Chris's Swim for Life

Terms & Conditions

Fundraising Terms & Conditions

1. PURPOSE AND SCOPE

These terms and conditions apply to any Fundraiser undertaking an Event on behalf of Lifeline Australia (ABN 84 081 031 263).

2. DEFINITIONS

In these terms and conditions:

• Authority to Fundraise means the letter or notice issued by Lifeline to a Fundraiser which confirms the Fundraiser’s Authority to Fundraise and undertake the Event;
• Event means the fundraising activity to be undertaken by a Fundraiser;
• Event Registration Form means the electronic form to be completed by a Fundraiser via the Website in order to create a Fundraising Page for the Fundraiser’s proposed Event;
• Fundraiser means the individual or organisation undertaking the Event;
• Fundraising Page means the page created on the Website for the purpose of conducting the Event;
• Funds means the funds arising from the Event;
• Brand Guidelines means Lifeline’s brand guidelines, to be notified by Lifeline to the Fundraiser; and
• Website means Lifeline’s website at https://fundraise.lifeline.org.au/

3. AUTHORITY TO FUNDRAISE

• Lifeline is legally required to approve and authorise all Events. If the Fundraiser’s proposed Event is approved, at Lifeline’s absolute discretion, Lifeline will issue an Authority to Fundraiser to the Fundraiser.
• Subject to clause 2(a), an Authority to Fundraise will not be issued until:
• the Fundraiser has completed the Event Registration Form;
• Lifeline is satisfied, at its absolute discretion, that the Event will represent Lifeline appropriately, and will uphold Lifeline’s mission and image;
• Lifeline is satisfied, at its absolute discretion, that the Event can produce a reasonable financial return after expenses have been deducted;
• Lifeline is satisfied, at its absolute discretion, that the Event is not high-risk, and will not cause or is not likely to cause any harm or damage to any person or property.
• The Fundraiser will not undertake any activities relating to the Event without receiving an Authority to Fundraise from Lifeline.
• The Authority to Fundraise will be subject to the Fundraiser’s compliance with these terms and conditions, any applicable state and federal legislation, the Event description provided to Lifeline in the Fundraiser’s Event Registration Form, and any other directions, rules or guidelines imposed by Lifeline from time to time.
• The Authority to Fundraise will cease automatically upon completion or termination of the Event, unless advised otherwise by Lifeline Australia.

4. FUNDRAISER RESPONSIBILITIES

The Fundraiser acknowledges and agrees that:

• the Event will be conducted in the Fundraiser’s name, as described in the Event Registration Form;
• the Fundraiser is solely responsible for managing the Event;
• the Fundraiser must conduct the Event in an appropriate and responsible way and any behaviour deemed by Lifeline to be damaging Lifeline’s good name or good will in the community will result in immediate termination of the Fundraiser’s approval to fundraise;
• the Fundraiser must comply with all obligations imposed by any applicable state and federal legislation and obtain any necessary permits, authorities to fundraise, insurance, or licenses prior to the Event; 
• the Fundraiser is responsible for ensuring the safety of the Event, including obtaining and maintaining appropriate public liability insurance and providing first aid services if required. 
• if children under 18 years of age are involved or are to be present at the Event:
• all adults who are involved in the Event must have a current Working with Children Check
• any such children involved in the Event must be accompanied by an adult at all times when undertaking any activity relating to the Event; and
• any children under 16 years of age must have the permission of a parent or guardian before undertaking any activities relating to the Event
• should the Event place undue stress, duress, distress to them financially, socially or on their physical and mental wellbeing, the Fundraiser must notify Lifeline immediately and in doing so Lifeline reserves the right to withdraw the Fundraiser’s Authority to Fundraise;
• the Fundraiser will not, in any way, represent that they are a representative, employee or agent of Lifeline and will make it clear that any Funds arising from the Event will be forwarded to Lifeline;
• the Fundraiser will engage in a reasonable level of liaison with Lifeline and provide all relevant information requested by Lifeline in relation to the Event in a timely manner; and
• the Fundraiser will not undertake any door-to-door, street sales, telephone-based approaches for donations in connection with the Event.

5. FUNDRAISER WARRANTIES

The Fundraiser warrants that:

• they are in proper physical and mental condition to organise and run the Event and acknowledge that they are aware of the risks involved and voluntarily agree to assume those risks;
• the Event is moral and ethical and does not involve any industries or affiliations that are in conflict with the values and purpose of Lifeline.

6. FUNDS AND ADMINISTRATION

• The financial, fundraising, raffles, record keeping, and management aspects of the Event are entirely the Fundraiser’s responsibility, and they must comply with any obligations imposed by the applicable legislation, rules or regulations in the jurisdiction where they operate.
• In relation to any Funds:
  - all Funds raised by the Fundraiser in relation to the Event will be made directly to the Fundraising Page or in the case of cash (Cash Funds), will be held by the Fundraiser on behalf of Lifeline until the Event is complete;
  - the Fundraiser must ensure that all Cash Funds raised are kept in a secure place;- the Fundraiser will, as a legal requirement, deposit all Cash Funds within 14 days of completion of the Event to your fundraising page or to Lifeline’s bank account (provided upon request).
  
