These Marketplace Terms apply to the First Responder Sports Academy website, platform, applications, marketplace, member services and associated digital services (collectively, the Platform). By accessing or using the Platform, registering as a member, making a booking, joining a team, organising or participating in an activity, or otherwise using any functionality provided through the Platform, you acknowledge that you have read, understood and agree to these Marketplace Terms.
1. Nature of the Platform
First Responder Sports Academy (FRSA, we, us, our) operates a digital technology platform and two-sided marketplace. The Platform is designed to facilitate connections between: first responders and other eligible users; sporting participants; teams; sporting venues; sporting facility operators; sporting activity providers; coaches and instructors; event organisers; community organisations; businesses; sponsors; and other independent third parties. The Platform provides technology that may assist users to discover, communicate with, connect with, arrange, book or access sporting activities, sporting venues, events, businesses and other services offered by independent third parties. FRSA is a technology platform and marketplace. FRSA is not, merely by providing the Platform, the organiser, operator, owner, controller, manager, coach, referee, instructor, medical provider, physiotherapist, employer, insurer or supervisor of any third-party sporting activity, venue or service. Unless expressly stated otherwise, FRSA does not itself provide the sporting activity, venue, facility, coaching, instruction or physical service accessed by a user.
2. FRSA Is Not the Sporting Activity Provider
Users expressly acknowledge that sporting activities, venues, facilities and services accessed through the Platform may be provided by independent third parties. The relevant third party is responsible for the activity, venue, facility or service it provides. This may include responsibility for: venue operation; facility management; equipment; staffing; coaching; instruction; supervision; refereeing; sporting rules; participant management; safety procedures; venue maintenance; insurance; licences; permits; qualifications; regulatory compliance; and delivery of the sporting activity or service. FRSA does not assume responsibility for these matters merely because a venue, provider, organiser, activity or participant has been discovered, listed, promoted, contacted or booked through the Platform.
3. Independent Third-Party Relationships
Third-party venues, providers, organisers, businesses, teams and participants are independent entities. FRSA does not employ, control, supervise or manage those third parties unless expressly stated otherwise. The inclusion of a third party on the Platform does not constitute a guarantee, certification or representation by FRSA regarding that third party’s: quality; suitability; qualifications; experience; financial position; insurance; safety; facilities; equipment; services; conduct; or compliance with applicable laws. Users are responsible for making whatever enquiries they consider appropriate before participating in an activity or entering into an arrangement with a third party.
4. User’s Decision to Participate
Participation in sport, recreation and physical activity is voluntary. Each user is responsible for deciding whether they wish to participate in an activity. Before participating, users are responsible for considering their own: physical condition; fitness; experience; skill level; health circumstances; injuries; limitations; personal safety; ability to safely participate; and ability to comply with the relevant venue or activity requirements. Users should obtain independent medical or professional advice where they consider it appropriate. FRSA does not assess, certify or determine whether a user is medically, physically or otherwise suitable to participate in any activity. Registration, membership or successful booking through the Platform does not constitute confirmation that a user is fit or suitable to participate.
5. Assumption of Risk
Users acknowledge that participation in sport, recreation, physical activity and use of sporting facilities involves inherent and foreseeable risks. Such risks may include, without limitation: physical injury; serious injury; illness; aggravation of an existing injury; disability; psychological distress; collision with other participants; falls; contact with equipment; misuse or failure of equipment; uneven or unsuitable surfaces; adverse weather; dehydration; fatigue; overexertion; acts or omissions of other participants; conduct of third parties; transport-related risks; property damage; and in extreme circumstances, death. By voluntarily choosing to participate in an activity, users acknowledge and accept the inherent and foreseeable risks associated with that activity, subject to any rights or protections that cannot legally be excluded.
6. Personal Health, Safety and Wellbeing
Users are responsible for their own health, safety and wellbeing while using the Platform and participating in activities accessed through it. Users must exercise reasonable judgement and should not participate where they believe participation may place themselves or another person at unreasonable risk. Users are responsible for: determining whether they are capable of participating; obtaining medical advice where appropriate; providing relevant information to the activity provider where reasonably necessary for safe participation; following applicable safety instructions; complying with venue rules; using equipment appropriately; stopping participation where they believe it is unsafe to continue; and seeking emergency or medical assistance where necessary. FRSA does not provide medical, fitness, rehabilitation or health advice through its marketplace services.
