Active Wyndham Provider Memorandum of Understanding

The aim of this form is to record an understanding between Wyndham City Council and the Provider by which both parties will co-operate in delivering one or more Active Wyndham program(s) / session(s).

This is a Memorandum of Understanding and is not intended in any way to create or impose any binding or contractual obligations whatsoever on either Council or the Provider.

As a Provider engaged by Wyndham City Council to deliver an Active Wyndham program(s) and/or session(s) please read below and confirm agreement to the below conditions. If you have any questions, please contact a member of the Sport & Recreation team or activewyndham@wyndham.vic.gov.au.

A copy of this completed form will be sent to your email provided.

PRIVACY STATEMENT: The personal information requested on this form is being collected by Council for the purpose of providing a range of access to facilities and equipment. Your information will be stored in Council’s Customer Database and used to identify you when communicating with Council and for the delivery of services and information.  For further information on how your personal information is handled, visit Council’s Privacy Policy at:  https://www.wyndham.vic.gov.au/privacy-policy.

You ‘the Provider’, agrees to:

• Deliver session(s) in accordance with the agreed times and dates with Wyndham City Council.
• Deliver session(s) in accordance with the agreed age groups, abilities, experiences and/or genders with Council.
• Assist Council in promoting Active Wyndham program(s) and/or session(s).
• Council promoting the Provider’s Active Wyndham program(s) and/or session(s) and details publicly.
• Promote itself in a positive light and any other local providers that are affiliated with the Active Wyndham program and/or session.
• Provide coaches/instructors for the session(s) who have the required qualifications to deliver the session(s).
• Organise the facility and all equipment that is required to safely deliver the Provider’s session(s).  Equipment is to be safe, suitable and used in an appropriate manner to participants, and trained staff. Any equipment that requires securing down is weighted appropriately (no pegging on council sports grounds).
• If using a Council booked facility hold a copy of the booking letter and negotiate appropriate sharing of ground if others are using it.
• Refrain from handing out any material/products that conflict with the Active Wyndham messaging.
• Maintain current Public Liability insurance coverage in respect of all activities of the Provider and its session(s), providing no less than $20 million indemnity for any one occurrence during the policy period, for the duration of the Active Wyndham program and/or session(s) (please provide copies with this MOU below).
• Indemnify Council in respect of all claims for loss, damage or injury which might arise as a consequence of the Provider’s participation in the Active Wyndham program(s) and/or session(s).
• Ensure staff are provided with information about the time, date and venue, plan to arrive before the session to perform all safety checks and activity set-up completed at least 10 minutes before the session is due to start. If an area is found to be unsafe ensure that any hazards are removed or access is restricted to participants.
• Minimise participant risk through clear safe participation instructions, taking into account any disclosed illness or injury information and monitoring participants within activity for over-exertion/ other symptoms of illness or injury.
• Deliver session(s) in a safe and welcoming environment, inclusive of anyone who wants to take part in the Provider’s Activities (including people with disabilities) provided they are within the specified target market for the program and/or session.
• Deliver session(s) and manage any emergencies in line with the provider’s risk assessment(s) and /or first aid protocols. Including contact 000 for any emergencies as appropriate.
• Advise Council in an appropriate timeframe of any cancellations or any issues arising from the use of space, condition of facility, weather and/or participants.
• Not take photographs or videos of the activity. For photos and videos, a separate activity must be created and each individual’s consent recorded including how the image will be used, parent consent must be recorded for participants under 18 years.
• Keep all participant information secure, and only share with those who require access, e.g. Coach/ Instructor. Only use emergency contact information as required to manage emergencies. All participant information to be deleted off the provider’s systems once the attendance records have been returned to Council.
• Align with Child Safety obligations - where activities are inclusive of children:
  • Be responsible for the wellbeing of children under 18 during the activity
  • Have suitable safeguarding children and young people policies, including using coaches/instructors for the session(s) who have a valid and appropriate Working With Children Check, and safe participant to coach/ instructor ratios.
  • Notify Council as soon as reasonably possible of any concerns or incidents relating to any person aged under 18 that occur during the activity.
  • Comply with the Child Wellbeing Act 2005, the Workers Screening Act 2020, the Victorian Child Safe Standards and all other associated legislation
  • On Council’s request, provide evidence of its compliance with the above
  • Further Child Safe Standard Information can be obtained at ccyp.vic.gov.au
• If the session / program needs to be prematurely cancelled and participants are under the age of 16, remain at the activity until they have been collected by carers.
• If access to a locked toilet is required collect the key from Council and return after the activity.
• If access to toilets requires a carer to escort a child, ensure that carers and participants are informed at the start of the session.
• Be responsive in regard to communication with Council (for example, responding to emails and phone calls within 2 business days).
• Report back to Council with the names of people who attended the Provider’s session(s) within a week of session(s) completion where appropriate.