Terms and Conditions
Updated 14 April, 2022
This agreement details the services provided in the program and the basis for the delivery of these services to you. This Client Service Agreement consists of the:
attached Details of Client Service Agreement;
and attached Schedule of Fees and Services
Bonus additional trainings and videosMonthly Sacred Circle Zoom SessionsTasking and Challenges4 x audio trainingsAbout Us
The Live Free Enterprises Pty Ltd is an Australian Registered company based in Adelaide, Australia. We specialise in life, mindset and emotional regulation, with a focus on holistic aligned living and sustainable personal and professional development. We are extending an offer to share our learning experiences with you, in accordance with this Client Service Agreement.
Program Details
The program package that is ‘Rewire the Nervous System' inclusions:
Method of Delivering Services
This program will be delivered predominately via the Kartra membership portal, Zoom and Facebook. Weekly audio trainings and/or coaching calls will detail challenges and tasks with additional support availability via Facebook.
With our coaching calls and ongoing support, we will provide you the guidance and coaching to help you to improve your general lifestyle with good tips and rituals that promote sustainable personal and professional development.
How We Will Assist You in Your Personal Development Journey
We will provide generalised coaching advice based on our experiences. We will make reasonable efforts to provide guidance and coaching based on the information and feedback we receive from you.
We ask that you disclose the relevant information we need in order to provide you the best possible service, and we will use this information to assist you in your personal development journey.
Our Fees for Services
This Client Service Agreement is a fixed fee package of services. The package and fee structure is detailed in the attached Schedule of Fees and Services page. Additional expenses for our services are included in the fees in the schedule unless otherwise specified.
Accepting Our Offer of a Client Service Agreement
You acknowledge Client Service Agreement as set out in this engagement offer by signing up to the aforementioned program.
Limitations and Exclusions of Service
The services and guidance provided by The Live Free Enterprises Pty Ltd and its personnel is general in nature and does not qualify as professional advice. This includes but is not limited to advice regarding financial, accounting, legal, medical, health, psychological, counselling, physical training and fitness, athletic physical performance, or your personal relationships. If you require professional advice, on your request, we may offer you a referral to a suitably qualified professional.
Acknowledgement and Acceptance
The role of the The Live Free Enterprises Pty Ltd coach is purely as facilitator, making choices or taking action is entirely your responsibility. The Live Free Enterprises Pty Ltd accepts no legal responsibility for the actions or outcomes that may be because of the coaching. You will not hold The Live Free Enterprises Pty Ltd or its people responsible for your experience with any of the coaching programs and practices.
SCHEDULE OF FEES and SERVICES DETAILS
Package Price: $300 paid in full OR $400 on an easy pay plan
CLIENT SERVICE AGREEMENT
Commencement Date and Term: This Agreement commences on the date it is agreed upon by you, or the date the package is purchased (whichever is earlier) and continues until the conclusion of all aforementioned coaching practices and services.
Expiry Date: At the end of the package, whichever occurs first.
Agreement Components: If there is any inconsistency among any of the documents, precedence is to be given to the Client Service Agreement, then the Engagement Letter, then the Schedule of Fees and Services.
Services For Your Benefit: Our Services are provided solely for your use for the purpose set out in our Schedule of Fees and Services, and this Client Service Agreement, and is not intended to be for the use or benefit for any other person or entity.
Terms and Conditions of Client Service Agreement
1. The Live Free Enterprises Pty Ltd Obligations
(a) The Live Free Enterprises Pty Ltd will provide the service:
(i) in accordance with this Client Service Agreement;
(ii) from the Client Service Commencement Date until the conclusion of a purchases package, or until the Expiry Date, whichever occurs first;
(iii) in accordance with the methods of delivery specified in the Schedule of Fees and Services; and
(iv) using a coach with appropriate skills and experience.
(b) In performing the services, The Live Free Enterprises Pty Ltd will take reasonable steps to ensure that its coach(es):
(i) use reasonable endeavours to assist, coach and mentor you, with the benefit of their experience; and
(ii) will not exceed their scope of work, and may offer a referral to a suitably qualified professional if you request Services outside our scope of work.
2. Client Responsibilities
(a) Generally - you agree to:
(i) provide us promptly with all relevant information, we reasonably require to perform the Services you have purchased from us;
(ii) ensure we are permitted to use any third party information or intellectual property right you require us to use to perform the Services.
(b) Information - you are responsible for the completeness and accuracy of information supplied to us. We may rely on this information to perform the Services and will not verify it in any way, except to the extent we have expressly agreed to do so as part of the Services.
(c) Interdependence - our performance depends on you also performing your responsibilities under this Client Service Agreement. You agree we are not liable for any default to the extent it arises because you do not fulfil your responsibilities or because information supplied is, or becomes, inaccurate or incomplete, except to the extent we have expressly agreed to verify its accuracy and completeness as part of the Services.
