Program Participation Agreement

Successarise Pty Ltd ACN 166 341 948 as trustee for the a New Legacy trust

The terms and conditions contained in this Program Participation Agreement (Agreement) once accepted by Us constitute a legally binding contract between Successarise Pty Ltd ACN 166 341 948 as trustee for the A New Legacy trust (Company, Successarise, We, Our, Us and other similar terms) and you (You, Your, Participant and other similar terms).

 

1.1       Your offer

The terms and conditions in this Agreement amount to an offer by You to attend and complete the Program that You have chosen from our Website. You have provided Us with Your contact information via the forms completed on Our Website.

 

1.2       Acceptance

(a)         Your offer to Us to attend the selected Program is not accepted by Us unless and until:

(i)          You complete a personal acceptance interview and other screening process, which is subject to criteria determined by Us at our sole absolute discretion from time to time; and

(ii)        You provide us with a complete and accurate medical form and any other such related form as we reasonably require to assess your medical suitability to complete the Program;

(iii)       You have paid the specified Program fee or other monies required; and

(b)         You accept the terms and conditions contained in this Agreement by signing at the end of this document where indicated;

(c)         If You are not accepted into the Program for any reason whatsoever, You will be provided with a full refund of any monies paid to Us within seven (7) days of You being notified that we have not accepted Your offer to attend the selected Program.

(d)         We are not liable or responsible for any financial or consequential loss if You are not accepted into Program.

(e)         We encourage You not to incur any travel or other costs associated with attendance at the Program until we have communicated Our acceptance of Your offer to attend in writing.

 

1.3       Acknowledgment

(a)         You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions by which We may accept Your Offer and that You are legally able to make this Offer.

(b)         You acknowledge that these terms and conditions were brought to Your attention prior to the point in time when you made the Offer to enter into this Agreement to Us.

(c)         In making the Offer, You warrant that:

(i)          the information provided regarding Your contact information is accurate; and

(ii)        We may contact you to confirm information in relation to Your offer is correct in all respects.

If You are not prepared to make an offer to Us on the terms and conditions contained in this Program Participation Agreement then we cannot accept your application to attend the selected Program.

 

 

2.          Commencement and payment

(a)         Your offer to attend the selected Program can only be accepted after we receive full payment for the applicable Program fee in full before the Program Commencement Date.

(b)         We may, in Our sole discretion, agree for You to enter into a payment plan or arrangement, whereby You pay the Program fee to Us in instalments on a case by case basis. The terms of the payment plan modify the terms and conditions contained in this Agreement.

 

 

3.          Refunds, cancellation and delay

3.1       Cancellation policy

(a)         You may cancel your place in the selected Program at any until fourteen (14) days prior to the Program Commencement Date. If You cancel before this date, You will be entitled to a full refund less an administration fee of $A250.00.

(b)         After the Program Commencement Date the Program fee is not refundable. We are not obliged to provide a refund after this time, however We will consider cancellation requests on a case by case basis.

 

3.2       Rescheduled Programs

We endeavour to comply with any published schedule of events for Our Programs. We reserve the right to postpone and reschedule any Program at our absolute discretion. If we reschedule a Program, We will reserve Your place in the rescheduled Program on the dates We advise.

 

 

4.          Provision of medical and health information

(a)         You warrant that the information provided Us in an enrolment form is true and accurate in all respects; and

(i)          Your attendance at any Program We conduct is at Your own free will;

(ii)        You have not been informed by any doctor or health practitioner that undertaking face-to-face therapy would be detrimental to Your health;

(b)         You are physically and psychologically fit and healthy, and You have disclosed to Us at, before or immediately after making Your offer on the terms of this Agreement that:

(i)          any and all medical conditions which You have;

(ii)        if You are currently undergoing medical treatment or psychiatric care of any nature; and

(iii)       if You are under the care of, or undergoing ongoing treatment by, any medical practitioner.

(c)         You are not under psychiatric care, and You are not taking any antidepressants/anti-anxiety medication (or if You are taking such medication, You will advise Us immediately and we may require You to produce a letter from a medical practitioner certifying that You are fit to attend a Program;

(d)         You are not taking illegal or illicit drugs, and You are not exhibiting any behaviours associated with alcoholism;

(i)          nothing in Our communications, website, or the respective Program itself should be construed as medical advice, diagnoses, suggested cure or treatment for any medical condition whatsoever;

(ii)        no doctor-patient relationship or other duty of care is established at any time between You and Us or You and Our Representative.

