TERMS & CONDITIONS
1. Definitions
In these Terms & Conditions:
OPTIMA FOOTBALL PTY LTD (ABN 88 646 016 471) trading as M5 Football is referred to as “M5 Football”, “we”, “us” or “our”.
Centre of Excellence means the M5 Football Centre of Excellence and any related facilities operated by us.
Icon / ICON means football-specific electronic training equipment operated by us as part of the Centre of Excellence.
Member means any individual enrolled in a Program provided by us.
Parent/Guardian means the parent or legal guardian of a Member under 18 years of age.
Program means any training session, class, membership, academy program, camp, clinic, trial, private session or other service offered by us (indoors or outdoors).
Hire Facility means any facility or field made available by us for hire, including the Centre of Excellence and ICON.
Fees means all fees and charges payable for Programs or facility hire.
These Terms apply to all Programs, Memberships and facility use, whether at the Centre of Excellence, external venues or online.
2. Acceptance of Terms
2.1 By enrolling a Member in any Program, paying Fees, attending any Program, using the Hire Facility, or allowing a child to do so, the Parent/Guardian and Member acknowledge that they have read, understood and agree to be bound by these Terms & Conditions.
2.2 Where the Member is under 18, the Parent/Guardian enters into this agreement on behalf of the Member and warrants that they have legal authority to do so.
2.3 All required enrolment forms, waivers and medical disclosures must be completed truthfully and submitted before the Member participates in any Program.
3. Eligibility, Supervision & Child Safety
3.1 Members must meet the age, eligibility and Program criteria published by us. We may refuse or cancel enrolment where eligibility is not met.
3.2 M5 Football is a child-related sporting service provider and implements child-safe practices in line with the NSW Child Safe Standards and NSW Child Safe Scheme, including Working With Children Checks for staff and volunteers as required by law.
3.3 Parents/Guardians must:
a) ensure the Member is dropped off and collected on time;
b) supervise any siblings or non-participating children;
c) remain contactable during Program times; and
d) follow all directions reasonably given by our staff regarding safety and behaviour.
3.4 We are responsible for reasonable supervision only during scheduled Program times. We are not responsible for Members before sign-in or after sign-out.
4. Fees, Payment, Refunds & Cancellation
4.1 General
4.1.1 Fees are payable in advance as specified on our website, enrolment forms or invoices.
4.1.2 We may refuse participation, suspend access or cancel a Membership if Fees are unpaid.
4.2 Refunds for Camps / Clinics
4.2.1 Payment in full is required prior to commencement of a camp/clinic to secure a place.
4.2.2 If a Parent/Guardian withdraws a Member from a camp/clinic:
- More than 7 days before the start date: a credit equal to the Fees paid will be applied to the Member’s account for future use with M5 Football (no cash refund).
- Within 7 days of the start date: no refund or credit will be provided, except where required under the Australian Consumer Law (for example, if we fail to provide the service with due care and skill).
4.2.3 If we cancel a camp/clinic and do not offer an alternative date, we will provide a credit or refund in accordance with the Australian Consumer Law.
4.3 Weekly Programs / Memberships
4.3.1 Fees for ongoing Programs or Memberships are charged as specified in the Membership agreement or enrolment information.
4.3.2 Missed sessions (for any reason, including illness, travel, personal commitments or forgetting to attend) are non-refundable and not eligible for credit or make-up, unless we choose to offer a replacement session at our discretion.
4.3.3 Voluntary cancellation of Membership:
- If a Member wishes to cancel an ongoing Membership, the Parent/Guardian must give a minimum of 2 weeks’ written notice (email to team@m5football.com.au is sufficient).
- Fees remain payable during the 2-week notice period.
- Any Fees paid beyond the notice period may be credited or refunded at our discretion, subject to rights under the Australian Consumer Law.
4.3.4 We will not charge Membership fees when we are not providing any service at all (for example, if all Programs are suspended due to a mandatory government shutdown). In such circumstances we may suspend Memberships or offer credits rather than refunds, consistent with the Australian Consumer Law.
5. Membership Freeze / Pause & Reactivation
5.1 A Member may request to freeze/pause their Membership for up to a maximum total of 4 weeks in any 12-month period.
5.2 Freeze requests must:
a) be made in writing to team@m5football.com.au; and
b) be received at least 7 days prior to the proposed start of the freeze period.
5.3 We may request supporting evidence (for example, injury or medical certificate, extended travel) before approving a freeze.
5.4 Once the 4-week annual freeze limit is reached, the Membership will remain active and Fees will continue to be payable, whether or not the Member attends, unless:
- the Parent/Guardian provides 2 weeks’ written notice to cancel the Membership under clause 4.3.3; or
- we agree in writing to a further freeze or alternative arrangement.
5.5 If a Membership is cancelled and a Past Member later seeks to reapply, re-enrolment is subject to availability and may incur a Reactivation Fee, as published on our website or notified at the time of the request.
6. Program Changes & Cancellations by M5 Football
6.1 We may change Program times, locations, coaches, format or structure at any time for operational, safety or scheduling reasons.
