These terms and conditions are between the parties described in the CorePlus Training Application Form ("the Application") and these terms and conditions with the Application form the entire agreement between the parties.
1.1 We agree to provide you with the training course on the dates and terms set out in the Application or otherwise advised.
1.2 At the completion of the training course and upon you satisfactorily completing any practical class to the standards required you will be issued with a qualification recognised by CorePlus studio businesses allowing you to work and be engaged as a class instructor at CorePlus studio businesses.
2.1 You agree to:
3.1 You represent, warrant and agree that:
3.2 You acknowledge that:
4.1 The fee for the training course is reduced to $0 and waived conditional upon and in consideration of the following criteria being satisfied:
4.2 Despite anything to the contrary, the fee for the training course of $1000 plus GST is payable within 14 days of an invoice being issued and payment demanded if:
4.3 If you withdraw from the training course after it has commenced, this will be treated as a failure to attend and complete the training course for the purposes of this agreement.
5.1 If you cancel your enrolment in the training course within 6 days prior to the scheduled commencement date, or cancel a scheduled mock class within 48 hours prior to the scheduled start time, in either case a late cancellation fee of $100 applies unless there is a legitimate reason that we reasonably consider justifies waiver of the fee (including emergency circumstances or illness).
5.2 If you fail to attend the training course on any scheduled training day, or fail to attend a scheduled mock class, which for the avoidance of doubt includes attending without providing a participant where one is required, a no-show fee of $150 applies unless there is a legitimate reason that we reasonably consider justifies waiver of the fee (including emergency circumstances or illness),
5.3 Any fee payable under this section is payable within 14 days of notification and is separate from, and in addition to, any other rights or fees payable under this agreement.
6.1 You must keep confidential and not use or permit any unauthorised use of any confidential information.
6.2 The above clause does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this agreement and provided that you ensure the adviser keeps confidential the confidential information.
6.3 For the purposes of this agreement, “confidential information” includes information which is disclosed to you in connection with the training course or the CorePlus business at any time whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential” and howsoever you receive that information whether directly or indirectly. It includes the customers, suppliers, transactions, listings, databases, software, processes, trade secrets, class sequences and training techniques of CorePlus.
6.4 You agree that you will returning any training materials (including any Training Manual) upon ceasing participation in the training course for whatever reason or upon our request at any time during the training course or at any time after its completion.
6.5 You agree you will not use the confidential information, including any skills, knowledge, trade secrets, know how, training techniques, class sequences, to obtain any benefit and/or gain employment and/or to teach classes at any business or undertaking that could be reasonably regarded as a market competitor of CorePlus and/or that offers similar products or services to CorePlus.
6.6 This clause relating to confidential information is intended to survive the termination or expiry of this agreement.
7.1 All intellectual property rights developed, adapted, modified or created by or on behalf of a party in connection with the training course or this agreement, whether before or after the date of this agreement, will at all times vest, or remain vested, in us and is only to be used by you in the manner prescribed by us.
7.2 All intellectual property rights in the training course, training materials, class sequences, techniques and content remain our property. No rights are granted to you other than the limited right to participate in the training course in accordance with this agreement.
7.3 For the avoidance of doubt, you must not use or make any alterations to our intellectual property without our prior written consent and you must return and cease using any of our intellectual property upon our request. Furthermore, you must not, including for a period of 12 months from the date of the training course, use the training, class sequences, techniques or materials provided as part of the training course to provide class instruction services, including to any business that competes with CorePlus, other than with the prior written consent of CorePlus, which will not be unreasonably withheld.
8.1 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of any liability that we may suffer, incur, or otherwise become liable for, arising from or in connection with:
9.1 Governing Law: this agreement is governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9.2 Notices: any notice given under this agreement must be given in writing and addressed to the relevant address last notified by the recipient to the other party. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 72 hours in the case of post or at the time of transmission in the case of transmission by email.
9.3 Severance: if a provision of this agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this agreement.
9.4 Survival: Clauses 6, 7, 8 and 9 will survive the termination or expiry of this agreement.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.