Terms and Conditions

Heart Foundation Personal Walking Plan – Terms and Conditions

General/covering note

Thank you for choosing to participate in our Heart Foundation Walking program. Before we begin, please review and accept the Terms and Conditions. These Terms and Conditions are designed to help ensure a safe, enjoyable, and rewarding experience for all participants. By agreeing to be bound by these Terms and Conditions, you'll help us create a positive and supportive walking environment that promotes health and well-being for everyone. We’re excited to support you on this journey to better health.

By participating in a Heart Foundation Walking Program, you understand and agree to these Terms and Conditions.

Variations

Please note that, from time to time, these terms and conditions may be updated to reflect new guidelines or improvements to the program. We encourage you to check our website periodically to ensure that you are aware of the current terms and conditions. We will always keep you informed of any substantive updates, and appreciate your understanding.

I acknowledge and understand that the Heart Foundation will post the current version of this document for my consultation on the Heart Foundation Walking website at https://walking.heartfoundation.org.au and that I will be notified of any substantive changes in advance by my group’s Walk Organiser (if applicable), Heart Foundation communication channels and by any one or more of written notice on the Heart Foundation Walking website.
If I do not consent to be bound by this document as varied from time to time or I choose to withdraw my consent, I must immediately withdraw from the Heart Foundation Walking program I am participating in.

Capacity

I confirm that I am over 18 and of full legal capacity or, if I am applying on behalf of a person not of full legal capacity, I warrant that I am a person legally entitled to sign on behalf of that person (for example, guardian, person having suitable power of attorney)(Authorised Person). If I am signing up as an Authorised Person, I agree to these Terms and Conditions and consent to the collection and use of their personal information as outlined in the Privacy Collection Notice presented on registration and Privacy Policy of the Heart Foundation (Privacy Policy | Heart Foundation) on behalf of that person.
I provide my consent to receiving marketing updates and communications from the Heart Foundation, or if I am applying as an Authorised Person, I provide their consent to receiving such updates and communications from the Heart Foundation, with the understanding that they can opt out at any time.

Safe Participation

Your safety is our top priority, and we encourage all participants to follow our program guidelines to ensure a safe and enjoyable experience.

I acknowledge that while walking is generally a safe and low-impact activity it can range from slow pace to vigorous and there are some potential risks, including slips, trips, or falls, muscle strains, dehydration, and exacerbation of pre-existing medical conditions.
I understand that activity in the Personal Walking Plan will include, but may not be limited to, walking, strength and stretching exercises ranging from quite gentle to challenging depending on the level of plan I undertake.
I warrant that I have the capacity to safely perform the Personal Walking Plan activity and that I will not continue with the plan if any condition arises that may impact my ability to do so.

Jurisdiction

I agree that any dispute arising under or in relation to these terms and conditions shall be subject to the laws and courts of the State or Territory in which I participate in Heart Foundation Walking or PWP Activities.

Risk, Release and Indemnity

I accept all risk, responsibility and liability whatsoever and howsoever arising from or in connection with such of my children and/or animals (if any) that accompany me in or in relation to Heart Foundation Walking activities, including the Personal Walking Plan
I accept in my sole responsibility all risks and liabilities that may arise from my participation in Heart Foundation Walking including the Personal Walking Plan, including the risk of injury or loss of life.
I release the Heart Foundation from all claims, liability and proceedings arising from or in relation to any loss, damage, expense or injury which may be sustained by me as a result of or in connection with: 

a. any negligence, wrongful act, omission or failure on the part of the Heart Foundation (to the extent permitted by law); or my participation in Heart Foundation Walking, including the Personal Walking Plan.
I indemnify the Heart Foundation against:

1. all losses incurred; 
2. all liabilities incurred; and 
3. all costs actually payable by the Heart Foundation to their legal representatives (whether or not under a costs agreement) and other expenses incurred by the Heart Foundation in connection with a claim, action or proceeding, arising as a result of or in connection with my participation in Heart Foundation Walking including the Personal Walking Plan, and/or Heart Foundation Walking Activities including the Personal Walking Plan Activities.

5. I release the Heart Foundation from all liability for any loss, damage, expense or personal injury which may be sustained by me by reason of any neglect, act, omission or failure on the part of the Heart Foundation as a result of or in connection with the collection of my Personal Information provided in my participation, including, but not limited to, production of any media.

Media and publicity

By participating in the program, I consent to the sharing of my Contact Information with relevant parties if necessary for my safety, or to comply with funding or government organisation regulations.
The Heart Foundation has the right to use my image to promote the Heart Foundation Walking program for internal purposes and consent is hereby given by accepting these Terms and Conditions.
If the Heart Foundation seeks to publish my details or images on any public or social media platforms, they will obtain my specific consent before publication.
I must seek approval from the Heart Foundation regarding any use of the Heart Foundation’s logo at events and in photo opportunities.