6.2 The M5 Football Centre of Excellence is an all-purpose venue. Programs and camps at the Centre of Excellence generally proceed in most weather conditions. Where appropriate, we may adjust activities or modify use of indoor/outdoor areas rather than cancel.
6.3 We may cancel, shorten or relocate a Program due to matters beyond our control (for example, facility damage, staff illness, safety concerns, government restrictions). See Force Majeure (clause 17).
6.4 Where a Program is cancelled by us and no reasonable alternative is offered, we will provide a credit or refund in accordance with the Australian Consumer Law.
7. Behaviour, Code of Conduct & Zero Tolerance
7.1 Player Behaviour – M5 Football Code of Conduct (summary)
Members must:
a) show respect to coaches, teammates, opponents and referees;
b) listen to instructions and follow safety rules;
c) avoid rough, dangerous or reckless play;
d) refrain from bullying, harassment, swearing or discriminatory behaviour;
e) care for equipment and facilities.
7.2 Parent/Guardian & Spectator Behaviour – Code of Conduct (summary)
Parents/Guardians and spectators must:
a) model positive behaviour and support all children, not just their own;
b) not coach from the sideline or undermine coaches during sessions;
c) never abuse referees, staff, children or other parents (verbally, physically or online);
d) follow staff directions and venue rules;
e) raise concerns respectfully and privately, not during active sessions or in front of children.
7.3 Zero Tolerance Policy
We operate a zero-tolerance policy towards:
- physical or verbal abuse;
- bullying, harassment or intimidation;
- discriminatory, racist, sexist or otherwise offensive behaviour;
- threats or attempts to harm others;
- deliberate damage to property;
- behaviour that endangers participants, staff or the public.
7.4 We may, at our absolute discretion, suspend or terminate (immediately and without refund) the participation of any Member or the attendance rights of any Parent/Guardian or spectator who breaches these behaviour expectations or otherwise behaves in a manner we consider unsafe, disruptive or harmful to M5 Football or its community.
8. Health, Medical Information & Safety
8.1 The Parent/Guardian must disclose all relevant medical, behavioural or developmental conditions of the Member (including allergies, injuries, asthma, epilepsy, neurodivergence or other conditions that may affect participation or require reasonable adjustments).
8.2 The Parent/Guardian warrants that the Member is physically fit and able to safely participate in the Program, or has been appropriately cleared by a medical practitioner.
8.3 The Member must not attend if unwell with any communicable illness that may reasonably endanger other participants or staff. We may refuse participation where we reasonably consider a Member is not fit to participate.
8.4 The Parent/Guardian authorises us to:
a) administer basic first aid; and
b) seek emergency medical treatment (including calling an ambulance),
and agrees to pay any resulting costs not covered by insurance.
8.5 The Parent/Guardian acknowledges that we hold public liability and professional indemnity insurance, but that this may not cover all injuries or circumstances. It is the Parent/Guardian’s responsibility to arrange any additional personal accident or health insurance they consider necessary.
9. Assumption of Risk, Liability & Indemnity
9.1 Football-specific training, general physical training and use of gym-style or electronic equipment (including ICON) are inherently risky and may involve physical exertion, collisions, falls, impact with equipment or other participants, and exposure to changing conditions. Serious injury or death may occur.
9.2 By allowing the Member to participate, the Parent/Guardian and Member assume all such risks to the maximum extent permitted by law and acknowledge that this clause constitutes a risk warning under section 5M of the Civil Liability Act 2002 (NSW) in relation to recreational and sporting services.
9.3 To the maximum extent permitted by law, the Parent/Guardian and Member:
a) release and discharge M5 Football from all liability for any loss, damage, injury or death arising from participation in a Program, use of the Centre of Excellence, ICON or any Hire Facility, except to the extent caused by our negligence or breach of non-excludable statutory guarantees under the Australian Consumer Law; and
b) indemnify M5 Football against any claim, loss or damage arising from the Member’s breach of these Terms, misconduct or misuse of facilities or equipment.
9.4 Nothing in these Terms excludes, restricts or modifies any non-excludable rights or remedies under the Australian Consumer Law.
10. Photography, Media & Social Media
10.1 We may photograph or video Programs (including sessions, games and camps) for coaching, reporting, internal training and promotional purposes.
10.2 By enrolling, the Parent/Guardian grants us a royalty-free, worldwide, perpetual licence to use images or recordings of the Member in any media for promotional, marketing or educational purposes related to M5 Football.
10.3 If the Parent/Guardian does not consent, they must notify us in writing (to team@m5football.com.au) before the Member’s first session. We will then use reasonable efforts to avoid capturing or using identifiable images of that Member.
10.4 Parents/Guardians and spectators must not publish images or recordings of other children without the permission of their Parent/Guardian.
10.5 Online posts or comments about M5 Football, our staff or Members must be respectful and not defamatory, abusive or misleading. We may request removal of content that we reasonably consider harmful.
