Terms & Conditions
RONALD MCDONALD HOUSE CHARITIES SYDNEY – WAIVER, INDEMNITY AND RELEASE FORM
I wish to fundraise for Ronald McDonald House Charities Sydney (RMHC Sydney).
This agreement applies to the Event and any other related event(s) in which I engage to raise funds for RMHC Sydney.
I assert and confirm that my participation in the Event is voluntary.
I understand that if I am under the age of 18, I MUST have a guardian approve my participation in the event.
I acknowledge that the Event is being run to fundraise for RMHC Sydney and I agree to abide by all rules, regulations, and event instructions of the Event, as well as all applicable municipal and state laws and regulations.
I am aware of and expressly assume all risks associated with participating in this Event.
I understand and acknowledge that RMHC Sydney is not in a position to judge my capacity, fitness or any other matter in relation to my ability to participate in the Event. I assure RMHC Sydney that it has no reason to conduct any special inquiry into my capacity, fitness, or any other matter relating to my ability to participate in the Event and I am not aware of any illness, injury or any other matter which may cause me injury while participating in the Event. I request RMHC Sydney to treat my request for authority to fundraise as being from a person fully capable of preparing, organising, holding and participating in the Event.
I agree to put in place appropriate precautions before participating in the Event to ensure that any necessary medical assistance will be available to me during and after the Event. I acknowledge that RMHC Sydney is not responsible for organising or paying any costs involved with such medical assistance.
I agree to release, indemnify and hold harmless RMHC Sydney, any beneficiaries, sponsors, officials, participating clubs, communities, organisations, friends of the
Event, volunteers, consultants, participants, third-party vendors, government or public entities) and each of their respective affiliates, successors, officers, directors, employees, volunteers, agents, and representatives, including, without limitation, Event medical sponsors, medical director, and members of the medical team from all claims, actions, demands, suits or proceedings of any nature whatsoever which may be made by me, on my behalf, or by or on behalf of any other person, in respect of or arising out of any liability, loss, cost, damage or expense, including but not limited to damage to property, injury or death, that I or any other person suffer during the course of, as a result of, or that is associated with, the Event, (including during any preparation or planning for the Event or any associated activity), and however caused (whether due to the negligence or omission of RMHC Sydney, its officials, employees, agents, contractors, volunteers or other personnel or otherwise).
I acknowledge that I am not relying, and will not rely, on RMHC Sydney or any representation made by RMHC Sydney or its officials, employees, agents, contractors, volunteers or other personnel in any way, including in preparing for, organising or participating in the Event.
I agree that my participation in the Event is subject to the sole discretion of the organisers of the Event, and that my participation may be limited or terminated, with or without cause.
I acknowledge that without authority from RMHC Sydney to fundraise, I am not permitted to identify RMHC Sydney as a charity associated with the Event, or to use the RMHC Sydney name or logo or any other material associated with RMHC Sydney in preparing for, organising or participating in the Event, including but not limited to marketing or promoting the Event.
I acknowledge and agree that RMHC Sydney may, in its absolute discretion, withdraw my authority to fundraise that RMHC Sydney grants me, upon which I must immediately cease the Event and discontinue any use of the RMHC Sydney name and logo.
I agree that any photographs, video, film footage or audio recording of me taken as part of the Event may be used by RMHC Sydney and each of their respective affiliates, subsidiaries and agents for the purposes of promoting RMHC Sydney and I hereby perpetually and irrevocably consent to any such use without payment or compensation and waive any rights I might have to object to such uses under parts IX and XIA of the Copyright Act 1968 (Cth).
Sanction agreement to fundraise
I have read Ronald McDonald House Charities Sydney Fundraising Terms of Agreement and I agree to conduct my fundraising event/activity in accordance with these terms and in a manner which upholds the integrity, professionalism and values of Ronald McDonald House Charities Sydney.
I understand that Ronald McDonald House Charities Sydney reserves the right to withdraw approval for the fundraiser/event at any time if there is a likelihood that the activity/event fails to adhere to any of Ronald McDonald House Charities Sydney Agreement to Fundraise. Ronald McDonald House Charities Sydney will notify the Fundraiser of the breach of the Agreement to Fundraise with Ronald McDonald House Charities Sydney and give the Fundraiser the opportunity to remedy the breach within 5 working days. I understand that Ronald McDonald House Charities Sydney reserves the right to withdraw your fundraiser should these be in breach of the codes of conduct as laid out by Fundraising Institute of Australia https://fia.org.au/wp-content/uploads/2019/05/CodeFINAL-2018.6.28-KW.pdf and The Australian Charities and Not-for-Profits Commission https://www.acnc.gov.au/for-charities.
I acknowledge that I am in proper physical and mental condition to conduct the fundraising activity/event and voluntarily agree to the risks associated with conducting the activity/event.
I understand that I cannot make a claim against Ronald McDonald House Charities Sydney for any damage, loss or injury arising at or from the fundraising event/activity outlined in this agreement.
I understand and agree that these terms are binding on my heirs, assigns, and legal representatives.
The fundraiser/event
This is conducted in your name and is the sole responsibility of the Community Fundraiser (you). Ronald McDonald House Charities Sydney is not able to take a coordination role in these activities and its officers cannot assist in soliciting prizes, organising publicity, or providing goods or services to assist the Community Fundraiser in the running of the fundraiser/event.
