Parents Terms Conditions and Privacy Policy

EVENT AND FUNDRAISING TERMS AND CONDITIONS

TERMS

These school and club fundraising terms (Terms), together with the details in Create a Event page on the Colour Blast website (defined in clause 1), set out the agreement (Agreement) under the terms of which DIY Fundraising Pty Ltd (ACN: 641 654 471) (Colour Blast) will provide the Colour Blast Fundraising Services and/or Colour Blast event service and/or materials (defined in clause 2) to the school or club which you represent (Organisation).

FUNDRAISING, THIS AGREEMENT
- These Terms will apply to the School or club’s dealings with Colour Blast and the provision of Fundraising Services to the School by Colour Blast in accordance with the details set out in the create a event page (Create a Event). These Terms will also apply to any documents referenced in the create a event page and will also form part of this Agreement.
- The School or club will be taken to have accepted this Agreement if the School or club orders or accepts any Fundraising or event Services provided by Colour Blast.
- In the event of any inconsistency between these Terms and any Create a Event page details, the clauses of these Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” set out in the Create a Event page will prevail over these Terms to the extent of any inconsistency.
FUNDRAISING SERVICES
- PROVISION OF FUNDRAISING SERVICES
  - In consideration for the Fees set out in the Create a Event page (Fees), Colour Blast will provide the School or Club with the Fundraising and or Event services set out in a Create a Event page (Fundraising Services)
  - Unless otherwise agreed, Colour Blast may, in its discretion:
    - not commence work on any Fundraising or Event Services until the School or Club has directed the participant’s parent/guardian to pay the participation fees payable or the School or Club has agreed to pay for the participation of the entrants in respect of such Fundraising and or Event Services; and
    - withhold delivery of Fundraising or Event Services until Participant’s parents/guardians or School or Club have made payment of the participation fees in respect of such Fundraising and or Event Services.
  - PACKAGES
    - The School may select from several different Fundraising Services packages offered by Colour Blast or use Build a Blast to create their own package.
    - All packages include materials for pre-event fundraising and materials for the Colour Blast fun run (Fundraising Materials). Either digital or printed depending on your package.
    - Packages will differ on:
      - the quantity and type of Fundraising Materials provided; and
      - whether the School or Club has selected a package that includes the organisation and operation of the Colour Blast fun run Event (Fun Run) by Colour Blast.
    - MATERIALS
      - Colour Blast will provide the Fundraising Materials set out in the create a event page.
      - The quantity and type of the Fundraising Materials will depend on:
        
        the number of students participating in Fundraising or the Fun Run event; and
        
        the Fundraising Services package selected by the School.
      - The Fundraising Materials will include both materials and items to be used:
        
        prior to the Fun Run, for example, sponsorship forms and promotional posters; and
        
        during the Fun Run, for example, pre-packaged colour powder and award certificates.
      - Fundraising Materials are to be used only in accordance with the directions of Colour Blast’s or the manufacturer’s instructions.
    - FUN RUN
      - If the package selected by the School or Club and as set out in the create a event page includes the organisation and operation (HOSTED) of the Fun Run at the location (Site) on the agreed date and time (Fun Run Date) then Colour Blast will:
        
        view the site prior to the start time on the Fun Run Date;
        
        organise and set up the equipment and materials required to operate the Fun Run at the Site;
        
        during the Fun Run, organise the participants involvement in the Fun Run;
        
