Workshop booking agreement and Terms & conditions
In signing the Workshop Program Booking Sheet attached, or clicking yes via our type form registration (You) agree:
(a) to be provided with the Services by Project Gen Z Pty Ltd ABN 89 151 758 584 (Project Gen Z); and
(b) to enter into this legally binding Agreement with Project Gen Z.
Please read each part of the Agreement carefully and contact Project Gen Z if You have any questions.
Unless expressly stated otherwise, capitalised words and phrases used throughout this Agreement have the meanings given to them as follows:
Workshop Program refers to a Workshop Program offered by Project Gen Z being an Educational Workshop set out in the attached Booking Sheet.
Agreement means the agreement between You and Project Gen Z which includes these terms and conditions and any other terms incorporated by reference in these terms and conditions.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended.
Booking Sheet means the attached Booking Sheet which includes the additional terms of the agreement including consideration to be paid as Workshop Fees to Project Gen Z.
(a) in respect of both Parties, includes each Party’s confidential information about their business, structure, Workshop Programs, processes, methods, operating procedures, activities, products and services, trade secrets, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, knowhow, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential"; and
(b) in respect of Project Gen Z only, includes the Educational Material content, resources, materials, handouts and any login details provided in respect of the Workshop Program, any information provided to You by any of Project Gen Z’s employees, contractors, agents or representatives (including any speakers or students that may from time to time provide advice or information to You) during the Workshop Program Term.
Fees means the Workshop Fees and any other fees or costs that may otherwise be due and payable pursuant to this Agreement.
Force Majeure Event means any event, the occurrence of which is outside the control of a party including, without limitation, any act of government (including the imposition or variation of any law, rule, order, ordinance or regulation), accident, fire, insurrection, war, act of God, natural disaster, sabotage, strike or industrial action.
GST has the meaning given to it in the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Guarantee has the meaning given to that term in clause 6.1.
Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
Education Materials or Licensed Educational Materials means the selected Materials made available to You by Project Gen Z throughout the Workshop Program Term, including but not limited to downloadable templates, handouts and written resources, but for the avoidance of doubt, excludes any of the Materials that are not made, or expressed to be made, available to You for download, or for which access by You is not authorised outside of this license.
Educational Materials has the meaning given to that term in clause 11.1.
Workshop Fee means the payment of fees to Project Gen Z as outlined in the Booking Sheet.
Personal Information has the meaning given to that term in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth), as amended.
Workshop Programs means any of the following progams listed in the Booking Sheet including any other Workshop Programs that Project Gen Z may offer to You from time to time, for which You have elected to receive.
Workshop Program Term has the meaning given to that term in clause 3.
Services refers to all of the services provided by Project Gen Z to You for the duration of the Workshop Program Term in respect of your Workshop as outlined in the Booking Sheet.
Start Date means the date so described in the Booking Sheet being the date that You will begin to receive the Services, subject to the terms of this Agreement.
Termination Date means the date that this Agreement is terminated in accordance with clauses 7.1 or 7.2.
Total Workshop Program Fees means the total fee payable by You to Project Gen Z for the Minimum Workshop Program Term, as specified in the Booking Sheet.
This Agreement will commence on the Start Date and will continue until delivery of the Workshop Program as outlined in the Booking Sheet.
4.1 Delivery of Services
(a) In consideration for the Fees and subject to this Agreement, Project Gen Z agrees to perform the Services for the Workshop Program Term with due care and skill.
(b) Project Gen Z may provide the Services to You using its employees, contractors and other third party service providers that it may engage from time to time as Workshop facilitators.
4.2 Changes to Services
From time to time and with reasonable notice to You, Project Gen Z reserves the right to change, amend, reschedule or revise:
(a) the content, structure, and delivery of the Workshop Programs; and
(b) any component or inclusion with respect to a Workshop Program (including but not limited to amending, cancelling or rescheduling any Workshop Program’s components or inclusions) as may be reasonably required by Project Gen Z.
4.3 Access to Services
You agree and acknowledge that:
(a) You are responsible for organising the location of the workshop unless provided by Project Gen Z.
(b) Project Gen Z is not liable for any costs You may incur in connection with providing the location of the workshop or special event unless provided by Project Gen Z.
5. PAYMENT OF FEES
5.1 Total Workshop Program Fees
(a) You must pay the Workshop Fees, in full, on or before the Start Date.
(b) In accordance with clause 5.1, You acknowledge that your workshop will not commence, and Project Gen Z will not be obligated to provide the Services to You, until You have made payment of the Workshop Fees in full.
(c) You agree and acknowledge that:
(i) the Workshop Fees are provided as consideration for the supply of the Services to You; and
(ii) the Workshop Fees have been disclosed to You prior to the Start Date.
5.2 Method of Payment
(a) Where any provision of this Agreement requires payment of Fees to be made on a certain day, if that day does not fall on a Business Day, the payment may be initiated on the next Business Day.
(b) Project Gen Z will accept payment of Fees on receipt of invoice by way of:
(i) credit card.
(ii) debit card; or
(iii) direct deposit paid to Project Gen Z’s nominated bank account.
(c) You must ensure that:
(i) there are sufficient cleared funds in your bank account to meet the Fees as they become payable.
(ii) if You wish to pay the Fees by way of direct deposit, You must also provide Project Gen Z with credit card or debit card details, which will be debited in the event that You do not deposit the correct amount of the Fee payable on the date it is required to be paid under this Agreement; and
(iii) if your credit or debit card expires or is cancelled, you must provide Project Gen Z with your new credit or debit card details as soon as practicably possible to ensure the Fees can continue to be successfully debited.
(d) Project Gen Z reserves the right to charge an administration fee of $50 for each declined monthly payment.
(e) All Fees are payable in Australian dollars and are inclusive GST, unless expressly stated otherwise.
(f) You acknowledge and agree that Project Gen Z will not provide You with any refund for any Fees paid pursuant to your obligation to make payment of those Fees under this Agreement.
6. Additional Education Materials
(a) Any additional inclusions that may be provided to You by Project Gen Z as part of the Services (as specified in your Get Started Email, if any), must be used and will only be made available to You during the Workshop Program Term.
(b) For the avoidance of doubt, any Fees due and payable under this Agreement are not inclusive of the cost of any additional Education Materials or resources that may be required by You, including but not limited to, stationery, textbooks, reading materials, electronic devices, internet and study aids.
7.1 Termination by You
(a) If you are a member of the Workshop Program, you may terminate this agreement by providing 30 days’ notice in writing to Project Gen Z. Project Gen Z has a strict no refund policy but may reschedule the workshop at its discretion given reasonable notice.
(b) Unless otherwise expressly stated in this Agreement, You agree and acknowledge that the termination of this Agreement does not affect or relieve You of your obligations under this Agreement.
7.2 Termination by Project Gen Z
(a) Project Gen Z may, in its sole discretion, terminate this Agreement immediately by providing written notice to You, if:
(i) your account is in arrears for more than 30 days: or
(ii) You breach this Agreement; or
(iii) You are involved in any illegal activities.
(b) Project Gen Z may terminate this Agreement at any time by providing 10 Business Days’ notice to You in writing.
(c) Notwithstanding any other clause in this Agreement, if Project Gen Z terminates this Agreement pursuant to clause 7.2(b):
(i) You will not be required to make payment of any Instalments that fall due after the Termination Date; and
(ii) if You have already made upfront payment of the Total Workshop Program Fees in full to Project Gen Z, Project Gen Z may refund You a prorated amount of the Total Workshop Program Fees, where such prorated amount represents the period between the Termination Date and the expiry of the Minimum Workshop Program Term.
7.3 Obligations upon Termination
(a) Unless as otherwise expressly stated in this Agreement, you acknowledge and agree that Project Gen Z will not provide You with any refund for any Fees paid pursuant to this Agreement.
(b) Immediately after the termination of this Agreement, you agree:
(i) to promptly return, or where it is not possible to return, delete or destroy all of Project Gen Z’s Confidential Information and the Materials, and any documents containing or relating to any of Project Gen Z’s Confidential Information and Materials;
(ii) upon reasonable request, to provide Project Gen Z with evidence that You have complied with clause 7.3(b)(i); and
(c) The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.
(a) Your feedback is important to Project Gen Z. Project Gen Z seeks to resolve your concerns quickly and effectively. You agree to raise any concerns, problems or issues that You may have concerning your Workshop Program to Project Gen Z directly in person or via phone or email.
(b) You agree that You will not post any content on Project Gen Z’s website or any of its social media accounts that is, or could reasonably be considered to be, inappropriate, defamatory, disparaging or would otherwise bring Project Gen Z into disrepute.
9. YOUR ACKNOWLEDGMENTS, OBLIGATIONS AND WARRANTIES
9.1 Your Warranties
For the duration of the Workshop Program Term, you warrant that:
(a) You are responsible and liable for payment of all Fees and any other financial obligations associated with this Agreement.
(b) You will inform Project Gen Z if You have reasonable concerns relating to the provision of the Services, to allow the Parties an opportunity to resolve such concerns.
(c) You will keep confidential all Confidential Information that You receive during the Workshop Program Term; and
(d) You will refrain from using any recording equipment (including, without limitation, recording via smartphone, tablet, laptop or Dictaphone) of any kind at any of Project Gen Y’s live events, workshops, seminars or webinars.
