SKYROCKET STRATEGY SESSION PARTICIPATION AGREEMENT

Congratulations on taking this important step to take your product-based business to a new level of success.  

This Skyrocket Strategy Session Agreement (the “Agreement”) is a legally binding contract between {{client.name}}, (the Participant) and Sarah Cross of Nest Investment Holdings Pty Ltd trading as Creative Product Institute (ACN 159 419 833), the Creative Product Institute Mastermind (the “Mastermind”) creator and facilitator.  

Please read this document carefully and contact The Creative Product Mastermind at [email protected] if you have questions or would like to discuss any aspect of this Agreement.  You are advised to seek independent legal advice. While you are expected to sign and return this document to the Creative Product Institute, you are deemed to have accepted the terms contained in this Agreement upon payment of fees. 

Background

The Skyrocket Strategy Session is a 90 minute Zoom session facilitated by Sarah Cross (the Facilitator), designed to support and guide seasoned business owners to greater business success as envisioned by each participant.

You are here because you have been elected to participate in the Skyrocket Strategy Session with Sarah Cross.

Eligibility

Please note to be eligible for acceptance into the Skyrocket Strategy Session you are required to have completed an application form and pre-work questionnaire provided by Sarah Cross to determine your personal and business suitability for the Skyrocket Strategy Session.

Terms and Conditions

Term

This Agreement will begin upon payment of the Skyrocket Strategy Session fees in accordance with this Agreement for the duration of the Skyrocket Strategy Session.  Further, in accordance with this Agreement, certain obligations in relation to protecting the intellectual property of the Creative Product Institute continue beyond the conclusion of the Skyrocket Strategy Session.

Your commitment
You understand and agree:

• The Facilitator is fully committed to all Participants and their success.
• The Facilitator will provide high-level support, suggested actions and accountability, however, the Facilitator cannot do the work required for your success.
• Your success in obtaining your business and personal outcomes as a Participant in the Skyrocket Strategy Session is entirely your responsibility.   
• Your commitment includes but is not limited to
1. completing the entire Skyrocket Strategy Session with full participation,
2. being committed to achieving your defined goals,
3. meeting the financial investment of the Skyrocket Strategy Session.

Skyrocket Strategy Session content scope

The Skyrocket Strategy Session delivers business development coaching under your chosen topic and includes coaching and support to address your chosen topic.

Skyrocket Strategy Session deliverables  

The Skyrocket Strategy Session content and included activities are as follows:

1. A 90-min Zoom power session with me (Sarah)
2. A targeted agenda and clear action steps
3. The recording and detailed notes from the session
4. Any important resources I have that will help you implement the strategy

Fees and Payment

1 x 90min Private Zoom Strategy Session - $497 

2. All prices quoted are in Australian Dollars.
3. All prices include GST. 

You understand and agree:

Payment types

9. Payments are required to be completed online by Credit Card (Mastercard, Visa, American Express).

Coaching sessions
You understand and agree
Session Timings

Group coaching sessions

1. The duration of a Skyrocket Strategy Session coaching session is a minimum of 90 minutes
2. All Skyrocket Strategy Session coaching sessions are conducted live and recorded on Zoom.

Scheduling – Individual coaching

10. The Facilitator has invested time in preparing for your individual business coaching session

Rescheduling

13. You may reschedule a pre-booked individual coaching session once only by providing 48 hours’ notice by email to [email protected] requesting to reschedule and providing a preferred time and date for the rescheduled session.
14. Every effort will be made to accommodate a convenient time for your however your preferred time is not guaranteed by the Facilitator.

Cancellation or no show

15. If you do not show up for your pre-booked individual coaching session, or you elect to cancel your session without rescheduling according to the terms and conditions of this Agreement, your session will be forfeited.
16. You may book in a new session that will be charged at the Coaches professional hourly rate (currently $365). This fee is NOT INCLUDED in the Skyrocket Strategy Session fee.

Late starts

17. On the rare occasion, the Facilitator is unable to commence your individual session at the scheduled time, the Facilitator will extend the session time or postpone to a time that is convenient for both parties to ensure the full benefit of a complete session.
18. If the Participant arrives late for an appointment, please be aware that due to other appointments or commitments, it is unlikely that the Facilitator will be able to extend the Participants session time and the session time will be reduced.  

Unused sessions

19. Any scheduled and included sessions that are not used by you before the conclusion of the Mastermind will be forfeited.

Day to day communication
You understand and agree:

1. Day to day communication for the 10-day duration after the Skyrocket Strategy Session is via Voxer – a direct voice to voice messenger App for all communications Monday to Friday during business hours.
2. All Voxer communication has a 24hr response time.

Confidentiality

1. All information shared with the Facilitator during individual coaching sessions is confidential and will not be shared with a third party unless required by law.
2. Personal and business information provided by you is managed in accordance with our Privacy Policy
3. The Service Provider will treat all information shared by the Client as Confidential, including all knowledge and

        Intellectual Property, unless the Client gives the Service Provider permission to share the information or the                    information is public knowledge or the Service Provider is required by law, in which case the Service Provider

        will give reasonable notice to the Client.

