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Personal Walking Plan
Group walker
Local coordinator
Host organisations
Walk organisers
Thank you for joining our Heart Foundation Walking program.

Before you get started, please review and accept the Terms and Conditions. These are in place to help ensure a safe, enjoyable, and rewarding experience for all participants. By agreeing to be bound by these Terms and Conditions, you’re helping us create a supportive walking community that promotes health and well-being for everyone. We’re excited to support you on this journey to better health.  

By participating in the 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 program improvements. We encourage you to check our website periodically to stay informed of the latest version. We will always notify you of any significant updates, and appreciate your understanding. 

  1.  I acknowledge and understand that the most current version of these Terms & Conditions will be available on the Heart Foundation Walking website at  https://heartfoundationwalking.org.au. I understand that I will be notified of any significant changes in advance by my group’s walk organiser (if applicable), Heart Foundation communication channels or a written notice on the website.
  2. If I do not agree to any updated Terms and Conditions, or I choose to withdraw my consent, I must immediately withdraw from Heart Foundation Walking. 

Definitions

Key terms explained:  

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Assistance Animal means an assistance animal as defined in section 9 of the Disability Discrimination Act 1992 (Cth);  

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 as provided by the Heart Foundation.  

Heart Foundation Walking Activities means all activities associated with Heart Foundation Walking and includes Personal Walking Plans, walking, strength and stretching exercises as available as a Heart Foundation online resource;  

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:  

  1. copyright. 
  2. design, patent, trademark, semiconductor, circuit layout or plant breeder rights (whether registered, unregistered or applied for). 
  3. trade, business, company or domain name. 
  4. know-how, inventions, processes, confidential information (whether in writing or recorded in any form). 
  5. 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  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. This also includes any publication provided to individuals;   

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  

Personnel means the employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers and subcontractors of a party, and in the case of the Host Organisation includes the Local Coordinator.  

Privacy Laws mean all legislation, principles, industry codes and policies regulating the handling of Personal Information including the Privacy Act 1988 (Cth).  

Private Land means any area of land not accessible to members of the public for Walking without the prior consent of the legal owner.  

Promotional Material means any materials (regardless of form or format) produced by the Heart Foundation to promote Heart Foundation Walking and includes posters, pamphlets and flyers, handbooks, registration forms and other forms together with their digital equivalents.  

Terms and Conditions means this document;  

Walk Organiser means a person who manages and organises a Heart Foundation Walking group;  

Walk Organiser Registration Form means the form to be completed available for those interested in participating in Heart Foundation Walking as a Walk Organiser;  

Walk Organiser Resources  means the publications and materials (as amended from time to time) that are provided by the Heart Foundation to individuals participating  as a Walk Organiser ;  

Walk Organiser Training Module means the training module to be completed to understand and carry out the role of a Heart Foundation Walking Walk Organiser;  

Walker means an individual participating (or intending to participate) in Heart Foundation Walking;  

Walker Registration Form means the form to be completed by those interested in participating in Heart Foundation Walking as a Walker; and  

Walking means ambulation (or the use of a wheelchair or other mobility aid) on a firm surface. For the avoidance of doubt, Walking excludes walking in water.  

Personal Walking Plans

Capacity

  1. I confirm that I am over 18 and of full legal capacity or, if I am registering 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.
  2. 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 - Personal Walking Plans

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

  1. 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.
  2. 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.
  3. 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 activities. 

Risk, Release and Indemnity

  1. I accept all risk, responsibility and liability arising from or in connection with any children and/or animals accompanying me in Heart Foundation Walking activities.
  2. I accept sole responsibility for all risks and liabilities arising from my participation in Heart Foundation Walking Activities, including the risk of injury or loss of life.  
  3. 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  
    (b) my participation in Heart Foundation Walking Activities 
  4. I indemnify the Heart Foundation against:
    a) all losses incurred; 
    b) all liabilities incurred; and 
    c) 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 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

  1. By participating in the program, I consent to sharing my Contact Information with relevant parties if necessary for my safety, meeting program organiser requirements, or complying with funding or government regulations.   
  2. By accepting these terms and conditions, I grant the Heart Foundation the right to use my image for internal purposes to promote Heart Foundation Walking. 
  3. If the Heart Foundation wishes to publish my details or images on any public or social media platforms, they will obtain my specific consent before doing so. 
  4. I must obtain approval from the Heart Foundation before using the Heart Foundation’s logo at events or in photo opportunities. 

