Terms & Conditions of Sleep Under The Stars 2023

SYDNEY STEPPING STONE Inc. known as STEPPING STONE HOUSE
 
PO BOX R512 · ROYAL EXCHANGE, NSW 1225 · Australia
 
 
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND THE RIGHTS OF YOUR CHILD- PLEASE READ CAREFULLY BEFORE YOU AGREE TO THE TERMS OF THIS AGREEMENT. 
 
 
AGREEMENT, RELEASE AND INDEMNITY – Stepping Stone House Sleep Under the Stars
 
 
1. ACTIVITY AND ASSOCIATED RISKS
 
I have chosen to participate in and to have my child/children participate in the Stepping Stone House Sleep Under the Stars (the Event) and the activities involved in attendance at the Event (the Activity) organised by Sydney Stepping Stone Inc also known as Stepping Stone House (the Organiser), to be held at Cockatoo Island/Wareamah in Sydney on Friday 27 October 2023 or remotely at a location to be determined at my discretion on Friday 27 October 2023 or any time in October.
 
a. In consideration of me and my child or children, being permitted to participate in the Event and Activity, I accept and agree to the full contents of this agreement being binding in relation to me and my child. Subject to these terms and applicable law, I am and remain responsible for my own health and safety and my child’s (or children's) health and safety at all relevant times before, during and after any part of the Event or the Activities.
 
b. I am the parent or legal guardian of the child(ren) named on the execution page of these Terms and Conditions.  I certify and warrant that I have the authority to sign these terms and conditions on behalf of the child/children named below and certify and warrant that I have the authority and legal right to make decisions for the child/children regarding the child's/children’s participation in the Event and Activities.
 
c. I understand that participating in the Event and Activity can be dangerous and inherently hazardous, and that I or my child/children may be exposed to dangers and hazards, including but not limited to; hot or cold temperatures, slips, falls, fractures, concussion, injury from over exertion, contraction of a disease (including COVID-19), equipment failures, dehydration, faulty facilities and intervention and/or negligence of any persons (including third parties).
 
d. I acknowledge Stepping Stone House’s recommendation to inform my friends and/or family of my intentions to participate in the Event and Activity prior to the Event and Activity commencing. I agree to carry out all reasonable and necessary precautions in relation to my participation and my child’s participation, including but not limited to carrying a mobile phone and ensuring my child's/children's emergency contact details are available and provided in writing.
 
e. I understand that the Event and Activity, including sleeping in the open and participating in all aspects of the Activity, may be a dangerous recreational activity within the definition of the Civil Liability Act 2002 (NSW) and that Stepping Stone House, and the other parties to be released at section 3 below will have no liability for any injury or damage caused by the participation of me or my child/children in any dangerous recreational activity.
 
f. As a consequence of participating in and attending this Event and Activity remotely I or my child/children may be seriously hurt or disabled or may die or my property may be damaged. I acknowledge that Stepping Stone House has no knowledge or control over the location at which I have chosen to participate in the Event and Activity and any risks of harm at that location.
 
g. I will supervise my child or children in the Event and Activity and take responsibility for their actions. Sydney Stepping Stone Inc. assumes no responsibility for directing, supervising, or controlling my child/children, or the children of others during the Event and Activity.
 
h. I agree to release, indemnify and hold harmless and defend Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of equipment, GoFundraise, and any other participants in the Event or Activity or in the vicinity of the Activity from all liabilities and claims that arise in any way (including from any injury, death, loss or harm that occurs to me or to the child/children) in respect of the Event or the Activity, or in any way related to the Event or the Activity. This includes any claim by the child alleging, or claiming negligence by any person, or arising from the negligence of, Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, and any other participants in the Event or Activities or in the vicinity of the Activities.
 
i. I agree that I and my child/children will comply with all applicable local, state, and federal COVID-19 safety laws, guidelines, directions, orders and recommendations in effect at the time of the Event. I acknowledge and agree that I maintain full responsibility to be aware of and adhere to any changes implemented in relation to applicable all local, state and federal COVID-19 laws, guidelines, directions, orders and recommendations via reputable websites including but not limited to the Australian Government website or by contacting the Coronavirus Health Information Line on 1800 020 080.
 
j. I understand that because the Event and Activity can be viewed as an online event, my and my child's/children's participation in the Event and Activity may be contingent on us having adequate technology and internet connectivity.  I acknowledge and agree that having adequate technology and internet connectivity is my responsibility and there is a possibility that I, or my child/children, will be unable to participate in aspects of the Event or Activity due to a lack of connectivity, technology failures or internet connection. I agree that Sydney Stepping Stone Inc will not be responsible for any failure to log in, stay connected or participate in any aspect of the Event or Activity due to lack of connectivity, technology failures or internet connection.
 