Payment terms and refund request management
You understand and agree:

1. The Skyrocket Strategy Session has been designed for participants who are committed to business success and who understand that to gain the maximum benefit and results a commitment to complete the Skyrocket Strategy Session is required.  

Refund Policy

4. Requests for a refund after 7 days will be managed according to our obligations and your rights as a consumer under Australian Consumer Law.
5. Refund request will be considered on a case by case basis and is not guaranteed.
6. Where a refund is agreed to, after the application of Australian Consumer Law principles, the amount of refund will be calculated according to the value of the Mastermind content, coaching sessions and professional hours provided to you plus an administration fee of $120 and deducting this amount from the amount you have paid to The Skyrocket Strategy Session.
7. Where your payment method is via a payment plan – the above costs will be calculated and deducted from the total fees owing to The Creative Product Institute.
8. You will remain liable for the balance for payment owed to The Creative Product Institute.
9. Failure to pay at any time is a breach of this Agreement and we are entitled to seek legal relief and remedy for this breach and to recover the debt owed by you.
10. Outstanding accounts will be referred to a third party for debt collection.  

Intellectual Property and Copyright
You understand and agree:

1. All programs and materials available in the Skyrocket Strategy Session and within any program created by The Creative Product Institute are the property of The Creative Product Institute and Sarah Cross and/or her affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. 
2. All material including but not limited to the Skyrocket Strategy Session content, manuals, videos and all other material is provided solely for your personal non-commercial use. 
3. You may not use any of the materials available in the Mastermind or any teaching platform or in a manner that infringes any of our rights or that has not been authorised by The Creative Product Institute or Sarah Cross. 
4. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material the Mastermind or related programs without the express permission of Sarah Cross. You may request such permission by emailing [email protected].

Disclaimer
You understand and agree:

1. You have engaged The Creative Product Institute services and purchased the Skyrocket Strategy Session at your own risk and that all content and programs are provided for business development education and information only.
2. The Creative Product Institute does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Skyrocket Strategy Session.
3. Results are dependent on various factors including but not limited to, commitment, business skills, personal ability, online skills, and dedication, and in no way dependent on any information provided to you The Creative Product Institute.
4. You shall refer any financial questions (business and development which may arise to qualified professionals before making any financial or business development related decision during or as a result of participating in the Mastermind.
5. The Creative Product Institute is not a Sales or Referral Agency and does not provide and does not provide lead or sales generation activities. 

Earnings Disclaimer

6. The Creative Product Institute cannot and does not make any guarantees about your ability to get results or earn any money with our templates, tools, ideas, information or strategies.   
7. You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of your purchase and participation in The Creative Product Institute Mastermind.

Limitation of Liability
You understand and agree:

1. Liability for the services provided by The Creative Product Institute is governed solely by the Australian Consumer Law and these Terms and Conditions.  
2. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
3. To the extent permitted by law, The Creative Product Institute excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
4. The Creative Product Institute guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
5. To the extent that The Creative Product Institute is unable to exclude liability; total liability for loss or damage you suffer or incur from services by The Creative Product Institute is limited to re-supplying the Services to you, or, at The Creative Product Institute’s option, refund to you the amount you have paid for the Services to which your claim relates.

Termination

1. Either Party may terminate this Agreement by providing 30 days’ notice in writing to the other party.

Termination by The Creative Product Institute

2. Except for as provided in this Agreement, where this Agreement is terminated by The Creative Product Institute with or without cause and through no action or fault of the client, any payment for unfulfilled services, without any fees or charges, will be refunded to the Participant.
3. Payment for fulfilled services will not be refunded.

Termination by the Participant

4. Except for as provided in this Agreement, where this Agreement is terminated by the Participant, the Participant is liable for all outstanding fees to The Creative Product Mastermind and payment is required in full with 7 days of the date of termination.

Feedback & Dispute Resolution

Your feedback is important!

You understand and agree:

1. You will contact The Creative Product Institute immediately with any concerns for quick and effective resolution through friendly consultation.
2. In the event of a dispute you agree to the following Dispute Resolution Procedure:
3. You must advise The Creative Product Institute in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute. 
4. You agree to meet with a key representative of The Creative Product Institute in person or via Zoom or Skype, in good faith to seek to resolve the dispute by agreement and compromise.

iii. If an agreement cannot be reached to resolve the dispute any party may refer the dispute to the Victorian Small Business Commission (VSBC) for direction and mediation. 

3. Both parties must attend the mediation provided by VSBC, in good faith, to seek to resolve the dispute through mediation.
4. Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party, is unsuccessful.
5. Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.
6. At no time will any communications or discussions be made public. This includes but is not limited to any social media websites of either party.
7. Any public discussion or comments about either party will be considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

Governing Law 

You understand and agree:

1. The Terms and Conditions of this Agreement are governed and construed in accordance with the laws of Victoria, Australia.
2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria.

Thank you for reading this Agreement.  By proceeding with your payment, you agree to abide by the Terms and Conditions contained in this Agreement.