Out of the Shadows Walk Terms and Conditions
Terms and Conditions
“Event” refers to Out of the Shadows Walks an active, fundraising challenge taking place on World Suicide Prevention Day. There is no registration fee for this event.
“We/Us” refers to Lifeline Australia ABN 84 081 031 263
- I acknowledge that the activity may be physically challenging in some individuals and may involve exposure to the natural elements, extreme weather and other circumstances over which Lifeline has no control.
- I declare that I am physically fit to participate and train for Out of the Shadows Walk and have not been recommended otherwise by a qualified medical professional. I am not suffering from a medical condition that would make me unfit to participate.
- Through Out of the Shadows Walks I understand the increase risk of exposure to contagious diseases including but not limited to COVID-19.
- I acknowledge that Out of the Shadows Walks including training may involve certain risks of injury or even death from causes, including but not limited to the absences of inadequate reflective apparel in dark early morning walks. Walking on roads and uneven terrain, and under hazardous weather conditions. I am aware of the dangers involved and engage in Out of the Shadows Walks at my own risk.
- I acknowledge that Out of the Shadows Walks may involve 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 Lifeline Australia, its employees but from the actions, omission or negligence of others.
- I acknowledge that, to the maximum extent permitted by law, Lifeline Australia is excluded from all liability to me, including negligence, or if any loss or damage has occurred to myself or my property. Where that liability cannot be excluded, the liability of Lifeline Australia is limited to the maximum extent permitted by law.
- I acknowledge that Lifeline Australia shall not be responsible to me for any incidental, special or consequential damages,or any similar loss whether in the reasonable contemplation of Lifeline Australia or me.
- I understand that the terms stated are contractual and form the basis of the Agreement by which I participate.
- I further acknowledge that I have been advised by Lifeline Australia of the risks associated with the activities and to the extent permitted by law, I have voluntarily assumed those risks.
- 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.
By using our website and uploading content you hereby agree and consent to us using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms.
By uploading User Content to our website, you represent and warrant to us that:
- you own all rights in the User Content or otherwise have the right to submit the User Content to us;
- the User Content does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
- the User Content is true and correct and is not misleading, defamatory or obscene;
- the User Content can be published lawfully by us;
- any persons identified in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and
- our use of the User Content in the manner contemplated above and the rights and licences granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold us harmless from and against any and losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.
You waive, release and forever discharge us and any of our subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity. We do not endorse or approve, and are not responsible for, any User Content. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.
12. I acknowledge this Agreement is governed by the Laws of New South Wales including the Civil Liability Act 2002 (NSW) as amended.
13. Any disputes by Out of the Shadows Walk participants concerning the conduct of the Event are to be resolved by Lifeline Australia.
14. I declare that I am over 18 years old and legally competent to sign this acknowledgement. If I am under 18 years old, I have obtained parental consent to participate in the Event by way of submitting a Parental Consent Form to Lifeline Australia.
Authority to fundraise
- By participating in Out of the Shadows Walks we are providing you authority to fundraise on behalf of Lifeline Australia and you agree to conduct your fundraising activities in accordance with our authority to fundraise.
- Any fundraising activity undertaken by a third party to raise funds for Lifeline Australia will be conducted by that individual or group/committee and is the sole responsibility of the person/s undertaking that fundraising.
- Lifeline Australia reserves the right to refuse approval of any proposed fundraising activity deemed to be improper or in direct conflict with the Lifeline brand position.
- The person/parties authorised to fundraise are responsible for payment of all expenses in relation to the agreed fundraising activity. Lifeline Australia is not responsible for any expenses incurred
- We do not provide public liability insurance for fundraising events organised by a third party. Organisers will need to take out their own public liability Insurance.
- We accept no responsibility for any accidents or incidents that occur during the organisation or running of your fundraising activity. You indemnify Us with any insurance you obtain in relation to your activity.
- It is the responsibility of the person/parties undertaking the fundraising activity to gain any licences or approvals which may be necessary to operate their fundraising activity from relevant local and state authorities
- Lifeline Australia reserves the right to refuse, or cancel at any time the granting of an authority to fundraise.
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