Thank you for choosing to fundraise for Supertee! Your support will help change the lives of sick and injured children.
All fundraising on behalf of Supertee must operate within current regulatory guidelines as determined by the Charitable Fundraising Act 1991. Pursuant to this Act, we will need to authorise your fundraising activity. All individuals, groups or organisations who wish to fundraise must register with Supertee, whatever the size of the event/fundraiser or the donation (cash or in kind).
To help make sure that you are fundraising legally, please read, sign and follow the conditions below:
1.1 By authorising your fundraising activity, you as the Fundraiser are agreeing to comply and be bound by the following Terms, which govern Supertee's relationship with you.
1.2 This agreement is limited to the authorised fundraising activity only and/or the date range stipulated in the Authority to Fundraise Letter.
2.1. Application to Fundraise means the application forming Schedule 1 of these Terms.
2.2. Authority to Fundraise Letter means the letter provided to the Fundraiser from Supertee once Application to Fundraise has been approved.
2.3. Event means the fundraising event outlined in Schedule 2 of these Terms
2.4. Fundraiser means the fundraiser identified in Schedule 2 of these Terms.
2.5. Supertee means Fair Fight Foundation Ltd (ACN 642 609 425) trading as Supertee and each of its related body corporate, agents, successors and assigns (as applicable).
2.6. Termination means the end date stipulated in the Authority to Fundraise Letter.
2.7. Terms means the clauses contained in this Fundraising Agreement.
3. Fundraiser Obligations and Warranties
3.1. The Fundraiser must provide Supertee with the completed Application to Fundraise. Once the Application to Fundraise has been approved by Supertee, Supertee will send the Fundraiser an Authorisation to Fundraise letter conforming Supertee's knowledge and limited involvement in the Event.
3.2. The Fundraiser is not authorised to use Supertee as its beneficiary charity until it has received the Authorisation to Fundraiser Letter from Supertee.
The Fundraiser acknowledges, agrees and warrants that it will:
(a) Comply with the Charitable Fundraising Act 1991 and Charitable Fundraising Regulation 2015;
(b) Conduct the Event, including but not limited to, the financial aspects, fundraising, raffles, record keeping and management of the Event in the Fundraiser's name and is solely responsible for the Fundraiser;
(c) Gain prior written approval from Supertee before commencing any arrangements in relation to the Event;
(d) Provide all printed material including but not limited to, correspondences, advertising, marketing, publicity or literature materials to Supertee beforehand for its written approval prior to being finalised, printed or circulated;
(e) Adhere to all requests and directions made by Supertee;
(f) Always act in the best interest of Supertee;
(g) Conduct itself in a manner which is in keeping with the values, principles, dignity and prestige of Supertee;
Not denigrate or bring into disrepute the reputation of Supertee in any way including but not limited to posting negative feedback or comments on any forum or social media; and
Not take any action which may damage the validity or value of Supertee's name, corporate logo or other identifying mark in connection with performance of these Terms.
4. Use of Supertee's Name and Logo
4.1. The Fundraiser has no right to the name "Supertee" or "Fair Fight Foundation" and cannot raise funds in Supertee's name or any Supertee's Intellectual Property Rights.
4.2. The Fundraiser has no right to use any logos of third parties, affiliates and/or Licensors that Supertee is associated with, including but not limited to Marvel and Disney.
4.3. The name of the Event must be approved by Supertee.
4.4. Any printed materials or advertisements to be used by the Fundraiser in relation to the Event must be submitted to Supertee for approval and must also state how the proceeds from the Event are to benefit Supertee.
4.5. If the Fundraiser wishes to use Supertee's logo or any of Supertee's materials or products, the Fundraiser must obtain written permission and further information from Supertee prior to the Event. The Fundraiser has no right to Supertee's Intellectual Property Rights.
4.6. If the Fundraiser wishes to use logos referred to in clause 4.2, the Fundraiser must obtain written permission from the Licensor (including but not limited to Marvel and Disney) prior to the Event.
4.7. The Fundraiser acknowledges and agrees that each Intellectual Property Right is owned or entitled to be owned by Supertee.
4.8. The Fundraiser acknowledges that all intellectual property created by the Fundraiser in the course of the Event is and remains the property of Supertee. The Fundraiser agrees to do all things necessary to assign all such intellectual property to Supertee.
4.9. The Fundraiser's use of Supertee's name or logo does not confer on the Fundraiser any licence or assignment of any of Supertee's patents, designs, trademarks, or any other Intellectual Property Rights.
4.10.The Fundraiser must:
(a) only use the Intellectual Property Rights in accordance with the reasonable written directions of Supertee;
(b) not license any of the Intellectual Property Rights to or allow the use of any of the Intellectual Property Rights by any other person in any circumstances;
(c) immediately notify Supertee of, and comply with Supertee's directions in relation to, any issue, claim, demand, threat, notice of proceedings, or cause of action (whether contingent, accrued or otherwise) against or involving the Fundraiser relating to any Intellectual Property Rights; and
(d) do all other acts and things that may be reasonably required by Supertee to ensure the protection of the Intellectual Property Rights.
