TERMS AND CONDITIONS FOR PARTICIPATION IN BUDDY UP AUSTRALIA’S CHALLENGES
To register for Buddy Up Australia’s challenges (“challenges”), you must complete the Registration Form online, along with a non-refundable registration fee of $10.
You acknowledge that you are legally competent to give the waiver, release and indemnity contained within it as you are:
- over the age of eighteen (18);
- under the age of eighteen (18) but you fully comprehend the nature, consequences and risks of your participation in the challenges, irrespective of the presence or absence of parental consent (“mature minors”); or
- the parent or guardian of someone under the age of eighteen (18), but is not a mature minor and are your “dependent(s)”, and you will supervise them when they undertake the challenges.
(collectively “the participants”).
By registering for Buddy Up Australia’s challenges, the participants acknowledge and agree to enter into an agreement with Buddy Up Australia and agree to be bound by these Terms and Conditions, subject to the laws of Australia.
The challenges run during the month of November 2023. The challenges involve various types of activities, including activities that are for fun, activities that have social outcomes, activities that make a difference and activities that are geared towards achieving fitness.
The participants understand that this document is contractual in nature, has legal effect, and is not merely a warning nor provided for information purposes. The participants are not required to sign these terms and conditions to accept them.
Part A: Health and Safety
The participants understand that some of the challenges require the participants to ensure that they are physically and mentally prepared for the challenges. The participants acknowledge that they are physically and mentally prepared for the challenges and are not aware of any illness, injury, physical disability or impairment which may cause injury or death when undertaking the challenges.
If the participants(s) have any existing medical or health issues or are concerned about whether they are all able to undertake the challenges, the participants agree to seek medical advice immediately. If the participants are pregnant, disabled in any way, or have recently suffered an illness, injury or impairment, the participants agree to seek medical advice prior to participating in some challenges.
As some challenge require the participants to consume specific types of food, they acknowledge that they are not aware of any allergies or intolerances towards these types of food that may cause illness, injury or death when undertaking the challenges. If they have any existing allergies or intolerances towards these types of food or are concerned about whether they are able to undertake the challenges, they agree to seek medical advice immediately.
The participants are also responsible for any adverse health effects from food or beverage consumption, regardless of any allergy, known or unknown that the participants may have.
Part B: Risk and Responsibility
They acknowledge that some of the challenges may carry risks, including going on a zipline or flying fox, doing push-ups, planking, handstands, walking 10kms, completing a 750m Ocean Swim, attending a martial arts class or a taking a surf lesson, completing a 15km bike ride and participating in they local parkrun.
The participants also acknowledge that they are all participating in these challenges at their own risk. The risks associated with participating in the challenges include, but are not limited to the risk that the participants may:
- suffer harm from physical exertion;
- be involved in a collision with other people, animals or vehicles;
- fall and injure themselves; or
- suffer from the effects of heat, cold, wind, rain and other weather conditions, if taking on the challenges outside.
The participants acknowledge and accept that there is a real risk of serious harm, physical or mental injury, disability, property damage, economic loss, or death, inherent in participating in some of the challenges, and that they all voluntarily accept those risks.
If, while undertaking the challenges, the participants become ill or are injured, they agree that they will cease participating in the challenges until they have all sought the advice of a medical professional.
The participants agree to dress themselves appropriately to mitigate risk of physical injury, including but not limited to, wearing shoes appropriate for fitness challenges and dressing in conjunction with the weather. To the best of the ability of the participants, the participants agree to avoid or minimise risks to themselves.
There may be other risks to which the participants may be exposed, including injuries caused to other parties or damage caused to the property of other parties. The participants also agree to ensure that they will avoid or minimise risks to others.
The participants also acknowledge that they may be exposed to contagious or infectious diseases such as COVID-19 when undertaking some of the challenges, such as volunteering, going to the cinema, giving a hug to a friend or stranger. The participants accept the risk of life-threatening illness, temporary or permanent disability or death from contagious or infectious diseases. The participants agree not to participate in the challenges if either they are sick or if they have knowingly been exposed to someone with symptoms of an infectious or contagious disease.
The participants accept that they are responsible for organising and holding some of the challenges, including inviting others into their home for dinner, bake a cake or have a movie night. The participants may be required to acquire permissions and/or insurance and comply with all legal requirements to participate in the challenges, as part of complying with all legal requirements. By choosing to host the challenges, the participants understand and accept that Buddy Up Australia will not have any liability in relation to an injury, damage or loss incurred in connection with their challenges.