        organise any activities (if any) following the Fun Run; and
        
        pack up and remove all of Colour Blast’s equipment and materials from the site.
      - Operating a school or club event can involve many hundreds of participants, both students and adults, and although Colour Blast will ensure to organise and operate the Fun Run with due care and skill, Colour Blast may require assistance from the School or Club, for example to record participants and organise participants into groups. Accordingly, the School or club agrees to any reasonable requests for assistance by Colour Blast to operate the Fun Run.
    - SITE
      - If the package selected by the School or Club and as set out in the Create a Event Page includes the organisation and operation (Hosted) of the Fun Run by Colour Blast, then Colour Blast will require access to the Site prior to the Fun Run Date.
      - The School or Club must obtain any licences, permits and authorisations required to operate the Fun Run at the Site prior to the Fun Run Date.
      - Following the Fun Run, Colour Blast will remove all items of equipment and materials that belong to Colour Blast. Colour Blast may assist in any cleaning up or the packing up of items that do not belong to Colour Blast however, Colour Blast is under no obligation to do so and the School or Club agrees that it is the School or Club’s sole responsibility to ensure the Site is cleaned and restored to the standard required.
      - The School or Club agrees that it is the School or Club’s sole responsibility to satisfy itself with the suitability and appropriateness of the Site for the Fun Run Event to take place on the Fun Run Date. Colour Blast makes not representations, warranties or any other statements about the suitability or appropriateness of any location or site for the Fun Run.

School or Club obligations
- PROVIDE ASSISTANCE

The School or Club agrees to:

provide Colour Blast with all information and assistance reasonably required for Colour Blast to perform the Fundraising Services;
directs the participant’s parent/guardian to the sign up page, agree to Colour Blast parents terms and conditions (copy here) and to make payment of the participation fee;
alert Colour Blast immediately of any Participant’s that suffer from any injuries or illnesses that may be at risk by participating in the Fun Run;
use all reasonable endeavours to ensure that students do not participate in the Fun Run unless their parent/guardian has given consent and paid the participation fee;
liaise with Colour Blast as is reasonably requests for the purpose of enabling Colour Blast to provide the Fundraising Services; and
refrain from selling any merchandise that is in any way specifically associated to the Fun Run.

COMPLIANCE WITH LAWS

The School or Club agrees that it will:

comply with any applicable laws and regulations (including but not limited to workplace health and safety laws and any COVID requirements); and
comply with any applicable policies, guidelines and directions relevant to the provision of the Fundraising Services to the School or Club.

SAFETY

In providing the Fundraising Services where the Fun Run is a Hosted Event, Colour Blast will ensure to provide them with all due care and skill. Physical activities, however, always involves risk and the large number of participants means Colour Blast is unable to guarantee the safety of very participant. Accordingly, the School or Club agrees to:

advise all participants prior to engaging in the Fun Run of the risks involved and to prevent their participation if they do not accept the risks;
comply with and obtain the participants’ compliance with any safety instructions from Colour Blast;
to provide any reasonable assistance as required by Colour Blast to implement any safety precautions;
satisfy itself with the safety precautions implemented; and
ensure that any other safety precautions that it deems necessary are implemented.

OBLIGATIONS AND WARRANTIES

The School or Club warrants that:

there are no legal restrictions preventing the School or Club from agreeing to these Terms;
the information the School or Club provides to Colour Blast is true, correct and complete;
the School or Club are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at the School or Club’s cost, and for providing Colour Blast with the necessary consents, licences and permissions; and
the School or Club consent to the use of the School or Club’s name and image in relation to the Services in a way which may identify the School or Club.

ASSUMPTION OF RISK:
- All suggestions and comments relating to the use of equipment and any instructions shown in any video and other materials are required to be performed or adhered to by the School. The School acknowledges that it will participate in the School or Club at its own risk.
- The School or Club acknowledges that participating in the Fun Run or any related exercises and activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.
- It is the School or Club’s responsibility to ensure that by participants in the Fun Run will not exceed their limits while performing such activity, and you will select the appropriate level of class for the participants skills and abilities, as well as any mental or physical conditions and/or limitations they may have.
- The School or Club recognises the difficulties associated with participants attending a Fun Run and attest that all participants are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised the School or Club otherwise.
- In the event that the School or Club becomes aware of any medical conditions, injuries or impairments that may be detrimental to a participant’s health, they must ensure that that participant does not attend the Fun Run.
- Where the Fun Run is a Hosted Event, the School or Club assumes joint risk involved with the set up and running of the event. Where the Fun Run is a DIY Event, the School or Club assumes 100% of the risks involved with the set up and running of the event. Colour Blast will not be liable for any risk associated with DIY Events.