 

5.          Participation in the selected Program

(a)         It is an essential term of this Agreement that You participate in good faith and to the best of Your ability in every respect. This obligation applies during all phases of the Program, including prior to our acceptance of Your offer to participate on the terms and conditions contained herein.

(b)         You agree that You clearly understand that the results of any coaching and personal development depend solely on Your ability to put the processes contained in the respective Program into action.

(c)         You acknowledge that You are solely responsible for Your own personal development.

(d)         You acknowledge that You may be set additional tasks or activities by our Representatives when they feel it is necessary to assist in the completion of Your personal outcomes.

(e)         You acknowledge that, if requirements set out by a Trainer or in the Manual are not completed as directed, Your outcomes may be affected.

 

5.2       Your conduct

(a)         If You are under the influence of alcohol, prescription medications or any illegal drugs, You may be refused entry into any location at which the Program is being held.

(b)         Please keep in mind that due to the content of the Program everyone will react differently. You agree to be mindful of everyone around You at all times by Using appropriate manners and showing respect at all times.

(c)         You understand that the dress code for the event is casual and comfortable and will keep in mind that a large variety of people attend the Program, so You will dress appropriately.

(d)         When in a group environment, You agree that, wherever possible, disrespectful and inappropriate behaviour and topics of conversation will be kept to a strict minimum.

(e)         You understand You will be removed and the terms and conditions contained in this Agreement terminated if Your behaviour is a deliberate distraction or is negatively impacting the Program and/or other participants (as determined by Us in our sole absolute discretion).

 

 

6.          Intellectual Property and Confidential Information

6.1       Intellectual Property

You acknowledge and agree that:

(a)         We own all rights, title and interest in and to the Intellectual Property used in the Program;

(b)         You will not, at any time, acquire any right, title, or interest in and to the Intellectual Property;

(c)         the benefit, right, title and interest in and to any adaptions to the (as that term is defined in the Copyright Act 1968(Cth) Intellectual Property created, developed, improved upon, or contributed to by You, whether solely or jointly absolutely vests in Us on its creation by You;

(d)         You must, at our request, do all acts and things (including signing any documents required by Us) which are necessary or required to vest in, transfer or assign to Us (or our nominee) all legal and equitable rights, title and interest in and to:

(i)          any Intellectual Property created by You as a consequence of attending the Program or this Agreement commencing; and

(ii)        any invention, including securing patent or other protection anywhere in the world based on Our Intellectual Property.

 

6.2       Use of Confidential Information

You agree to:

(a)         keep all Confidential Information, whether received before or after entering into this Agreement, strictly confidential;

(b)         not disclose any Confidential Information to any third party;

(c)         use the Confidential Information:

(i)          for the purposes of attending and completing a Program ;

(ii)        in accordance with any other terms and conditions which we specify before, during or after Your completion of the selected Program;

(d)         not copy, record or reproduce any Confidential Information in any form whatsoever;

(e)         on request, immediately return or destroy, as directed by Us, all Confidential Information and certify that no Confidential Information has been retained.

 

 

7.          Photography and video recording

7.1       Your use of photographic equipment

(a)         You agree not to record or reproduce any aspect of the Program (in part or whole) (or allow to be recorded or reproduced) without first obtaining Our express written consent.

(b)         If You would like to take photographs or video for your own personal use You agree to seek the consent of the Trainer before taking such photographs or videos.

(c)         You agree that any photographs and videos must not be published in any form, including, but not limited to social media, website or in any marketing material without the express permission of those persons appearing in the photographs or videos.

(d)         You agree that when taking photographs or videos with Your personal camera, that You will ask the relevant persons for their permission before taking any photographs of videos. You agree that all photographs which You take must only be Used for personal memories and not for commercial purposes and You agree not to post such photographs on any form of social media.

 

7.2       Your consent to Us taking photographs and videos

(a)         You acknowledge, agree and consent to Us taking photographs, audio recordings and video recordings throughout the duration of our Program for to be used in Our internal administrative, review and training purposes.

(b)         We agree to seek Your consent before publishing any individual or group photographs or videos of You before publishing them in any form of media.

(c)         You agree not to claim any compensation for any audio, photographs or videos taken by Us for the purpose of promoting the Program.