Permission

If the Heart Foundation Walking activity is held on Private Land or part of Private Land, you are solely responsible for:

1. obtaining prior written permission from the Private Land owner;  
2. ensuring that the Private Land is safe, accessible and suitable for the Heart Foundation Walking activity to be conducted;
3. ensuring the owner of the Private Land holds current public liability insurance for the Private Land and that such insurance coverage extends to the Heart Foundation Walking activity.

Personal Walker acceptance clause

I warrant that I have read, considered, reviewed and understood these Terms and Conditions, and the information required by the Personal Walking Plan Registration Form prior to submitting my application to participate in Personal Walking Plan Activities (PWP Activities). 
I warrant that I have the capacity to safely perform the Personal Walking Plan and that I will not continue with the plan if any condition arises that may impact my ability to do so.
I acknowledge that the Heart Foundation will contact me via the email address and mobile phone number I supply in my Personal Walking Plan application.
I acknowledge that the Heart Foundation may communicate with me via SMS and the Heart Foundation. I acknowledge that such system will only be monitored during business hours and is not equipped to handle emergencies. If I am or someone I know is in immediate danger, I should contact [Lifeline: 13 11 14] or emergency services. I acknowledge that I can opt out of communications with the Heart Foundation at any time by responding “STOP” to the SMS.
I acknowledge that the Heart Foundation may use artificial intelligence (AI) systems to generate content and responses to such communications in accordance with our Privacy Policy.

Definitions

In these Terms and Conditions:  

Background Check means a National Police Check of your criminal record, which will be conducted by the Heart Foundation through a contracted third-party provider, and/or a Working with Vulnerable Persons (or similar) check as provided for in your State or Territory of residence; 

Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made. 

Confidential Information means all information that is not in the public domain that is by its nature confidential or that has been designated as confidential by the disclosing party, and includes all trade secrets, financial information and other commercially or scientifically valuable information of whatever description and in whatever form (whether written or oral, visible or invisible). 

Contact Information means any information that can be used to identify and communicate with an individual. This includes, but is not limited to, the individual's address, telephone number, email address, and any other information as provided to the Heart Foundation from time to time.

Corresponding Obligations means, for Walk Organisers, their obligations under the Walk Organiser Terms and Conditions. 

Heart Foundation means the National Heart Foundation of Australia (ABN 98 008 419 761) and includes where relevant its Personnel; 

Heart Foundation Associates means all persons or corporations associated or affiliated directly or indirectly with the Heart Foundation; 

Heart Foundation Walking means the Heart Foundation’s program to establish and promote participation in Walking; 

Heart Foundation Walking Brand Guidelines means the brand guidelines available at https://walking.heartfoundation.org.au as amended from time to time by the Heart Foundation. 

Heart Foundation Walking Activities means all activities associated with Heart Foundation Walking; 

Host Organisation means an organisation participating in Heart Foundation Walking with a view to promoting Walking in their area; 

Host Organisation Application Form means the application form, available at https://walking.heartfoundation.org.au, which is to be completed by all organisations wishing to apply to become a Host Organisation. 

Host Organisation Logos means the trademarks and logos of the Host Organisation and its related bodies corporate (if relevant) provided by the Host Organisation to the Heart Foundation for use in the Promotional Material. 

Intellectual Property includes any: 

design, patent, trademark, semiconductor, circuit layout or plant breeder rights (whether registered, unregistered or applied for). 

trade, business, company or domain name. 

know-how, inventions, processes, confidential information (whether in writing or recorded in any form). 

any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields. 

Local Coordinator means a person nominated by the Host Organisation, who is either an employee of the Host Organisation or a representative funded by the Host Organisation (unless otherwise agreed by the Heart Foundation in writing), who coordinates Heart Foundation Walking Activities in their local area on behalf of the Host Organisation, including being the primary point of contact for Walk Organisers and walking groups in their area;  

Local Coordinator Handbook means the publication provided to individuals participating (or intending to participate) in Heart Foundation Walking as a Local Coordinator by the Heart Foundation, in relation to Heart Foundation Walking; 

Local Coordinator Training & Implementation Resources means the training and resources provided from time to time, including the training video which must be viewed as part of the registration process. This training must be completed in order to understand and carry out the role of a Heart Foundation Walking Local Coordinator as amended from time to time by the Heart Foundation;  

Nominated Area means the area specified in Item 3 of the Host Organisation Application Form and may include public open spaces. 

Participants means any person who participates in Heart Foundation Walking at or in relation to the Nominated Area but does not include any Host Organisation Personnel with the exception of a Host Organisation Personnel who is also the Walk Organiser. 

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth) as it may be amended from time to time. 

Personal Walking Plan means the Heart Foundation’s program to establish and promote participation in walking.  

Personal Walking Plan Activities (PWP Activities) means activities including but not limited to walking, stretching and strengthening exercises, as included in your Personal Walking Plan, 

Personal Walking Plan Registration Form means  the form to be completed by those interested in participating in Personal Walking Plan with the Heart Foundation 