Terms and Conditions of Use – Personal Walking Plans

Last updated 3 March 2021

1. I warrant that I have read, considered, reviewed and understood these Terms and Conditions, and the information required by the Personal Walking Plan Registration Form prior to submitting my application to participate in Personal Walking Plan Activities (PWP Activities).
2. I agree that any dispute arising under or in relation to these Terms and Conditions shall be subject to the laws and courts of the State or Territory in which I participate in PWP Activities.
3. I warrant that I am over 18 and of full legal capacity or, if I am applying on behalf of a person under 18 and/or not of full legal capacity, that I am a person legally entitled to sign on behalf of that person (for example, parent, guardian, person having suitable power of attorney). If I am signing on behalf of somebody else, I agree to these Terms and Conditions on behalf of that person.
4. I accept all risk, responsibility and liability whatsoever and howsoever arising from or in connection with my children and/or dogs (if any) that accompany me in or in relation to PWP Activities.
5. I understand that PWP Activities will include but may not be limited to, walking, strength and stretching exercises ranging from quite gentle to challenging depending on the level of Personal Walking Plan I receive.
6. I accept in my sole responsibility all risks and liabilities that may arise from my participation in PWP Activities, including the risk of injury or loss of life, and I release the Heart Foundation and Heart Foundation Associates from claims, liability, demands and proceedings arising from or in relation to any loss, damage, expense or personal injury which may be sustained by me as a result of or in connection with:
7. a)   any neglect, act, omission or failure on the part of the Heart Foundation or Heart Foundation Associates; or
8. b)   my participation in PWP Activities.
9. I indemnify the Heart Foundation and Heart Foundation Associates (collectively, Those Indemnified) against:
10. a)   all losses incurred by Those Indemnified;
11. b)   all liabilities incurred by Those Indemnified; and
12. c)    all costs actually payable by Those Indemnified to their legal representatives (whether or not under a costs agreement) and other expenses incurred by Those Indemnified in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal), arising as a result of or in connection with my participation in PWP Activities.
13. I warrant that I have provided true and correct information to the Heart Foundation and that I will promptly notify the Heart Foundation of any changes to provided information.
14. I acknowledge that the Heart Foundation reserves the right, in its sole discretion, to exclude or remove me from participating in PWP Activities at any time and without notice or explanation to me.
15. I acknowledge that the Heart Foundation will post the current version of this document for my consultation at https://walking.heartfoundation.org.au and that I will be notified of changes in advance by any one or more of written notice on the Heart Foundation website.
16. If I do not consent to be bound by this document as varied from time to time, I agree that I must immediately withdraw from participation in PWP Activities. 

In this document:

a)   Heart Foundation means the National Heart Foundation of Australia (ABN 98 008 419 761);

b)   Heart Foundation Associates  means all persons or corporations associated or affiliated directly or indirectly with the Heart Foundation;

c)    Personal Walking Plan means the Heart Foundation’s program to establish and promote participation in walking;

d)   Personal Walking Plan Activities (PWP Activities) means activities including but not limited to walking, stretching and strengthening exercises, as included in your Personal Walking Plan;

e)   Personal Walking Plan Registration Form means the form to be completed by those interested in participating in Personal Walking Plan with the Heart Foundation;

f)     Terms and Conditions means this document;

g)   Walking means ambulation (or the use of a wheelchair or other mobility aid) on a firm surface. For the avoidance of doubt, Walking excludes walking in water.

WARNING 
 
Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you — 

• are rendered with due care and skill; and 
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and 
• might reasonably be expected to achieve any result you have made known to the supplier. 

By participating in PWP Activities, you will be agreeing that your rights to sue the supplier under the Civil Liability Act in the State or Territory in which you undertake these activities, or any other law, if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this document.