7. No Medical or Fitness Assessment
FRSA does not provide medical assessments, fitness assessments, injury assessments or clinical advice as part of its ordinary marketplace functions. FRSA does not determine whether a user is: fit to play; medically cleared; physically capable; appropriately trained; appropriately conditioned; or suitable for a particular sport. Information displayed through the Platform regarding sporting activities should not be relied upon as a substitute for independent professional advice.
8. Venues and Facilities
Where a user accesses a sporting venue or facility through the Platform, the relevant venue or facility operator remains responsible for the operation and management of that venue or facility, subject to applicable law. Users are responsible for complying with: venue rules; conditions of entry; safety requirements; participant requirements; and reasonable directions from the venue or provider. FRSA does not control the physical condition, maintenance, staffing, equipment or operation of third-party venues. Concerns regarding a venue or facility should be directed to the relevant venue or provider in the first instance.
9. Bookings
The Platform may provide technology that enables users to discover or access booking opportunities. Where a booking relates to a third-party venue, activity or provider, the booking is subject to the applicable terms and conditions of that third party. Users are responsible for reviewing those terms before completing a booking. Unless expressly stated otherwise, FRSA does not guarantee: availability; accuracy of availability information; continued availability; venue operating hours; suitability of a venue; quality of facilities; cancellation arrangements; refunds; substitutions; changes to bookings; or continued operation of a third-party provider. Facilitating a booking, communication or transaction does not make FRSA the provider or operator of the underlying sporting activity.
10. Cancellations, Changes and Disputes
Third-party venues and providers may establish their own cancellation, refund and rescheduling policies. These policies may differ between providers. Unless expressly stated otherwise, FRSA is not responsible for losses arising from a third party’s: cancellation; postponement; closure; refusal of service; failure to provide a facility; failure to provide equipment; change of operating hours; change to an activity; or failure to provide a service. Disputes concerning the actual provision of a third-party service should ordinarily be directed to the relevant provider.
11. Insurance
Unless expressly stated otherwise, FRSA does not provide users with personal accident, health, sporting, injury, income protection, travel, property or other insurance. Users are responsible for determining whether they require insurance and for obtaining insurance appropriate to their circumstances. Third-party venues, providers and organisers are responsible for determining and maintaining any insurance required for their own operations. Where a third party states that it holds insurance, users should independently satisfy themselves regarding the nature, scope and adequacy of that insurance.
12. User-to-User Activities
The Platform may allow users to: find other players; create teams; organise games; invite participants; communicate with other users; arrange informal sporting activities; and participate in user-created activities. FRSA does not ordinarily supervise, manage, referee or control activities independently arranged between users. Users are responsible for their own conduct and interactions with other users. Users should exercise appropriate judgement when meeting or participating with people they have connected with through the Platform.
13. User Conduct
Users must behave responsibly and respectfully. Users must not: engage in threatening behaviour; engage in violence; harass another participant; unlawfully discriminate against another person; intentionally damage property; participate while materially impaired by alcohol or drugs; disregard reasonable safety instructions; intentionally create an unsafe environment; or use the Platform for unlawful purposes. FRSA may suspend or terminate a user’s access where it reasonably considers that the user’s conduct presents a safety, legal, reputational or operational risk.
14. Children and Young People
Where activities are made available to persons under 18 years of age, additional consent, supervision and safeguarding requirements may apply. A parent or legal guardian is responsible for ensuring that any child or young person participating through the Platform is appropriately supervised and suitable to participate. Nothing in these Terms removes or limits any legal obligations relating to children or young people.
15. Information Provided by Third Parties
The Platform may contain information supplied by third parties. FRSA does not guarantee that third-party information is: complete; current; accurate; error-free; suitable; reliable; or continuously available. Users should independently verify information that is important to their participation, safety, booking or financial decision.