(e) Cease to use Supertee's name or logo after termination of this Agreement.
5. Media Releases and Public Relations
5.1. All media materials and press releases must be directed to and approved by Supertee prior to circulation.
5.2. Any ideas in relation to media materials or releases must be discussed with Supertee.
5.3. The Fundraiser must not continue to release media materials or press releases after termination of this Agreement.
5.4. The Fundraiser must seek approval by Supertee prior to releasing any material after termination of this Agreement.
6. Financial Aspects of the Event/Fundraiser
6.1. Any expenditure involved with the conduct of the Event and any disposition of funds and profits resulting from a fundraising appeal must be property authorised in writing by Supertee prior to the Event.
6.2. Supertee is not responsible for any costs associated with the Event and will not pay any invoice in relation to the Event.
6.3. The Fundraiser is solely responsible for any costs associated with the Event.
6.4. The Fundraiser must take all reasonable steps to minimise expenses and ensure the expenses do not exceed 50% of the gross proceeds obtained from the Event.
6.5. The Fundraiser cannot use any funds from auctions, raffles or donations to offset the costs of the Event. The Fundraiser may use funds from ticket sales and sponsorship agreements to cover costs.
6.6. The Fundraiser must provide Supertee with all the funds raised within 14 days of the conclusion of the Event by way of any of the following:
(a) Cheque made payable to Supertee Fair Fight Foundation Limited and sent to GPO Box 5131 Greystanes NSW 2145
(b) Direct deposit into Supertee's account, using your authority number as the reference:
Fair Fight Foundation Ltd
6.7. The proceeds of the Event, the official authorisation letter, and the statement of income and expenditure form together with copies of receipts for all expenditure, are to be provided to Supertee within 14 days of the conclusion of the Event.
6.8. If the Fundraiser does not comply with clauses 6.6 and 6.7 of these Terms, the Fundraiser is in breach of this Agreement and Supertee is liable to sue the Fundraiser immediately.
6.9. Individual receipts for tax deductions for supporters of the Event can be issued by Supertee if that supporter makes a donation of $2.00 or more to Supertee.
6.10. The Fundraiser must provide Supertee with a list including the supporters name, address, phone number and the donation amount. If the total of individual receipts exceeds 10 individuals, the Fundraiser must provide Supertee with an electronic version of the register.
6.11. This is an essential term of the Agreement.
7.1. Supertee reserves the right to withdraw its approval for an authorised Event at any time for any reason.
7.2. Supertee is not liable for any costs incurred by the Fundraiser as a result of Supertee's withdrawal of approval in accordance with clause 7.1 of these Terms.
7.3. The Fundraiser must at all times comply with the laws, rules, regulations and orders of any Governmental Authority applicable to it.
7.4. Supertee is not liable for any losses incurred as a result of changes required in the Agreement due to regulations introduced by any Governmental Authority.
7.5. This Agreement is limited to the authorised Event only unless agreed otherwise in writing by the Parties.
8.1. All aspects of financial and public liability and public safety are the responsibility of the Fundraiser.
8.2. Supertee is not liable to cover any public liability including any type of insurances required for the Event.
8.3. The Fundraiser agrees to indemnify and release Supertee to the fullest extent permissible under law for all claims, except where such liability arises due to the negligence of Supertee.
9.1. The Fundraiser agrees to indemnify Supertee against all actions, claims, proceedings, demands, liability, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Supertee or which Supertee may pay, sustain or incur as a direct or indirect result of any one or more of the following:
(a) any breach or non-performance of these Terms by the Fundraiser, including any breach of a warranty;
(b) any breach by the Fundraiser of any guarantee, warranty, right or remedy given by the Fundraiser expressly or arising by operation of any applicable Law; and/or
(c) any wrongful, wilful or negligent act or omission of the Fundraiser or any of its employees, agents or contractors.
10. General Provisions
10.1. These Terms are governed by and construed in accordance with the laws of New South Wales and each party to these Terms irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
10.2. Supertee may license, sub-contract or assign all or any part of its rights and obligations without the Sponsor's consent and in so doing Supertee is fully discharged from its obligations to the Fundraiser.
10.3. The Fundraiser may not assign its obligations under these Terms without Supertee's written consent.
10.4. The Fundraiser warrants that it has the power to enter into these Terms and has obtained all necessary authorisations to allow it to do so, the Fundraiser is not bankrupt or insolvent, and that these Terms create binding and valid legal obligations on it.
10.5. These Terms shall prevail to the extent of any inconsistency with any other document or agreement between the Fundraiser and Supertee in relation to the matters contained in clause 1 of these Terms.
10.6. A provision of these Terms or a right created under it may not be waived or varied except in writing, signed by Supertee.
10.7. The failure by Supertee to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Supertee's right to subsequently enforce that provision.