9.2 Your Acknowledgements
You agree, acknowledge, and understand that:
(a) Project Gen Z, its agents, employees or representatives may record, film and photograph face-to-face components of the Workshop Program, and as a result, images, recordings or videos and that your students may intentionally or unintentionally be displayed on:
(iii) marketing videos.
(iv) Project Gen Z’s website;
(v) material used at Project Gen Z’s events or workshops,
and You consent to Project Gen Z using any such images, recordings or videos of You for these purposes;
(b) any information, resources and material that Project Gen Z may provide to You is general information only and has not been tailored to your school or learning environment/
(c) any information that You receive from Project Gen Z, or any of its employees, agents, contractors or representatives, does not constitute legal or financial advice; and
(d) any options, suggestions or advice provided by Project Gen Z, Project Gen Z’s advisers, employees and third party representatives engaged by Project Gen Z:
(i) must be treated by You as suggestions only.
(ii) should not be relied upon and does not constitute career, financial advice or financial product advice.
(iii) must not be relied upon by You and that You must undertake your own research and obtain your own independent advice before making any decision to implement any such options, suggestions, or advice into a Personal Business.
(i) as with any business, your students’ results may vary, and will be based on a number of factors including but not limited to your individual capacity, business experience, expertise.
(j) except as otherwise specified in this Agreement, there are no guarantees concerning the level of success that You or your students will achieve.
(e) Project Gen Z is not liable for any success or failure that your students may experience, either directly or indirectly related to the purchase and use of Project Gen Z’s services.
9.3 Your Obligations
(a) You warrant that You will not canvass, employ, induce, or attempt to employ, induce, solicit or entice away from Project Gen Z, any employee, customer or contractor that was employed by, or contracted to, Project Gen Z during the Workshop Program Term and for 12 months prior to commencement of the Workshop Program Term. This clause will apply from the Start Date until the later of:
(i) 12 months following the Termination Date; and
(ii) 12 months following the cessation of the employee or contractor’s employment or engagement with Project Gen Z.
(a) The Personal Information that You provide Project Gen Z is collected for the purpose of processing your enrolment into the Workshop Program and assisting Project Gen Z in providing its Services to You. You have a right to access and make alterations to your Personal Information.
(c) Except where expressly stated in this Agreement, Project Gen Z will not disclose your Personal Information to any third party or use your Personal Information for any purpose other than for the purpose of providing the Services to You, without your prior consent.
11. CONFIDENTIAL INFORMATION
11.1 Your Confidential Information
(a) Project Gen Z, including its employees and contractors, will not disclose your Confidential Information to any third party.
(b) Project Gen Z agrees to:
(i) use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and
(ii) only to use your Confidential Information for the purpose for which it was disclosed by You and not for any other purpose.
11.2 Project Gen Z’s Confidential Information
(a) You, including your employees, agents and contractors, agree not to disclose The Project Gen Z’s Confidential Information to any third party.
(b) You agree to:
(i) use all reasonable endeavours to protect Project Gen Z’s Confidential Information from any unauthorised disclosure; and
(ii) only to use Project Gen Z’s Confidential Information for the purpose for which it was disclosed or provided to You, and not for any other purpose.
The obligations set out under clauses 11.1 and 11.2 do not apply in respect of any Confidential Information that:
(a) is authorised to be disclosed by the Party that owns that Confidential Information (for example, Materials disclosed to your staff for the purposes of implementing the ideas contained therein known as Educational Materials);
(b) is in the public domain and/or is no longer confidential, except as a result of breach of this Agreement.
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or as required by a governmental or regulatory authority, including under subpoena.
12. INTELLECTUAL PROPERTY
12.1 Ownership of Intellectual Property Rights
(a) The information, materials, and resources that Project Gen Z provides to You in carrying out the Services contains material which is either owned or licensed by Project Gen Z (Education Materials).
(b) You agree that Project Gen Z owns, or is otherwise authorised to use, all Intellectual Property Rights in the Education Materials including all Trademarks, and that nothing in this Agreement constitutes a transfer of ownership of any such Intellectual Property Rights, except as with Project Gen Z’s prior written consent.
(c) Your use of the Education Materials does not in itself grant You a licence, or any rights of use, in respect of the Materials, whether registered or unregistered, except where such licence or right of use is either expressly granted in this Agreement or by Project Gen Z in writing. For the avoidance of doubt, only the Licensed Materials are permitted to be used by You beyond the expiry of the Workshop Program Term.
(a) Project Gen Z grants You a non-exclusive, revocable, international, and non-transferable licence (Licence) to use the Licensed Material during and after the Workshop Program Term: 13
(i) for your Education and non-commercial use with the development of your students.