(d) Your outcomes - The goals and outcomes that you set for yourself can only be achieved by you, and not by us. We will guide, coach, and advise you on techniques to reach towards your personal developmental goals. We cannot guarantee, in any way, your performance. You are responsible for your own outcomes. We will assist you as per our Client Service Agreement, however, we cannot make you do any particular action, or follow our advice, only influence you as you allow. You warrant and agree that you will not hold us accountable, responsible, or liable in any way for whatever outcomes you reach as a result of your actions or as influenced by our Services. Further, you indemnify us from any claim against us if your desired outcomes are not reached, for any reason whatsoever.
3. Warranties
The Live Free Enterprises Pty Ltd does not offer any warranty in addition to any warranty that may be required by law.
4. Payment
(a) You will pay the Fee of the selected package as described in the Schedule of Fees and Services,
upfront or via easy pay plan and will complete all payments as authorised.
5. GST and Other taxes
(a) In this clause, "GST" and other italicised terms have the meanings given to them in the GST Act as amended or replaced.
(b) Except where express provision is made to the contrary, and subject to this clause, any amount that may be payable under this Agreement is exclusive of any GST.
(c) Unless otherwise specified, the Client Service Agreement Fees are expressed exclusive of GST.
(d) If GST is payable on any goods of service that we provide, you are obligated to pay for the GST.
6. Intellectual Property Rights
(a) The Live Free Enterprises Pty Ltd retains ownership of all Intellectual Property Right in the Materials and nothing in this Agreement transfers any ownership.
(b) All Intellectual Property Rights discovered, created, developed or otherwise, coming into existence because of, for the purposes of, on in connection with the performance of this Client Service Agreement will be owned by The Live Free Enterprises Pty Ltd.
(c) You must execute all documents and do all the things required to give effect to this clause.
7. Confidentiality
(a) Subject to clause 8(b), each party must maintain in confidence all Confidential Information and
ensure that the Information is kept confidential.
(b) A party may disclose Confidential Information:
(i) to the extent required by law;
(ii) where the Confidential Information is in the public domain through no act, neglect or fault of;
(iii) where a party has notified the other party that confidentiality of the information is no longer required to be maintained; and
(iv) to the party's professional advisors to obtain professional advice subject to such advisors being under an obligation of confidence to that party.
8. Privacy
Both you and The Live Free Enterprises Pty Ltd, agree to comply with any Privacy Laws and do not do anything which could cause the other party to breach any Privacy Law, and:
(i) only use Personal Information provided by each party for the purpose of fulfilling its obligations under this Agreement; and
(ii) take all reasonable steps to ensure that the Personal Information is protected against misuse and loss, or unauthorised access, modification or disclosure.
9. Liability and Indemnity
(a) You indemnify The Live Free Enterprises Pty Ltd against:
(i) any liability to or claim by a third party (including its Personnel); and
(ii) all costs, charges, expenses (including in connection with advisors), fines, penalties, losses, and damages suffered or incurred arising directly or indirectly out of or in connection with any wilful or negligent act or omission or breach of this Client Service Agreement by you.
(b) This indemnity will survive termination or expiration of the Client Service Agreement.
(c) It is not necessary for The Live Free Enterprises Pty Ltd to incur or suffer the liability, claim or costs or make payment before enforcing a right of indemnity under this Agreement.
(d) The Live Free Enterprises Pty Ltd is not liable to you or any other person for any excluded loss, or any loss, damage or liability whatsoever, as far as the law permits and unless otherwise specified in this Agreement. The Live Free Enterprises Pty Ltd excludes all liability to you and to any and all other persons, for any injury, loss, damage, cost or expense relating to or arising from this Client Service Agreement.
(f) Where The Live Free Enterprises Pty Ltd liability cannot be lawfully excluded, it is limited at its option to:
(i) the resupply of the provision of the Services;
(ii) the payment of the cost of providing the Services; or
(iii) the amounts paid by you for the provision of the Services.
(g) No claiming against employees - You agree not to bring any claim against any of our employees personally in connection with the Services. This includes claims in negligence, but excludes claims of fraud or dishonesty. This clause if for the benefit of our employees. You agree that each of them may rely on it as if they were a party to this Client Service Agreement. Services are provided by our company, The Live Free Enterprises Pty Ltd and not by our employees and/or life coaches/consultants as individuals.
10. Termination
The Live Free Enterprises Pty Ltd may terminate this Client Service Agreement immediately by written notice to you if:
(i) you fail to comply with any term of this Client Service Agreement;
(ii) as an individual, you commit an act of bankruptcy;
(iii) for any reason, or no reason at all, with written notice of termination.
(iv) If two payments via payment plan are not honoured and there has been no communication from the client.
11. Refunds
Due to the intimate nature of this program, no refunds will be given. In cases of extreme emergency, refunds or transfer of services may be approved at the discretion of The Live Free Enterprises Pty Ltd.