 

 

8.          Indemnity and release

8.1       Indemnity

You agree to indemnify Us and our Representatives, and keep Us and our Representatives indemnified, from and against all claims and losses arising in relation to, or in connection with, whether directly or indirectly:

(a)         any wilful act, omission, failure to disclose or inaccurate disclosure of your health information, or neglect by You;

(b)         any breach of this Agreement by You;

(c)         any Claim against Us that the intellectual property rights of any third party has been infringed due to any wilful act, omission or neglect by You;

(d)         any Claim against Us by You or any representatives; and

(e)         Your Use, non-use, or misuse of the Intellectual Property or Confidential Information.

 

8.2       Release

You release Us and our Representatives from all liability in relation to all claims and losses arising in relation to, or in connection with, whether directly or indirectly:

(a)         any wilful act, omission, or neglect by You;

(b)         any breach of this Agreement by You;

(c)         Our performance of this Agreement in accordance with its terms;

(d)         any Claim against You that the intellectual property rights of any third party has been infringed; and

(e)         Your Use, non-Use, or misuse of the Intellectual Property or Confidential Information.

 

8.3       Limitation of liability

(a)         Except for certain statutory warranties under consumer protection laws We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Program or Your use of the Program contents obtained from Us.

(b)         Subject to any claims available under consumer protection laws, We and Our Representatives are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i)          Your use of the contents of the Program;

(ii)        any failure or delay including, but not limited to, the use or inability to use the Program materials for their intended purpose;

(iii)       the results that You obtain from the Program.

(c)         For claims that cannot be excluded or restricted under consumer protection laws, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to:

(i)          in the case of the selected Program:

  1. allowing you to attend a further Program of the same duration as the one chosen;
  2. paying the cost of having You attend another Program of similar standard to the one provided.

 

 

9.          Termination

You agree that Your participation in any Program may be terminated by Us at any time in our sole absolute discretion:

(a)         if you breach as essential term of this Agreement, after first having been notified of Your particular behaviour or action by Our Representative which has caused the breach; or

(b)         if we consider that You are not acting reasonably and in good faith, and/or Your attendance is for purposes other than Your own personal development; or

(c)         you have provided Us with fraudulent or inaccurate information in response to any of our application process.

 

 

10.       General provisions

(a)         Assignment – We may assign any of its rights and obligations under this Agreement by notifying You of such an assignment. You may not assign Your rights and obligations under this Agreement without Our prior written consent, which may be granted or withheld at Our complete discretion and, if granted, may be subject to conditions.

(b)         Event of Force Majeure – A Party who is prevented from performing any obligation under this Agreement (except an obligation to pay an amount of money) by the occurrence of an Event of Force Majeure is excused from the performance of any such obligation until they are no longer affected by the Event of Force Majeure.

(c)         Counterparts – This Agreement may be executed by the Parties in any number of identical counterparts. Each counterpart is deemed to be validly executed if it is signed by a Party and sent by facsimile or by electronic mail to the other Party. It comes into effect when all identical counterparts have been validly executed. For the purpose of executing this Agreement or any document required by it, the Parties agree that any signature is valid and the document is validly executed if it is produced by an electronic communication as provided by the Electronic Transactions Act 2001(Qld).

(d)         Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.

(e)         Further assurances – The Parties agree to sign all further documents as may be necessary to ensure that this Agreement complies with the laws of any jurisdiction that is outside the jurisdiction as required.

(f)          Governing law and jurisdiction – The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

(g)         Severance – If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.

(h)         Survival – Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.

(i)          Variation – An amendment or variation to this Agreement is not effective unless it is in writing and signed by the Parties.

(j)                   Waiver – A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing and signed by the Party giving it.

(k)          Warranties regarding capacity – Each Party represents to each other that as at the date of this Agreement:

(i)          it has taken all necessary action to authorise its entry into and performance of this Agreement;

(ii)        it has the power to enter into and perform its obligations under this Agreement; and

(iii)        its obligations under this Agreement are valid and binding and enforceable against it in accordance with its terms.

 

 

11.       Definitions & interpretation

11.1    Definitions

In this Agreement, unless the context or subject matter otherwise require:

Agreement means the terms and conditions contained in this Program Participation Agreement.

Business Day means:

(a)         for receiving a Notice, means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place where the Notice is received; and

(b)         for all other purposes, a day that is not a Saturday, Sunday, bank holiday or public holiday in Queensland Australia.