PAYMENT
- FEES

The School or Club must pay ensure that all participants log onto Colour Blast and register or the school / club agrees to provide payment for all participants before being allowed to participate in the Fun Run.

Within 14 days after the Fun Run, Colour Blast will pay to the School all fees received from donations less the percentage set out in the Create a Event page and the school or clubs campaign summary.

SHARING OF RAISED FUNDS
- The School or Club will advise Colour Blast of the total amount of money raised by the School or Club in connection with the Fun Run, including any pre-event donations and money collected during the Fun Run (Raised Funds) following 14 days of the Fun Run Date.
- The Fees payable for the Fundraising Services will be calculated as a percentage of the Raised Funds as set out in the Create a Event page and the campaign summary. Colour Blast will then issue an invoice to the School for the Fees if required as per campaign summary.
- If the Fees payable to Colour Blast is less than the cost of the Colour Blast school event as set out in the create a website page then the School or Club agrees to pay the balance of the Event Materials cost to Colour Blast.
INVOICES

Unless otherwise agreed in the Create a Event page, payment must be made by the time specified in Colour Blast’s invoice.

PAYMENT METHOD

The School or Club agrees to pay Fees using the fee payment method specified in the invoice.

Unless otherwise indicated, amounts stated in a Create a Event do not include GST. In relation to any GST payable for a taxable supply by Colour Blast, the School or Club must pay the GST subject to Colour Blast providing a tax invoice. Gst is shown on the Campaign Summary Page.

CARD SURCHARGES

Colour Blast reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

CHANGING FROM HOSTED EVENT TO DIY EVENT
- The School or Club must provide 7 days notice in writing to change from a Hosted Event to a DIY Event. In this event, the School or Club will be required to pay the Admin Fee. The difference in participation Fees can be:
  - directly refunded to the participant’s parents/guardians via the payment method initially used; or
  - loaded onto each paid participant’s Colour Blast donation platform and go towards their fundraising total and in turn the School of Club’s fundraising total.
- If the change is proven to be related to COVID-19, the Admin Fee will be waived completely.

Promotion
- USE OF PHOTOS AND VIDEOS

For the purposes of promoting Colour Blast generally, the Colour Blast fun run and the Colour Blast school or Club fundraising services, Colour Blast may use any photos and videos, written testimonials and comments provided to Colour Blast in connection with the Fundraising Services. The School or Club agrees to Colour Blast using such material and grant a royalty free, non-exclusive, non-transferable, worldwide and irrevocable license to use this material.

COMPLIANCE WITH LAWS

Any material used for promotional purposes will comply with:

all applicable laws in connection with the use of images, videos and other promotional materials that include children and where relevant, public buildings and areas such as schools and fields; and
Colour Blast’s privacy policy which can be provided on request.

