Perfect Pitch Program

The Perfect Pitch Program Annual Membership

12 month agreement

This agreement is between Bauling Enterprises (ACN 649 445 698) (known as and herein referred to as “The Perfect Pitch”)

AND

The Perfect Pitch annual member signed herein this document (herein referred to as “the Client”).

TERMS AND CONDITIONS

• Definitions
•  In this document, unless contrary to or inconsistent with the context:
• Confidential Information means all information or other material passing from either party to this document in relation to the operations, products, business, structure, or any other commercial information of either party, whether before or after this agreement is signed, including:
• information or material that passes by observation, inspection, and overhearing; and
• information or material obtained by reasoning or deduction from information passing from either party to the other party.
• Commencement Date means the date when the parties sign this document.
• Membership Fee means the fee charged by Bauling Enterprises to give access to the Client to The Program.
• Recipient means the party receiving the Confidential Information.
• Term means the period between the Commencement Date and the Termination Date.
• Termination Date means 12 months from the Commencement Date.
• The Program means the workshops, coaching session, and any other session provided by Bauling Enterprises as outlined in clause 5 of this document.
• Interpretation
• The words “including”, “includes”, and “in particular” do not limit the words which precede them or to which they refer.
• Unless the contrary intention appears:
• a person includes a firm, a body corporate, an unincorporated association or an authority;
• the singular includes the plural and vice versa;
• words importing gender include all genders;
• a reference to a statute, ordinance, code, or other law includes regulations and other instruments made under it and consolidations, amendments, re-enactments, or replacements or any of them;
• where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning; and
• $ means Australian cents and dollars.
• Headings are inserted for convenience of reference only and are not to be used in the interpretation of this document.
• If an event must occur on a stipulated day which is not a Business Day then the stipulated day will be taken to be the next Business Day.
• Times of day in the document refer to times of day in Sydney NSW.
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By signing this document, the Parties agree to be bound by the provisions of this document throughout the Term, and the Client agrees to pay the Membership Fee to Bauling Enterprises in consideration for Bauling Enterprises providing the Program.

The Client acknowledges that Bauling Enterprises reserves the right to limit, suspend, or terminate the Client’s membership at her sole discretion in The Program, without refund, if the client:

becomes disruptive;

fails to follow the program guidelines; or

impairs the participation of Bauling Enterprises’ instructors or any other participant in The Program.

The Client acknowledges and consents to the use of their photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. The Client’s consent is granted to Bauling Enterprises and extends to such use without restriction or limitation as to time or geographic boundary.

The Client acknowledges that Bauling Enterprises owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark mentioned in paragraph 3.2, and hereby waives all rights to any claims or demands for royalties associated with the use of such materials.

The Client acknowledges that Bauling Enterprises is not required to present any use of materials outlined in clause 3.2 for approval, review, or inspection by the Client, and the use of the material will be at the sole discretion of Bauling Enterprises.

• The Program provided by Bauling Enterprises to the Client includes the following:
• Twelve months access to The Perfect Pitch Membership Program;
• Access to the ‘Get Your Pitch Fix Workshops’;
• Access to the ‘Practice Your Pitch’ sessions;
• Access to the ‘Members Only Perfect Pitch Facebook Group’.

The Client acknowledges that contribution or involvement in the Program is not mandatory, but it is recommended in order to benefit from the Program.

The Program education and information is intended for a general audience and does not purport to be, nor should it be construed as advise or counselling tailored to any specific business or industry.

All materials, procedures, policies and standards, manual, teaching aids and any other document used in the Program that has been or will be made available by Bauling Enterprises or its designated facilitators, or any other source, oral or written, are for individual use in or in conjunction with this training program only.

• The Program content is for individual use only and may not be sold, tape-recorded, videotaped, shared, taught, given away or otherwise divulged without the express written consent of Bauling Enterprises or its designated agent.
• The information contained in the program material is strictly for educational purposes. