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The Academy – Contract
The Academy Fempire – Contract
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CLIENT AGREEMENT This Client Agreement (the “Agreement”), dated 26/08/2019 (the “Effective Date”), is made by and between Genine Howard Enterprises (hereafter known as “Company” and the client named above, (hereafter known as “Client”, and collectively, the “Parties”). WHEREAS, Company provides strategy, mentoring and implementation support (“Services”); and WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services. NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows: 1. SERVICES. Company agrees to provide: (herein referred to as the “Program”). THE ACADEMY 12 month group coaching program Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program. 2. DISCLAIMER. Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Mentoring, which is not counselling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Mentoring services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, subject only to such disclosures required by law. As each Client commences the Program from a different level of experience, Company cannot make and specifically excludes any guarantees as to the skill level that will be acquired by a Client upon completion of the Program. 3. CLIENT PARTICIPATION. Company’s requests for Client’s participation in the Program: Be on time to all private appointments. If client is up to 15 minutes late to an appointment or miss an appointment without 24 hours notice they forfeit their session Be honest and participate fully. Recognise that our sessions are a safe place to look at what you really want, and what it will take to make it happen. Make a commitment to the action plans you create, and do what you have agreed to do. Understand that the power of the mentorship relationship can only be granted by you, and commit to making the relationship powerful. If you see that the mentoring is not working as you desire, communicate and take action to return the power to the relationship. Client acknowledges and agrees that failure to participate as above will impact the effectiveness of the Program. 4. TERM. This Program is 12 months long and commences from the date of your first payment (“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. 5. 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, terminate this Agreement or limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes non-cooperative, disruptive or upon material violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued. Where possible, Company will provide Client with a written warning as to their behaviour and provide a 7 day remedy period prior to terminating the Program. The parties mutually acknowledge and agree that this policy is reasonable because: Company takes a limited number of Clients and will forego income where the Program is terminated prior to its completion; and Company’s intellectual property is largely disclosed upfront and the value of its services are largely provided upfront. 6. PAYMENT. Payment Terms THE ACADEMY Fempire Special Offer 1 payment of $799 + gst TOTAL $879.90 11 payments of $1140 + gst TOTAL $1254 p/m x 11 Client grants Company the authority to charge the card provided on the due date. If a payment is not received by this date, Company reserves the right to suspend services until payment is complete. 7. REFUNDS AND FEES. 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 and full payment of fees are required whether Client completes the program or not. Client is required to pay the fees without set off or deduction. Unless otherwise specified all fees are exclusive of GST. GST will be payable in addition to the fees. 8. CALLS. Company calls Client 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 advanced notice to Company. If client is up to 15 minutes late to an appointment or miss an appointment without 24 hours notice they forfeit their session 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. 9. 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. 10. 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. 11. NON-DISCLOSURE OF COMPANY MATERIALS. Material given to 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 an exclusive, non-transferrable single-user license. Client is not authorized to reproduce, duplicate, copy, sell or exploit any portion 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. 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. 12. 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. 13. INDEMNIFICATION. Client acknowledges and agrees that Company is not liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data loss or other intangible losses resulting from the use of or inability to use the Program. To the extent permitted by law, Company’s liability is limited to the cost of the Program or having the Program supplied again[SG2] . Company does not warrant that the results that will be obtained from participation in the Program will be accurate, reliable or profitable. Company does not warrant that the products, services, information or intellectual property obtained through the Program will meet Client expectations. To the maximum extent permitted by law, Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing. 14. 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 Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Queensland, 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 ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal 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. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia regardless of the conflict of laws principles thereof. All provisions are to be read subject to the Competition and Consumer Act 2010 (Cth). No provision of this Agreement is to be construed as attempting to contract out of any law which cannot be contracted out of. 16. 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. 17. 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. 18. SEVERABILITY. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, it shall be read down to the minimum extent necessary to remove the invalidity, illegality or unenforceability. If the term cannot be read down, it shall be severed from this Agreement and the other provisions of this Agreement shall not be affected and shall remain in full force and effect. 19. 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. 20. ASSIGNMENT. This Agreement may not be assigned by either Party without express written consent of the other Party. 21. 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, Commonwealth or 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 time for performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. 22. 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 the outcomes from the Program which are dependant on the 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 and with due care and skill[SG3] . Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company. 23. COACHING SESSION RECORDINGS Coaching Session(s) and/or Seminar, video images, movies, photographs and audio recordings may be used for educational purposes across Genine Howard Enterprises by representatives and employees and by other event holders, sponsors and advertisers of the specific Coaching Session(s) and/or Seminar. By participating in these programs or sessions you authorise your photo, video, voice or film likeness (with or without your name) to be used, without any compensation payable, for any commercial or non- commercial purpose (including without limitation for publicity, illustration or advertising) in any and all media by Genine Howard Enterprises. All video, audio and written materials purchased by or provided to me in connection with the Coaching or Seminar are protected by copyright laws and you agree not to use, disclose, copy or distribute any such materials to any third parties without the prior written consent of Genine Howard Enterprises. All private coaching and one on one sessions will NOT be used in the above stated manner and will remain private and confidentiality maintained at all times. Genine Howard Enterprises will NOT disclose, authorise disclosure, publish, post, circulate or otherwise disseminate any information obtained or recorded in private coaching session.
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