Confidential Information means any information owned or relating to Us or the business carried on by Successarise, whether or not marked as confidential, and whether relating to the past, present or future operations of Successarise, including but not limited to:

(a)         any literary (including computer programs), dramatic, graphic design, photography, musical or artistic material, sound recordings, performance and films included in the selected Program;

(b)         all reports (whether in draft or final form), documents, printed matter including but not limited to scripting, advertising and promotional material, posters, billboard design, images of any kind whether print or digital, equipment, information and data stored by any means and recorded in or on any medium whatsoever;

(c)         the number, nature or mix of Programs and services offered by Us;

(d)         information relating to existing and prospective Attendees, customers, suppliers, our Representatives, consultants and contractors, including but not limited to identity and contact information, preferences, pricing, account values, efficiencies, and agreement terms and conditions;

(e)         techniques, processes, procedures, methods, know-how, trade secrets, production, manufacturing and other technical specifications, plans, and calculations, discoveries, research, and formulae developed or used by us and related information;

(f)          Intellectual Property;

(g)         third party information disclosed to You that has the necessary obligations of confidence;

(h)         any information which could reasonably be regarded as being confidential in nature;

(i)          the terms of this Agreement, unless required to be disclosed at law.

(j)          but not including information which:

(i)          is publicly available or generally known; or

(ii)        the receiving party already possesses at the time of disclosure, or independently acquires it except through a breach of any obligation of confidentiality by it or any third party.

Force Majeure means an act of God, fire, lightning, explosions, flood or other natural disaster, subsidence, act of terrorism, insurrection, civil disorder or military operations, power or gas shortage, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and any other cause, whether similar or not to the foregoing, outside of the affected Party’s control.

Intellectual Property means all intellectual property rights relating to Successarise and its business carried on in any part of the world, including but not limited to:

(a)         any licence to use or sub-licence such rights including those rights that are comprised in, arising from and/or related to the Programmes and/or the Scripts from time to time, including all software, audio, images, photographs, video and text incorporated in or associated with the Programmes and/or the Scripts and any tangible material related to the Programmes and/or the Scripts in any form whatsoever; including the pre-assessment forms, session tracking sheets, issues list and other specific templates, scripts and checklists that cause the Programmes to achieve the desired results for the clients as specified in the course manual and Programme outcomes;

(b)         all patents, copyright, rights in circuit layouts, registered and unregistered designs, trade marks (including the Trade Marks) and inventions;

(c)         any application or right to apply for registration of any of those rights together with any rights that arise in the future in respect of the Intellectual Property;

(d)         any processes, methods, technology, systems, reports, drawings, specifications, trade secrets, technical data, research data, know-how, logos and similar intellectual property rights;

(e)         software (including source code and object code versions), databases, build files, customisations, manuals, and other technical documentation.

Manual means the document that comes with the Program which is proprietary to Us that You may only use for Your own purposes or the purpose contemplated by the selected Program.

Representative means an director, employee, authorised agent or trainer authorised to deliver a Program.

Party means Us or You and Parties means both of us.

Program means personal development program that You selected from our Website that You would like to attend and complete.

Program Commencement Date means the date that We start providing the Program to You.

Trainer means the person who is responsible for delivering the selected Program that is Our Representative.

Website means the website that is made available from the URL at https://instituteofwomen.com/

 

11.2    Interpretation

In this Agreement:

(a)         a reference to:

(i)          one (1) gender includes the others;

(ii)        the singular includes the plural and the plural includes the singular;

(iii)       a person includes a body corporate;

(iv)       a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;

(v)         a Party includes the Party’s executors, administrators, successors and permitted assigns;

(vi)       a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

  1. that Statutory Provision as amended or re-enacted from time to time; and
  2. a statute, regulation or provision enacted in replacement of that Statutory Provision;

(vii)      an amount of money is to an amount in Australian dollars ($AUD);

(viii)    time is to Queensland; and

(ix)       a Schedule refers to a Schedule contained in this Agreement;

(b)         including and similar expressions are not words of limitation;

(c)         where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d)         headings and the table of contents are for convenience only and do not form part of this Agreement or affect its interpretation;

(e)         where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and

(f)          a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

 

12.       Our contact information

Successarise Pty Ltd ACN 166 341 948 as trustee for the A New Legacy trust

Marilyn Schirmer, Director

3 Habitat Place

Noosa Heads, QLD, 4567

Telephone: 1300 642 010 | Nominated email address: admin@instituteofwomen.com