FUNDRAISING TERMS & CONDITIONS

Thank you so much for choosing to fundraise for CALM, we couldn't keep our helpline and webchat going without your support and the more you raise, the more people we can reach.

The terms and conditions below ensure that you know where you stand as a fundraiser for CALM. Please read them carefully and keep a copy for your own use before you start to fundraise. You are deemed to accept the terms and conditions if you go on to fundraise for CALM.

Please refer to the “general fundraising terms & conditions” if you are organising your own event or fundraising activity to support CALM, and the “third party event terms & conditions” if you are taking part in a third party event to support CALM.

General Fundraising Terms & Conditions:

You (the fundraiser) understand that where you are organising your own fundraising events in support of CALM, you are an ‘in aid of’ fundraiser and an independent supporter of CALM. This means that you do not represent the charity.

You will use your best endeavours to fundraise for CALM. You will not do anything to bring CALM into disrepute. You understand that CALM may terminate your right to raise funds at any time. You will inform CALM at the earliest possible opportunity if you have had to cancel your event due to any circumstances.

You agree that you are undertaking this fundraising activity at your own risk and entirely of your own free will, and CALM shall not be liable in any way for injury, loss or damage which may occur to you, to your helpers and participants, or to property.

You agree to comply with all applicable laws and obtain all necessary licenses, consents and insurance required for your activity. Including but not limited to: You will not sell alcohol at any event without having the appropriate liquor license; you will make sure your event, and any third parties involved are fully insured and not take unnecessary personal risks; you will not carry out house-to-house collections; you will not collect in any public place without first obtaining a collector’s licence from the appropriate local authority (usually the police or the council); you will not collect on private property (including shops, pubs etc) without first obtaining the permission of the owner or manager; you will ensure any raffles or lotteries are compliant. Find out more on page 13 of our fundraising manual.

You agree to use the CALM logo and name in accordance with the brand guidelines, which CALM will supply. You will get approval in advance from CALM of any use of CALM’s logo in print or digital materials. Any materials mentioning CALM or using the CALM logo should carry the CALM reg charity no 1110621 & Scot SC044347 .

You will not resell or offer for auction CALM merchandise, you may accept donations toward CALM merchandise. You will make sure you only use CALM-branded fundraising materials (in print or electronic form) for fundraising that you have registered with us. You will not use these materials for any other activities. You will return any unused fundraising materials that you will not require in the future to CALM.

You agree that photographs taken during your fundraising activity which you share with CALM may be used to publicise the work of CALM generally and in promotional materials produced by the charity, unless you expressly inform CALM otherwise

You agree that any information provided by yourself in connection with CALM events may be recorded and used by CALM in accordance with our Privacy Statement.

Collecting donations and paying these to CALM

You understand you have a legal responsibility to ensure all money raised, including sponsorship money/donations received by you are paid to CALM, and you will endeavour to do so within 8 weeks of the fundraising activity taking place.

You understand that any fees or expenses taken from your fundraising total must have been agreed with CALM in advance of paying them to us. If you'd like to notify us of fees/expenses you've taken, send us a message via our contact form.

You understand that all funds raised from your event will support the work of CALM, reg charity no 1110621 & Scot SC044347.

Third Party Event Terms & Conditions:

These are the terms and conditions (“Terms and Conditions”) that apply to each third party fundraising event in which you are participating as a fundraiser for CALM (“CALM”) (each an “Event”).

Participants must agree to the Terms and Conditions before participating in any Event as a fundraiser for CALM.

Definitions:

“CALM/We/Us/Our/The Charity” means The Campaign Against Living Miserably (Reg Charity No 1110621 (England and Wales) and SC044347 (Scotland))

“You/Your/Yourself” means the person agreeing to be bound by these terms and conditions and who is registering.

“The Event” is not organised by CALM but by a third party (“Event Organiser”).

“Guaranteed Place Participant” means the person signing up for a CALM Charity Place in the Event, which can be obtained through CALM or via a third party where CALM has been selected as the chosen charity by either the Event or the Guaranteed Participant.

“Own Place Participant” means the person using a place they have obtained directly from a third party event organiser and who intends to use this to fundraise for CALM.

“CALM Participant” means persons who are either a Guaranteed Participant or Own Place Participant.

“Fee” means the ticket price or registration fee that You are required to pay to CALM to confirm your place on the Event.

1. The Event

a. The Event is not organised by the Charity but by a third party (“Event Organiser”).

b. Participation in the Event as a CALM Participant is subject to these Terms and Conditions in addition to the Event Organiser’s own terms and conditions, which must be fully complied with at all times.