The participants agree to obtain consent from the owner of any privately-owned land or premises at which they choose to undertake their challenges.
Part C: Privacy
By providing information when registering to participate in the challenges, the participants consent to Buddy Up Australia using their personal information for the purposes of administering the challenges, and Buddy Up Australia may contact the participants to discuss their fundraising activities and follow-up on their progress. If the participants provide personal information on behalf of other participants, the participants agree to obtain their consent to do so as Buddy Up Australia will use their personal information for the same reasons.
The personal information that the participants provide through registrations may also be used for Buddy Up Australia to communicate with the participants where they have confirmed that they would like to receive further information about our work when they register to participate in the challenges.
As part of the challenges, the participants are able to upload pictures and videos of themselves undertaking the activities subject to the challenges by uploading them to Buddy Up Australia’s fundraising website.
By uploading pictures and videos, the participants authorise Buddy Up Australia to:
- edit the photos and videos of themselves participating in the challenges into a photo gallery or short film;
- use their name and likeness, voice or other information; and
- post their photos and videos on our website and our social media pages.
The participants agree to use best endeavors to remove pictures and videos of children, particularly if their images would enable them to be identified (e.g. if they are wearing their school uniform, are outside their house or showing their name) or if they are involved in child protection, family court, or criminal proceedings as victims or offenders.
The participants also agree to Buddy Up Australia collecting, storing and processing information on themelves for the purpose of organising the challenges, and providing the participants with other information relating to Buddy Up Australia.
Any photos or videos that the participants submit to Buddy Up Australia are their responsibilities, and the participants must make sure that permission has been obtained from others within the photos or videos. The participants also agree to relinquish all rights, title and interest in any and all of the photos or videos that the participants may take or capture as part of their participation in the challenges to Buddy Up Australia.
The participants also agree that they have reviewed and consented to Buddy Up Australia’s Privacy Policy that can be found on our website – www.buddyupaustralia.org/privacy.
Buddy Up Australia takes the protection of privacy for the participants seriously. If the participants do not wish for their photos and/or videos to be used on any of our platforms, please email us at info@buddyupaustralia.org.au.
Part D: Third Party Activity Organisers
The participants understand that some of the challenges are not organised by Buddy Up Australia, but by third party activity organisers that the participants engage.
The participants agree to engage suitable third-party providers to undertake specific challenges, including martial arts trainer, yoga instructor, dance class teacher, surf instructor, and zip line or flying fox operator.
The participants understand that Buddy Up Australia is unable to provide insurance for the activities within the challenges. The participants acknowledge that it is their responsibilities to read the terms and conditions issued by these third-party organisers and to comply with them, while ensuring that these third-party providers are reputable and have relevant insurance coverage. The participants also agree to obtain appropriate insurance cover for themselves (where applicable).
Part E: Waiver, Release, Indemnity and Liability Exclusions
The participants release Buddy Up Australia (and its chapters, directors, officers, employees, representatives, volunteers, sponsors, contractors and subcontractors)(individually and collectively the ”Those Released” from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of their participation in the challenges, and the participants indemnify relevant individuals against any claim (including, but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by the relevant individuals in connection with any act, matter or thing done, permitted or omitted to be done by the participants, or which was in any way connected with the participants’ involvement in the challenges.
The participants agree that Those Released are not responsible for any personal items or property lost or stolen before, during, or after undertaking the activities that are part of the challenges.
Nothing in these terms and conditions excludes, restricts, or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law which cannot lawfully be excluded, restricted or modified.
Part F: Payment and Fundraising
The participants understand that the completion of the challenges is to raise funds for Buddy Up Australia. When the participants participate in the challenges for Buddy Up Australia, they agree to:
- ensure that the participants will make it clear to those who support their participation in the challenges that the funds raised will be sent to Buddy Up Australia and used for their work;
- consider that the actions of the participants are linked to Buddy Up Australia and their cause, and they will not do anything to bring Buddy Up Australia’s name into disrepute; and
- collect and pay Buddy Up Australia all monies raised through the participation of the participants in the challenges.
The participants acknowledge that Buddy Up Australia uses a third-party payment provider to accept donations from our website. The personal information of the participants will be provided to our third-party payment provider to facilitate the processing of funds. It is the responsibility of the participants to ensure that there is sufficient funds in the nominated bank account or credit card to submit the fundraising monies through our website.
Any funds received post 30 June will be attributed to the following year for Buddy Up Australia.
