Terms and Conditions

Participation Terms and Conditions

Your completed registration form for a Hustle Pass and an Event (as applicable), and these Terms and Conditions of Participation (Participation Terms and Conditions), are the terms and conditions upon which you participate in any 3×3 Hustle event (Event), as organised by Australia 3×3 Hustle Pty Ltd ABN 71 464 229 202 (3×3 Hustle).

1. Registration

(a) You must:

(i) complete the online Event registration;

(ii) hold a valid 3×3 Hustle Pass which can be accessed via https://www.3x3hustle.com/hustle-pass/ (Hustle Pass), noting the terms set out below in paragraph 2;

(iii) pay the registration fee to 3×3 Hustle by completing the online credit card section during an online registration (Fee);

(iv) agree to the Player Code of Behaviour (as set out in these Participation Terms and Conditions); and

(v) agree that you will comply with any policy issued by 3×3 Hustle and all applicable laws, including 3×3 Hustle’s privacy policy.

(b) You warrant that you do not have any known pre-existing medical or other condition which makes it unsafe to participate in the Event and agree that you will, if requested by 3×3 Hustle, provide a certificate from a duly qualified medical practitioner certifying that you are fit to participate in the Event and authorise 3×3 Hustle (or a party authorised by 3×3 Hustle) to obtain medical treatment for myself or the participant in the case of an emergency, including ambulance transportation and agree to pay in full for any cost so incurred.

(c) 3×3 Hustle is not required to and may only at its election:

(i) process any registration that is incomplete, unclear, or is not accompanied by the Fee; or

(ii) accept any changes to the registration, except for a change of team name, email address or phone number.

2. Hustle Pass Membership

(a) There are three (3) Hustle Pass membership options: (i) Baller memberships (Baller Hustle Pass); (ii) Rookie memberships (Rookie Hustle Pass); and (iii) Fan memberships (Fan Hustle Pass), collectively referred to as the “Membership” or “Memberships”.

(b) The Baller Hustle Pass is offered on a 12 month basis charged at $90 per year. You must pay the fee upfront. The Rookie Hustle Pass is offered on a yearly basis charged at $20 per year. The Fan Hustle Pass is offered on a yearly and is a Free pass.

(c) The Fees for the Baller Hustle Pass and the Rookie Hustle Pass must be paid upfront, including applicable taxes and other charges and fees that may be incurred.

(d) To sign up for a Membership you must be over the age of 18 or have parent/guardian permission.

(e) Direct debit payments are managed by Stripe Payment (Stripe). Stripe accepts Visa, Mastercard, American Express and some debit cards. Should you fail a payment you will be notified by email and text message and Stripe will reprocess your account 48 hours after the initial failed payment. Stripe will attempt to collect failed payments three (3) times, following which your account will be lodged with a debt collector. You as the account holder will be liable for any additional costs associated with enlisting a debt collector. In the event Stripe cannot charge your account, 3x3Hustle reserves the right to discontinue or terminate your Membership.

(f) Your Membership is a subscription that will run for a period of 12 months. Following the expiry of such 12 month period, you will be downgraded to a Fan Hustle Pass until you renew you Membership.

(g) Subject to law and to the special cancellation circumstances below, Membership cancellation is not permitted during a 12 month period. A Membership can only be cancelled, by way of not renewing, at each yearly renewal period. This is vital for the scheduling of 3×3 Hustle tournaments and games, to cover costs and to ensure there is sufficient participation in the Events.

(h) Other than where mandatory under law, 3×3 Hustle will only allow cancellation of Memberships in special circumstances, including where members have suffered serious injury preventing adequate use of their Membership, disability or death. All decisions regarding cancellation shall be made by 3x3Hustle at its absolute discretion, and any decision of 3x3Hustle is final. Cancellation requests for special circumstances are to be sent in writing to info@3x3Hustle.com. This may require a medical certificate.

(i) Except for your statutory rights which are unaffected, you agree that all fees and charges assessed by us are non-refundable. Non-refundable fees include the full monthly fee for any month (or portion thereof) of a Membership regardless of whether you participated in any Event or used any 3x3Hustle services during that period.

(j) 3×3 Hustle reserves the right to increase Membership charges and fees, or to institute new Membership charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as 3×3 Hustle may deem appropriate from time to time (including electronic mail, text message or conventional mail).

(k) For the purposes of your access to and use of the Membership, including identification, billing and shipping, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Membership (Subscription Data), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to 3×3 Hustle to ensure it is accurate at all times. Without limiting any other provision of these Participation Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or 3×3 Hustle have reasonable grounds to suspect that such is the case, 3×3 Hustle reserves the right to suspend or terminate your Membership and refuse any and all current or future use and/or access by you of any of the Membership or the 3×3 Hustle website (or any portion thereof). You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.

(l) If your Membership is revoked for any reason, you agree not to register or sign up again using another username or through any other means. If 3×3 Hustle have reason to suspect, in their sole discretion, that your account has previously been terminated, 3×3 Hustle reserves the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Participation Terms and Conditions or by law.

