1. I warrant that I have read, considered, reviewed and understood this document, and the Local Coordinator Registration Form prior to submitting my application to participate in Heart Foundation Walking as a Local Coordinator.
2. I will comply with all Heart Foundation training requirements including the Local Coordinator Training & Implementation Resources and all further training or education as required by the Heart Foundation.
3. I agree that any dispute arising under or in relation to these terms and conditions shall be subject to the laws and courts of the State or Territory in which I participate in the Heart Foundation Walking program.
4. I warrant that I am over 18 and of full capacity.
5. In conducting or participating in HFW Activities, I must comply with any instructions as detailed in the Local Coordinator Training & Implementation Resources and any directions relating to HFW Activities received from any one or more of a Heart Foundation representative or a Host Organisation representative.
6. I will not conduct, organise, undertake or otherwise be involved in any activity that purports to be approved by or associated with HFW unless I have the Heart Foundation’s prior written approval to do so.
7. I warrant that for so long as I am a Local Coordinator, I will keep aware of and understand the Walker Terms and Conditions, the Walker Handbook, the Walk Organiser Terms and Conditions and the Walk Organiser Handbook.
8. I will acknowledge the Heart Foundation and specified HFW funding partners when promoting HFW in accordance with the Heart Foundation Walking Brand Guidelines.
9. I agree to use the following statement to describe HFW when promoting the program: “Heart Foundation Walking is Australia’s largest community-based walking network coordinated locally by (insert Host Organisation)”.
10. I accept in my sole responsibility all risks and liabilities that may arise from my participation in HFW, including the risk of injury or loss or life, and I release the Heart Foundation and all Heart Foundation Associates from claims, liability, demands and proceedings arising from or in relation to any loss, damage, expense or personal injury which may be sustained by me as a result of or in connection with:
a) any neglect, act, omission or failure on the part of the Heart Foundation (including its servants, agents, volunteers or employees) or Heart Foundation Associates; or
b) my participation in HFW.
11. I indemnify the Heart Foundation and Heart Foundation Associates (collectively, Those Indemnified) against:
a) all losses incurred by Those Indemnified;
b) all liabilities incurred by Those Indemnified; and
c) all costs actually payable by Those Indemnified to their legal representatives (whether or not under a costs agreement) and other expenses incurred by Those Indemnified in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal), arising as a result of or in connection with my participation in the HFW Activities.
12. I must provide true and correct information to the Heart Foundation and promptly notify the Heart Foundation of any changes.
13. I consent to the publication in any form of media of my name and details of my participation in HFW. I understand that my contact information will be made publicly available so that persons interested or involved in HFW can get in contact with me. I will promptly advise the Heart Foundation of any change to my contact details. I will immediately advise the Heart Foundation in writing if I am no longer employed by my Host Organisation.
14. I acknowledge that the Heart Foundation will post the current version of this document for my consultation at https://walking.heartfoundation.org.au and that I will be notified of forthcoming changes by notice posted to the website.
In these terms and conditions:
Heart Foundation means the National Heart Foundation of Australia (ABN 98 008 419 761);
Heart Foundation Associates means all persons or corporations associated or affiliated directly or indirectly with the Heart Foundation;
Heart Foundation Walking means the Heart Foundation’s program to establish and promote participation in Walking;
Heart Foundation Walking Brand Guidelines means the brand guidelines available at https://walking.heartfoundation.org.au as amended from time to time by the Heart Foundation;
HFW means Heart Foundation Walking;
HFW Activities means all activities associated with Heart Foundation Walking;
Host Organisation means an organisation participating in HFW with a view to promoting Walking in their area;
Local Coordinator means a person nominated by the Host Organisation, who is either an employee of the Host Organisation or a representative funded by the Host Organisation (unless otherwise agreed by the Heart Foundation in writing), who coordinates HFW Activities in their local area on behalf of the Host Organisation, including being the primary point of contact for Walk Organisers and walking groups in their area;
Local Coordinator Training & Implementation Resources means the training module to be completed to understand and carry out the role of a HFW Local Coordinator as amended from time to time by the Heart Foundation.
Terms and Conditions means this document;
Walk Organiser means a person who manages and organises a HFW Walking group;
Walker means an individual participating (or intending to participate) in HFW; and
Walking means ambulation (or the use of a wheelchair or other mobility aid) on a firm surface. For the avoidance of doubt, Walking excludes walking in water.
Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you —
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
By participating in the HFW Activities, you will be agreeing that your rights to sue the supplier under the Civil Liability Act in the State or Territory in which you undertake the HFW Activities, or any other law, if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this document.