 
2. ASSUMPTION OF THE RISKS
 
a. I voluntarily assume all risks, including the above mentioned risks, and any harm, loss, damage or injury which may occur to me, my child/children or my property as a result of participation by me or my child/children in the Event and Activity, or during transportation before or after the Event and Activity, including any loss, injury or damage caused by the negligence of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, members of the public and any other participants in the Event and Activity or in the vicinity of the Activities.
 
b. I agree and understand that any equipment that is used by me or my child/children, whether that equipment is owned by Sydney Stepping Stone Inc., by me, or any other provider or is rented, or borrowed by me for use by me and my child/children, is used by me and by my child/children at my own risk, and at the risk of my child/children. 
 
c. I agree and understand that all equipment used, borrowed or rented by me, is provided without any warranty as to its condition, fitness or suitability.
 
 
3. RELEASE OF LIABILITY
 
a. I hereby release Sydney Stepping Stone Inc, its board members, employees, volunteers, sub-contractors, contractors, GoFundraise, any other participants and attendees, (the Released Parties) from all liabilities, causes of action, claims and demands that arise in any way from any injury, loss, death or harm that occurs to me or my child/children, or to any other person or to any property during the Event or Activity or in any way related to the Event or Activity including claims in relation to the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities or dangerous recreational activities.
 
b. I agree not to sue or make a claim against the Released Parties for death, injury to loss or harm that occurs to me or to my child/children during the Event or Activities or are related in any way to my participation in the Event or Activity.
 
 
4. INDEMNIFICATION
 
a. I agree to indemnify and hold harmless Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, the land owner, the Council, and other providers of permits and premises, GoFundraise, any other participants and attendees (the Indemnified Parties) from any claims, including for the negligence of any of these released Indemnified Parties. I also agree to indemnify and hold harmless and defend these parties against any and all claims caused by my own negligence, or the negligence of my child/children, and any claim arising from or caused by my conduct or my child’s/children's conduct during the Event or Activity.
 
b. I agree that in the event of my death, or the death of my child/children that this indemnity and release will be binding on my estate, and the estate of my child/children, and that this indemnification and release will therefore bind by executor, administrator or guardian and that they will be required to enforce the terms of this indemnity and release.
 
c. I agree that this agreement is to be an enforceable release of liability and indemnity by me of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, the land owner, council or other providers of permits and premises, any other participants and attendees.
 
 
5. TEAMS
 
a. I accept that a team may consist of two or more participants.
 
b. I acknowledge that I will provide the Stepping Stone House (the "Organiser") or its authorised representatives with the name and contact details of the team co-ordinator if I enter as part of a team, and agree that the Organiser or their authorised representatives may contact the person and exchange my/our personal information with them which I have provided to Stepping Stone House.
 
 
6. FUNDRAISING
 
a. I will fundraise a minimum of $200.00 per individual participant (over 18 years of age) for Stepping Stone House.
 
b. I understand that donations can be donated online via the GoFundraise website. I acknowledge that these donations are non-refundable. I also acknowledge that these donations may be tax deductible.
 
c. I understand that incentives (the number and nature of which will be decided by the Organiser) may be awarded to the individuals or teams in relation to their fundraising.
 
 
7. MEDICAL INFORMATION
 
a. I warrant that I am free from any injury, medical condition, disability, disease, illness or other factor (including without limitation, pregnancy) which may limit my ability to participate in, or be aggravated by my participation in, the Event and / or an Activity.
 
b. I warrant that my child/ children is / are free from any injury, medical condition, disability, disease, illness or other factor (including without limitation, pregnancy) which may limit my child(ren)'s ability to participate in, or be aggravated by my child(ren)'s participation in, the Event and / or an Activity.
 
c. I understand and acknowledge that I and my child/children should seek medical advice prior to participating in the Event or Activity if I have any concerns in respect of my own or my child(ren)'s physical and / or mental condition or otherwise ability to safely participate in the Event and / or an Activity.
 
d. Sydney Stepping Stone Inc. (the Organiser) and GoFundraise assume no responsibility to provide medical care during the Event or Activity. I understand that it is solely my responsibility to arrange, and pay for any medical care or treatment that I or my child/children requires as a result of participation in Event or Activities.
 
e. I will provide an emergency contact name and phone number when requested by Stepping Stone House (the Organiser), its employees or representatives, and authorise Stepping Stone House (the Organiser) or any person authorised by it, to contact my emergency contact person and to provide personal information in circumstances where they in their discretion consider it necessary to do so.
 
