Terms & Conditions
42k YOUR WAY FUNDRAISING EVENT – TERMS AND CONDITIONS
42k Your Way is a fundraising campaign scheduled through the month of August and involves me fundraising in a manner of my choosing for the Children’s Hospital Foundation.
I understand and agree that these terms and conditions are a legally binding agreement between me and the Children’s Hospital Foundation and apply to the Event and any other related event(s) in which I engage to raise funds for the Children’s Hospital Foundation. I understand and agree that these terms are binding on my heirs, assigns and legal representatives.
I acknowledge that the Event is being run to fundraise for the Children’s Hospital Foundation and I agree to abide by these terms and conditions and all rules, regulations, and instructions for the Event, as well as all applicable laws and regulations.
PARTICIPATION IN THE EVENT
I confirm I am at least 18 years old or I am a parent or legal guardian of the participant in the Event who is under the age of 18 years (my child).
I assert and confirm that my and/or my child’s participation in the Event is voluntary.
I am aware of and expressly assume all risks associated with me and/or my child participating in this Event.
I understand and acknowledge that the Children’s Hospital Foundation is not in a position to judge my and/or my child’s capacity, fitness or any other matter in relation to my and/or my child’s ability to participate in the Event. I assure the Children’s Hospital Foundation that it has no reason to conduct any special inquiry into my and/or my child’s capacity, fitness, or any other matter relating to my and/or my child’s ability to participate in the Event and I am not aware of any illness, injury or any other matter which may cause me and/or my child injury while participating in the Event.
I request the Children’s Hospital Foundation to treat my and/or my child’s request to participate in the Event and fundraise for the Children’s Hospital Foundation as being from a person fully capable of preparing, organising, holding and participating in the Event. I agree to put in place appropriate precautions before participating in the Event to ensure that any necessary medical assistance will be available to me and/or my child during and after the Event. I acknowledge that the Children’s Hospital Foundation is not responsible for organising or paying any costs involved with such medical assistance.
I agree to comply with any relevant federal, state or local legislation in addition to the local government health and safety guidelines.
PRIVACY AND USE OF PERSONAL INFORMATION
I acknowledge that the Children’s Hospital Foundation collects the personal information requested from me when I signed up to participate in the Event to facilitate and promote my and/or my child’s participation in the Event. This information is collected in accordance with the requirements under the Australian Privacy Principles, which are contained within Schedule 1 of the Privacy Act 1988 (Cth). I acknowledge that if the Children’s Hospital Foundation does not collect this personal information, me and/or my child will be unable to participate in the Event.
I acknowledge that the Children’s Hospital Foundation’ Privacy Policy at https://childrens.org.au/privacy-policy/ contains information about:
- how the Children’s Hospital Foundation may hold, use and disclose my personal information;
- how I can access personal information held by the Children’s Hospital Foundation and seek correction to this information;
- how I may complain about a breach of the Australian Privacy Principles and how the Children’s Hospital Foundation will deal with my complaint.
I agree that any photographs, video, film footage or audio recording of me and/or my child taken as part of the Event may be used by the Children’s Hospital Foundation, 42k Your Way and each of their respective affiliates, subsidiaries and agents for the purposes of promoting 42k Your Way and the Children’s Hospital Foundation and I hereby perpetually and irrevocably consent to any such use without payment or compensation and waive any rights I might have to object to such uses under parts IX and XIA of the Copyright Act 1968 (Cth). I acknowledge that if I have a public social media account and post content tagging @42kyourway and/or #42kyourway, that content may be automatically put onto the 42k Your Way website and/or public social media accounts.
I understand that the Children’s Hospital Foundation will endeavour to remove any photographs, video, film footage or audio recording of me and/or my child as soon as reasonably possible upon written request from me.
USE OF THE CHILDREN’S HOSPITAL FOUNDATION NAME & LOGO
The Children’s Hospital Foundation and 42k Your Way logos must not be used without the prior, specific, written permission of the Children’s Hospital Foundation.
CHILD SAFETY
The Children’s Hospital Foundation employees, volunteers, Board Members and contractors are subject to Codes of Conduct that include provisions to safeguard children and young people.
I confirm that I do not have any pending/current charges or past criminal convictions relating to a sexual offence or that are of a violent nature or assault. I have never been convicted, with or without trial of, pleaded guilty or no contest to a theft or fraud charge. I am not currently awaiting or attending a trial or been arrested for a theft, fraud charge, sexual offence, assault or crime of a violent nature. If I cannot confirm these matters, I understand and agree that I cannot participate in the Event.
If I am the parent or guardian of a child or young person participating in the Event, I agree not to post my child’s surname or location online or on social media, or any images or videos where my child’s surname or location may be identifiable (including hashtags that identify personal information or locations). I agree to ensure my child is dressed appropriately in any images or videos posted for the Event, and that no images or videos of my child will be taken in a bedroom, bathroom or other location that may jeopardise their safety. I acknowledge that even when privacy settings are activated on my and/or my child’s social media accounts, there is still a risk that any content posted on these accounts could be shared.
If my child is participating in the Event and is under the age of 13, I agree that their social media accounts will be created and moderated by me.
LIABILITY AND INDEMNITY
I agree to release, indemnify and hold harmless the Children’s Hospital Foundation, any beneficiaries, sponsors, officials, participating clubs, communities, organisations, volunteers, consultants, participants, third-party vendors, government or public entities and each of their respective affiliates, successors, officers, directors, employees, volunteers, agents, and representatives, including, without limitation, from all claims, actions, demands, suits or proceedings of any nature whatsoever which may be made by me, on my behalf, or by or on behalf of any other person, in respect of or arising out of any liability, loss, cost, damage or expense, including but not limited to damage to property, injury or death that I or any other person suffer during the course of, as a result of, or that is associated with, the Event (including during any preparation or planning for the Event or any associated activity) and however caused (whether due to the negligence or omission of the Children’s Hospital Foundation, its officials, employees, agents, contractors, volunteers or other personnel or otherwise).
I acknowledge that I am not relying, and will not rely, on the Children’s Hospital Foundation or any representation made by the Children’s Hospital Foundation or its officials, employees, agents, contractors, volunteers or other personnel in any way, including in preparing for, organising or participating in the Event.
TERMINATION AND GOVERNING LAW
I agree that my participation in the Event is subject to the sole discretion of the Children’s Hospital Foundation and that my participation may be limited or terminated, with or without cause.
I acknowledge and agree that the Children’s Hospital Foundation may also, in its absolute discretion, withdraw my authority to fundraise that the Children’s Hospital Foundation grants me, upon which I must immediately cease participating in the Event.
This agreement is governed by the laws of the State of Queensland and the Queensland courts shall have exclusive jurisdiction for any dispute arising under or relating to this agreement.
HOW TO CONTACT US
If you have any questions about the 42k Your Way campaign, these Terms and Conditions or the Children’s Hospital Foundation generally please contact 07 3606 6100
If you have any questions about the Children’s Hospital Foundation’s Privacy Policy or if you would like a hard copy of the Privacy Policy, please email privacy@childrens.org.au or phone 1300 742 554 during business hours.