Personal Walking Plans acceptance clause

  1. 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).  
  2. 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.    
  3. 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. 
  4. 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.  
  5. 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. 

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.

Walker

Capacity

  1. I confirm that I am over 18 and of full legal capacity or, if I am registering 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.
  2. 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. To help ensure a safe and enjoyable experience, we encourage all participants to follow the Heart Foundation Walking program guidelines.  This includes following instructions from walk organisers, informing us of any concerns that may affect your ability to participate safely, and requesting any specific accommodations to support a comfortable and inclusive experience.  

  1. I acknowledge that while Heart Foundation Walking Activities are generally safe and low-impact, they can vary in intensity and carries some potential risks, including slips, trips or falls, muscle strains, dehydration, and exacerbation of pre-existing medical conditions. 
  2. To help minimise risk of injury or accidents,  I agree to wear appropriate footwear, stay hydrated, follow all safety guidance for the walk location, adhere to instructions provided by walk organisers, inform the walk organiser of any concerns that may impact  my ability to safely participate, and follow advice provided by my own medical team (if any) so that I may walk safely.
  3. I agree to promptly report any incidents, near misses, or safety concerns to the walk organiser.  
  4. The Heart Foundation will make reasonable efforts to accommodate specific requests for adjustments or assistance to Heart Foundation Walking Activities where they are reasonably able to do so. I acknowledge that I must notify the walk organiser of any required assistance or adjustments before participating in a Heart Foundation Walking activity.    

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 activities. 

Risk, Release and Indemnity

  1. I accept all risk, responsibility and liability arising from or in connection with any children and/or animals accompanying me in Heart Foundation Walking activities.
  2. I accept sole responsibility for all risks and liabilities arising from my participation in Heart Foundation Walking Activities, including the risk of injury or loss of life.  
  3. 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  
    (b) my participation in Heart Foundation Walking Activities 
  4. I indemnify the Heart Foundation against:
    a) all losses incurred; 
    b) all liabilities incurred; and 
    c) 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 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.   

Removal from program

  1. I acknowledge that in the interest of maintaining a safe and positive environment, the Heart Foundation  and/or walk organiser has the right to remove any participant who fails to comply with the Terms and Conditions, disregards safety guidelines, or engages in behaviour that jeopardises the well-being of others. 
  2. I acknowledge that a walk organiser may determine, at their discretion, that it is unsuitable or unsafe for me to continue walking. 
  3. I acknowledge and accept that, in the interests of a safe walk for all participants, a walk organiser may, at their discretion, determine that any animal or child I bring to a Heart Foundation Walking activity is unsuitable or poses a safety risk to other participants. If so, I must leave the  activity with the animal or child. This clause does not apply to an Assistance Animal. 
  4. For the avoidance of doubt, any Assistance Animal is permitted to accompany a participant in any Heart Foundation Walking activity.
  5. I acknowledge that the Heart Foundation reserves the right, in its sole discretion, to exclude or reject me from participating in Heart Foundation Walking at any time, provided they provide written explanation. 

Media and publicity

  1. By participating in the program, I consent to sharing my Contact Information with relevant parties if necessary for my safety, meeting program organiser requirements, or complying with funding or government regulations.   
  2. By accepting these terms and conditions, I grant the Heart Foundation the right to use my image for internal purposes to promote Heart Foundation Walking. 
  3. If the Heart Foundation wishes to publish my details or images on any public or social media platforms, they will obtain my specific consent before doing so. 
  4. I must obtain approval from the Heart Foundation before using the Heart Foundation’s logo at events or in photo opportunities. 

Walker acceptance clause

  1. I warrant that I have read and understood these Terms and Conditions, and the  walker registration form . 
  2. I warrant that I am fit to participate in Heart Foundation Walking Activities and that I will not continue if any condition arises that affects my ability to do so safely.   
  3. I confirm that the information in my registration form is true and correct, and I will immediately notify the Heart Foundation of any changes.  
  4. 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. 
  5. 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. 

