4. RELEASE. Totalling totaling
Client consents to recordings or video being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
5. TERM.
This Program begins from the date of the digital signing of this agreement until all private sessions are complete (“Term”). Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
6. TERMINATION.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
7. PAYMENT.
Total price of this Program is $7000 AUD +GST upfront. Or $4500 AUD +GST upfront and two monthly payments of $2150 AUD +GST totalling $8800 AUD +GST. Or 5 monthly payments of $1897 AUD +GST totalling $9485 AUD +GST. Client may pay upfront through debit or credit card. Client grants Company the authority to charge the card(s) provided every thirty days until final payment has been made.
Further, Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company's prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
If you have an emergency and can’t make your payment on time, please write to us via email (team@rewomen.com.au) to let us know and we will give you an extension that will be negotiated between us.
8. REFUNDS.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client
completes the Program. To further clarify, no refunds will be issued.
9. CALLS.
Client calls Company at the scheduled time of appointment. It is Client’s responsibility to schedule monthly calls with Company. If Client fails to schedule appointments, those unscheduled appointments are forfeited. If Client needs to reschedule a call with Company, Client must give at least 24 hours advance notice to Company. Missed appointments will be forfeited at the sole discretion of Company.
Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried-over.
10. CONFIDENTIALITY.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
11. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
12. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to the Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorised to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
13. NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
14. INDEMNIFICATION.
Client shall defend, indemnify, and hold harmless Company, Company's shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognises and agrees that all of the Company's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
15. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to Sydney Mediations. The arbitration shall occur within one hundred and eighty-(180)-days from the date of the initial arbitration demand and shall take place in New South Wales, Australia. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the one hundred and eighty-(180)-day period. The written decision of the arbitrator (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
16. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of
New South Wales, Australia, regardless of the conflict of laws principles thereof.
17. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
18. COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
19. SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
20. SURVIVABILITY.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survived, shall survive the termination of this Agreement for any reason.
21. WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
22. ASSIGNMENT.
This Agreement may not be assigned by either Party without the express written consent of the other Party.
23. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
24. CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
Upon digitally signing this CLIENT AGREEMENT or digitally clicking the checkbox via the online payment system agree to the terms of this CLIENT AGREEMENT, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. and digitally signing via eversign system shall constitute a legal and binding instrument with the same effect as an originally signed copy.