 
8. USE OF NAME OR PICTURE
 
a. If I choose to participate in the Event and / or an Activity at Cockatoo Island / Wareamah in Sydney on Friday, 27 October 2023, subject to clause 8b below, I consent to the publication and/or use of the image, voice, statement, name or fundraising result of me, and of my child/ children, in any form of media whatsoever including advertising and promotions for future events or activities hosted, organised or facilitated by SSH without payment or compensation.
 
b. Such consent as set out in clause 8.1 above may be withdrawn in writing at any time by way of notice to SSH.  If the consent provided in clause 8a is revoked pursuant to this clause, after the Event and / or an Activity has taken place, I acknowledge that SSH will remove from publication, the use of my or my child(ren)'s image, voice, statement, name or fundraising result from its website, or any other media or publication (including social media pages) that SSH may have used to make the publication.  However, I acknowledge that SSH is not required to, nor has the ability to, remove any use of my or my child(ren)'s image, voice, statement, name or fundraising result from any other location such as in the public sphere, and is not liable for any matters including use of my or my child(ren)'s image, voice, statement, name or fundraising result by any third party.
 
 
9. AGREE WITH & ABIDE BY RULES
 
a. I agree to read all Event rules, regulations and conditions and conform to them.
 
b. I agree to follow the rules of the Activity, and to ensure that my child follows the rules of the Activity.
 
c. I acknowledge that Sydney Stepping Stone Inc., its employees, or representative may remove me and my child/ children from the Event or Activity (a) if my behaviour or the behaviour of my child/ children is inappropriate, offensive, or abusive, (b) to prevent damage to any property, (c) on medical or health and safety grounds (including to prevent possible harm or injury to myself, my child, or children or any other person), or (d) to prevent or arrest any form of unauthorised marketing, collection or monies or ambush marketing; (e ) if I am considered by Sydney Stepping Stone Inc. to be under the effect of alcohol or any drug.
 
 
10. REFUNDS
 
a. I acknowledge that under no circumstances will a refund be provided for donations made. 
 
b. I acknowledge that if the Event is cancelled that Sydney Stepping Stone Inc., will refund to me the registration fee paid by me.
 
c. I acknowledge that, except in the case of cancellation of the Event by Sydney Stepping Stone Inc. that refunds will not be provided for the ticket registration fee paid by me.
 
d. I agree that my participation in the Event and Activity is not transferable for me or for my child/ children and that no other person is permitted to participate in the Event and Activity in my place or in the place of my child/ children.
 
 
11. DETAILS OF THE EVENT
 
a. I accept that I will probably get little sleep.
 
b. I acknowledge that I will sleep within the safety of the allocated event space at Cockatoo Island/Wareamah in Sydney or of a remote location chosen by myself.
 
 
12. MISCELLANEOUS
 
a. I have read the information pack in relation to the Event and Activity available, including for download at www.steppingstonehouse.com.au. 
 
 
13. FURTHER AGREEMENTS
 
a. I agree that if any portion of this agreement is found to be invalid or unenforceable, that the remainder will continue to be in force and effective. I also agree that any invalid clause will be modified or partially enforced to the maximum extent, as permitted by law, so that the purpose of the agreement is carried out.
 
b. Nothing in this document precludes Sydney Stepping Stone Inc., its board members, employees, volunteers, contractors, equipment providers, and government entities and other attendees from relying on any laws that limit or preclude their liability.
 
c. I agree that I and my child/children participate in the Event and all Activities at my own risk, and at my child’s/children's risk.
 
d. I agree and acknowledge that Sydney Stepping Stone Inc. has no control over and assumes no responsibility for the actions of any independent contractors and volunteers and members of the public who may provide services, or goods or be involved in the Event or Activities.
 
e. I agree that this agreement, indemnity and release is governed by the law of New South Wales.
 
f. I have fully read this agreement before signing it.
 
g. No oral statements or representations have been made, and I do not rely on any statements other than what is contained in this indemnity and release, in signing this agreement. I understand that this is an agreement and contract which affects my legal rights, and I am signing it of my own free will.
 
 
Signed by me, both for myself, and as the guardian or parent of the child/children named below.
 
 
 
Name: ……………………………………
 
 
Name(s) of children: ……………………………………
 
 
Address: ………………………………
 
 
Signature: ………………………………
 
 
Relationship to child(ren): ………………………………

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

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Overview

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GoFundraise fees

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Credit card payments

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Regular Giving payments

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Ticket Sales and Raffles

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User registration

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Passwords

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    1. not allowing any other person to use their login information or hold themselves out as You;
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Indemnity for misuse of Your login information

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Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
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  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
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    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
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    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
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    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
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User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

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    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

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Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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