Heart Foundation Warranties

The Heart Foundation warrants that it will comply with the following obligations:  
  1. The Heart Foundation will provide ongoing education / training sessions to the Local Coordinator, in the form of webinar and/or in person, when appropriate. 
  2. The Heart Foundation will provide Heart Foundation Walking registration forms on its website at www.heartfoundationwalking.org.au and will arrange for the creation and maintenance of records relating to registered walkers as specified in corresponding program documentation (as varied from time to time). 
  3. The Heart Foundation may publicise the host organisation’s Heart Foundation Walking group(s) to the general community, health professionals, community and other service groups, as part of Heart Foundation Walking promotional strategies. 
  4. The Heart Foundation will provide online reporting functions relating to Heart Foundation Walking as specified in corresponding program documentation (as varied from time to time). 
  5. The Heart Foundation will stock and administer Heart Foundation Walking merchandise and printed resources to Participants including the provision of Walker Rewards. 
  6. Without prejudice to any other rights or obligations it may have, where complaints are raised to the Heart Foundation regarding the conduct of a walk organiser (and additionally, if the Heart Foundation deems it necessary, on a random sampling basis), the Heart Foundation will arrange for investigation of compliance of the relevant walk organiser with the Corresponding Obligations. 
  7. The Heart Foundation must ensure that any promotional material, publications or activities relating to the host organisation or including the host organisations logos or name is agreed to by the host organisation prior to publication or implementation.  

Heart Foundation Warranties - Offline Walker

I understand that by providing my registration information to an employee of the Heart Foundation, it will be entered into the Heart Foundation’s online walking portal and associated systems for program administration, as well as marketing promotional activities in accordance with the Heart Foundation’s Privacy Collection Notice and Privacy Policy, which I have read and accept.

Local coordinator

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 activities. 

Risk, Release and Indemnity

  1. I accept all risk, responsibility and liability arising from or in connection with any children and/or animals accompanying me in Heart Foundation Walking activities.
  2. I accept sole responsibility for all risks and liabilities arising from my participation in Heart Foundation Walking Activities, including the risk of injury or loss of life.  
  3. 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  
    (b) my participation in Heart Foundation Walking Activities 
  4. I indemnify the Heart Foundation against:
    a) all losses incurred; 
    b) all liabilities incurred; and 
    c) 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 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

  1. By participating in the program, I consent to sharing my Contact Information with relevant parties if necessary for my safety, meeting program organiser requirements, or complying with funding or government regulations.   
  2. By accepting these terms and conditions, I grant the Heart Foundation the right to use my image for internal purposes to promote Heart Foundation Walking. 
  3. If the Heart Foundation wishes to publish my details or images on any public or social media platforms, they will obtain my specific consent before doing so. 
  4. I must obtain approval from the Heart Foundation before using the Heart Foundation’s logo at events or in photo opportunities. 

Local coordinator requirements

  1. I must comply with all Heart Foundation training requirements including the local coordinator training and support resources, and all reasonable and further training or education as required by the Heart Foundation. 
  2. I acknowledge that I must be over 18 years of age with full legal capacity to be a local coordinator. 
  3. I will not conduct, organise, undertake or otherwise be involved in any activity that purports to be approved by or associated with Heart Foundation Walking unless I have the Heart Foundation’s prior written approval to do so. 
  4. I warrant that for so long as I am a local Coordinator, I will keep up to date with and understand the walker Terms and Conditions, the walk organiser Terms and Conditions and the Walk Organiser Resources. 
  5. I will acknowledge the Heart Foundation and specified Heart Foundation Walking funding partners when promoting Heart Foundation Walking, in accordance with the Heart Foundation Walking Brand Guidelines, which are available upon request. 
  6. I agree to use the following statement to describe Heart Foundation Walking when promoting the program: “Heart Foundation Walking is Australia’s largest community-based walking network, coordinated locally by (insert host organisation)”. 
  7. I must provide true and correct information to the Heart Foundation and promptly notify the Heart Foundation of any changes. 
  8. I understand that my Contact Information will be made available upon request, to both potential and existing walk organisers, so that anyone interested or involved in Heart Foundation Walking can get in contact with me. I will promptly advise the Heart Foundation of any change to my contact details.  
  9. I will immediately advise the Heart Foundation in writing if I am no longer employed by my host organisation.  