(ii) by members of your staff, solely for the purposes of Education, subject to the conditions set out in clause 12.2 (b).
(b) Your use of the Licence is subject to your compliance with the following conditions:
(i) You must not use the Licensed Materials for any purpose other than that described in clause 12.2 (a), including for commercial purposes such as for sale to third parties, or to create a business that is the same or similar to the business carried on by Project Gen Z;
(ii) You must not copy, modify, sublicence, publish, transmit, distribute, upload, broadcast, sell or otherwise transfer the Licensed Materials to any third party without Project Gen Z’s prior written consent which it may withhold in its absolute discretion.
(iii) to the extent that any of the Licensed Materials are owned by third parties, you will comply with the third party’s terms and conditions relating to the use of that Licensed Material;
(iv) You agree that Project Gen Z can revoke the Licence at any time, and in the event that the Licence is revoked, You will use all best endeavours to immediately either return, destroy, delete or otherwise cease using, the Licensed Material;
(v) the Licence will be automatically revoked immediately in the event that You fail to make payment of any of the Fees that are due and payable under this Agreement.
(a) You agree to indemnify, defend and hold harmless Project Gen Z, including its employees, agents, contractors and representatives, for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, that may arise as a result of:
(i) any information provided to Project Gen Z by You that is not accurate, up to date or complete or is misleading or a misrepresentation.
(ii) any breach by You of this Agreement; and
(iii) any misuse of the Services from or by You, your employees, contractors, or agents.
(b) You agree to cooperate with Project Gen Z, at your own expense, in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of The Project Gen Z’s Services, including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have provided The Project Gen Z.
14. LIMITATION OF LIABILITY
(a) Except as required by the Australian Consumer Law, Project Gen Z:
(i) makes no representations and gives no warranties expressly or implied as to the suitability of the Services; and
(ii) makes no guarantee whatsoever as to the suitability, nature, or quality of the Services, except as otherwise provided by the Guarantee.
(b) In no event will Project Gen Z or its respective employees, contractors, agents, or representatives, have any liability to You for incidental, special, statutory, indirect or consequential damages in the delivery of the Education Materials.
(c) The liability of Project Gen Z arising out of or in connection with any Services provided under this Agreement will not exceed an amount equal to the amount of the Fees that have been paid by You for the Services as at the date of the liability occurring.
(d) The limitations of liability in this clause 14 will also apply to any liability of directors, officers, employees, agents and suppliers of Project Gen Z, who will be third party beneficiaries of this contractual limitation of liability and will be entitled to enforce this limitation directly against You.
(a) Project Gen Z may amend or vary this Agreement, its payment methods, payment processes and pricing structures, at any time, by giving notice to You.
(b) Notice of any such amendment or variation is deemed given to You and will become effective upon the earlier of either of the following occurring:
(i) Project Gen Z sending notice of the amendment to You at any address (including an email address) supplied by the You; or
(ii) Project Gen Z publishing the amended terms on its website/
You release Project Gen Z from any claim You may have as a result of any unauthorised copying, recording, reading or interference with any emailed document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
(a) The terms used in this clause are defined in the GST Act.
(b) Unless otherwise expressly stated, all Fees to be provided under this Agreement are inclusive of GST.
(c) If GST is payable on any Supply, the payer must, upon receipt of a valid Tax Invoice pay to the Supplier an amount equal to the GST payable in respect of the consideration payable for that Supply.
15.4 Relationship of parties
This Agreement is not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(a) If any provision (or part of it) of this Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
(b) If a provision (or part of it) of this Agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) of this Agreement are valid and enforceable.
15.6 Force Majeure
(a) Project Gen Z will not be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to a Force Majeure Event.
(b) If Project Gen Z is delayed from performing its obligations due to such a Force Majeure Event for a period of at least 2 months, Project Gen Z may terminate this Agreement by providing You with 5 Business Days’ notice in writing.
(a) Any notice required or permitted to be given by either Party to the other under this Agreement must be in writing addressed to that party to the following address: Project Gen Z By email, to: email@example.com
(b) Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
15.8 Jurisdiction & Applicable Law
This Agreement is governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts operating in Victoria.
15.9 Entire Agreement
This Agreement, and any document expressly referred to in it, including but not limited to the Online Application and represents the entire agreement between the Parties and supersedes any prior agreement, representations, understanding or arrangement between the Parties, whether oral or in writing.
15.10 Time is of the essence
Time is of the essence with respect to all obligations under this Agreement.
Other than as expressly stated elsewhere in this Agreement, the following clauses will survive the termination of this Agreement: clauses 2, 4.4, 5.3, 5.4, 5.5, 7.3, 8, 9, 10, 11, 12.2, 13, 1