You are here as you will be joining us for a program.
Please read these terms of engagement, so we are clear on expectations as we move into relationship in this way.
Then, head back to the registration page and click ‘agree’ before proceeding to sign up.
If you have any questions or clarifications, please do be in touch with us before clicking ‘agree,’ as it is important that we begin with a shared understanding of these foundations.
Terms and Conditions:
1. INTERPRETATION
1.1. In this Agreement, the following definitions apply unless the context makes it clear that a
definition is not intended to apply:
“Program” means all events, gatherings, and multi-week educational experiences that Turning Ground offers. This includes in-person and online offerings.
“Confidential Information” means all information obtained by a Party in the course of performing this Agreement;
“Participant” means the entity or person specified in your Induction Form, and where the context so requires, includes its employees, agents, and/or subcontractors;
“Misconduct” includes, but is not limited to:
(a) material non-compliance with statutory requirements, including relevant occupational health and safety laws;
(b) material non-compliance with anti-discrimination and harassment laws;
(c) unauthorised representation which may damage the reputation or business of either of
the parties;
“Organiser” means the entity specified in Item 1 of the Schedule and where the context so
requires, includes its employees, agents, and/or subcontractors;
“Personal Information” means information or an opinion (including information or an opinion
forming part of a database) whether true or not, and whether recorded in a material form or not,
about an individual whose identity is apparent, or can reasonably be ascertained, from the
information or opinion.
1.2. If this Agreement expressly or impliedly binds more than one person then it will bind such persons jointly and severally.
1.3. If a word is defined, another part of speech of that word has a corresponding meaning.
2. PROGRAM
2.1. The program dates and locations are detailed on the registration page
2.2. The Code of Conduct and Program Cost are not negotiable.
2.3 Program inclusions - if there are any - are stated on the registration page under “What’s Included”.
2.4 Program exclusions - if there are any - are stated on the registration page under “What’s Not Included”.
3. PARTICIPANT OBLIGATIONS
3.1. In addition to any other obligations under this Agreement, the Participant will:
(a) provide consent and cooperate with any reasonable requests for photography and
videography connected directly or indirectly to this Program. You acknowledge that:
i. The Organiser is the owner or licensee, as the case may be, of the copyright in any such
recordings;
ii. You consent to your image being used, including being edited, by the Organiser; and
iii. The Organiser is not obliged to use the images but if they do, any use is an authorised
use and that includes any marketing and promotional use, and your consent (subject to
law) is irrevocable and the benefit of these terms apply to Turning Ground and may be transferred by us to our assignees and licensees, without your prior consent.
(c) at all times act courteously to the Organiser, other Participants in the Program and any
third parties connected directly or indirectly to the Program, and not do anything which would
harm the reputation of any of them;
(d) conduct themselves in a manner that is pleasant and not harmful, offensive or intrusive
to other Participants, the Organiser or any other third party connected directly or indirectly to the Program; and
(e) accept that other impact leaders, the Organisers and other third parties connected to the Program may offer suggestions and feedback during the Program, and this does not constitute professional advice, nor is the Participant required to take the suggestion or feedback onboard or change any patterns or behaviours.
3.2. The Participant will also:
(a) take responsibility for their own safety and personal items before, on transit to, during and when leaving the Program and any activities connected directly or indirectly to the Program; make their own decisions in relation to obtaining personal and travel insurances and accept all risks associated with engaging in the Program or any activities directly or indirectly associated with the Program; and
(b) warrant that the Participant will not hold any person liable for providing suggestions or feedback, and will ensure they engage professional legal, financial and/or business advisors and/or seek professional medical and psychological treatment/advice where necessary.
4. PAYMENT AND THIRD-PARTY PROVIDERS
4.1. The Participant must make agreed upon payment of either full cost, or first installment of payment plan for the Program upon accepting a place in the Program.
4.2. Certain third-party providers will be used for processing payments and providing supplies to the Program which is not negotiable for the Organiser. As such, the Participant accepts that they will be liable for covering such fees as part of the costs of the Program.
4.3. The Participant may have the opportunity to purchase goods and services from third party providers, and in the event they accept any offers, this is a contract directly between the Participant and that third party to which the Organiser is not involved nor liable for in any way.
