Terms & Conditions
THE SMITH FAMILY FUNDRAISING TERMS AND CONDITIONS
“The Fundraiser or you” refers to the individual that is conducting a Fundraising Activity.
“The Smith Family” is the charity authorising the Fundraiser.
“Fundraising Activity” refers to an appeal by the Fundraiser to raise funds on behalf of The
Smith Family.
“Fundraiser’s Application” means the request submitted to The Smith Family by the
Fundraiser for approval to raise funds on behalf of The Smith Family.
“Letter of Authority” is an authority to fundraise provided to the Fundraiser by The Smith
Family if it is required to do so.
Please read the following information about the responsibilities and expectations of the
Fundraiser when conducting a Fundraising Activity for The Smith Family. By submitting a
Fundraiser’s Application, you agree to be bound by the following terms and conditions. The
Smith Family may, at its sole discretion, modify or revise these terms and conditions at any
time, and you agree to be bound by such modifications.
Please note – The Fundraiser is not authorised to name The Smith Family as a
beneficiary until the Letter of Authority, if required, has been received.
1. FUNDRAISING FOR THE SMITH FAMILY a) Any Letter of Authority issued by The Smith Family in connection with the Fundraiser’s
Application relates to the Fundraising Activity only. No authority is granted in respect of
the same or similar future activities.
b) All aspects of the Fundraising Activity shall be conducted in your name and are the sole
responsibility of the Fundraiser.
c) The Fundraiser has no power to bind The Smith Family in any manner whatsoever or to
take any action or do any act or thing in the name of The Smith Family. The Fundraiser
must make it clear when dealing with the public, sponsors and supporters that they are
not representing The Smith Family and that they are acting on their own behalf to raise
funds that will be donated to The Smith Family.
d) The Smith Family is not able to take a coordinating role in the Fundraiser’s Fundraising
Activity, such as soliciting prizes, organising publicity or celebrities, assisting with ticket
sales, or providing goods and services to assist in conducting the Fundraising Activity.
e) The Smith Family expects a reasonable level of communication with and information
from the Fundraiser regarding the Fundraising Activity.
f) For a Fundraising Activity involving substantial physical exertion or an endurance event,
the Fundraiser must provide a detailed event plan to The Smith Family e.g., ‘Running
Around Australia’. This plan must include details such as the route, dates, duration,
insurance, budget, support team, risk mitigation, sponsorship and experience.
g) For any Fundraising Activity, any proposed material changes must be reported to The
Smith Family within two days of the date of the change and before the commencement
of the Fundraising Activity.
h) The Smith Family will not sanction door-to-door appeals, street collections or telephone
solicitation of any kind to the public in connection with the Fundraising Activity.
2. COMPLIANCE WITH RELEVANT LAWSa) The Fundraising Activity must be promoted and conducted by the Fundraiser in
compliance with all relevant state and territory laws, regulations and codes (e.g. this
includes applying for and obtaining all permits, approvals, licences and authorities that
may be required for or in connection with the Fundraising Activity). Copies of these must
be sent to The Smith Family.
b) If the Fundraising Activity is conducted in Victoria and is likely to raise in excess of
$20,000 in that state, it is the responsibility of the Fundraiser to consider registering as a
fundraiser with Consumer Affairs Victoria. For more information, see
https://www.consumer.vic.gov.au/clubs-and-fundraising/fundraisers/registration/registeras-a-fundraiser.
3. STANDARDS OF FUNDRAISER BEHAVIOURWhen conducting a Fundraising Activity, the Fundraiser must:
a) explain the purpose of The Smith Family and how the funds raised will be used by The
Smith Family;
b) be clearly, and individually, identifiable by the public (including by displaying identification
that contains the Fundraiser’s name, whether they are a volunteer or acting in some
other capacity for The Smith Family, and The Smith Family’s name and contact details);
c) always make and keep written records of a Fundraising Activity that can be easily read
and understood;
d) acknowledge and comply with a person’s:
(i) refusal to make a donation;
(ii) request not to receive future solicitations; and
(iii) request to be contacted at a more convenient time or by different means (where
applicable);
e) never mislead, deceive or knowingly use false or inaccurate information when
fundraising;
f) never place undue or unreasonable pressure on a person when fundraising, or act
unconscionably in any way to obtain a donation;
g) never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and
support, or vulnerable circumstances of any person; and
h) if relevant, always make it clear whether a donation is a one-off or an ongoing donation,
and clearly explain how to end an ongoing donation.
