to comply with our Athlete Safeguarding and Child Safe Policy and codes of conduct. Those documents must be published and operational before under-18 coaching begins.
18.2 We will use Coaches who have the screening, Working with Children Check or equivalent clearance required for the role and jurisdiction. A clearance is one part of safeguarding and does not replace supervision, boundaries, reporting and safe recruitment.
18.3 One-to-one coaching with a child should occur in an open, visible or otherwise appropriately observable environment, with the guardian informed of the time, place and communication arrangements. We may require a guardian or authorised adult to remain nearby depending on age, location, activity and risk.
18.4 Physical contact must be necessary for a legitimate coaching, demonstration or safety purpose; explained where practicable; appropriate to age and circumstances; limited to what is necessary; and stopped if the Athlete is uncomfortable, unless immediate contact is reasonably required to prevent harm.
18.5 Direct communication with a child must use approved channels and remain related to coaching. The parent or guardian should ordinarily be the primary contact or copied into communications. Secret, sexualised, coercive, disappearing or inappropriate communications are prohibited.
18.6 Online sessions involving children require guardian approval, appropriate platform and camera settings, a suitable environment and no recording unless separate consent has been obtained. We may end a session if the environment or conduct is inappropriate or unsafe.
18.7 Transport, change-room supervision, camps, overnight activities and release of a child to another adult are not included unless expressly agreed under separate written procedures and guardian permissions.
18.8 Anyone may raise a child-safety concern without retaliation. We may preserve records, restrict contact, suspend a Coach or Athlete, and report or disclose information to police, child-protection, the NSW Office of the Children’s Guardian, a school, club or another authority where required or permitted by law.
18.9 Participation does not require consent to promotional photography, video, testimonials or direct marketing. A child and guardian may decline those uses without losing access to coaching.
19. Online coaching and unsupervised training
19.1 Online coaching may be live, recorded with consent, or asynchronous. Unless a live Coach can clearly observe and correct the Athlete, the Service does not provide continuous supervision.
19.2 Before each activity, the Athlete must inspect the area and equipment, remove hazards, use a stable surface, allow adequate space, follow setup instructions, use an appropriate spotter or responsible adult where required, and stop if the activity cannot be performed safely.
19.3 The Athlete must not attempt a drill, load, movement or contact activity that exceeds their experience, equipment, local supervision, medical clearance or safe environment. The Athlete must stop immediately if pain, dizziness, chest symptoms, confusion, unusual breathlessness, loss of balance, equipment damage or another unsafe condition occurs.
19.4 We are not responsible for a third-party internet, device, platform or power failure that we did not cause. We will take reasonable steps to reschedule or provide an alternative where a material part of a paid live session is lost.
19.5 You must not permit another person to use an Athlete’s personalised program without our written approval. A program may be unsuitable for a person with different health, ability, training history or equipment.
19.6 An overseas Athlete must comply with local venue, child-safety and exercise laws and should have local emergency and healthcare support. Our acceptance of an online booking is not a representation that we hold a licence or insurance in every country for every possible activity.
20. Photography, video, testimonials and recordings
20.1 We will not use an identifiable Athlete’s image, voice, story, performance data or testimonial for public promotion merely because the Athlete booked or attended coaching. Public or promotional use requires separate, optional and purpose-specific consent.
20.2 Separate choices should be offered for private coaching analysis, internal coach education, Website publication, organic social media, paid advertising, printed promotion, use of name or club details, testimonials and online-session recording.
20.3 For an under-18 Athlete, guardian consent and age-appropriate Athlete assent are required. We will avoid publishing unnecessary identifying details such as a child’s full name, school, exact location and real-time training schedule together.
20.4 Consent may be withdrawn for future use by contacting us. We will take reasonable steps to stop new publication and remove content we control, but withdrawal does not invalidate prior lawful use and we may not be able to retrieve printed material, third-party shares, screenshots, search-engine caches or copies outside our control.
20.5 A participant must not record, livestream or publish a session, Coach, child or other participant without permission. This restriction does not prevent lawful preservation of evidence or reporting of misconduct or a safety concern.
21. Intellectual property and coaching materials
21.1 Unless stated otherwise, we or our licensors own the Website, coaching methods, session plans, programs, written resources, videos, diagrams, branding, photographs and other materials we create or provide.
21.2 When you pay for a Service, we grant the named Athlete a limited, personal, non-exclusive, non-transferable and revocable licence to use the supplied coaching materials for their own non-commercial training during the intended period.
21.3 You must not reproduce, sell, sublicense, upload to a shared library, publish, commercially exploit, remove attribution from, use to train a commercial artificial-intelligence system, or provide a personalised program to another person without written permission, except to the extent law permits and cannot be excluded.