2. Participation

a. Each Guaranteed Place Participant pledges to raise the minimum sponsorship target (“Minimum Sponsorship”) for CALM for the Event in which they are participating. Details of the Minimum Sponsorship for each Event are contained in the specific Event Information provided on the events pages of the CALM website at https://www.thecalmzone.net/events/.

b. Each Guaranteed Place Participant must also register directly with the Event Organiser before the Event Organiser’s registration deadline. CALM reserves the right to withdraw the place of any Guaranteed Place Participant if they have not registered with the Event Organiser in accordance with this condition 2(b), or if CALM do not believe they will register prior to the deadline, and to offer their place in the Event to another applicant. If a Guaranteed Place Participant loses their place in the Event under this condition 2(b) then they will not be entitled to any refund of the Registration Fee (as defined below).

c. All fundraising activity undertaken as part of the Event by a Guaranteed Place Participant must be for the benefit of CALM only.

d. If CALM is unable to secure places in an Event or the Event does not take place on the date advertised but a guaranteed place has already been offered and a registration fee has been paid, CALM will try to arrange for your place to be transferred to a future date, but cannot guarantee this will happen. In lieu of this, and only in this circumstance, CALM will offer a refund for the registration fee

e. Each Own Place Participant pledges to raise whatever they can for CALM for the Event in which they are participating. There is no set target that they need to raise in order to use their place to support CALM.

f. By informing CALM they wish to use their place to fundraise for CALM, each Own Place Participant confirms that they have obtained a place directly with the Event Organiser and has completed all necessary registrations.

3. Entry Forms and Fees

a. Each Guaranteed Place Participant must pay a non-refundable and non-transferable registration fee (and any applicable VAT) (the “Registration Fee”) to CALM prior to participation in the Event.

b. Selection as a Guaranteed Place Participant is subject to the payment of the Registration Fee.

4. Registration and fundraising

a. All Guaranteed Place Participants must be registered to take part in the Event with both the CALM and the Event Organiser.

b. Each Guaranteed Place Participant must complete a CALM Registration Form (“Registration Form”).

c. All Registration Forms must be completed before CALM’s closing date for Event registration.

d. CALM Participants agree that all funds raised as a result of their participation in the Event shall be raised using legal methods.

e. An online fundraising page can be set up using a fundraising platform like JustGiving or Enthuse.

f. The funds raised for CALM’s work shall be held on trust by each CALM Participant for CALM and paid to CALM as soon as reasonably possible and in any case within 8 weeks after the date(s) on which the Event is scheduled to take place (“Event Date”).

5. Age of Participants

a. All CALM Participants must be aged 18 or over by the Event Date unless the Event Organiser’s terms and conditions state a different minimum age limit.

6. Health and fitness

a. All CALM Participants take part in the Event at their own risk.

b. CALM understands that heart patients are keen to support them and many are fit enough to take part in Events. However, CALM Participants who have any doubt about their health or have a medical condition that could be affected by exercise, particularly a heart condition, should obtain their doctor’s approval before participating in any Event.

c. CALM shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.

d. All CALM Participants agree that, as far as they are aware, they are fit and physically able to compete in the Event. It is each CALM Participant’s own responsibility to assess their fitness and to ensure that they participate only if sufficiently fit. Should any medical or physical condition arise prior to the Event which is likely to affect a CALM Participant’s ability to compete in the Event, the CALM Participant should withdraw from the Event.

7. Safety

a. All CALM Participants should ensure that any equipment or clothing used is in good condition and suitable for the Event.

b. Participants acknowledge and agree that because Events often take place in public spaces and because CALM is not responsible for organising the Event, CALM cannot be held liable for any damage caused outside of its direct control.

8. Insurance

a. CALM does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at and/or participation in the Event. Participants shall be responsible for arranging their own suitable and adequate insurance protection to cover their participation in the Event, including without limitation cover:

i. for material loss/damage to any equipment they may use in the Event or personal property (including clothing);

ii. any loss or damage they may cause to a third party;

iii. sickness; or

iv. negligence of any party.

9. Liability

a. Subject to paragraph 9(b), neither CALM nor its agents or representatives shall be liable for:

i. any injury or accident causing loss or damage to a CALM Participant or any third party where this is sustained as a result of a CALM Participant taking part in the Event; or

ii. any loss or damage sustained by a CALM Participant as a result of: the cancellation of the Event for any reason; any changes made to the Event for safety or any other reasons; or any circumstances beyond the control of CALM.

b. Nothing in these Terms and Conditions shall limit or exclude CALM’s liability in respect of death or personal injury sustained as a direct result of:

i. the negligence, breach of statutory duty or fraudulent misrepresentation of CALM, its agents or representatives; or

ii. a deliberate act or omission of CALM, its agents or representatives.

c. CALM Participants and their friends and family members who attend the Event do so entirely at their own risk.

d. Each CALM Participant is responsible for their own actions whilst attending or participating in the Event. CALM accepts no responsibility for the actions of a CALM Participant nor the consequences of such actions.

