Terms & Conditions - One Foot Forward
Please read all terms carefully as this is a legal document that affects your rights.
1. I acknowledge that One Foot Forward and any associated training including training walks involve certain inherent risks of injury or even death from various causes including but not limited to walking on roads and uneven, steep or rocky surfaces, and at night by torch light in the open natural environment and under prevailing weather conditions. I am aware of the hazards involved and engage in the activity at my own risk.
2. I acknowledge that the activity involves significant risk of physical harm or personal injury including permanent disability and/or death to participants and that any such injury or loss may result not only from the actions of Black Dog Institute (BDI), its employees but from the actions, omission or negligence of others.
3. I acknowledge that the activity is a "recreational service" as defined in the Competition and Consumer Act 2010 (Cth) and the liability of BDI (including for death or personal injury) arising out of the failure by BDI, its employees or volunteers to comply with any consumer guarantees under that Act is excluded to the maximum extent permitted by that Act.
4. I acknowledge that to the maximum extent permitted by law BDI is excluded from all liability to me, including negligence and whether my loss or damage has occurred to my person or my property. Where that liability cannot be excluded, the liability of BDI is limited to the maximum extent permitted by law.
5. I acknowledge that BDI shall not be responsible to me for any punitive, exemplary, incidental, special or consequential damages including, but without limitation loss of profits, loss of revenue, loss or denial of opportunity, indirect/remote/abnormal or unforeseen loss or any similar loss whether in the reasonable contemplation of BDI or me.
6. I acknowledge that the activity may be physically demanding in some susceptible individuals and may involve exposure to the natural elements and extreme weather and other circumstances over which the charity has no control.
7. I certify that I am physically fit to take part in and train for this event and have not been advised otherwise by a qualified Medical Professional. I am not suffering from a medical condition that would make me unfit to participate in the event.
8. I understand that the terms herein are contractual, serious - not a mere recital and form the basis of the Agreement by which I participate; and that I have signed this document of my own free act.
9. I further acknowledge that I have been advised by the principals, servants and/or agents of BDI of the risks associated with the activities and to the extent permitted by law, I have voluntarily assumed those risks.
10. I understand that nothing in this contract limits or excludes provisions made in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or other applicable legislation and that despite my signing of this contract I will still have the benefit of consumer protection.
11. I acknowledge this Agreement is governed by the Laws of NSW including the Civil Liability Act 2002 as amended.
12. I further acknowledge that this document may be relied upon in any proceedings instituted in any Court by me or my heirs, executors and assigns.
13. I have read and understood the One Foot Forward Terms and Conditions.
14. I further state that I am of lawful age and legally competent to sign this acknowledgement.
There are some regulations that need to be kept in mind when you are fundraising for the Black Dog Institute. These include:
Any fundraising activity undertaken by a third party to raise funds for the Black Dog Institute will be conducted by that individual or group/committee and is the sole responsibility of the person/s making the application to the Black Dog Institute.
The Black Dog Institute reserves the right to refuse approval of any proposed
fundraising activity deemed to be unacceptable or non-aligned with the Black Dog brand.
The Black Dog Institute is not responsible for any expenses incurred by you in undertaking your fundraising activities. The person/parties authorised to fundraise are responsible for payment of all expenses in relation to the agreed fundraising activity.
The Black Dog Institute is unable to secure raffle or auction prizes for your fundraising activity.
The Black Dog Institute does not provide public liability insurance for fundraising events organised by a third party. Organisers will need to take out their own Public Liability Insurance.
The Black Dog Institute accepts no responsibility for any accidents or incidents that occur during the organisation or running of the approved fundraising activity. You indemnify Black Dog Institute in any insurance you undertake in relation to your activity.
It is the responsibility of the person/parties authorised to undertake the fundraising activity to gain any licences or approvals to operate their fundraising activity from relevant local and state authorities (e.g. Councils).
Any person/party who undertakes a fundraising activity on behalf of a registered charity without authorisation by that charity is acting outside of the law and can be prosecuted.
We reserve the right to refuse, or cancel at any time the granting of an Authority to Fundraise if we believe it is not in the best interests of the individual, the community or the Black Dog Institute.