In addition to the above, the Fundraiser must also:
i) display courtesy, respect and consideration towards others at all times; and
j) behave in a manner that enhances the reputation and public understanding of The Smith
Family.
4. ADVERTISING AND USE OF THE NAME AND LOGO
a) The Fundraiser is not permitted to use the name, logo or any other intellectual property
rights of The Smith Family without prior written approval from The Smith Family. At no
time can the Fundraising Activity be advertised as The Smith Family’s event.
b) The Smith Family permits the Fundraiser to refer to their Fundraising Activity as
supporting The Smith Family by using tag lines on promotional material, such as “this
event is proudly supporting The Smith Family” or “funds raised will be donated to The
Smith Family”.
c) All promotional material, advertisements, media materials and press releases to be used
by the Fundraiser in relation to the Fundraising Activity must be submitted to The Smith
Family for written approval before public distribution or circulation.
5. DONATIONS AND ADMINISTRATIONa) Any record keeping and management aspects of the Fundraising Activity are entirely the
Fundraiser’s responsibility. The Fundraiser must comply with any obligations imposed by
state and territory laws, regulations and codes regarding keeping and maintaining
records.
b) In addition to the above clause, the Fundraiser must:
(i) collect and hold funds in a secure environment and reconcile the funds
relating to any Fundraising Activity undertaken;
(ii) keep and maintain records about how the funds raised will be used (e.g.
100% of funds raised will be donated to The Smith Family) and/or what
percentage of funds raised will be donated (e.g. 20% of funds raised used for
expenses, 80% of funds raised will donated to The Smith Family); and
(iii) maintain and provide to The Smith Family an accurate and complete
statement of income, expenditure and net proceeds, together with copies of
receipts for all expenditure. These must be retained for at least 12 months
after the Fundraising Activity.
6. EXPENSES
The Fundraiser:
a) must ensure expenses do not exceed 50% total funds raised;
b) must not incur any expenses in the name of The Smith Family;
c) may deduct any vital costs associated with conducting the Fundraising Activity provided
those costs are well documented, fair and reasonable, and only include out-of-pocket
expenses such as venue hire, catering, etc.; and
d) must ensure the Fundraising Activity is self-funded and all related invoices will be paid
for by the Fundraiser. The Smith Family will not be held liable for any losses or expenses
incurred by the Fundraiser in any circumstances and no invoice should be addressed to
The Smith Family.
7. INDEMNITIES AND INSURANCEa) The Fundraiser indemnifies The Smith Family against any liability, action, claim, suit,
damage, cost and expenses (including all legal fees) suffered by The Smith Family or
any of its personnel, officers or agents, to the extent that a claim or action is brought
against The Smith Family or any of its personnel, officers or agents in connection with or
arising out of the Fundraiser’s:
(i) negligence.
(ii) willful act or omission; or
(iii) breach of any term or condition of the Fundraiser’s Application, the Letter of
Authority or these terms and conditions.
b) The Fundraiser releases The Smith Family from and indemnifies The Smith Family
against any liability for any injury (including death) and any loss of or damage to property
suffered by the Fundraiser or any of its personnel or agents in the course of conducting
the Fundraising Activity. The Smith Family’s insurance policies do not cover activities
conducted by those outside The Smith Family. All insurance cover required is the
responsibility of the Fundraiser including, without limitation, public liability insurance or
wet weather insurance for an outdoor event.
9. TERMINATIONThe Smith Family reserves the right to revoke a Letter of Authority or otherwise terminate the
relationship with the Fundraiser at any time if, in the reasonable opinion of The Smith Family,
the Fundraiser does not adhere to any of the above terms and conditions.
