CHARITY PLACE FUNDRAISING TERMS & CONDITIONS

Legends, thanks so much for wanting be a part of #TeamCALM and getting this far. This is our ‘better safe, than sorry’ section. We want to make sure we’re looking after you lot good ‘n proper so here’s a little bit of boring stuff that’s good to have a read of:

TERMS AND CONDITIONS FOR PARTICIPATION IN THIRD PARTY EVENTS AS A FUNDRAISER FOR CALM (CAMPAIGN AGAINST LIVING MISERABLY)

These are the terms and conditions (“Terms and Conditions”) that apply to each 3rd 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 the CALM (a “CALM Participant”).

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”).

“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 Participant pledges to raise the minimum sponsorship target (“Minimum Sponsorship”) for the 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 Participant must also register directly with the Event Organiser at least two weeks before the Event Organiser’s advertised registration deadline. CALM reserves the right to withdraw the place of any Guaranteed Participant if they have not registered with the Event Organiser in accordance with this condition 2(b) and to offer their place in the Event to another applicant. If a Guaranteed 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 must be for the benefit of CALM only.

3. Entry Forms and Fees

a. Each Guaranteed 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 Participant is subject to the payment of the Registration Fee.

4. Registration and fundraising

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

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

c. All Registration Forms, must be completed before the 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.

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 his/her 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. All CALM Participants consent 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. 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.

c. 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.

c. Each CALM Participant will agree to provide emergency contact information when registering for an Event.

14. 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.