Terms & Conditions – Training, Mentoring, Coaching & Workshops – Angela Gallo
Parties to this agreement
- These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”) and Angela Gallo (“we”, “our”, “us” or similar) which governs your use of our services such as training, consulting services, workshops.
- This Agreement governs the terms by which you interact with us and our content.
- Our contact details are email@example.com
- Please note that by agreeing to these terms, you are entering into a legally binding contract.
- If you do not accept all the Terms and Conditions, you must not enroll in any of Angela Gallo’s training programs, use or access our content or attend any session offered by us.
Your Commitment and What Angela teaches
- By entering into this agreement, you are committing time and effort to learn and practice the methods and processes that we teach. We do not claim that our methods are the only methods. But to get the best out of this course and to succeed in making the most out of this program, we strongly recommend following our teachings, unless you find a way that works better for you in a particular situation, in which case we urge you to brainstorm about this with your peers in this program.
- You agree to abide by the highest standard of good ethical conduct when using the processes we teach you, including not using the processes or information taught to cause harm or injury or for any illegal purpose.
- You agree not to sell, give away, publish, post or modify any of our content or give anyone access to your user account.
- If you make any content available through or in connection with this course, for example, you hereby grant us a royalty-free, irrevocable perpetual right to use such content in any way we see fit.
We cannot offer a guarantee that you will find success using these methods.
We cannot guarantee this content will not be confronting.
Intellectual Property & Goodwill
- Our intellectual property is everything that we teach, all methods, plans, charts, materials (electronic or otherwise), videos, workbooks, slides, graphics, blogs, trade marks (whether registered in your country or not) and anything else we produce or provide to you in relation to the services that we offer.
- We are generous with sharing our intellectual property. Please understand that this information is my intellectual property and shared with you only for you. Our intellectual property may only be shared as specifically allowed in clause 6 above, and the use of our intellectual property is further limited by clause 30 below.
- Our intellectual property may not be shared with anyone other than as stated in clause 6 above or used for any other purpose. Teaching these methods to others without paying us a royalty or licence fee (which we are open to negotiating on a case-by-case basis, but will only be valid once agreed in writing and signed by both you and me). In particular, you may not use the material in this course to create your own course or to generate an income to teach others how to be specialists in this arena, or to teach anyone who you you know or reasonably suspect will be using these skills or materials to teach others the techniques included in this course. This is a material term of this agreement and you agree that if you break this term, we will be entitled to an amount of liquidated damages of USD 500 000 for each breach, for breach of trust and loss of confidentiality, plus any further damages as may be assessed.
- Anyone breaking this rule or making plans with anyone else to break this rule will be immediately removed from our social media group/s and online course access without notice and without any refund.
- Our intellectual property is licensed to you under the terms of this agreement. No intellectual property will be transferred to you as a result of attending our course.
- You agree you may not (i) copy, modify, or create derivative works based on our intellectual property (ii) distribute, transfer, sublicense, lease, lend, or rent our intellectual property to any third party; (iii) modify, decompile, or disassemble our intellectual property.
- All rights in and to our content, including, without limitation, all copyright and other intellectual property rights, are retained by us.
- Copyright in the wording of this agreement belongs to Acacia Law. You may not use it, or any part of it without their written permission and payment of a licence fee. For details please email firstname.lastname@example.org
- The intellectual property provisions provide ongoing obligations which will survive the termination of this agreement.
- You acknowledge that if you create or attempt to create a course which is in competition with this course or with our business anywhere in the world, we will cancel your membership of our site and groups, remove your access to our site and groups, and you will receive no refund in such an event. If you have not yet attained certification, no certification will be provided in such circumstances. In addition, you agree that at a minimum, you will be liable to us for an amount of USD 500 000 liquidated damages for breach of trust, being our estimated investment in the creation of this course, in financial outlay as well as unpaid time expended by the course creators. In addition, we reserve the right to an injunction to stop you from offering such a course and also reserve the right to recover from you damages and/or an account of profits.
- You agree that clause 37 is fair and reasonable, given:
- This course is a world-wide first,
- It has a unique approach and unique content,
- A significant amount of original thought and effort, time and money has been invested in creating this course. Costs (including unpaid time of the creator are estimated at around USD 500 000 or more), such costs having been incurred on a speculative basis with no guarantee of return on investment.
Confidentiality and Respect
- We recognise that anything that you share with us is regarded as confidential, whether it is business or personal information. We undertake not to, at any time, either directly or indirectly use or disclose any information that you share with us, unless we are required to do so by law, or when seeking legal advice, or if you give us permission to share such information. We may share what we talk about in a way that does not reveal your identity.
- While we do ask attendees of our groups to be mindful of confidentiality of any business information revealed during workshops or group sessions, we do ask that you do not reveal anything you are not comfortable having repeated, because sometimes people do forget about the confidentiality requirements, and we cannot guarantee that people in our groups will keep any shared information confidential.
- FACEBOOK / MEETUP / LINKED IN GROUPS / OTHER SOCIAL MEDIA GROUPS - All members need to follow our group rules which we may change from time to time. These will be shown on the relevant social media group page. These would say things like you need to treat other members with respect, even after you or they leave the group.