5. INTELLECTUAL PROPERTY
5.1. Unless otherwise agreed in writing, the Organiser will own the Intellectual Property Rights in any materials, content and information created, produced and provided by the Organiser in providing the Program.
5.2. The Participants undertakes that it will not, and will procure that another third party does not, use any intellectual property and/or materials belonging to the Organiser or a third party engaged in the Program, or any purpose other than intended in the Program, whether for commercial gain, personal purposes or charitable reasons, without first seeking that party’s express written consent and in the event such consent is given, providing full credit for the works to that person.
5.3. The Participant understands and agrees that breaching this clause has the likely impact of causing damage to the owner of the intellectual property and/or materials, and/or may create confusion in the market, and subsequently, this restraint is reasonable and not excessive in protecting the Organiser’s and/or third party’s intellectual property rights.
6. CONFIDENTIALITY & PRIVACY
Each Party must not, and must ensure that its officers, employees, agents and sub-contractors do not, use or disclose any Confidential Information, Personal Information or any information shared by the Organiser, other participants or a third party during the Program, without that other Party’s consent, other than for the purposes of performing this Agreement.
7. LIABILITY
7.1. The Participant understands that emotional issues may be unearthed and/or discussed during the Program and the Organiser and other guest speakers, along with other Participants, may offer advice and/or suggestions. The Participant understands that any such advice is merely guidance and does not constitute medical, legal, financial, business or psychological advice, nor does it replace the Participant’s need to obtain professional advice if necessary, and the person giving such guidance cannot be held liable for their comments.
7.2. The Participant holds harmless the Organiser where the Participant is in breach of this Agreement.
7.3. The Participant holds harmless and indemnifies the Organiser where the Participant has taken advice from a third party in breach of their warranty given in clause 3.2(b) of this Agreement and for any act or omission of a third party whether directly or directly connected to the Program, and whether or not introduced to the Participant by the Organiser or another person.
7.4. The Participant indemnifies the Organiser and its officers, employees and agents (those indemnified) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with the Program provided to the Participant, or breach of this Agreement.
7.5. Notwithstanding any other provision of this Agreement, the liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.
7.6. To the maximum extent permitted by Law, the aggregate liability of the Organiser in respect of any causes of action arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to $100 Australian Dollars.
8. TERMINATION
8.1. The Organiser may terminate this Agreement by written notice to the Participant effective immediately if the Participant:
(a) having given 2 business days’ notice if for any reason, including but not limited to, safety or politically based, it is not considered in the Participant’s or the Organiser’s best interest for the Participant to engage in the Program (in the Organiser’s sole discretion); or
(b) engages in Misconduct which is not capable of remedy; or
(c) where having the Participant engage further with the Program may cause physical, financial, reputational or other harm to the Organiser, the Participant or a third party.
8.2. The Participant may terminate this Agreement by written notice to the Organiser effective immediately if the Participant is mentally or physically unwell to the extent that they would not be able to travel or reasonably participate in the Program, or where their illness would impact on any other Participant’s enjoyment of the Program.
9. TRANSFERS
9.1. The Organiser cannot allow transfers of the Participant’s place in the Program as this is an invite only Program.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Parties and supersedes all prior representations, Agreements, statements and understandings, whether verbal or in writing, in relation to its subject matter.
11. RELATIONSHIP OF PARTIES
Nothing in this Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the Parties.
12. SEVERABILITY
If any part of this Agreement is void or voidable, then that part is severed from this Agreement but without affecting the continued operation of the remainder of this Agreement.
13. VARIATIONS
The provisions of this Agreement will not be varied either in law or in equity except by Agreement in writing between the Parties
14. APPLICABLE LAW
The laws of the State of Victoria govern this Agreement and the Parties submit to the non- exclusive jurisdiction of the courts of that State.
15. SURVIVAL
Clauses 7, 8, 9, 10, 11 and 13 to 17 will remain in full force and effect following the expiry or termination of this Agreement.
16. PAYMENT PLAN
For programs that offer a payment plan, participants are required to pay all installments of the payment plan even if they do not attend all the sessions or if they decide to cease participation part way through.
Please head back to the Registration Page to click ‘agree’.
If you have any questions or clarifications, please do be in touch with us before clicking ‘agree,’ as it is important that we begin with a shared understanding of these foundations.