16. No Guarantee of Third-Party Services
FRSA does not guarantee the performance, quality, safety, legality, suitability or reliability of any third-party provider, venue, activity, organiser or service. The inclusion of a provider, venue, activity or business on the Platform does not constitute a warranty or guarantee by FRSA. Users make their own decisions regarding whether to participate, book, attend or transact with third parties.
17. Release
To the maximum extent permitted by law, a user releases and holds harmless FRSA, its owners, directors, officers, employees, contractors, agents and technology providers from claims arising from the user’s voluntary participation in third-party activities or use of third-party venues, except to the extent that such release is prohibited by law. This release applies to claims arising from matters including: participation in sporting activities; use of sporting facilities; interactions with other participants; conduct of third parties; third-party equipment; third-party facilities; cancellation or alteration of activities; failure of third parties to perform their services; and arrangements entered into directly between users and third parties. Nothing in this clause excludes liability that cannot lawfully be excluded.
18. Limitation of Liability
To the maximum extent permitted by applicable law, FRSA excludes liability for any loss, damage, injury, claim, cost or expense arising out of or connected with: use of the Platform; participation in third-party sporting activities; use of third-party venues; conduct of other users; conduct of third-party providers; equipment supplied by third parties; facilities operated by third parties; cancellation or alteration of third-party activities; information supplied by third parties; transactions between users and third parties; or any other activity undertaken independently by a user following a connection made through the Platform. Where liability cannot lawfully be excluded, FRSA’s liability is limited to the maximum extent permitted by law. Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, warranty or remedy that cannot legally be excluded, restricted or modified.
19. Indemnity
To the maximum extent permitted by law, users agree to indemnify and hold harmless FRSA, its owners, directors, officers, employees, contractors and agents against claims, liabilities, losses, damages, costs and expenses arising from: the user’s breach of these Terms; the user’s unlawful conduct; the user’s negligent or reckless conduct; damage caused by the user to property; the user’s conduct towards another person; the user’s use of a third-party facility; the user’s participation in an activity; information supplied incorrectly by the user; or the user’s dealings with another user or third-party provider. This indemnity does not apply to the extent that the relevant loss arises from conduct for which FRSA is legally responsible and cannot lawfully exclude or limit liability.
20. Emergencies
FRSA is not an emergency medical, safety or rescue service. In an emergency, users must contact the appropriate emergency services or relevant venue personnel. Users must not rely upon the Platform as a mechanism for obtaining emergency assistance.
21. Platform Availability
FRSA does not guarantee that the Platform will: always be available; operate without interruption; be free from errors; be free from technical faults; remain unchanged; contain uninterrupted third-party services; or remain compatible with all devices or systems. FRSA may modify, suspend or discontinue aspects of the Platform from time to time.
22. Marketplace Principle
The fundamental operating principle of the Platform is: FRSA provides the connection. The user chooses whether to participate. The relevant provider provides and manages the activity. FRSA’s role is to facilitate discovery, connection, communication and marketplace functionality. The Platform does not become the organiser or operator of an activity merely because: a user discovered the activity through FRSA; a user contacted a provider through FRSA; a user booked through functionality made available by FRSA; the activity appears on the FRSA website; FRSA promotes the activity; FRSA receives a commission or marketplace fee; or the provider participates in the FRSA Partner Network.
23. Partner Businesses and Venues
Businesses and venues participating in the FRSA Partner Network remain independent businesses. Participation in the Partner Network does not create an employment, agency, partnership, joint venture or operational relationship with FRSA unless expressly agreed in writing. Partner businesses remain responsible for: their own operations; staff; facilities; products; services; pricing; discounts; promotions; safety; insurance; regulatory compliance; and customer service. FRSA does not guarantee that a partner offer will remain available or that a partner will honour an offer where the user has not complied with applicable conditions.
24. Sponsors and Commercial Partners
Sponsors and commercial partners are independent parties. Sponsorship, advertising or promotional relationships do not constitute an endorsement or guarantee by FRSA of a sponsor’s products or services unless expressly stated. Users are responsible for making their own purchasing decisions.