10. Withdrawal and Refunds

a. No Registration Fee will be refunded in the event that a CALM Participant elects not to participate in the Event for any reason.

b. Registrations to participate in the Event are non-transferable to another year unless the individual defers directly with the Event Organiser. Participation in the Event is personal to each CALM Participant and CALM Participants are strictly prohibited from swapping, selling or transferring their place in the Event or allowing any other person to participate in their place.

c. CALM Participants must send written confirmation of their withdrawal via email to the CALM email address contained in the Event Information.

d. CALM, the Event Organiser or its or their agents or representatives reserve the right to refuse entry to the Event or ask a CALM Participant to cease participation if a CALM Participant:

i. fails to follow instructions given by Event officials;

ii. attempts to participate in the Event in a manner that CALM or the Event Organiser or its or their agents or representatives, acting reasonably, believes:

1. may cause injury to the CALM Participant;

2. may cause injury to another CALM Participant;

3. may damage or harm the environment;

4. is likely to cause offence; or

5. otherwise cause a risk or potential risk to health and safety.

iii. is, in the opinion of CALM, the Event Organiser or its or their agents or representatives, unfit to participate in the Event due to:

1. the consumption of alcohol;

2. the use of drugs;

3. an injury or illness; or

4. failure to arrive at the start check in at the specified time.

11. Cancellation and Changes to the Event

a. The Event Organiser may cancel the Event in accordance with their terms and conditions. If the Event is cancelled for any reason then CALM will have no responsibility for any costs incurred as a result of such cancellation, including any travel or accommodation costs. Registration fees are non-refundable and any refund offered will be at the absolute discretion of CALM.

b. All CALM Participants acknowledge and agree that the organisation and staging of the Event is under the control and direction of the Event Organiser and the Event Organiser’s terms and conditions will apply in respect of any cancellation, alteration or re-scheduling of the Event, including the giving of any notice in respect of any change or cancellation.

c. CALM will use its reasonable endeavours to communicate any changes to the Event to each CALM Participant at the Event or sooner if practical.

d. If the Event is cancelled for any reason, CALM will, upon the written request of the payee, return any sponsorship money paid.

12. Photos and Publicity

a. Photographs and films will be taken throughout each Event by CALM and/or its contractors and/or its agents. Unless they inform CALM otherwise, CALM Participants agree to all and any use in any current or future media by CALM and/or its group companies of any photographs, images and/or films in which they feature.

b. If a CALM Participant does not wish for photography and film in which they feature which has been taken by CALM and/or its contractors and/or its agents to be used in such ways, the CALM Participant should contact CALM as soon as possible following the event with their bib number and photograph of themselves in order for CALM to identify them in any photography and film.

c. Photographs of children will not be used in this manner without express written consent unless the images are incidental, for example, children’s images at the start line within the crowd.

d. All CALM Participants acknowledge and agree that no payment will be made to any CALM Participant for the use of any photographs, images or films in which they may feature.

13. Data Protection

a. Each CALM Participant agrees that information provided to CALM in connection with Events may be used by CALM in accordance with prevailing data protection legislation.

b. CALM will use the information provided by CALM Participants to register applicants for Events, process registrations applications and manage the CALM Participant’s involvement in the Event. CALM will keep the CALM Participant up to date with CALM activities or provide any other information in accordance with their stated preferences.

14. Promotions and discounts

a. CALM will at times run promotional discounts for Guaranteed Places which will offer a set amount or percentage off of place costs. These discounts can be claimed through the CALM website, or through a third-party website when advertised as such.

b. CALM reserves the right to end a discount early if necessary.

c. CALM reserves the right to withdraw a participant from an event if a registration has been completed with a discount that is not for its intended use, and to ask the participant to pay the remainder of their registration fee in order to receive their place.

15. Acceptance of these Terms and Conditions

a. By registering with CALM to participate in the Event, a CALM Participant agrees to be bound by these Terms and Conditions.

b. If any provisions in these Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.

c. CALM may vary these Terms and Conditions from time to time and the up to date terms shall be available on the Website.

d. These Terms and Conditions and any dispute or claim that arises out of or in connection with them is governed by and construed in accordance with the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms and Conditions.