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Active and Healthy Ipswich Guide Service Provider EOI

Terms and Conditions

Active and Healthy Ipswich Guide Service Providers Agreement

Definitions

“Active and Healthy Ipswich Guide” means the Ipswich City Council Active and Healthy Ipswich Guide, a comprehensive guide to free and low cost physical activity, health and wellbeing activities in the Ipswich local government area.  It forms part of the overall “Active and Healthy Ipswich Program”.

“Active and Healthy Ipswich Calendar” means the Ipswich City Council Active and Healthy Ipswich Calendar, a calendar listing free and low cost physical activity, health and wellbeing activities in the Ipswich local government area.  It forms part of the overall “Active and Healthy Ipswich Program”.

“Active & Healthy Ipswich Program” is a community based initiative that allows Ipswich residents to easily access and take part in a variety of free and low cost physical activity, health and wellbeing activities within the Ipswich local government area.

“Activity” includes any fitness activity (yoga, walking groups and group training); outdoor recreation clubs (trail running, mountain biking, bush walking); sports programs, nutrition and well-being activity included in the Active and Healthy Ipswich Guide and/or Active and Healthy Ipswich Calendar.

Activity Provider” means an Applicant (including officers, employees, agents or contractors of the applicant) who expresses interest in being included in the Active and Healthy Ipswich Guide and/or seeking to register an Activity for inclusion on the Active and Healthy Ipswich Calendar.

“Application” means an Application to be included in the Active and Healthy Ipswich Guide and/or Active and Healthy Ipswich Calendar.

“Council” means Ipswich City Council, its officers, employees, agents and contractors

“Guide” means the Ipswich City Council Active and Healthy Ipswich Guide

“Calendar” means the Active and Healthy Ipswich Calendar.

“Participant” means any person who voluntarily takes part in an activity managed or co-ordinated by the Activity Provider.

Agreement

All signed Application forms are evidence of the Activity Provider’s acceptance of these terms and conditions.

  1. An Application not made in accordance with these terms and conditions will be not be considered.
  2. Council reserves its discretionary right to edit, include or exclude any Application from being listed in the Active and Healthy Ipswich Guide and/or the Active and Healthy Ipswich Calendar.
  3. The Activity Provider shall indemnify and release Council in respect of any judgement, action, or liability for all loss, damage or injury to persons or property arising from the negligence of the Activity Provider  against any breach by the Activity Provider of any third party intellectual property rights and against any act or omission by the Activity Provider (or where the Activity Provider is a minor, their parent or guardian) commenced by a third party against Council.
  4. Activity Provider’s agree that by making the Application they authorise Council to use, reproduce and or exhibit any images associated with the Application for the purpose of advertising and promoting the Active & Healthy Ipswich Program.  The promotion of the Activity Provider’s activities may be exhibited or reproduced in any medium.  This may include paper copies of brochures and paper copies of newsletters.  Activities may also be posted on Council’s website, Facebook or Twitter pages associated with Council, Council’s youth website (Theswitch.com), e-newsletters, media releases via email and PowerPoint presentations.  Council is not required to pay to the Activity Provider a fee to use, reproduce or exhibit any images connected with the Application.
  5. By accepting the terms, you, the Activity Provider, release and discharge Council for any liability which might arise in relation to defamatory or offensive material or any breach of the copyright which may occur as a result of listing in the Active and Healthy Ipswich Guide and/or the Active and Healthy Ipswich Calendar.
  6. The Activity Provider agrees to indemnify and must defend and hold harmless Council, its employees and agents, from and against all loss, damage, liability, charge, expense (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or any kind arising from your breach of these terms and conditions.
  7. The Activity Provider agrees they are solely responsible for the conduct of the Activity, except in circumstances where Council are managing the activity. Participation in any activity is voluntary and at the discretion of the Participant.
  8. The Activity Provider must keep all personal information concerning any Participant(s) in a secure location so that no unauthorised person is able to access it.
  9. The Activity Provider (together with each of its servants, employees, agents and subcontractors engaged in the performance of the Activity) must not use personal information concerning any Participant(s), and/or make contact with a Participant, unless it is directly relevant to their attendance at the Activity for which the Participant has expressed an interest; required by law; or the Participant’s consent is obtained.
  10. The Activity Provider (together with each of its servants, employees, agents and subcontractors engaged in the performance of the Activity) must keep all personal information concerning any Participant(s) confidential and not disclose it to any other person except where the disclosure is required by law; or the Participant’s consent is obtained.
  11. The Activity Provider (together with each of its servants, employees, agents and subcontractors engaged in the performance of the Activity) must comply in all respects with Parts 1 and 3 of Chapter 2 of the Information Privacy Act 2009.
  12. The Activity Provider releases Council and will indemnify Council against any loss, damage or liability, from any claim by a Participant taking part in any activity organised and managed by the Activity Provider or the Activity Provider’s servants, employees, agents or contractors.