Local coordinator acceptance clause

  1. I warrant that I have read and understood these Terms and Conditions,  the resources,  and the local coordinator registration form.
  2. I warrant that I am able to perform the duties of a local coordinator and will inform program organisers if any condition arises that may affect my ability to do so.
  3. 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. 
  4. 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.
  5. In the event I elect to join a Heart Foundation Walking Activity, I warrant that I am fit to participate  and that I will not continue  if any condition arises that affects my ability to do so safely.   

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.

Heart Foundation Warranties

The Heart Foundation warrants that it will comply with the following obligations:  
  1. The Heart Foundation will provide ongoing education / training sessions to the Local Coordinator, in the form of webinar and/or in person, when appropriate. 
  2. The Heart Foundation will provide Heart Foundation Walking registration forms on its website at www.heartfoundationwalking.org.au and will arrange for the creation and maintenance of records relating to registered walkers as specified in corresponding program documentation (as varied from time to time). 
  3. The Heart Foundation may publicise the host organisation’s Heart Foundation Walking group(s) to the general community, health professionals, community and other service groups, as part of Heart Foundation Walking promotional strategies. 
  4. The Heart Foundation will provide online reporting functions relating to Heart Foundation Walking as specified in corresponding program documentation (as varied from time to time). 
  5. The Heart Foundation will stock and administer Heart Foundation Walking merchandise and printed resources to Participants including the provision of Walker Rewards. 
  6. Without prejudice to any other rights or obligations it may have, where complaints are raised to the Heart Foundation regarding the conduct of a walk organiser (and additionally, if the Heart Foundation deems it necessary, on a random sampling basis), the Heart Foundation will arrange for investigation of compliance of the relevant walk organiser with the Corresponding Obligations. 
  7. The Heart Foundation must ensure that any promotional material, publications or activities relating to the host organisation or including the host organisations logos or name is agreed to by the host organisation prior to publication or implementation.  

Host Organisations

Safe participation

Your safety is our top priority, and we encourage all host organisations to implement the Heart Foundation Walking program’s risk assessment and guidelines to ensure a safe and enjoyable experience. This includes providing safety instructions to your walk organisers, asking participants to advise you of any concern that may impact their ability to safely participate, and promptly reporting any incidents, near misses, or safety concerns to the Heart Foundation.  

Together, we can create a safe and supportive environment for everyone in the Heart Foundation Walking program.  

1. The host organisation is obligated to ensure the safe operation and participation of the walking program it conducts. This should include: 
  • a risk assessment for each walking activity and location; and
  • walker registration being completed, where this is possible.    

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.

Interpretation

  1. Agreement means this document, including any schedule or annexure to it, together with corresponding details from the host organisation registration form. 
  2. Reference to:  
  • one gender includes the others; 
  • the singular includes the plural and the plural includes the singular;  
  • a person includes a body corporate;  
  • a party includes the party’s executors, administrators, successors and permitted assigns;  
  • a statute, regulation, code or other law or a provision of any of them includes:  
    • any amendment or replacement of it; and  
    • another regulation or other statutory instrument made under it, or made under it as amended or replaced; and  
    • dollars means Australian dollars unless otherwise stated.  
3. “Including” and similar expressions are not words of limitation.  
4. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.   
5. Headings and any table of contents of index are for convenience only and do not form part of this Agreement or affect their interpretation.  
6. A provision of these Terms and Conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.   
7. If an act must be done on a specified day that is not a Business Day, it must be done instead on the next Business Day.   
8. If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more of them jointly.   

Host organisation obligations

  1. The host organisation undertakes to provide Heart Foundation Walking groups free of charge to all members of the public who register to walk, unless the group is a private Heart Foundation Walking group, in which case Heart Foundation Walking is to be provided to that group free of charge. For the avoidance of doubt, no member or joining fee may be required in order to access a private Heart Foundation Walking group.  
  2. The host organisation undertakes during the Term to promote the operation of Heart Foundation Walking groups within and/or through the Nominated Area and ancillary Heart Foundation Walking activities.  
  3. The host organisation must immediately notify the Heart Foundation in writing if they receive notice from the local coordinator terminating their employment or any notice that the local coordinator is no longer acting as a local coordinator. 
  4. The host organisation is responsible for ensuring that at all times there is a local coordinator in place for the host organisation.
  5. The Heart Foundation will provide material support and otherwise cooperate with the host organisation in respect of the host organisation’s obligations as arising under clause 1. 

