Terms and Conditions *
1.1 This Deed operates from the Start Date and continues for the duration of the Activities unless terminated earlier in accordance with clause 13 (Term).
2.1 Soldier On will:
(a) coordinate and facilitate the Participant's participation in the Activities to the extent set out in this Deed; and
(b) pay the Soldier On Contribution for the Activities.
2.2 The Participant will pay the Participant Contribution for the Activities.
2.3 The parties agree that Soldier On is only required to pay the Soldier On Contribution and will not be liable to pay any other fees, charges or expenses r that are incurred by, or in relation to, the Participant.
3. Cancellation and amendment
3.1 The Participant agrees that Soldier On may at any time, in its absolute discretion, modify, substitute, cancel or delay the Activities or any part of the Activities for any reason.
3.2 The Participant acknowledges that if the Activities or any part of the Activities are modified, substituted, cancelled, or delayed, then the Participant will have no right to claim compensation for any injury, loss or Damage or other expenses incurred by the Participant as a result of the modification, substitution, cancellation or delay.
4. Participant obligations and warranties
4.1 The Participant must:
(a) comply with the terms of this Deed;
(b) comply with the terms of all Soldier On Policies;
(c) immediately notify Soldier On if the Participant reasonably believes there is a risk to the Participant's health or safety by participating in the Activities; and
(d) notify Soldier On of any change in the Participant's personal details as soon as possible.
5. Promotional activities and public announcements
5.1 The Participant, considering their level of experience and stage of recovery, may be asked to:
(a) as reasonably required, participate in any promotional event or activity notified to the Participant by Soldier On;
(b) feature in written, photographic, video or other materials collected as part of the Activities;
(c) while participating in the Activities or an event described in clause 5.1(a):
(i) promote Soldier On or the Activities in a manner consistent with this Deed; and
(ii) display and/or wear any promotional branding provided to the Participant by Soldier On;
(d) not make or authorise any press release or public statement relating to Soldier On or the Activities without the prior approval of Soldier On; and
(e) not do or authorise any act or thing which, in the reasonable opinion of Soldier On, may:
(i) damage, bring into disrepute or ridicule Soldier On or its name, messages, activities, or reputation; or
(ii) attract public or media attention which may be prejudicial or otherwise detrimental to Soldier On or its name, messages, activities or reputation.
6.1 Soldier On is not responsible for the Participant's personal insurance.
7.1 Nothing in this Deed or any circumstances associated with it, or its performance imposes or gives rise to any:
(a) relationship of employment, agency, joint venture, or partnership between the parties; or
(b) fiduciary relationship,
between Soldier On and the Participant.
7.2 The Participant has no right to assume or create any obligations of any kind, express or implied, in the name of, or on behalf of, Soldier On.
7.3 The Participant must not, during or after the Term, without the prior agreement of Soldier On:
(a) subject to this Deed, represent or purport to represent Soldier On, or express views or opinions purported to be those of Soldier On; or
(b) disclose to or make public any information or material acquired or produced in connection with this Deed or the Activities.
8.1 To the extent permitted by law, Soldier On is not liable for any Claim or Damages of any kind by the Participant or any third party arising under or in connection with this Deed.
9. Release and waiver
9.1 The Participant acknowledges that their participation in the Activities:
(a) is at the Participant's own risk; and
(b) may involve the risk of injury to the Participant, whether caused by the Participant, another party or equipment or facilities used in connection with the Activities.
9.2 The Participant agrees to release, waive, discharge, and hold harmless Soldier On officers, employees, agents, licensees and other representatives from all Claims and Damages arising out of or in connection with the provision of the Activities under this Deed.
10. Force majeure
10.1 If Soldier On is prevented from performing any obligations under this Deed, or any other arrangement relating to the Activities, by reason of an act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Soldier On's reasonable control, Soldier On is under no liability whatsoever to the Participant and may, at its option, terminate this Deed in accordance with clause 13.2.
11. Confidential Information
Each party must not disclose any of the other party's confidential information to a third party without that other party's prior consent. In giving its consent to a disclosure, a party may specify any conditions or restrictions on the disclosure, including that the intended recipient of the confidential information is to execute a non-disclosure deed in the form required by the party giving its consent to the disclosure.