  
• The Fundraiser ensure that the Event is self-funded and will not incur any expenses in the name of Lifeline. All related invoices must be paid by the Fundraiser. In any case, expenses should not exceed 40% of the total Funds raised.
• The Fundraiser will maintain an accurate and complete statement of income and expenditure arising from the Event along with copies of receipts for all expenditure (Reports) and will provide such Reports to Lifeline within 14 calendar days of the completion of the Event, or if the Event runs for more than 12 months, then within 14 calendar days of each anniversary of the commencement of the Event. All Report must be retained for at least 12 months after the completion of the Event. By providing Lifeline with such Reports, you authorise Lifeline to use, retain and disclose such Reports to the extent required by law.
• Lifeline Australia is a registered charity and donations of $2 or more are tax deductible. Please note that the Australian Taxation Office have ruled that donations are not tax-deductible if a person receives goods or services in return for the money given (i.e. the purchase of any services or items, raffle / action / competition tickets or event entry tickets etc.) For further information on tax deductibility visit the Australian Taxation Office website, https://www.ato.gov.au.
• The Fundraiser will maintain accurate and complete records of all persons associated in the Event and the activities undertaken by each person in relation to the Event, and all other documents arising from the conduct of the Event. The Fundraiser agrees to provide Lifeline with all such records and information upon request. By providing Lifeline with such records and information, you authorise Lifeline to use, retain and disclose such Reports to the extent required by law.

7. RISK AND INDEMNITY

• The Fundraiser is not an employee or agent of Lifeline, nor is the Fundraiser acting in any other representative capacity. The Fundraiser is responsible for all activities relating to the Event and will do so at their own risk. It is the responsibility of the Fundraiser to ensure the safety of themselves and any attendee of their Event.
• The Fundraiser agrees to release Lifeline to the fullest extent permitted by law for all claims and demands of any kind associated with any activity relating to the Event and indemnifies Lifeline Australia against any liability, action, claim, suit, damage, cost and expense (including all legal fees), to the extent that the claim or action brought against Lifeline is connected to, in relation to or arising out of the Fundraiser’s:
  a) negligence; or
  b) breach of, or default under, these terms and conditions.
• Lifeline will not be liable for any injury, damage or loss sustained as a result of any activities relating to the Event.
• The Fundraiser agrees to supply all information provided to Lifeline to the relevant government agencies in their State upon request should licenses be required.
• The Fundraiser agrees that Lifeline accepts no responsibility for any food related accidents or injuries that may occur during a fundraising activity or event including food allergies, adverse reactions, food poisoning, anaphylaxis, other illnesses or sickness caused by food products and/or their preparation, storage, handling, presentation or consumption.
• The Fundraiser acknowledges that the public liability insurance and other insurance policies held by Lifeline do not cover the Event, and any other events or fundraising activities conducted by external groups or individuals.
• If applicable, the Fundraiser must provide a detailed event plan for any physical endurance events (e.g. running across Australia) or any events or activities which are considered ‘high risk’. This plan must include details such as the route, dates, duration, insurance, budget, support team, risk mitigation strategy, sponsorship and experience.
  
  8. MARKETING, PROMOTION AND USE OF LOGO
  
  Media
• Due to limited resources, Lifeline cannot undertake media relations for the Fundraiser.
• Lifeline will provide the Fundraiser with a copy of the Branding Guidelines upon approval of an Event. The Fundraiser must comply with the Branding Guidelines in relation to any marketing and media materials relating to the Event.
• The Fundraiser must only use Lifeline’s Proudly Supporting logo in accordance with the Guidelines provided.
• All marketing and media materials, including press releases, must be approved by Lifeline prior to distribution. 
• Lifeline must be notified of all planned media activity in advance, and of all unplanned media activity immediately. 
• Any approach made to celebrities for support must be discussed with Lifeline and approved prior to any contact being made. 
• A representative from Lifeline may be available to attend the Event, provided that such request to attend must be made well in advance of the Event. Determination for representation will be based upon staff availability and date of the Event and will be at Lifeline’s absolute discretion.
  
  Marketing
  
  
• The level, mode and/or percentage of support for Lifeline must be explicitly stated on all materials and correspondence relating to the Event (e.g. 100% of proceeds will be donated; 100% profit will be donated; $x per item will be donated) and if applicable, must state whether any proceeds will be split with another charity and the percentage of the distributions. 
• Lifeline must always be identified as the ‘beneficiary’ of the Event. The Fundraiser has no right to the names ‘Lifeline Australia’ and ‘Lifeline’. In naming the event ‘Lifeline’ should not be used in the title however, the Event may be promoted as ‘proudly supporting Lifeline’. 
• Prior approval must be sought from Lifeline for any promotional materials (printed or electronic), or advertisements associated with the Event, including use of Lifeline Australia’s supporter logo.
• Permission for logo usage may attract conditions, negotiated between Lifeline and the Fundraiser, especially if the use of logo is for marketing activities of an organisation, and a minimum donation may have to be guaranteed. 
  
  Fundraising Page and Content
  
  
• The Fundraiser agrees to have their Fundraising Page archived after 12 months.
• By submitting any photographs or other information relating to the Event via the Fundraising Page or Website, the Fundraiser consents to such photographs and information being published online on the Website or in any other method of publication now and in the future.
• The Fundraiser represents that they have all rights to or have obtained the necessary consents or releases from the subjects of any photographs or the providers or owners of any information, used in relation to the Event, or submitted to the Fundraising Page.

9. TERMINATION OR CANCELLATION OF EVENT

• Lifeline Australia reserves the right to terminate its support for the Event and/or withdraw the Fundraiser’s Authority to Fundraise at any time if it appears that there is a likelihood of the Event failing to meet any of the responsibilities specified in these terms and conditions.
• The Fundraise will notify Lifeline of any changes to the details set out in the Event Registration Form or the cancellation or suspension of the Event, within two (2) calendar days of being aware of such change, cancellation or suspension and in any case, before the commencement of the Event.
• Upon termination of the Event for any reason, the Fundraiser will forward to Lifeline all Funds raised up to the date of termination within 14 days of the notice of the termination.