1. I warrant that I have read, considered, reviewed and understood these Terms and Conditions, the Walk Organiser Handbook and the information required by the Walk Organiser Registration Form prior to submitting my application to participate in HFW as a Walk Organiser.
2. I warrant that at the time of application to become a Walk Organiser that I am also a Walker duly registered to participate in HFW, and that I will remain a Walker duly registered to participate in HFW for the duration of my registration as a Walk Organiser.
3. I will comply with all Heart Foundation training requirements including the Walk Organiser training module and all further training or education as required by the Heart Foundation.
4. 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.
5. I warrant that I am over 18 and of full legal capacity.
6. In conducting or participating in HFW activities, I must comply with any instructions in the Walk Organiser training module and Walk Organiser Handbook; and any directions relating to HFW activities received from any one or more of: a Heart Foundation representative, a Local Coordinator or a Host Organisation representative.
7. 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.
8. I accept all risk, responsibility and liability whatsoever and howsoever arising from or in connection with such of my children and/or dogs (if any) that accompany me in or in relation to HFW Activities.
9. I acknowledge and understand that the Heart Foundation maintains an insurance policy that may provide coverage for me in my capacity as a Walk Organiser, provided that:
a) I am acting as a volunteer for the Heart Foundation; and
b) I have complied with all applicable requirements of that insurance policy.
10. To the extent that through my own acts or omissions I and/or the Heart Foundation is/am not covered by the insurance policy referred to at clause 9 above, 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 Heart Foundation Associates from any 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 or Heart Foundation Associates; or
b) my participation in HFW.
11. To the extent that through my own acts or omissions I and/or the Heart Foundation is/am not covered by the insurance policy referred to at clause 9 above, I indemnify the Heart Foundation and Heart Foundation Associates (collectively, Those Indemnified) against:
a) losses incurred by Those Indemnified;
b) liabilities incurred by Those Indemnified; and
c) 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 HFW and HFW Activities.
12. I must provide true and correct information to the Heart Foundation and promptly notify the Heart Foundation of any changes to provided information.
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.
14. I acknowledge that the Heart Foundation reserves the right, in its sole discretion, to exclude or reject me from participating in HFW at any time and without notice or explanation to me.
15. I acknowledge that the Heart Foundation will post the current version of this document for my consultation at www.heartfoundation.org.au/walking and that I will be notified of forthcoming changes by notice posted to the website.
16. If I do not consent to be bound by this document as varied from time to time, I must immediately withdraw from my role as Walk Organiser in HFW.
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;
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 the person employed or funded by the Host Organisation and appointed to coordinate walking activities of HFW;
Terms and Conditions means this document;
Walk Organiser means a person who manages and organises a HFW Walking group;
Walk Organiser Handbook means the publication provided to individuals participating (or intending to participate) in HFW as a Walk Organiser by the Heart Foundation, in relation to the HFW program;
Walk Organiser Registration Form means the form to be completed available for those interested in participating in Heart Foundation Walking as a Walk Organiser;
Walk Organiser Training Module means the training module to be completed to understand and carry out the role of a HFW Walk Organiser;
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.