Terms & Conditions

TERMS

“the fundraiser” refers to the individual that is holding the fundraising activity on behalf of The Smith Family.

“The Smith Family or TSF” refers to The Smith Family.

Prior to completing this fundraising registration process please read all of the following information about responsibilities and expectations of your role when fundraising for The Smith Family.

The fundraising activity should not proceeded until approval has been granted by The Smith Family and you have received confirmation to proceed. 

GENERAL

The fundraiser:

• Will take responsibility for the appropriate coordination and management of the activity, associated finances, required insurances, publicity and communications with The Smith Family and the community, procurement of prizes, services, volunteers and staff.
• Will run the fundraising activity in the name of the fundraiser as listed in the fundraising page registration process, who will be solely responsible for the activity.
• Will make it clear when dealing with the public, sponsors and supporters that the fundraiser is not representing The Smith Family and that they are raising funds that will be forwarded onto The Smith Family.
• Agrees that at no time will they or any people involved in their activity, present themselves as a representative or staff member of The Smith Family.
• Agrees that The Smith Family is not able to take a co-ordination role in your fundraising activity, such as soliciting prizes, organising publicity, assisting with ticket sales, or providing goods and services to assist you in running the fundraising activity.
• Will engage in a reasonable level of liaison with The Smith Family and provide relevant requested information regarding the fundraising activity in a timely manner.
• Accepts and is responsible for minimising any risk associated with the fundraising activity and is responsible for the safety of the event, volunteers and personnel.
• Is required by The Smith Family to arrange their own public liability insurance specific to the activity and indemnifies The Smith Family against any liability in relation to the conduct of an activity.
• Will advise The Smith Family of changes made from the details provided during the registration process, including the cancellation of the activity, within two days of the date of the change and before the commencement of the activity.
• Shall not undertake any door-to-door, street sales, telephone based approaches for donations in connection with the activity.
• Acknowledges that the activity is moral and ethical and it does not involve any industries that are in conflict with the values and purpose of The Smith Family.
• Will inform The Smith Family if they are under 18 years of age and obtain written permission from a parent or guardian authorising them to raise funds when requested.
• Will have their fundraising page archived after 12 months and approval to fundraise will cease, unless told otherwise.

PERMITS AND PERMISSIONS

The fundraiser must agree to promote and conduct their activity in compliance with all relevant laws and regulations, and must apply for and obtain all permits, approvals and authorities that may be required for or in connection with the fundraising activity.  

FINANCIAL AND ADMINISTRATIVE

The financial, fundraising, raffles, record keeping and management aspects of the activity are entirely the fundraiser’s responsibility and they must comply with any obligations imposed by the Fundraising Act 1998- Accounts and Records to be kept and any other applicable legislation, rules or regulations.

Division 4 of the Fundraising Act 1998 states that:
A person conducting a fundraising appeal must keep records sufficient to enable true and fair view of the income and expenditure relating to the appeal to be ascertained at any given time.

The fundraiser must also be clear about how the money will be used (e.g. all profits will be donated to The Smith Family) and/or the percentage of funds being donated (e.g. 100% of net proceeds will donated to The Smith Family).

EXPENSES

The fundraiser must:

• Not incur any expenses in the name of The Smith Family. The fundraiser may deduct any vital costs associated with organising the activity provided they are well documented and are ‘fair and reasonable’, and can only include out-of-pocket expenses such as venue hire, catering, etc.
• Ensure the fundraising activity will be self-funding and all related invoices are paid for by the fundraiser. The Smith Family will not be held liable for any losses or expenses incurred by the fundraiser in any circumstances and no invoice should be addressed to The Smith Family.
• Expenses should not exceed 50% total funds raised.
• Collect and hold funds in a secure environment and reconcile the funds relating to any fundraising activities undertaken.
• Maintain and provide an accurate and complete statement of income and expenditure along with copies of receipts for all expenditure. These must be retained for at least 12 months after the activity.

ISSUING RECEIPTS

Tax-deductible receipts can only be issued to people donating money of $2 or more. If in doubt, please refer to the Australian Tax Office website ato.gov.au under ‘tax deductible gifts”.

MARKETING, PROMOTION AND USE OF LOGO

The fundraiser is not permitted to use the name, logo or any other intellectual property rights of The Smith Family without written approval from The Smith Family. At no time can the fundraising activity be advertised as The Smith Family’s Event.

The Smith Family can allow the use of tag lines on promotional material, such as “this event is proudly supporting The Smith Family” or “funds raised will be donated to The Smith Family”.

All promotional material, advertisements, media materials and press releases to be used by the fundraiser in relation to the fundraising activity must be submitted to The Smith Family for written approval before public distribution or circulation.

LEGAL IMPLICATIONS

The fundraiser must:

• Indemnify The Smith Family against any liability, action, claim, suit, damage, cost and expense (including all legal fees), to the extent that a claim or action brought against The Smith Family is connected to, in relation to or arising out of the fundraiser’s:
  a) Negligence; or
  b) Breach of, or default under, this Agreement
• Supply all information provided to The Smith Family to the relevant government agencies in your state upon request should licenses be required.
• Agree to release The Smith Family to the fullest extent permissible under law for all claims and demands of any kind in any way associated with the activity, and indemnify The Smith Family from all liability, claims or costs that may arise in respect of any damage, loss or injury, whether physical or financial, occurring to any person in any way associated with the activity.
• Agree that The Smith Family accepts no responsibility for any food related accidents or injuries that may occur during a fundraising activity or event including food allergies, adverse reactions, food poisoning, anaphylaxis, other illnesses or sickness caused by food products and/or their preparation, storage, handling, presentation or consumption.
• Acknowledge that the public liability insurance and other insurance policies held by The Smith Family do not cover events or fundraising activities conducted by outside groups or individuals.
• Provide a detailed event plan for any physical endurance events, e.g. running across Australia. This plan must include details such as the route, dates, duration, insurance, budget, support team, risk mitigation strategy, sponsorship and experience.

DISCLAIMER

The Smith Family reserves its right to terminate the agreement relating to the activity at any time if it appears that the fundraiser is failing to adhere to any of the above terms and conditions as outlined in these documents.