11. Facilities, Equipment, ICON & Personal Property
11.1 Members must use all equipment and facilities safely and only as instructed by our staff.
11.2 ICON-specific safety rules:
a) No food or alcohol is permitted inside the venue when ICON is in use.
b) Keep a safe, clear distance from ICON when not using it. Do not lean on, hang from or interfere with ICON while it is in operation.
c) Take care when entering and exiting ICON, following staff guidance at all times.
d) Any inappropriate or unsafe use of ICON may result in immediate removal from the session and, in serious cases, termination of participation or hire.
11.3 Personal belongings are brought to Programs or the Hire Facility at the Member’s own risk. We are not responsible for lost, stolen or damaged personal property.
11.4 The Parent/Guardian or hirer is responsible for any damage to facilities or equipment caused by the Member, their guests or hire group, beyond fair wear and tear, and must pay the cost of repair or replacement upon request.
12. ICON / Facility Hire
12.1 Hire of the Centre of Excellence and ICON is subject to:
a) these Terms; and
b) any additional hire rules or conditions notified to the hirer.
12.2 The hirer is responsible for:
a) supervising all participants and spectators during the hire;
b) ensuring safe and appropriate use of the venue, ICON and any other equipment;
c) complying with all safety rules, capacity limits, noise restrictions and venue guidelines;
d) ensuring there is no food or alcohol inside the venue during hire; and
e) ensuring all attendees understand and follow the ICON-specific safety rules in clause 11.2.
12.3 Cancellations and rescheduling for Hire:
- The hirer cannot cancel a booking within 48 hours of the booking time. Within this period, the booking may only be rescheduled, subject to availability.
- Cancellations more than 48 hours before the booking may be rescheduled or credited at our discretion.
- Any cancellation or reschedule policy will be applied consistently with the Australian Consumer Law, including the rules for fair and reasonable cancellation fees.
12.4 We may terminate a hire immediately (without refund) if the hirer or their group behaves unsafely, damages property, misuses ICON or other equipment, breaches venue rules or otherwise breaches these Terms.
13. Privacy, Data & Communications
13.1 We collect personal information (including contact details and relevant health information) to administer Programs, ensure safety and operate M5 Football effectively.
13.2 We aim to handle personal information in accordance with applicable privacy and health record laws in Australia, including the Australian Privacy Principles where they apply.
13.3 By enrolling, the Parent/Guardian consents to us using their contact details to:
a) provide information about Programs, schedules, changes and member updates; and
b) send marketing and promotional material about M5 Football programs, events and offerings.
13.4 Parents/Guardians may opt out of marketing communications at any time by using the unsubscribe facility in emails or by contacting team@m5football.com.au.
13.5 Parents/Guardians may request access to, or correction of, personal information we hold about them or the Member. In some circumstances we may refuse a request where we are legally required or permitted to do so.
13.6 Parents/Guardians may ask us to delete or anonymise personal information. We may need to retain certain records (for example, safety, legal, insurance or financial records) for a period required by law or for legitimate business purposes.
14. Intellectual Property
14.1 All logos, branding, training materials, Program content, videos, session plans, website content and other intellectual property created or used by M5 Football remain our property (or that of our licensors).
14.2 Parents/Guardians and Members must not copy, reproduce, adapt, distribute or commercially exploit our intellectual property without our prior written consent.
15. Termination of Participation
15.1 We may suspend or terminate a Member’s participation or Membership immediately if:
a) Fees remain unpaid after reminders;
b) the Member or Parent/Guardian breaches these Terms or the behaviour expectations in clause 7;
c) the Member’s behaviour or condition poses a risk to themselves or others; or
d) we are directed to do so by a governing body or authority.
15.2 Where termination is due to breach or misconduct, no refund or credit is payable.
15.3 Clauses which by their nature are intended to survive termination (including clauses 5, 7, 8, 9, 11, 12, 13, 14, 17 and 18) continue in force after termination.
16. Complaints & Dispute Resolution
16.1 We encourage Parents/Guardians to raise concerns early and respectfully with our coaches or by emailing team@m5football.com.au.
16.2 We will use reasonable efforts to investigate and resolve complaints promptly and fairly.
16.3 If a dispute cannot be resolved informally, the parties agree to attempt to resolve it through mediation before commencing court proceedings, except where urgent injunctive relief is required.
17. Force Majeure
17.1 We are not liable for any delay, modification or cancellation of a Program or hire caused by events beyond our reasonable control, including but not limited to extreme weather, natural disaster, fire, flood, acts of government, pandemic restrictions, facility closure or other emergencies.
17.2 In such circumstances, we may modify Programs, relocate sessions, adjust activities or offer credits instead of refunds, consistent with the Australian Consumer Law.
18. Governing Law & Jurisdiction
18.1 These Terms are governed by the laws of New South Wales, Australia.
18.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts authorised to hear appeals from those courts.
19. Variation of Terms
19.1 We may amend these Terms from time to time by publishing the updated version on our website.
19.2 The amended Terms apply from the date of publication. Continued enrolment or participation after that date constitutes acceptance of the amended Terms.
20. Entire Agreement & Severability
20.1 These Terms constitute the entire agreement between the parties in relation to the Programs and any Hire Facility and supersede any prior representations or agreements concerning the same subject matter.
20.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.