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TERMS OF SERVICE AGREEMENT

 

CONTRACTOR
Jessica Anne Read (Inspired Life Collective)ABN: 12323894249PO BOX 311, GUNGAHLIN ACT 2912
(the "Contractor")

 

  1. BACKGROUND
  2. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  3. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. SERVICES PROVIDED 
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • Thrive online  monthly  membership;
    • Private Holistic Healing Sessions;
    • Package Sessions including 6 sessions & Deep Healing and Personal Transformation Program;
    • On-line courses, workshops, masterclasses and group programs; and
    • Business workshop facilitation.
  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. TERM OF AGREEMENT
  5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
  6. In the event that either Party wishes to terminate this Agreement, that Party can do so immediately by serving written notice on the other Party.
  7. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  8. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
  9. PERFORMANCE
  10. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Please refer to Additional Clause below General Disclosure
  11. CURRENCY
  12. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
  13. PAYMENT
  14. The Contractor will charge the Client for the Services as follows (the "Payment"):
    • As stipulated in additional terms.
  15. Invoices submitted by the Contractor to the Client are due upon receipt.
  16. REIMBURSEMENT OF EXPENSES
  17. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. The Contractor will only be reimbursed for expenses submitted according to the following guidelines:
    • Upon cancellation, membership access will terminate at the end of the month paid for. Example if you paid your bill on the 10th January and cancel on the 20th, you will have access until the 9th February. No part refunds are processed if membership is cancelled mid-month. The automatic debits for the following month are cancelled.
  18. CONFIDENTIALITY
  19. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  20. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
  21. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
  22. OWNERSHIP OF INTELLECTUAL PROPERTY
  23. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  24. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  25. RETURN OF PROPERTY
  26. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  27. CAPACITY/INDEPENDENT CONTRACTOR
  28. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  29. RIGHT OF SUBSTITUTION
  30. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
  31. In the event that the Contractor hires a sub-contractor:
    • the Contractor will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Contractor.
    • for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
  32. AUTONOMY
  33. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
  34. EQUIPMENT
  35. Except as otherwise provided in this Agreement, the client will provide all tools for access sessions including transport to a face to face session, reliable on-line connection for meetings and sessions and access to their own device.
  36. NO EXCLUSIVITY
  37. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
  38. NOTICE
  39. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    • ______________________
      ______________________________
    • Jessica Anne Read (Inspired Life Collective)
      PO BOX 311, GUNGAHLIN ACT 2912

    or to such other address as either Party may from time to time notify the other.

  40. INDEMNIFICATION
  41. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
  42. ADDITIONAL CLAUSES
  43. ACCEPTANCE of TERMS
    By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
    We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.
  44. PRICING
    Pricing: Current prices and packages are as follows (last up-dated 22 December 2021)

    Thrive Monthly Membership Subscription $39 per month Founding Member Price, $47 per month non-founding member price. Discount coupons may effect this price.

    Private Holistic Healing Sessions $120 per session (adult pricing)

    6 Session Package for Healing Sessions $600 per package per person

    Deep Healing & Personal Transformation Program $1200 per package per person

    2022, The Year of You 3 hour workshop 15 January $189 pay in full, $139 Early Bird Offer

    Workshop bookings are as per pricing and terms within the quote submitted to the contracting business / individual.

    All prices are inclusive of GST if required.
  45. PAYMENT & REFUNDS

    THRIVE - Monthly subscription payments billed immediately upon sign up pending any free trial offer and reoccur monthly from the date of sign up. Secure online payment services include Stripe, Square &  Paypal.

    HOLISTIC COACHING SESSIONS - Paid in full upon booking through Inspired Life Collective Website Process. When booked directly through Jessica, Invoice sent immediately after session and payment is required within 24 hours of invoice. Payment via EFT to Inspired Life Collective account (specified on invoice) is preferred. Secure online payment through stripe and paypal available.

    HOLISTIC HEALING PACKAGES - Paid in full upon booking through Inspired Life Collective Website Process. When booked directly through Jessica, Package invoice sent upon booking. Payment of packages can be made either in full within 24 hours of receipt of invoice or with 2 payments of $300, the first upon receipt of invoice (within 24 hours) and the 2nd 1 month from this date. Other payment plan options must be mutually agreed upon and approved by Jessica in writing.

    DEEP HEALING & PERSONAL TRANSFORMATION PROGRAM  - Paid in full upon booking through Inspired Life Collective Website Process. When booked directly through Jessica, invoice sent upon booking. Payment of packages can be made either in full within 24 hours of receipt of invoice or with 3 payments of $400, the first upon receipt of invoice (within 24 hours) and the 2nd 1 month from this date and the 3rd 1 month from this date. Other payment plan options must be mutually agreed upon and approved by Jessica in writing.

