These Heart Foundation terms relate to your fundraising activities only. For the avoidance of doubt, Soulful’s charity challenge terms and conditions apply to the Trek, the Heart Foundation is simply a charity partner and accepts no liability for risk or losses associated with the Trek.
We hope that you will enjoy coordinating your fundraising activity/event for the Heart Foundation. It is important to note that there is a serious side to fundraising and these Community Fundraising Terms and Conditions have been developed to help you understand your obligations as a fundraiser on behalf of the Heart Foundation.
Please note as you are collecting money on behalf of Heart Foundation, it is required that you read, understand, and adhere to this agreement.
Once you have registered for the Trek the Flinders Ranges for Australian Hearts Challenge and adhered to conditions of fundraising at time of booking, you will be issued with an Authority to Fundraise. Laws relating to fundraising activities in Australia, differ from State to State, so it is important you follow these conditions.
1. Heart Foundation means the National Heart Foundation of Australia ABN 98 008 419 761.
2. Once a detailed “Proposal to Fundraise’ document has been received and reviewed and your proposed fundraising activity (Activity) has been approved, the Heart Foundation will provide you with a letter providing approval and an authority to fundraise (Authority to Fundraise). The Authority to Fundraise provides you with the authority to undertake your Activity on behalf of the Heart Foundation. You must have this Authority to Fundraise before you commence raising funds for the Heart Foundation.
3. “Authorised Fundraiser” means the individual/s authorised to fundraise on behalf of the Heart Foundation. The Activity must be conducted in the name of the Authorised Fundraiser and is the sole responsibility of the Authorised Fundraiser.
4. Approval of your Activity and the issuing of an Authority to Fundraise by the Heart Foundation does not mean that the Heart Foundation has assessed the regulatory implications of your Activity. There are numerous laws and regulations relating to charitable giving, fundraising, holding events and running various types of competitions. You agree it is your responsibility to obtain independent legal advice regarding the legal implications and regulatory requirements of your proposed Activity, any liability that may arise, and to ensure you hold all permits, licences and insurances required.
5. You agree to comply with all relevant laws in relation to fundraising and to your Activity pursuant to the laws of the State or Territory in which your Activity is taking place.
6. You agree to obtain and provide evidence of (upon request) all insurances required to complete your Activity. You also note that the Heart Foundation is unable to provide any insurances to cover your Activity.
7. You accept all risks that may arise from the Activity, including the risk of injury or loss of life to you and any third parties.
8. You declare that you are over 16 years of age and note that any person under the age of 16 conducting a fundraising Activity must be appropriately supervised by an adult.
9. You release the Heart Foundation and all persons or corporations associated directly or indirectly with the Heart Foundation from all known and unknown claims, liability, demands and proceedings arising due to any loss, damage, expenses or personal injury which may be sustained by you, or by any third party as a result of or in connection with your Activity.
10. You indemnify the Heart Foundation and all persons or corporations associated directly or indirectly with the Heart Foundation (collectively “those indemnified”) against:
a) all losses incurred by those indemnified;
b) all liabilities incurred by those indemnified; and
c) all costs actually payable by those indemnified to their legal representatives (whether or not under a costs agreement) and other expenses incurred by those indemnified in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) arising as a result of or in connection with your participation in the Activity.
11. You will comply with these Community Fundraising Terms and Conditions as may be amended by the Heart Foundation from time to time. If the Heart Foundation updates these Community Fundraising Terms and Conditions an updated copy will be made available to you at doititforheart.org.au.
12. You agree to provide true and correct information to the Heart Foundation and to promptly notify the Heart Foundation of any changes to your information.
13. You acknowledge that the Heart Foundation reserves the right, at its sole discretion, to withdraw your Authority to Fundraise at any time and without notice or explanation to you.
Funds and Receipting
14. The general obligations of the Authorised Fundraiser are to:
a) Provide the Heart Foundation with an accurate estimate of the revenue and expenses associated with your Activity;
b) Keep accurate financial records, including itemised expenses and the reason for them;
c) If you wish to bank funds raised straight into the Heart Foundation’s bank account, please use the official banking form and your fundraiser ID number. If you require assistance, please contact your Community Fundraising Coordinator at the Heart Foundation on 13 11 12; and
d) Funds raised and details of your actual revenue and expenditure must be returned to the Heart Foundation within 14 days of your Activity.
15. Plan for a minimum net profit of 60% of all funds raised from your Activity to be donated. Please use the Income and Expenditure sheet provided to keep track of your funds.
16. The Heart Foundation cannot pay expenses incurred by you, but you can deduct your necessary expenses from the proceeds of your Activity, provided they are properly documented. You should aim for your total expenses to be less than 40% of total proceeds (e.g. If your goal is to raise $1,000, your maximum expenditure should be $400, each item of expenditure should be itemised, and a receipt should be kept for auditing purposes).
17. The Heart Foundation does not issue receipts for Authorised Fundraisers to give out however we can issue receipts directly to donors once we have received your finalised Donation Receipt Form. It is important that you understand the official guidelines we use for issuing receipts, so you can provide correct information to people who support your Activity. This information is set out in the fundraising guidelines that will be provided to you.
18. Tax-deductible receipts can only be issued in return for financial donations. The following are not tax deductible: purchase of tickets (e.g. raffle, entry fee), donations of goods or services and/or purchases (e.g. auction, sale of items). Where the person gets something in return for giving, they are not entitled to a tax deductible receipt. Tax-deductible receipts can only be issued in return for a donation that is more than $2 and where the donor receives no other benefit.
Termination and Governing Law