THIRD PARTY GOODS AND FUNDRAISING SERVICES
- Any Fundraising Service that requires Colour Blast to acquire goods and services supplied by a third party on behalf of the School or Club may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
- The School or Club agrees to any Third Party Terms applicable to any goods and Fundraising Services supplied by a third party that the School / Club or Service Provider acquires as part of the Fundraising Services and Colour Blast will not be liable for any loss or damage suffered by the School or Club in connection with such Third Party Terms.
CONFIDENTIALITY
- Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.
- This clause 7 does not apply to:
  - information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
  - information required to be disclosed by any law; or
  - information disclosed by Colour Blast to its subcontractors, employees or agents for the purposes of performing the Fundraising Services or its obligations under this Agreement.
- For the purposes of this Agreement, “Confidential Information” means information of or provided by a party to the other party under or in connection with this Agreement that is by its nature confidential information, is designated by the party as confidential, or the other party knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.
INTELLECTUAL PROPERTY
- Colour Blast retains all intellectual property rights in the Fundraising Services including the Fundraising Materials and the Fun Run as well as Colour Blast generally, the Colour Blast fun run and the Colour Blast school fundraising services (Colour Blast IP), or those rights are owned by a third party. The School or Club must not attempt to copy, reproduce, manufacture or otherwise commercialise the Colour Blast IP.
- In this clause 9, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world.
- You must not include any material on any page that infringes the intellectual property rights of others. For example, you may not include a trade mark or copyright material without consent of the owners or you will be liable not Colour Blast. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
EXCLUSION OF WARRANTIES
- To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement (including the Fundraising Form) are excluded.
- Nothing in this Agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the School may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the Fundraising Services provided.
LIABILITY
- (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Colour Blast to the School or Club in respect of loss or damage sustained by the School or Club under or in connection with this agreement is limited to the total Fees paid to Colour Blast by the School or Club as at the date of the first event giving rise to the relevant liability.
- (Indemnity) The School or Club agrees at all times to indemnify and hold harmless Colour Blast and its officers, employees and agents (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the School /Club or the School’s officers’, employees’ or agents’:
  - breach of any term of this agreement; or
  - negligent, fraudulent or criminal act or omission.
- (Consequential loss) Colour Blast will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Agreement or any goods or services (including the Fundraising Services) provided by Colour Blast, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
SUBCONTRACTING

Colour Blast may subcontract any aspect of providing the Fundraising Services and the School or Club hereby consents to such subcontracting.

TERMINATION
- TERMINATION FOR CONVENIENCE

Either party may terminate this Agreement for convenience at any time by providing 1 months’ written notice to the other party.

TERMINATION FOR CAUSE

Either party (Non-Defaulting Party) may terminate this Agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party is in breach of this Agreement and either:

fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
that breach is not capable of remedy.

EFFECT OF TERMINATION

Upon termination of this Agreement:

Colour Blast will:
- refund any amounts paid by the School or by participant’s parents/guardians for goods or services (including the Fundraising Services) not provided as at the date of termination;
- Contact the donor’s and ask if they want their donations returned or whether they will be happy for the donations to go to school as per the terms of this Agreement;
the School or Club must pay all amounts owed for goods or services (including the Fundraising Services) already provided as at the date of termination;
each party must return all property of other parties to those respective parties;
each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party; and
no rights, liabilities or remedies of any party will be invalidated by the termination.

SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with this agreement (complainant) must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless the complainant has complied with the requirements of this clause.
- The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
- If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may refer the matter to a mediator.
- If the parties cannot agree on a mediator within a further 14 days, the complainant will refer the matter to the President to the Law Society of Queensland to appoint a mediator. The time and place for mediation will be determined by the mediator. The parties must attend the mediation, in good faith, to seek to resolve the dispute through mediation or if directed by the mediator through any other alternative dispute resolution processes.
- Any attempts made by the parties to resolve a dispute in accordance with this clause shall be without prejudice to any other rights or entitlements of the parties under this Agreement, by law or in equity.
NOTICES
- A notice or other communication to a party under this agreement must be:
  - in writing and in English; and
  - delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  - 24 hours after the email was sent; or
  - when replied to by the other party,

whichever is earlier.

GENERAL
- GOVERNING LAW AND JURISDICTION

This Agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

AMENDMENTS

This Agreement may only be amended in accordance with a written agreement between the parties.

WAIVER

No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.

COUNTERPARTS

This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.

LEGAL ADVICE

Each party must obtain its own independent legal advice and pay its own legal costs and expenses in relation to the negotiation, preparation and execution of this Agreement and any variation or replacement of this Agreement.

COSTS

Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.

ENTIRE AGREEMENT

This Agreement embodies the entire Agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or Agreement, express or implied, in relation to the subject matter of this Agreement.

INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

Parents Terms Conditions and Privacy Policy

EVENT AND FUNDRAISING TERMS AND CONDITIONS

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