Term

This Agreement commences on the date on which the Heart Foundation notifies the host organisation of its acceptance of the Host Organisation Agreement and ends when one party gives 30 days written notice terminating this Agreement  (Term).

Intellectual Property Rights

  1. No title or other ownership rights in Intellectual Property or otherwise in the Promotional Material, and all copies thereof, including translations, compilations, derivative works and partial copies, shall pass to the host organisation under this Agreement. 
  2. The host organisation must not copy, alter, modify or otherwise use or interfere with the Promotional Material, or any portion of it, except to the extent strictly compliant with the Heart Foundation Walking Brand Guidelines as varied from time to time. 
  3. The host organisation must not use any Heart Foundation logo, mark or name except to the extent strictly compliant with the Heart Foundation Walking Brand Guidelines as varied from time to time. 
  4. The Heart Foundation acknowledges and agrees that: 
    • It has no right, title or interest in any of the host organisation logos, except use of the host organisation logos in the manner expressly approved by the host organisation in writing.
    • Nothing in this Agreement will be construed as an assignment or grant to the Heart Foundation of any right, title or interest in or to any of the host organisation logos. 
5. It will not take action to the detriment of the rights or interests of the host organisation in the host organisation logos.  

Confidentiality

  1. A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information. 
  2.  A party is not in breach of this clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.  
  3. Each party must take all reasonable steps to ensure that its Personnel engaged for the purposes of this Agreement, do not make public or disclose the other party’s Confidential Information. 
  4. Despite any other provision of this clause, both parties may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers or accountants, and must ensure that every person to whom that disclosure is made uses that information solely for the purposes of advising or reporting to that party.  
  5. This clause survives the termination of this Agreement.  

Compliance with laws

The Heart Foundation, the host organisation and their respective Personnel must perform their obligations under this Agreement in accordance with all laws and regulations, whether in force now or during the Term, including, but not limited to:
  1. the Privacy Act 1988 (Cth);  
  2. the Do Not Call Register Act 2006 (Cth);  
  3. the Spam Act 2003 (Cth);  
  4. the Telecommunications Act 1997 (Cth);  
  5. the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Cth);  
  6. all laws and regulations relating to charitable fundraising, including lottery and gaming;  
  7. all laws (including Codes of Practice, directions or notices issued or approved under any Laws) addressing work health and safety which apply in the jurisdiction or jurisdictions in which the Agreement, or any part of the Agreement; 
  8. all relevant industry codes of practice; and 
  9. any other statute, law, rule, regulation, proclamation, order in council, ordinance, by-law or statutory instrument (including but not limited to orders, directions, guidelines or standards with legislative force), where relevant to the performance of its obligations under or in relation to this Agreement as amended from time to time.  

Heart Foundation Warranties

The Heart Foundation warrants that it will comply with the following obligations:  

  1. The Heart Foundation will provide ongoing education / training sessions to the Local Coordinator, in the form of webinar and/or in person, when appropriate. 
  2. The Heart Foundation will provide Heart Foundation Walking registration forms on its website at www.heartfoundation.org.au/walking and will arrange for the creation and maintenance of records relating to registered walkers as specified in corresponding program documentation (as varied from time to time). 
  3. The Heart Foundation may publicise the host organisation’s Heart Foundation Walking group(s) to the general community, health professionals, community and other service groups, as part of Heart Foundation Walking promotional strategies. 
  4. The Heart Foundation will provide online reporting functions relating to Heart Foundation Walking as specified in corresponding program documentation (as varied from time to time). 
  5. The Heart Foundation will stock and administer Heart Foundation Walking merchandise and printed resources to Participants including the provision of Walker Rewards. 
  6. Without prejudice to any other rights or obligations it may have, where complaints are raised to the Heart Foundation regarding the conduct of a walk organiser (and additionally, if the Heart Foundation deems it necessary, on a random sampling basis), the Heart Foundation will arrange for investigation of compliance of the relevant walk organiser with the Corresponding Obligations.
  7. The Heart Foundation must ensure that any promotional material, publications or activities relating to the host organisation or including the host organisations logos or name is agreed to by the host organisation prior to publication or implementation.  

