Elevate 2024 Event Terms and Conditions
Acceptance of Terms and Conditions
for Participation in the ELEVATE Event
This Acceptance of Terms and Conditions (the “Agreement“) and the applicable registration or order form (the “Registration Form“) for participation in the Elevate 2024 Event and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Karen Brook Studios Pty Ltd (“KBS“), with offices located at Level 13/50 Cavill Ave, Surfers Paradise QLD 4217, and you as the purchaser or consumer (“you“) as it relates to the Program. You and KBS may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
- Term of Agreement. The term of this Agreement shall begin upon KBS’s acceptance of your enrollment in the Program (the “Effective Date“) and shall end upon completion of the Program for which KBS has accepted your enrollment or upon termination by either Party. Either you or KBS may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
- Program Participation Fee. You shall pay KBS an amount specified by the company upon enrollment in the Program (the “Program Participation Fee”). The Program Participation Fee must be paid for in full before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in-person events, and/or scheduling or holding coaching sessions. KBS, in its sole and absolute discretion, may elect to allow you to pay the Program Participation Fee in installments. Should KBS elect to allow you to pay the Program Participation Fee in designated installments, any deviation in the payment terms will result in all Program products and services being suspended until payment is made. Any deviation in payment terms may, at KBS’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for the Program Participation Fee. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to KBS for the Program Participation Fee or other fees associated with your enrollment in the Program or the receipt of any products or services.
- Program Description.The Program consists of an intensive seminar conducted by Karen Brook over the course of two days that discusses Mindset and Paradigms, the importance of them and methods by which to change your Mindset and Paradigms that no longer serve you. The Program sessions are specifically designed towards providing participants with the knowledge, understanding and skills necessary for achieving remarkable personal, professional growth through an examination of the concepts conveyed by Karen Brook and her personal insight and guidance developed from their study.
- Program Participation at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. KBS makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. KBS does not provide psychological, investment or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety, which shall include, but not be limited to, advising KBS (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) of any allergies or other conditions that may require special attention or accommodations be provided.
- Mandatory Attendance Requirement. Due to its unique and interactive nature, in-person attendance at all sessions is mandatory to participate in the Program. If you cannot attend each session of the Program during its two day duration, KBS may, in its sole and absolute discretion, terminate your continued participation. You are prohibited from transferring to another scheduled Program. You also may not seek to make-up any session or sessions missed during the Program through attendance at a subsequently conducted Program.
- Refund Policy. You may request to on-sell your Program Participation Fee to another participant via your own network or our waitlist. You may also transfer your Program Participation Fee to another individual and contact customer service prior to the Program and advise of any changes. If you fail to transfer your Program Participation Fee prior to the commencement day, the Program Participation Fee and all other associated fees, if any, shall be nonrefundable. In the event the Program Participation Fee and all other associated fees, if any, become nonrefundable, KBS will issue you a credit that can be applied towards the cost to attend any other program within six (6) calendar months from the date the credit is issued. In order to receive a credit that can be applied towards the cost to attend another program, you must contact customer service prior to the day the Program you have registered to attend begins. No credit will be issued after attendance at, or following the scheduled commencement of, the Program for which you have registered.
- Accommodation. You are responsible for paying for your own transportation, parking, accommodation and meals associated with attending the Program.
- Ownership Rights and Proprietary Information. KBS and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by KBS (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by KBS (or its affiliated entities) in connection with the Program or any Proprietary Information (as defined below). You agree that all materials provided by KBS as part of the Program, which are confidential and proprietary in nature, will constitute KBS’s “Proprietary Information.” You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of KBS.
- Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “KBS Intellectual Property“) associated with the Program and their associated websites are proprietary to KBS and its affiliated entities. You will not take any action that would interfere with or infringe upon the KBS Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the KBS Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the KBS Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the KBS Intellectual Property; (iv) use of any KBS Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of KBS and (v) any action that would pass off or create the appearance of an association with or endorsement by KBS.
- Consent to Use Likeness. By participating in the Program, you expressly grant KBS consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from the Program sessions or any portion of the Program.
- Modification. KBS may modify or amend any of the terms and conditions contained in this Agreement, at any time and in KBS’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend KBS (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.
- Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without KBS’s prior written consent.
- Limitation of Liability. KBS (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program, even if KBS or its affiliated entities knew or should have known of the possibility of such damages. Further, KBS’s aggregate liability arising with respect to this Agreement and the applicable Program will not exceed the total amounts paid or payable by you under the Program.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws applicable in the state of Queensland, Australia, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against KBS, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
- Mediation follow by Arbitration. The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC). (a) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines). (b) The terms of the Guidelines are hereby deemed incorporated into this agreement. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the parties shall submit the dispute to arbitration in [insert location of the arbitration]. (c) The arbitration shall be administered by ADC and conducted in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to arbitration (the Rules). (d) The terms of the Rules are hereby deemed incorporated into this agreement. (e) The arbitrator shall not be the same person as the mediator unless the parties each consent in writing to the arbitrator so acting. This clause shall survive termination of this agreement.
- Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
- Relationship of Parties. You agree that by participating in the Program you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. KBS’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of KBS’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement, along with the Registration Form for the Program, constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.