12. Survival
(a) The following clauses survive termination or expiration of this Agreement:
(i) Clause 6 - Intellectual Property Rights;
(ii) Clause 7 - Confidentiality;
(iii) Clause 8 - Privacy;
(iv) Clause 9 - Liability and Indemnity;
(v) Clause 10 - Termination; and
(vi) Clause 14 - Definitions.
(b) The indemnities in favour of The Live Free Enterprises Pty Ltd, survive if this Client Service Agreement is terminated or expires.
13. General
(a) This Client Service Agreement cannot be varied except by mutual consent, in writing, by both parties.
(b) This Client Service Agreement constitutes that entire agreement between us and you, and
supersedes any other agreement, representation, or negotiations between us and you.
(c) You may not assign or subcontract any of your rights or obligations under this Agreement to any other person.
(d) This Agreement is governed by the laws of South Australia and both you and we submit to the
non-exclusive jurisdiction of the courts of South Australia and subsequent appeal courts.
(e) Entirety of the agreement - this written Client Service Agreement, comprising of the Engagement
Letter, Schedule of Fees and Services, and Client Service Agreement, constitute the entirety of our agreement. If any provision, term, or clause is held to be unenforceable, then only that provision, term, or clause and only to the extent it is not enforceable is to be struck out, and not affect the rest of the agreement. The remainder of the agreement, including the parts that survive the termination of the agreement, is to remain in force notwithstanding any provision, term, or clause that is held unenforceable.
14. Definitions
Applicable Law means:
(i) any Act of Parliament (Commonwealth or State) Ordinances, regulations, by-laws, order, awards, and proclamations of the jurisdiction where the Services are being carried out; and
(ii) Privacy Laws, together with any delegated legislation, such as rules, regulations made under it, and includes any amendment, variation, or re-enactment or replacing legislation.
Client Service Agreement: means collectively the Engagement Letter, Schedule of Fees and Services, and the
Client Service Agreement, a total of three documents together, and excluding any and all other representations and negotiations prior to, during, or after the signing of this Client Service Agreement.
Confidential Information: means the terms and/or details of this Client Service Agreement, and all confidential information, disclosed or provided in any form by The Trustee of The Live Free Trust in connection with The
Services.
Community Standards of Etiquette: means in reference to online forum and email interactions. You must not exceed or contravene the community standards policy of the platform used. You must not use abusive or hurtful language, or make threats, or target or bully any person. If you are unable to comply with reasonable community expectations of online behaviour, you may be excluded from the online forum or email support. A refund for this component will not be offered as a right in such circumstances.
Excluded loss: means economic loss, special loss, loss of revenue, loss of time, loss of goodwill, loss of data, loss of anticipated savings, loss of opportunity, loss of production, and loss of profit, whether these losses be direct or indirect.
Force Majeure Event: means any cause which is beyond a party's control (including war, riot, natural disaster, labour dispute, or law taking effect after the date of this Agreement), which prevents that part from performing its obligations under the Agreement.
GST Act: means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights: means all and any patents, patent applications, trademarks, service marks, tradenames, registered designs, unregistered design rights, copyrights, know-how, trade secrets, domain names, internet addresses, rights in Confidential Information, and all and any other Intellectual Property Rights, whether registered or unregistered, and including all applications and rights to apply for any of the same now in the future.
Personal Information: the meaning given under the Privacy Act 1988 (Cth).
Personnel: means regarding The Trustee for The Live Free Trust, employees, officers, agents, consultants,
contractors, and service providers.
Privacy Laws: means the Privacy Act 1988 (Cth) together with all legislation, principles, industry codes, and policies relating to the collection, use, disclosure, storage, or granting access rights to Personal Information.
Reasonable Use: means a reasonable amount of use of our email support services and online forums.
Responses from your life coach may not be unreasonably required outside of normal business hours, or more than 3 times per week. Exceeding this limitation may require you to upgrade your package, or incur additional fees, on top of your purchased package. Regarding online forums, you may interact with the forum for a reasonable amount of use, but may not unreasonably expect interaction with your life coach outside of normal business hours, or more than three times per week. For the avoidance of doubt, your life coach may, at their sole discretion, elect not to respond until their personal circumstances are conducive to responding, and this may be longer than anticipated.
Reimbursable Expenses: means any disbursements or expenses incurred by The Live Free Trust in providing the Services, including but not limited to costs of transport, accommodation incurred by The Live Free Trust or its Personnel, in connection with The Services, if not included in a fixed fee in the Schedule of Fees and Services.
Refund: means a refund on Services not yet provided in a package. Refunds are not payable as a right on Services already rendered or delivered.
Service Commencement Date: means the date of commencement of the Services, being the date set out in the Details, or the date of purchase, whichever is earlier.
15. Interpretation
(a) “include” or “including” are not words of limitation.
(b) A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision.
(c) Any reference to gender is inclusive and includes any and all genders including non-specific gender identification. Any reference
in this regard may refer to any and all possibilities.