Host Organisation Warranties

  1. The host organisation warrants that it will comply with the following obligations: 
    1. The host organisation must ensure that any promotional material complies with Heart Foundation Walking Brand Guidelines and is agreed to by the Heart Foundation prior to publication or implementation. 
    2. The host organisation must ensure the local coordinator carries out their obligations in accordance with the obligations noted in this Agreement. 
    3. If the walk organiser is an employee of the host organisation, the host organisation must ensure that the walk organiser carries out its obligations in accordance with the walk organiser terms and conditions as amended from time to time by the Heart Foundation. 
  2. The host organisation warrants that it will ensure that the appointed local coordinator: 
    1. has knowledge of the local coordinator training and implementation resources and the local coordinator registration form. 
    2. in conducting or participating in Heart Foundation Walking activities, will comply with any instructions in the local coordinator training and implementation resources and any reasonable directions relating to Heart Foundation Walking activities received from any one or more of a Heart Foundation representative or a host organisation representative. 
    3. will not conduct, organise, undertake or otherwise be involved in any activity that purports to be approved by or associated with Heart Foundation Walking unless the host organisation has received the Heart Foundation’s prior written approval to do so. 
    4. is aware of and understands the current walker terms and conditions, the walk organiser terms and conditions and the Materials. 
    5. will comply with all Heart Foundation training requirements including viewing the local coordinator training video and all further training or education as reasonably required by the Heart Foundation. 
    6. will provide true and correct information to the Heart Foundation and promptly notify the Heart Foundation of any changes. 
    7. will not disclose or use Participant’s personal information other than for the purposes of administering the Heart Foundation Walking program and not for any other personal, private or commercial use. 
  3. If the local coordinator is no longer affiliated with the host organisation or becomes unavailable to perform their duties, the host organisation must notify the Heart Foundation as soon as practical and arrange for a replacement local coordinator, keeping the Heart Foundation updated throughout the process.  

Liability and indemnity

  1. Each party indemnifies (Indemnifying Party) and will keep indemnified the other (including all of its Personnel) (Those Indemnified) from and against all claims, actions, proceedings, demands, costs or expenses arising directly or indirectly from any breach of this Agreement.  
  2. Each party’s liability to indemnify the other under this clause will be reduced proportionately to the extent of any breach by the other of any of its warranties or obligations under this Agreement. 
  3. The Indemnifying Party acknowledges and agrees that the benefit of the indemnity under paragraph 1 to the Personnel of Those Indemnified is held on trust by Those Indemnified. 
  4. In accordance with this clause, the Heart Foundation’s liability to indemnify the host organisation will be limited to the extent that any insurance will apply.  
  5. The obligations and indemnities in this clause survive the termination or expiration of this Agreement.  

Insurance

  1. Each party must, at their own expense, effect and maintain with a reputable insurance company for the Term of this Agreement in amounts commensurate with those amounts that a responsible entity would put in place to cover the risks associated with Heart Foundation Walking adequate insurance to cover their obligations under this Agreement, including: 
    1. public and products liability insurance;  
    2. Workers compensation insurance as required by statute and where that statutory insurance does not include cover for employer’s liability at common law, appropriate employer’s liability insurance.
  2. For the avoidance of doubt: 
    1. The Heart Foundation is solely responsible for volunteer and workers compensation insurance for walking program organisers; and  
    2. The Host Organisation remains solely responsible for workers compensation insurance for their employees (including the local coordinator).
  3. The Host Organisation must deliver to the Heart Foundation copies of certificates of insurance effected and maintained pursuant to paragraph 1 within a reasonable time, upon request.  

Dispute resolution

  1. If there is a dispute as to any matter under or in connection with this Agreement, the party raising the dispute must provide the other party notice of the dispute with an outline of the nature of the issues and the preferred resolution to the other party in writing within ten Business Days. 
  2. Should the dispute remain unresolved, either party may refer the dispute to an independent expert appointed in accordance with this clause. The independent expert shall be chosen by agreement between both parties, and costs and expenses shall be borne equally by both parties to the dispute. 
  3. This clause does not prevent any party from obtaining injunctive, declaratory or other interlocutory relief from a court which may be urgently required.  

Default and termination

  1. Either party may terminate this Agreement by giving the other party 60 days’ notice in writing or such other period as may agreed to between the parties in writing. 
  2. The Heart Foundation may terminate this Agreement by giving 14 days’ written notice to the host organisation if the funding in relation to Heart Foundation Walking is suspended, terminated or otherwise unavailable. 
  3. Either party may terminate this Agreement by giving the other party 14 days’ written notice if circumstances arise which materially affect that party’s ability to run Heart Foundation Walking. 
  4. On termination of this Agreement under this clause each party retains its rights against the other party in respect of any past breach, in addition to any other rights, powers or remedies provided by law.  