Disclaimer
Ronald McDonald House Charities Sydney cannot support your event with the sourcing, acquisition and provision of material goods and services from our current or potential supporters and donors. We cannot make approaches to potential suppliers and or supporters and media on your behalf for the supply, sponsor, donations of goods, items or services.
Legal implications
The event/fundraiser must meet the requirements of relevant State and Territory laws and regulations. The information you give Ronald McDonald House Charities Sydney must be available to regulatory authorities on request. Ronald McDonald House Charities Sydney does not provide legal advice regarding compliance with these laws and regulations.
Ethical standards
Ronald McDonald House Charities Sydney’s reputation. Due of the nature of our organisation and the high ethical standards under which we operate, there are some events with which we cannot be associated. We cannot endorse some activities, including:
- extreme sports such as parachuting, paragliding or bungy jumping,
- motor vehicle and motor bike racing and activities that involve marine racing unless the Fundraiser provides evidence of public liability insurance to cover themselves and their participants;
- gambling;
- games of chance that do not comply with State legislation;
Insurance
Ronald McDonald House Charities Sydney is unable to provide public liability insurance cover to Community Fundraisers.
Using the Ronald McDonald House Charities Sydney name and logo
Please remember that the event will not be Ronald McDonald House Charities Sydney’s event, but an independent event to raise funds for donation to Ronald McDonald House Charities Sydney.
All material with which the Ronald McDonald House Charities Sydney name and logo is to be associated must first be approved by Ronald McDonald House Charities Sydney. If the Community Fundraiser wishes to utilise the Ronald McDonald House Charities Sydney name and/or logo on any materials or products, the Community Fundraiser must obtain prior permission from Ronald McDonald House Charities Sydney.
References to Ronald McDonald House Charities Sydney
If the Community Fundraiser wishes to refer to or promote Ronald McDonald House Charities Sydney it must refer to Ronald McDonald House Charities Sydney as “Ronald McDonald House Charities Sydney”,” RMHC Sydney or the specific House which will benefit from monies raised.
Printed Materials
Any material, pamphlets, brochures or products must be submitted to Ronald McDonald House Charities Sydney for approval before a request to use the logo will be granted. Other printed material, such as media releases must be pre-approved by Ronald McDonald House Charities Sydney. Printed material must be forwarded to Ronald McDonald House Charities Sydney for approval prior to being printed or circulated.
Use of the logo
Permission to use the logo must be requested and will attract conditions to be negotiated between Ronald McDonald House Charities Sydney and the Community Fundraiser, especially if the use of the logo is for marketing activities of the organisation. A minimum amount of donation may have to be guaranteed for activities of this nature. Guidelines on how to use the logo will be supplied once permission for its use is granted.
Participation of children in an appeal
Some States have special regulations that apply when children participate in an appeal. Different rules apply for children of different ages. If you are planning to involve children in your fundraising activity/event, you will be required to comply with further guidelines from Ronald McDonald House Charities Sydney before proceeding with your activity/event.
Finance, records and receipting
The financial aspects of fundraising, raffles, record keeping and management of the fundraiser/event are entirely the responsibility of the Community Fundraiser and the Community Fundraiser must comply with the relevant State or Territory laws and regulations. The following is a summary of financial reporting typical of that required from Community Fundraisers which is needed to protect the public interest:
- set-up and maintain proper financial records and accounts which can be audited if necessary;
- provide Ronald McDonald House Charities Sydney at the outset with an accurate estimate of expenses and the likely proceeds of the fundraiser/event;
- where necessary/appropriate, set up a separate bank account that mentions Ronald McDonald House Charities Sydney’s name. All funds are to be banked into this separate bank account. This account must be closed after your event;
- money raised and details of your actual income and expenditure must be returned to Ronald McDonald House Charities Sydney within four (4) weeks of the fundraising activity; and
- Ronald McDonald House Charities Sydney cannot pay expenses incurred by you, but you can deduct your necessary expenses from the proceeds of your event, provided they are properly documented. (Total expenses must be less than 40% of total proceeds).
Receipts
Ronald McDonald House Charities Sydney can provide official receipts for approved events. Tax-deductible receipts can only be issued to people donating money of $2 or more. The Community Fundraiser must keep a register of all attendees/supporters eligible for a taxdeductible receipt.
Individual receipts will be sent to the Community Fundraiser for distribution to attendees/supporters. It is the responsibility of the Community Fundraiser to understand:
- circumstances when a receipt can be issued, and to whom, NB: The following are not taxdeductible: Ticket purchases (eg. raffle), entry
- to an event, donations of goods or services, auction purchases, or purchase of a device;
- the legal implications of issuing receipts and the necessity of returning official receipts books (used and unused) to Ronald McDonald House Charities Sydney; and
- reconciliation of funds.
This agreement is governed by the laws of the State of New South Wales and the New South Wales courts shall have exclusive jurisdiction for any dispute arising under or relating to this agreement.
I have carefully read this form, understand its contents and agree that its terms and conditions bind me and my heirs and successors.
If you require further information please contact supporting.sydney@rmhc.org.au.