12.1 The Participant acknowledges that Soldier On may, in connection with this Deed and for the purposes of the Participant's participation in the Activities, collect Personal Information and/or Sensitive Information (which may include health information) about the Participant from the Participant
12.2 The Participant consents to the collection of the Participant's Personal Information and/or Sensitive Information by Soldier On under clause 12.1 and acknowledges that the Participant can gain access to the Participant's information held by Soldier On on request.
12.3 Soldier On may use the Participant's Personal Information and/or Sensitive Information for the purpose of coordinating and/or facilitating the Activities, and the Participant consents to this use.
12.4 The Participant consents to Soldier On using images or Personal Information of the Participant in written, photographic, video or other materials that have been collected as part of the Activities on the website or any other publications of Soldier On.
12.5 Soldier On will comply with the relevant provisions of the Privacy Act 1988 (Cth) to the extent that the Privacy Act 1988 (Cth) applies to Soldier On.
13.1 This Deed may be terminated by either party upon the giving of 5 days written notice. Nothing will prevent an earlier termination with the written agreement of both parties.
13.2 This Deed may be terminated by Soldier On immediately if:
(a) in the opinion of Soldier On, the Participant has:
(i) engaged in any misconduct or dishonesty; or
(ii) breached any requirement under clauses 2, 4, 5, 5.1, 6.1, 8, 9, 11 or 12; or
(b) Soldier On exercises its right to terminate under clause 10.1.
14.1 After expiry or termination of this Deed:
(a) the accrued rights and remedies of each party are not affected; and
(b) each party’s obligations under clauses 8 (Liability), 9 (Release and waiver), 11 (Confidential Information) and 12 (Privacy) continue.
15.1 This Deed constitutes the entire understanding between the parties in relation to the subject matter of this Deed and supersedes all prior understandings or agreements between the parties in respect of the Activities.
15.2 No variation to this Deed is binding unless agreed in writing between the Parties.
15.3 A party must not assign, sublicense, or deal with any right under this Deed without the prior written consent of the other party.
15.4 A notice, demand, consent, approval, or communication under this Deed (Notice) must be:
(a) in writing, in English and signed by a person duly authorised by the sender; and
(b) hand delivered or sent by prepaid post or facsimile to the recipient's address for Notices specified in Part A, as varied by any Notice given by the recipient to the sender.
15.5 This Deed is confidential and may not be disclosed by the Participant to any other person other than for the purposes of obtaining professional legal or accounting advice or as required by law.
15.6 This Deed is governed by and construed in accordance with the laws from time to time in force in the Australian Capital Territory.
16. Definitions and interpretation
16.1 In this Deed:
Activities means the activities described at item 2 of Part A.
Child/ren means the child or children of a registered participant who attends and participates in the event or activities with and under the complete supervision of their parent/guardian listed in part A above.
Claim means any claim, demand, action, suit or proceeding that may be made or brought by any person against Soldier On by any person.
Damages means liabilities (including any liability Soldier On may have to any third party), expenses, losses, damages, and costs (including legal costs on a full indemnity basis and whether incurred or awarded against a party).
Participant means the person specified in Part A.
Participant Contribution means the amount specified in item 4 of Part A.
Personal Information has the same meaning as in the Privacy Act 1988 (Cth), as amended from time to time.
Sensitive Information has the same meaning as in the Privacy Act 1988 (Cth), as amended from time to time.
Soldier On means Soldier On Association Incorporated (ABN 24 811 760 786), whose details are specified in item 5 of Part A.
Soldier On Contribution means the amount specified in item 3 of Part A.
Soldier On Policy means any rules, policies, guidelines, codes of conduct or procedures of Soldier On relevant to the participant's participation in the Activities as amended from time to time, which are available for inspection on request. Start Date means the date specified in item 1 of Part A.
Term has the meaning specified in clause 1.
16.2 In this Deed, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and words importing a gender include other genders;
(b) other grammatical forms of defined words or expressions have corresponding meanings
(c) a reference to 'A$', '$A', 'dollar' or '$' is a reference to Australian currency
(d) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; and
(e) the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.