Effect of termination

If this Agreement terminates for any reason:   
  1. each party: 
    1. is released from its obligations to further perform the Agreement; and  
    2. retains the rights it had against the other party in respect of any past breach in addition to any other rights, powers or remedies provided by law.  
  2. the Host Organisation must:  
    1. cease to display and distribute promotional material;  
    2. not reproduce, modify, adapt or exploit any Heart Foundation intellectual property; and  
    3. return or make available for collection all promotional material.   

Force majeure

  1. A party (Affected Party) is not liable for any delay or failure to perform an obligation (other than to pay money) under the Agreement caused by:  
    1. a natural catastrophe or disaster such as an earthquake or severe storm
    2. war, terrorism, riot, insurrection, vandalism or sabotage
    3. strike, lockout, ban, limitation of work or other industrial disturbance
    4. law, rule or regulation of any government or governmental agency and executive or administrative order or act of general or particular application. 
  2. The Affected Party must notify each other party as soon as practical of any anticipated delay or failure caused by an event referred to in clause 15.1 (Event).  
  3. The performance of the Affected Party’s obligation is suspended for the period of delay caused by the Event. 
  4. If:   
    1. performance of an obligation is prevented by an Event; or 
    2. a delay caused by the Event exceeds 60 days; 
any party may terminate this Agreement at the expiration of not less than 60 days’ notice to the other parties.  

Assignment

A party may not assign or otherwise deal with this Agreement unless it is in writing and signed by the parties or their duly authorised representative. Consent must not be unreasonably withheld from the other party. 

Severability

  1. If any provision in this Agreement is unenforceable, illegal or void or makes this Agreement or any part of it unenforceable, illegal or void, then that provision is severed, and the rest of this Agreement remains in force. 
  2. If any provision in this Agreement is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes this Agreement or any part of it unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of this Agreement in the jurisdiction where it is unenforceable, illegal or void.  

Statutory requirements

In carrying out this Agreement each party must comply with the requirements of all laws and all permits and directions of competent authorities.  

Further assurance

Each party must promptly at its own cost do all things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Agreement.  

Entire understanding

This Agreement:
  1. is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and
  2. supersedes any prior agreement or understanding on anything connected with that subject matter.

Variation

Any amendment or variation to this Agreement is not effective unless it is in writing and agreed by the parties or their duly authorised representatives.  

Waiver

  1. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. 
  2. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. 
  3. A waiver is not effective unless it is in writing. 
  4. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.  

Noticies

Any notice, demand, consent or other communication between the parties may be delivered personally, sent prepaid or registered mail or email  to the address of the other party’s Contact Person as identified at Item 2 of the host organisation registration form, as amended from time to time, and any such notice will be deemed to have been received on the date it is recorded as having been delivered.  

Governing law and jurisdiction

  1. The law of Victoria governs this Agreement. 
  2. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia. 

Host organisation sign off

I warrant that in placing my signature on the Host Organisation registration form that I represent and warrant that I have the relevant power and authority to accept these Terms and Conditions on behalf of the Host Organisation.

Walk organiser

Capacity

  1. I confirm that I am over 18 and of full legal capacity or, if I am registering 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.
  2. 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.  

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 activities. 

Risk, Release and Indemnity

  1. I accept all risk, responsibility and liability arising from or in connection with any children and/or animals accompanying me in Heart Foundation Walking activities.
  2. I accept sole responsibility for all risks and liabilities arising from my participation in Heart Foundation Walking Activities, including the risk of injury or loss of life.  
  3. 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  
    (b) my participation in Heart Foundation Walking Activities 
  4. I indemnify the Heart Foundation against:
    a) all losses incurred; 
    b) all liabilities incurred; and 
    c) 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 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

  1. By participating in the program, I consent to sharing my Contact Information with relevant parties if necessary for my safety, meeting program organiser requirements, or complying with funding or government regulations.   
  2. By accepting these terms and conditions, I grant the Heart Foundation the right to use my image for internal purposes to promote Heart Foundation Walking. 
  3. If the Heart Foundation wishes to publish my details or images on any public or social media platforms, they will obtain my specific consent before doing so. 
  4. I must obtain approval from the Heart Foundation before using the Heart Foundation’s logo at events or in photo opportunities. 