21.4 The Athlete retains ownership of Athlete-created footage, messages and materials. You grant us a limited licence to view, copy, annotate, store and use them only as reasonably necessary to provide the Service, protect safety, maintain records and comply with law. Promotional use requires separate consent under clause 20.
21.5 Third-party content, club names, governing-body materials and platform features remain subject to their owners’ rights. A reference to a club, academy or competition does not imply current endorsement or partnership unless expressly stated and supported by permission.
22. Website use
22.1 You may use the Website for lawful personal and business-enquiry purposes. Website content is general information and may not reflect the individual circumstances of an Athlete.
22.2 You must not:
introduce malware, attempt unauthorised access, probe security or interfere with operation;
scrape, harvest or compile personal information or content at scale without permission;
impersonate another person, submit false or abusive enquiries, or misuse contact details;
infringe intellectual property, privacy, confidentiality or safeguarding rights; or
use the Website to facilitate unlawful, harmful, exploitative or discriminatory conduct.
22.3 We may suspend Website access or remove content to protect security, rights or legal compliance. We do not guarantee uninterrupted availability and may maintain, update or discontinue a non-paid Website feature.
22.4 Links to third-party websites, social platforms, booking systems, venues and resources are provided for convenience. We do not control their content, availability or privacy practices and do not endorse them merely by linking.
23. Privacy, service communications and marketing
23.1 Our Privacy Policy explains how we collect, use, disclose, secure, retain and provide access to personal information, including health information, child information, images, online identifiers and overseas data transfers.
23.2 We may send service communications reasonably necessary to respond to an enquiry, administer a booking, provide a program, collect payment, communicate a safety issue, reschedule a session or comply with law. These are different from optional direct marketing.
23.3 Promotional email, SMS and telephone marketing must use a separate, optional consent or another lawful basis that applies in the relevant country. Marketing choices must not be bundled into acceptance of these Terms, medical consent, emergency authority, safeguarding or media consent.
23.4 You may unsubscribe or withdraw a marketing preference using the message instructions or by contacting us. Withdrawal does not prevent necessary service or legal communications. We may keep a minimal suppression record so that we do not accidentally contact you again for the opted-out channel.
23.5 For an under-18 Athlete, marketing should ordinarily be directed to the parent or guardian, not the child. Health, injury, disability or safeguarding information will not be used for targeted advertising except where specifically lawful and supported by valid express consent.
24. Suspension and termination
24.1 We may immediately pause or end a session where reasonably necessary for urgent safety, medical, safeguarding, serious misconduct, illegal conduct or material venue concerns.
24.2 We may suspend future Services on reasonable notice for repeated non-payment, repeated late cancellation, abusive conduct, material false information, unsafe refusal to follow instructions, misuse of materials or a serious breach of these Terms. Where practical, we will explain the issue and allow a reasonable opportunity to remedy it before termination.
24.3 We may terminate immediately where a breach cannot reasonably be remedied, continued contact presents a safety or child-protection risk, or law, insurance or a competent authority requires it.
24.4 You may stop using the Services and cancel future bookings subject to the disclosed session-cancellation, package and statutory rights. To end an ongoing subscription or recurring coaching arrangement, give at least 30 days’ written notice in accordance with clause 9.5.
24.5 On termination, you must pay for Services already provided and any fair, disclosed and lawful cancellation amount. We will refund or credit unused prepaid amounts where required by law or where retaining them would be unfair, after deducting amounts lawfully due.
24.6 Terms concerning accrued payment, intellectual property, privacy, confidentiality, complaints, liability and other provisions intended by their nature to survive will continue after termination.
25. Complaints and disputes
25.1 Please raise a service, safety, privacy or safeguarding concern as soon as reasonably possible so it can be addressed. Contact hubrugby1@gmail.com or the business address in clause 1 and identify the Athlete, booking, issue and preferred resolution.
25.2 We aim to acknowledge a complaint within 5 business days and to investigate and respond within a reasonable period, taking account of urgency, child safety, privacy and the need to hear from relevant people. This is a service target, not a restriction on statutory rights.
25.3 The parties should first attempt good-faith resolution. This does not prevent either party seeking urgent relief, reporting a safety or safeguarding matter, using a chargeback lawfully, contacting a consumer or privacy regulator, or bringing a claim within an applicable limitation period.
25.4 Australian consumers may contact NSW Fair Trading, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner or the Information and Privacy Commission NSW as applicable. Overseas consumers may also contact a competent local consumer, privacy, court or other authority where mandatory law permits.
26. Liability and rights that cannot be excluded
26.1 Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right, remedy or liability where doing so would be unlawful. In Australia, this includes rights under the Australian Consumer Law except to the limited extent a lawful recreational-services provision applies under clause 16.