    ONLINE WORKSHOPS / COURSES / MASTERCLASSES - Payment in full upon booking through on-line website process. Payment taken through Stripe, Square or Paypal.

    WORKSHOP BOOKINGS by business or individual: Invoice paid up-front or if required 50% booking fee required within 24 hours of invoice and 50% balance required within 24 hours of the presentation / workshop completion. Payment preferred option is EFT funds transfer to nominated bank account. Online payment options (Stripe, Square or Paypal are also available)

    HOLISTIC HEALING REFUNDS
    Holistic healing sessions are a payment for time & professional knowledge agreement. Jessica (Inspired Life Collective) has given you her time and expertise. The outcome of sessions is not guaranteed as every individual circumstances and level of commitment vary.


    THRIVE REFUNDS
    Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010. You can however cancel your subscription at any time.

    Thrive is a monthly membership site. Recurring, automatic payments are made on a monthly basis or an annual basis, based on the specific plan at checkout. You will be charged on monthly intervals until you manually cancel your membership (which can be done via email [email protected], subject line I'd like to cancel my membership).

    If you are unsatisfied with the membership site content for any reason, you can opt to have us cancel your membership. Please contact our support team ([email protected]) BEFORE the next payment is taken out. All access will be revoked once your account has been cancelled. Whilst we are happy to cancel your membership at any time, *NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCE unless in accordance with the satisfaction guarantee below.
    Once your membership is deactivated, you no longer have access to any member benefits (including, but not limited to, content within the Thrive Member's Area, bonus content, invitations to meetups and events, and the members-only Online Community).
  46. CANCELLATION POLICY PRIVATE SESSIONS Inspired Life Collective requires 24 hours notice for a session cancellation. 40% of the full session fee will be retained upon any cancellations less than 24 hours notice. Sessions that are pre-paid and re-scheduled with more than 24 hours notice will simply have their payment allocated to the new session date. Cancellation of booking for ON-LINE  WORKSHOPS / MASTERCLASSES (any group service provided online) less than 36 hours prior to the event will not be refunded due to the limited spaces available in these classes. Cancellations of your booking for on-line  workshops / masterclasses prior to 36 hours will receive a full refund. Inspired Life Collective acknowledges unforeseen circumstances and refund policies are subject to amendment based on personal circumstances and at the sole discretion of Jessica Read. CANCELLATION OF WORKSHOP FACILITATION 50% deposit is non-refundable for cancellations less than 3 weeks out from the event date. CANCELLATION OF ON-LINE COURSES Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010.

  47. RIGHT TO TERMINATE
    Inspired Life Collective reserves the right to terminate your use of the site or any bookings in advance and services generally if you breach these terms as determined by Jessica in sole discretion.
     
  48. RESTRICTIONS
    All materials produced by Inspired Life Collective are not for reproduction or use as a training tool in your own workshops or communities or for distribution to and use by your clients without the
    express permission in writing from Jessica Read.
    An application for permission to use any materials or content may be submitted to [email protected]

     
  49. DISPUTES
    For any disputes relating to services directly provided by Inspired Life Collective, email [email protected]

    Inspired Life Collective shall not be responsible for any performance or service problems caused by a third party website or third party service provider including but not limited to your web service provider, stripe, square or paypal payment services, your software or up-dates / up-grades to your software. Any such problem shall be governed solely by the agreement between you and that provider.
  50. GENERAL DISCLAIMER
    Jessica Anne Read cannot make any guarantees about your ability for personal transformation and healing. Whilst EFT is a proven and effective technique, a client is responsible for the level of healing they receive and how committed they are to home work activities, suggested life style changes or additions and implementing what has been learnt within a session.

    Inspired Life Collective does not diagnose nor provide medical advice.

    If you are currently working with a mental health care giver, it is recommended that you mention this course of treatment. Mostly a natural alternative will compliment and work alongside what you are already doing.

    You are required to disclose to Jessica any mental health / physical body diagnosis that may impact sessions or be relevant to the reasons you have booked a session. Jessica will not be held responsible for implications from  failure to disclose this information.

    Your success depends on many factors including some as mentioned above and other holistic factors including life style choices, mental & physical health conditions, medications and more. Any testimonials and examples shared within Inspired Life Collective Marketing does not guarantee you the same or similar results.

       
  51.  
  52. ENTIRE AGREEMENT
  53. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  54. ENUREMENT
  55. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  56. TITLES/HEADINGS
  57. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  58. GOVERNING LAW
  59. This Agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory.
  60. SEVERABILITY
  61. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  62. WAIVER
  63. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 

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