Let's dot our i's and cross our t's with and ensure we're both protected.
IMPORTANT:
The legal agreement set out below governs your enrolment & participation in the Blissful Alliance [“program”] and use of the proprietary materials (which includes any audio, video or software programs associated with the course).
By checking this box and proceeding into the program, you acknowledge and agree that:
A. You have read this agreement,
B. You understand it, and
C. You accept and agree to be bound by its terms.
If you do not agree, do not understand, or do not accept this agreement, do not click “agree” and do not access the materials.
1. The Balance Institute Pty Ltd (ABN 35 163 745 926) of PO Box 274, Epping, NSW 1710 Australia t/as The Balance Institute (“The Balance Institute”) is the owner and provider of the Program, which intends to provide a group coaching program to executive women.
2. The Balance Institute agrees to make available to You the Program Materials, for a period of either six or twelve months from the date of enrolment. The Program Materials may consist of any combination (solely determined at the discretion of The Balance Institute) of written materials, webinars, audio and/or visual presentations, together with periodic personal coaching and evaluation (collectively, the “Program”). The Balance Institute will deliver the Program to You in exchange for a fee (“Program Fee”), according to clause 3 below. Your access to the Program is conditional on The Balance Institute’s receipt of the Program Fee.
3. By entering into this Agreement, You agree and understand that You have paid The Balance Institute either a one-time payment, or a monthly payment plan (the “Program Fee”) for access to the recurring subscription 6 or 12 month Program.
4. You may effect payment by using one of the following payment methods:
Payment by credit card: Visa and MasterCard; by PayPal, invoice or direct deposit.
You may be asked during the payment process to provide your credit card information. You agree that Your credit card will be charged, or Your bank account debited in the amount of the Program Fee plus any applicable sales tax and any other charges You may incur in connection with the Program. Except as stated therein, all Program Fees and charges are non-refundable. You agree to pay all amounts due and to maintain adequate funds or credit balances to satisfy all amounts due to The Balance Institute. Any bank fees or charges incurred by your credit firm or bank are your responsibility. Except if otherwise expressly refused by You, You will be billed by the payment method You designate. If any of Your billing information changes, You must update that information by contacting The Balance Institute, using the contact details that appear on the Website.
5. This Agreement shall commence at the time You agree to accept these terms and will terminate at the end of your subscription to the Program, save that clauses 5, 6, 8, 9, 10 and 11 shall survive termination or expiry of this Agreement together with any other terms which by its nature is intended to do so. Cancellation of your subscription will disable your access to recorded calls and any past and future modules within the Blissful Alliance Program. Note this does not impact any access to other Balance Institute programs.
6. By entering into this Agreement, You agree and acknowledge that The Balance Institute may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, Your experience in the Program, including any specific results experienced by You over the course of Your participation. You agree and acknowledge that this includes any written statements You may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Program. You further represent and warrant that any statements or testimonials that You make shall be correct, accurate, and truthful. Additionally, You irrevocably and permanently grant, assign and convey to The Balance Institute the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, Your name, likeness, image, photograph, voice, and video as related to and in conjunction with Your attendance of any Program event and/or participation in the Program (collectively “Your Materials”). You irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of Your Materials.
Please note, legals aside, as a human with a high degree of integrity I will never publish anything of yours, be it a comment, post, video, etc etc without your express permission. Any testimonials or videos you may have seen outside the program have been recorded with the express consent permission of the person appearing in them.
This is a safe space to be honest and vulnerable. Trust goes both ways. I will never breach your trust, just as I expect the same from you, given how much I share about my own personal struggles through the program.
7. By accepting these terms and agreeing to purchase and participate in the Program, You acknowledge and agree that You shall not be entitled to a refund of all or part of the Program Fee should You decide to cease participation in the Program prior to its completion for any reason. Furthermore, by entering into this agreement, You acknowledge that The Balance Institute makes no warranties, express or implied, as to the suitability of the Program to Your particular circumstances.
8. By entering into this Agreement, You acknowledge and agree that the undertaking of the Program is at Your sole discretion, and You acknowledge and agree that The Balance Institute has provided You with access to the Program on an “as is” basis, the success or otherwise of which may be determined by a variety of factors including Your own personal circumstances. The Balance Institute guarantees no specific results from Your participation in the Program. You take full responsibility for Your own success. Any examples of income or testimonials are not meant as a promise or guarantee of Your own potential earnings or success, and You should not rely upon them in any manner whatsoever. Please be aware that You may not experience any tangible or measurable benefit from Your participation in the Program.
9. In no event will The Balance Institute be liable to You or any party related to You for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise that You allege arise directly or indirectly as a result of Your participation in the Program. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
10. You will, at Your own expense, defend, indemnify, and hold The Balance Institute, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with You being granted access to the Program and/or The Balance Institute's provision of any service.
11. Subject to the terms and conditions herein, only You are being granted access to the Program, and during the Program You will be exposed to The Balance Institute’s proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorised by this Agreement, You shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of The Balance Institute’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to You in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. You warrant, represent, and agree to: (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. The Balance Institute shall at all times retain all rights, ownership, title, and interest in any Confidential Information.
12. You acknowledge that any and all intellectual property, including - but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or Sales System (collectively the “Intellectual Property”) – is the sole intellectual property of The Balance Institute. You further acknowledge and agree that, as between You and The Balance Institute, The Balance Institute own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to You herein, this Agreement does not grant You any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of The Balance Institute whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that The Balance Institute uses in connection with services rendered by The Balance Institute are marks owned by The Balance Institute. This Agreement does not grant You any right, license, or interest in such marks or Intellectual Property, and You shall not assert any right, license, or interest in such marks or Intellectual Property.
13. The rights and obligations under this Agreement are personal to You. You may not assign or transfer any rights or obligations under this Agreement.
14. This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between You and The Balance Institute concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. You represent, warrant and agree that You are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.
15. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and is modifiable only by a duly signed written instrument.
16. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of The Balance Institute, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of The Balance Institute to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorised to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.
17. To the fullest extent permitted by law this Agreement and any disputes relating to this Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales Australia. The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and territory worldwide.
18. The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.
19. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
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