26.2 Nothing in these Terms excludes or restricts liability for fraud, fraudulent misrepresentation, reckless conduct, death or personal injury where exclusion is prohibited, breach of statutory rights that cannot be excluded, or any other liability that applicable law prohibits us from excluding or limiting.
26.3 We are responsible for loss or damage that is a reasonably foreseeable result of our breach of contract or failure to use the care required by law. We are not responsible for loss that was not caused by us, was not reasonably foreseeable when the contract was formed, or results from inaccurate or withheld information, failure to follow reasonable safety instructions, unauthorised use of a program, or a risk outside our reasonable control, except to the extent law makes us responsible.
26.4 If you use the Services wholly or mainly for personal purposes, we are not responsible for business losses such as loss of profit, business interruption or lost opportunity. This does not affect rights that cannot be excluded.
26.5 Personal property is brought to a session at the owner’s risk in the ordinary sense that we do not insure it or supervise it. We remain responsible to the extent loss or damage is caused by our negligence or another breach for which liability cannot be excluded.
26.6 We are not responsible for the independent acts of a venue, club, school, payment provider, video platform, internet provider, healthcare provider, emergency service or other third party that we do not control, but we remain responsible for our own selection, instructions, disclosures and contractual duties where applicable.
26.7 If the Athlete’s conduct contributed to loss, liability may be reduced only to the extent permitted by applicable law. No clause requires you to indemnify us for our own negligence, reckless conduct, unlawful conduct or breach.
27. Changes to these Terms
27.1 We may update these Terms to reflect law, safety, services, technology or business changes. The current version and effective date will be published on the Website.
27.2 A change will ordinarily apply to bookings made after the effective date. We will not materially reduce rights for a prepaid booking or fixed-term package without your agreement, unless the change is required by law or is reasonably necessary for safety and does not cause unfair detriment.
27.3 For an ongoing subscription, we will give reasonable notice of a material change and, where required, a practical right to cancel before it takes effect.
28. General legal terms
28.1 Entire agreement. The Booking Confirmation, these Terms and documents expressly incorporated into them form the agreement about the relevant Service. This does not exclude liability for misleading statements, fraud, statutory rights, or information that applicable consumer law treats as a binding term.
28.2 Severability. If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary or removed, and the remaining provisions continue.
28.3 No waiver. A delay or failure to enforce a right is not a waiver. A waiver must be clear and applies only to the matter for which it is given.
28.4 Assignment. You may not transfer a personalised coaching contract without our consent. We may transfer our rights and obligations as part of a genuine business restructure or sale only if this does not reduce your rights and we provide any notice required by law.
28.5 Notices. Routine notices may be sent to the latest email, phone number, booking account or address provided. Formal notices to us must use the legal-notices contact in clause 1. A party must keep contact details current.
28.6 No partnership or employment. These Terms do not create an employment, agency, partnership, fiduciary or joint-venture relationship between HUB and an Athlete or guardian.
28.7 Interpretation. Headings assist reading and do not limit meaning. “Including” is not limiting. A reference to law includes amendments and replacement law. Singular includes plural where context permits.
29. Governing law and jurisdiction
29.1 These Terms and each contract are governed by the laws of New South Wales, Australia, and the parties submit to the courts of New South Wales and courts entitled to hear appeals from them.
29.2 Clause 29.1 does not deprive a consumer of a mandatory protection, local forum or right that the law of their habitual residence requires. An overseas consumer may bring or defend proceedings in a local court where mandatory consumer law allows or requires it.
29.3 If a Service is physically delivered outside New South Wales, mandatory safety, child-protection, employment, venue and professional rules of that place may also apply. Separate local advice and contracting may be required.
Schedule 1 - Definitions
Term
Meaning
Athlete
the person receiving or participating in the Services, whether adult or child.
Booking Confirmation
our written or electronic confirmation identifying the material Service, price and booking details.
Coach
a coach, trainer, mentor, contractor or authorised person who provides or assists with a Service for HUB.
guardian
a parent, legal guardian or person with lawful parental responsibility or documented authority for an Athlete.
mandatory law
a law, consumer right or jurisdiction rule that the parties cannot lawfully exclude or vary by agreement.
Recreational Services
Services involving participation in sport, exercise, physical exertion, physical risk, recreation, enjoyment or leisure, to the extent recognised by applicable law.
Services
the coaching, assessment, programming, mentorship, event, online and related services described in clause 2.2 and the Booking Confirmation.
Terms
these Website and Coaching Terms and Conditions, including Schedule 1.
Website
hubrugbycoaching.com and related pages, forms and digital content operated by us.