Walk organiser requirements

  1. I acknowledge that I am over 18 years of age, with full legal capacity to be a walk organiser. 
  2. I will comply with all induction training as required by the Heart Foundation and all reasonable and further training or education as required.
  3. I acknowledge and agree that: 
    1. my registration as a walk organiser in Heart Foundation Walking is subject to the Heart Foundation conducting a satisfactory Background Check. I acknowledge that, before commencing any Heart Foundation Walking activity, I will:   
      1. provide all information required for the Background Check to be undertaken; and  
      2. provide all relevant consents for the Background Check to be undertaken. 
    2. if the Heart Foundation determines, in its sole discretion, that Background Check results are unsatisfactory and render me unsuitable for a volunteer walk organiser role, I will be notified in writing and I will not be registered or permitted to act as a walk organiser in any Heart Foundation Walking activities . 
  4. When conducting or participating in Heart Foundation Walking activities, I must comply with the instructions in the walk organiser training video and Walk Organiser Materials. I must also follow any directions related to Heart Foundation Walking activities given by a Heart Foundation representative, local Coordinator or a host organisation representative. 
  5. I will not conduct, organise, undertake or participate in any activity that claims to be approved by or associated with Heart Foundation Walking unless I have the Heart Foundation’s prior written approval to do so. 
  6. I acknowledge that the Heart Foundation maintains an insurance policy that may provide coverage for me in my capacity as a volunteer walk organiser, and that:  
    1. I will comply with all applicable requirements under the Heart Foundation’s insurance policy and understand that exclusions may apply;  
    2. I have the right to request in writing, a copy of the Heart Foundation’s insurance policy and the Heart Foundation will provide it within a reasonable timeframe.  
  7. If, due to my own acts or omissions, I and/or the Heart Foundation are not covered by the insurance policy , I accept in my sole responsibility  all risks and liabilities arising from my participation in Heart Foundation Walking, including the risk of injury or loss of life. I release the Heart Foundation from any claims, liability, demands and proceedings arising from or in relation to any loss, damage, expense or personal injury which may be sustained by me as a result of or in connection with: 
    1. any neglect, act, omission or failure on the part of the Heart Foundation; or 
    2. my participation in Heart Foundation Walking.  

Walk organiser acceptance clause

  1. I warrant that I have read and understood these Terms and Conditions, the Materials  and the  walk organiser registration form. 
  2. I warrant that I am able to perform the duties of a walk organiser safely and will  inform program organisers if any condition arises that may affect my ability to do so.
  3. 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.  
  4. 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. 

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.

Heart Foundation Warranties

The Heart Foundation warrants that it will comply with the following obligations:  

  1. The Heart Foundation will provide ongoing education / training sessions to the Local Coordinator, in the form of webinar and/or in person, when appropriate. 
  2. The Heart Foundation will provide Heart Foundation Walking registration forms on its website at www.heartfoundation.org.au/walking and will arrange for the creation and maintenance of records relating to registered walkers as specified in corresponding program documentation (as varied from time to time). 
  3. The Heart Foundation may publicise the host organisation’s Heart Foundation Walking group(s) to the general community, health professionals, community and other service groups, as part of Heart Foundation Walking promotional strategies. 
  4. The Heart Foundation will provide online reporting functions relating to Heart Foundation Walking as specified in corresponding program documentation (as varied from time to time). 
  5. The Heart Foundation will stock and administer Heart Foundation Walking merchandise and printed resources to Participants including the provision of Walker Rewards. 
  6. Without prejudice to any other rights or obligations it may have, where complaints are raised to the Heart Foundation regarding the conduct of a walk organiser (and additionally, if the Heart Foundation deems it necessary, on a random sampling basis), the Heart Foundation will arrange for investigation of compliance of the relevant walk organiser with the Corresponding Obligations.
  7. The Heart Foundation must ensure that any promotional material, publications or activities relating to the host organisation or including the host organisations logos or name is agreed to by the host organisation prior to publication or implementation.  

More Questions?

We're happy to help! If you have more questions get in touch with us walking@heartfoundation.org.au

For questions about your own health, please consult your GP or healthcare professional.