Join Our VIP Colour Frenzy Newsletter
Join Our VIP Colour Frenzy Newsletter
These school fundraising terms (Terms), together with the Fundraising Form (defined in clause 1), set out the agreement (Agreement) under the terms of which DIY Fundraising Pty Ltd (ACN: 641 654 471) (Colour Frenzy) will provide the Colour Frenzy fun run school Fundraising Services (defined in clause 2) to the school which you represent (School).
(a) The School may select from several different Fundraising Services packages offered by Colour Frenzy.
(b) All packages include materials for pre-event fundraising and materials for the Colour Frenzy fun run (Fundraising Materials).
(c) Packages will differ on:
(i) the quantity and type of Fundraising Materials provided; and
(ii) whether the School has selected a package that includes the organisation and operation of the Colour Frenzy fun run (Fun Run) by Colour Frenzy.
(a) Colour Frenzy will provide the Fundraising Materials set out in the Fundraising Form.
(b) The quantity and type of the Fundraising Materials will depend on:
(i) the number of students participating in the Fun Run; and
(ii) the Fundraising Services package selected by the School.
(c) The Fundraising Materials will include both materials and items to be used:
(i) prior to the Fun Run, for example, sponsorship forms and promotional posters; and
(ii) during the Fun Run, for example, pre-packaged colour powder and award certificates.
(d) Fundraising Materials are to be used only in accordance with the directions of Colour Frenzy’s or the manufacturer’s instructions.
2.4. FUN RUN
(a) If the package selected by the School and as set out in the Fundraising Form includes the organisation and operation of the Fun Run at the location (Site) on the agreed date and time (Fun Run Date) then Colour Frenzy will:
(i) attend the site prior to the Fun Run Date;
(ii) organise and set up the equipment and materials required to operate the Fun Run at the Site;
(iii) during the Fun Run, organise the participants involvement in the Fun Run;
(iv) organise any activities (if any) following the Fun Run; and
(v) pack up and remove all of Colour Frenzy’s equipment and materials from the site.
(b) Operating a school fundraiser can involve many hundreds of participants, both students and adults, and although Colour Frenzy will ensure to organise and operate the Fun Run with due care and skill, Colour Frenzy may require assistance from the School, for example to record participants and organise participants into groups. Accordingly, the
School agrees to any reasonable requests for assistance by Colour Frenzy to operate the Fun Run.
(a) If the package selected by the School and as set out in the Fundraising Form includes the organisation and operation of the Fun Run by Colour Frenzy, then Colour Frenzy will require access to the Site prior to the Fun Run Date.
(b) The School must obtain any licences, permits and authorisations required to operate the Fun Run at the Site prior to the Fun Run Date.
(c) Following the Fun Run, Colour Frenzy will remove all items of equipment and materials that belong to Colour Frenzy. Colour Frenzy may assist in any cleaning up or the packing up of items that do not belong to Colour Frenzy however, Colour Frenzy is under no obligation to do so and the School agrees that it is the School’s sole responsibility to ensure the Site is cleaned and restored to the standard required.
(d) The School agrees that it is the School’s sole responsibility to satisfy itself with the suitability and appropriateness of the Site for the Fun Run to take place on the Fun Run Date. Colour Frenzy makes not representations, warranties or any other statements about the suitability or appropriateness of any location or site for the Fun Run.
3.2. COMPLIANCE WITH LAWS
The School agrees that it will:
(a) comply with any applicable laws and regulations (including but not limited to workplace health and safety laws and any COVID requirements); and
(b) comply with any applicable policies, guidelines and directions relevant to the provision of the Fundraising Services to the School.
In providing the Fundraising Services, Colour Frenzy 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 Frenzy is unable to guarantee the safety of very participant. Accordingly, the School agrees to:
(a) 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;
(b) comply with and obtain the participants’ compliance with any safety instructions from Colour Frenzy;
(c) to provide any reasonable assistance as required by Colour Frenzy to implement any safety precautions;
(d) satisfy itself with the safety precautions implemented; and
(e) ensure that any other safety precautions that it deeds necessary are implement.
3.4. OBLIGATIONS AND WARRANTIES
The School warrants that:
(a) there are no legal restrictions preventing the School from agreeing to these Terms;
(b) the information the School provides to Colour Frenzy is true, correct and complete;
(c) the School are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at the School’s cost, and for providing Colour Frenzy with the necessary consents, licences and permissions; and
(d) the School consent to the use of the School’s name and image in relation to the Services in a way which may identify the School.
3.5. ASSUMPTION OF RISK:
(a) 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 at its own risk.
(b) The School 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.
(c) It is the School’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.
(d) The School 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 otherwise.
(e) In the event that the School 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.
4.2. SHARING OF RAISED FUNDS
(a) The School will advise Colour Frenzy of the total amount of money raised by the School 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.
(b) The Fees payable for the Fundraising Services will be calculated as a percentage of the Raised Funds as set out in the Fundraising Form. Colour Frenzy will then issue an invoice to the School for the Fees.
(c) If the Fees payable to Colour Frenzy is less than the cost of the Fundraising Materials as set out in the Fundraising Form then the School agrees to pay the balance of the Fundraising Materials cost to Colour Frenzy.
Unless otherwise agreed in the Fundraising Form payment must be made by the time specified in Colour Frenzy’s invoice.
4.4. PAYMENT METHOD
The School must pay Fees using the fee payment method specified in the invoice.
Unless otherwise indicated, amounts stated in a Fundraising Form do not include GST. In relation to any GST payable for a taxable supply by Colour Frenzy, the School must pay the GST subject to Colour Frenzy providing a tax invoice.
4.6. CARD SURCHARGES
Colour Frenzy 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).
5.2. COMPLIANCE WITH LAWS
Any material used for promotional purposes will comply with:
(a) 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
12.2. 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:
(a) fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
(b) that breach is not capable of remedy.
12.3. EFFECT OF TERMINATION
Upon termination of this Agreement:
(a) Colour Frenzy will:
(i) refund any amounts paid by the School for goods or services (including the Fundraising Services) not provided as at the date of termination;
(ii) 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;
(b) the School must pay all amounts owed for goods or services (including the Fundraising
Services) already provided as at the date of termination;
(c) each party must return all property of other parties to those respective parties;
(d) 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
(e) no rights, liabilities or remedies of any party will be invalidated by the termination.
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.
This Agreement may only be amended in accordance with a written agreement between the parties.
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.
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.
15.5. 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.
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.
This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.
15.8. 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.
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.
15.10. 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.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (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;
(d) (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;
(e) (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;
(f) (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;
(g) (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (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.