Consents, Policies & Conditions

These terms, consents and policies become applicable for anyone applying for a School Holiday Program or other Program. Please read below:

*

MEDIA AND COMMUNICATIONS CONSENT TERMS

You can only provide consent if you are 15 years or older AND understand you are being asked for your consent, the consequences of consenting or not consenting, that your decision is based on a reasoned judgment and you can communicate your decision. If you are unsure, please chat to your Little Dreamers Family Support Worker who may ask your parent or guardian to consent on your behalf.

I agree that Little Dreamers, its employees, officers, agents and contractors can keep a record of information provided by me regarding my family member’s illness, medical story and participation in Little Dreamers’ activities (‘Story’).

I agree that Little Dreamers, its employees, officers, agents and contractors can use, publish, reproduce, exhibit or distribute (in full or in part) the images and recordings of me and my Story for:

(a) internal Little Dreamers’ purposes – this is not limited to, but includes by way of example, internal presentations, circulars and posters;

(b) external promotional, marketing, publicity and fundraising activities conducted by Little Dreamers for the purpose of benefiting Little Dreamers’ not‑for‑profit and charitable goals. This is not limited to, but includes by way of example, use in newsletters, circulars, magazines, brochures, promotional and supporter emails, posters, advertising, the Little Dreamers’ Website and the Little Dreamers’ Annual Report;

(c) use on Little Dreamers’ social media accounts and pages, including social media sites that are not hosted in Australia (and which are not regulated by or accountable under the Australian Privacy Act);

(d) retention and storage (including back-up) for the purpose of assisting Little Dreamers to undertake the activities in this clause. This will include cloud services that are not hosted in Australia (and which are not regulated by or accountable under the Australian Privacy Act).

I agree that Little Dreamers, its employees, officers, agents and contractors can distribute (in full or in part) the images and recordings of me, together with my Story, to third parties (including its corporate partners and supporters) for the purpose of facilitating program delivery and/or to enable those third parties to engage in fundraising activities for and promote their association with Little Dreamers, and I agree that the third parties can use, publish, reproduce, copy, exhibit or distribute these images, recordings and my Story for these purposes. These third parties may be located overseas.

I agree that my first name and, where applicable, the first name of family members may be used in association with the images, recordings and my Story for the purposes set out in (3) and (4) above.

I agree that no fee will be payable to me or my family for the use of images, voice recordings, video footage or my Story as set out above.

I understand that I am not legally required to consent to the use, publication, reproduction, exhibition or distribution of images and recordings and my Story as set out above, but that providing my consent enables Little Dreamers to more effectively and successfully pursue and achieve its not‑for‑profit and charitable goals.  The Little Dreamers Privacy Policy can be found at https://www.littledreamers.org.au/privacy-policy/.

*

WAIVER

The Participant (or the Parent/Guardian if applicable) desires that the Participant participate in the program named in the schedule to this document (Schedule) taking place across several locations including but not limited to the locations in the Schedule on the dates listed in the Schedule (“Program”).

The Participant (or the Parent/Guardian if applicable) hereby freely, voluntarily and without duress executes this document under the following terms:

(1) Waiver and release 

To the full extent permitted by law, the Participant (or the Parent/Guardian if applicable) does hereby release and forever discharge and hold harmless Little Dreamers Australia Co Ltd and its successors, assigns, directors, officers, agents and employees (Little Dreamers) from any and all liability, claims, and demands of whatever kind and nature, either in law or equity (Claims), which arise or may arise from the Participant’s participation in, and performance of, activities connected with the Program including but not limited to the use of facilities and equipment associated with the activity, and whether caused by Little Dreamers or otherwise, and including but not limited to with respect to any bodily injury, personal injury, mental injury, illness or death, that may arise from the Participant’s participation in, and performance of, activities connected to the Program.

The Participant (or the Parent/Guardian if applicable) understands that, except as otherwise agreed to by Little Dreamers in writing, Little Dreamers does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of any bodily injury, personal injury, mental injury, illness or death suffered by the Participant that may arise from the Participant’s participation in, and performance of, activities connected with the Program.

The Participant (or the Parent/Guardian if applicable) also acknowledges that this document releases and discharges Little Dreamers from any liability in respect of a Claim that the Participant (or the Parent/Guardian if applicable) may bring with respect to any bodily injury, personal injury, mental injury, illness or death that may arise from the Participant’s participation in, and performance of, activities connected to the Program.

The Parent/Guardian (if applicable) hereby expressly and specifically assumes the risk and responsibility for injury or harm caused to the Participant that may arise from the Participant’s participation in, and performance of, activities connected to the Program.

(2) Medical treatment 

Except as otherwise agreed to by Little Dreamers Australia Co Ltd in writing, the Participant (or the Parent/Guardian if applicable) does hereby release and forever discharge Little Dreamers from any Claims which arise or may arise on account of any first aid, medical treatment or medical service rendered in connection with the Participant’s participation in, and performance of, activities connected with the Program. The Participant is responsible for their own first aid, medical treatment and medical service costs including ambulance and emergency transport fees.

(3) Assumption of risk generally 

The Participant (or the Parent/Guardian if applicable) understands that the Participant may participate in and/or perform activities, including but not limited to the specific activities listed in the Schedule.

The Participant (or the Parent/Guardian if applicable) recognises and understands that such activities may be, in some situations, inherently dangerous activities and that participation in the activity involves a significant level of risk of physical harm, personal injury or mental injury, including but not limited to:

•   broken bones;
•   head injuries;
•   permanent disability; and/or
•   death.

The Participant (or the Parent/Guardian if applicable) hereby expressly and specifically assumes the risk and responsibility for injury or harm caused to the Participant in relation to these activities.

Moreover, the Participant (or the Parent/Guardian if applicable) recognises and acknowledges that the risk of harm from activities associated with the Program is significantly increased when the Participant does not wear the appropriate safety equipment correctly, or at all, and does not follow safety instructions.

(4) Other 

The Participant (or the Parent/Guardian if applicable) expressly agrees that the release and discharge in this document is intended to apply to the full extent permitted by the laws of the state in which the Program takes place and that this document shall be governed by and interpreted in accordance with the laws in which the Program takes place.

The Participant (or the Parent/Guardian if applicable) agrees that in the event that any clause or provision of this document shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this document which shall continue to operate and be enforceable. 

(5) Consent to administer medical treatment 

In the event that the Participant suffers injury, Little Dreamers has the consent of the Participant (or the Parent/Guardian if applicable) to administer first aid or any other medical treatment.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.