25. User’s Responsibility for Information
Users must provide accurate information when registering, booking or participating through the Platform. Users must not provide information that is materially false, misleading or fraudulent. Users remain responsible for the accuracy of information they provide regarding their sporting participation, team, booking or other activity.
26. Third-Party Terms
A third-party provider may require users to agree to additional terms before participating. These may include: waivers; venue rules; booking conditions; cancellation policies; participant requirements; age restrictions; safety requirements; insurance requirements; and other conditions. Users are responsible for reading and complying with those terms.
27. No Agency
Use of the Platform does not create an agency, employment, partnership, franchise, joint venture or fiduciary relationship between FRSA and any user, venue, provider, organiser, team, sponsor or other third party unless expressly agreed in writing. No party is authorised to represent that it has authority to bind FRSA unless such authority has been expressly provided.
28. Survival
The provisions relating to assumption of risk, responsibility, releases, limitations of liability, indemnities, disputes and any other provisions intended by their nature to survive termination will continue to apply after a user’s account or access to the Platform ends.
29. Changes to These Terms
FRSA may update these Marketplace Terms from time to time. The updated version will be published on the Platform and will apply from the date specified in the updated Terms, subject to applicable law. Users should periodically review these Terms before using the Platform.
30. Governing Law
These Terms are governed by the laws of Western Australia and applicable laws of the Commonwealth of Australia. Users submit to the applicable courts and tribunals exercising jurisdiction in Western Australia, subject to any mandatory legal rights or protections that apply to the user.
31. Severability
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue to operate to the fullest extent permitted by law.
32. Entire Agreement
These Marketplace Terms, together with any other applicable Platform terms, privacy policy, booking conditions and specific terms presented to the user, constitute the agreement governing the user’s use of the relevant Platform services.
33. Electronic Acceptance
By registering for an account or membership with First Responder Sports Academy, users will be required to confirm their acceptance of these Marketplace Terms. The registration process will include a mandatory acknowledgement checkbox. The account or membership registration cannot be completed unless the user confirms their acceptance. The acceptance may be recorded electronically by the Platform as evidence that the user agreed to these Terms at the time of registration. Users may also be required to confirm acceptance of updated Terms where FRSA determines that renewed acceptance is appropriate.
34. Mandatory Registration Acknowledgement
During first-time registration, the following acknowledgement will be presented to the user:
“☐ I have read and agree to the First Responder Sports Academy Marketplace Terms, including the User Responsibility, Assumption of Risk, Release, Limitation of Liability and Indemnity provisions. I understand that First Responder Sports Academy is a technology platform and marketplace connecting users with independent sporting venues, providers, organisers and other participants, and that I am responsible for my own decision to participate, health, safety and wellbeing, subject to rights and protections that cannot legally be excluded.”
The checkbox must be actively selected by the user before registration can be completed.
35. Continuing Acceptance
By continuing to use the Platform after registering, users acknowledge that these Marketplace Terms continue to govern their use of the Platform, subject to any updated Terms published by FRSA. Where FRSA requires renewed acceptance of updated Terms, the user may be required to confirm acceptance before continuing to access particular Platform functionality.
36. Important Marketplace Notice
“FRSA is a technology platform and marketplace connecting users with independent sporting venues, providers, organisers and participants. FRSA does not ordinarily operate, manage, supervise or provide the sporting activities or facilities listed on the Platform. Participation is voluntary and users are responsible for assessing their own suitability, health, safety and wellbeing and complying with the requirements of the relevant provider or venue.”
37. User Acknowledgement
By registering for and using the Platform, users acknowledge that: FRSA operates as a technology platform and marketplace; FRSA connects users with independent third parties; FRSA does not ordinarily operate or manage third-party sporting activities or venues; the decision to participate belongs to the user; users are responsible for assessing their own suitability to participate; users are responsible for complying with applicable venue and provider requirements; third-party providers are responsible for the activities and facilities they provide; sporting and physical activities involve inherent risks; FRSA does not provide personal accident or sporting insurance unless expressly stated otherwise; and to the maximum extent permitted by law, users accept responsibility for their own decisions and participation. Nothing in these Terms is intended to remove any legal right or remedy that cannot lawfully be excluded.