- Also, please note that social media platform rules change from time to time. Sometimes these changes may mean that a technique we have taught you that is affected by the rule change is no longer (as) effective. Naturally, we have no control over such changes, and will not be responsible for any losses arising from such changes.
- Anyone trying to convince people not to attend our course will also be removed from our social media groups without notice and will be pursued legally. We reserve full legal rights in respect of such comments, should they occur.
- Breach of these material terms (and our intellectual property terms) means that you forfeit your membership to our group/s and online content, no matter what membership plan you have entered the group under and even if you have paid for such membership (and no refund will be given if such payment has been made).
- Please remember that social media can be a wild place and people may create false or misleading profiles. Sensible caution should be taken when doing business (or having personal contact) with anyone you meet via social media.
- While we make every effort to ensure that we know members of our social media groups personally or at least by online reputation, we give no guarantee of any sort about anyone you meet via social media including via our group/s.
Cancellations & Replacements
- Given the extent of information available through our online portal (which is accessible as soon as you make your first payment), we do not accept cancellations or offer refunds. Naturally, you may elect not to complete all the course requirements. No refunds are given under any circumstances.
- We reserve the right to cancel or postpone any, workshop, seminar or webinar event, or 1:1 session should exceptional circumstances require us to do so. If this happens, we will work with you to book you into a different event, on a date that suits you. No refunds will be given and the payment plan agreed to will still need to be complied with, if this happens. While Angela Gallo will present most face-to-face sessions and attend most 1:1 sessions personally, she reserves the right to engage a suitably trained replacement person at no notice to you.
- Costs are available on request and may differ depending on the course, workshop, webinar or similar; which you sign up for.
- If we have agreed that you may pay by instalment, you must pay each instalment to us in full by the instalment payment date.
- If you miss an instalment payment, then you agree that all amounts under this agreement become due and owing and must be paid to us immediately, without off-set, counterclaim or delay. If any payment dates are not met, we reserve the right to cancel this agreement and no refund or credit will be given and you will still be responsible for the full payment amount. This may result in loss of access to group/s and/or online material.
- If you miss an instalment payment and the amount owing is not paid to us immediately, you understand a third party collection service will be engaged to retrieve balance owing until it is the amount is paid in full.
- If any services under this agreement need to be postponed due to an “act of God” or an act of nature or other circumstances beyond our control, such as strikes or cancellation of flights or internet outages, we will notify you as soon as we can of the postponement and the alternative dates.
- Our in-person workshops are held in locations that we trust, but please make sure that you have your own insurance to cover you in the unlikely event of damage or loss of property or personal injury when attending our events, as we will not be responsible for any such damage or costs.
- To the fullest extent allowable by law, you agree to indemnify, defend and hold us, our people, our affiliates, our content providers and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) as a result of any services you provide after being trained by us or in connection with our training, this agreement, the performance or alleged or actual breach of it.
- To the extent permitted by law, we and our people shall not be liable for any damages, costs or losses whatsoever arising as a result of attending our training or using our training or materials.
- Should any liability attach, despite the clauses above, to the extent permitted by law, our liability and the liability of our people under this agreement shall not exceed the total aggregate amount you have paid to us for our services.
- Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right for any later instance of performance or enforcement.
- This Agreement is not assignable by you without our prior written consent. We may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
- Where we reasonably believe that content provided under our training is being used outside of the scope of the license granted under this Agreement, you agree to, at our request, provide a certificate of compliance signed by you, in a form to be approved by us. In particular, our intellectual property is licensed for your use within your own Doula business and not licensed for you to teach it to others.
- If any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision of an enforceable provision or provisions, that as closely as possible reflects the terms of the unenforceable whole or part provision but makes them enforceable.
- Unless prohibited by operation of law, this Agreement will be governed by the laws of the State of Queensland and the federal laws of Australia.
- Neither party will be liable for performance delays nor non-performance due to causes beyond its reasonable control, except for payment obligations.
- We do not make any guarantees as to the accuracy or quality of any third party information or services provided to you on our platforms or during our course, or linked to our platforms / courses / sites / pages. You agree that we will not be liable or responsible for any loss, damage, refunds, costs or any other matters of any sort as a result of dealing with such third party information or services.
- You acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. In consideration of us agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement.
- By signing up for our services, attending one of our workshops or webinars or coaching sessions, accessing our online content, or making any payment to us, you agree that you have read, understood and agree to be bound by these terms and conditions.
- By ticking a tick box agreeing to these terms and conditions or otherwise agreeing to these terms and conditions or by the act of using our content or registration as a user of our website, you agree that you have read, understood and agree to be bound by these terms and conditions.
- You warrant that you have full legal capacity to enter into this agreement.
- Should any clause or sub-clause be deemed unenforceable, the remainder of this agreement will be enforceable so as to give effect to the remainder of this agreement, with an interpretation as near as possible to the unenforceable provision, as is enforceable.
- Should any liquidated damages amount in this agreement be considered inappropriate or unenforceable by a court, a different amount may be substituted by a court, being an amount as close as possible to the amount stated in this agreement, as allowed by the court.
- This agreement is governed by the laws of Australia and you agree that any disputes will be subject to the exclusive jurisdiction of the competent court nominated by us at the time a dispute arises.
- This is an important legal agreement and we recommend you seek legal advice before entering into it and agreeing to your obligations in it.