3. Participant Liability Waiver Form

(a) When registering for a Hustle Pass, all participants must complete a Participant Liability Waiver Form. At the time of registering for an Event, you represent and warrant that you have read, understood, signed and returned to 3×3 Hustle the Participant Liability Waiver (via your Hustle Pass registration).

(b) If you have any queries prior to signing the waiver, please contact 3×3 Hustle prior to completing your Hustle Pass or Event registration.

(c) Participants who have not provided a signed Participant Liability Waiver will not be granted permission to participate in any Event.

4. Limitation of Liability and Release

(a) You understand that there are inherent risks associated with participation in the Event, which may result in personal injury (even of a serious nature) to you and that you fully accept and agree to bear those risks.

(b) You agree not to bring any claim, demand, action or proceeding against 3×3 Hustle (which shall include its directors, employees, agents and volunteers) for any damage, loss or injury whatsoever that you may suffer from participation in the Event.

(c) 3×3 Hustle’s liability to you (including that of its directors, employees, agents and volunteers) is limited (at 3×3 Hustle’s election) to 3×3 Hustle repaying any amounts paid by you under these Participation Terms and Conditions to 3×3 Hustle or supplying or resupplying any services to which you are entitled in accordance with these Participation Terms and Conditions.

(d) You understand that as a registered player holding a current Hustle Pass participating in the Event you may be entitled to certain insurance benefits as detailed at https://www.3x3hustle.com/hustle-pass/. You accept that the level of cover provided is the level selected by 3×3 Hustle and is not intended to be comprehensive cover and does not include cover for expenses claimable from Medicare or the Medicare “Gap”, which cannot be insured through personal injury insurance. These items may be claimable through your private health insurance and it is strongly recommended that you investigate your personal insurance needs and consider the benefits of obtaining relevant insurance, for example private health insurance and ambulance subscription. You understand that this sports injury insurance covers registered participants only.

(e) You acknowledge there is an unquantifiable risk of transmission of viral illness including COVID-19 associated with participation in the Event and you have considered that risk and your personal circumstances, including any vulnerability that you may have or that of persons whom you will be in close contact with following your participation in the Event. You acknowledge that COVID-19 may have very serious health consequences. By your participation in the Event you acknowledge and accept these risks.

5. Event Cancellation, Refunds and Termination

(a) Once you have registered and paid for the Event, unless required at law, a refund will be provided to you if:

(i) you have a medical condition which prevents you from activity in the Event (a doctor’s certificate will be required); and

(ii) for change of mind up the date registrations close.

All refund requests and questions regarding a refund should be directed via email to info@3x3Hustle.com.

(b) Strictly no refund of the Fee will be provided within 48 hours of the Event.

(c) 3×3 Hustle may terminate your participation in the Event on reasonable grounds at any time, including if your behaviour interferes with another participant’s safety or enjoyment of the Event, breaches these Participation Terms and Conditions or the Player Code of Behaviour. In such circumstances, no refund will be provided to the participant.

(d) 3×3 Hustle may, in its absolute discretion, change the dates, times, duration and location of the Event, where the Event will be postponed. If a registered attendant cannot attend the rescheduled Event date, upon request, a refund may be provided by 3×3 Hustle.

(e) Subject to all applicable laws and the Limitation of Liability contained in these Participation Terms and Conditions, 3×3 Hustle is not liable to you for any loss or damage you suffer as a result of the Event or part of the Event being cancelled, postponed or changed.

6. Player Code of Behaviour

By registering in the Event you agree that you understand and will adhere to the following (the Player Code of Behaviour):

(a) Play fairly and within the spirit of basketball and by the rules of the Event;

(b) Never argue with a coordinator, coach or volunteer;

(c) Never bully or take unfair advantage of another participant in the Event; and

(d) Show respect to all participants regardless of their gender, race, ability, colour, religion, language, politics or national or ethnic origin.

7. Use of Image

(a) You consent to 3×3 Hustle (or a party authorised by 3×3 Hustle) to film, photograph or record you or otherwise use your name, image, voice or likeness (Attributes) in any form or medium for publicity, marketing and promotional activities related to 3×3 Hustle, its partners or sponsors. You expressly release 3×3 Hustle (or a party authorised by 3×3 Hustle) from and against all claims or any cause of action which you may have arising out use of your Attributes.

8. Privacy

(a) Personal information that 3×3 Hustle collects on registration is used for the purpose of processing your Hustle Pass registration and/or Event registration, as applicable. 3×3 Hustle may also use this information to send you 3×3 Hustle, National Basketball League marketing and promotional materials and other related information or offers.

(b) 3×3 Hustle may disclose your information to other organisations for the purpose of processing your Hustle Pass registration and/or Event registration, research and

development and performance evaluation. These organisations are required to keep your contact details confidential and to use them only for the stated purposes. (c) All information supplied by you is subject to 3×3 Hustle’s Privacy Policy.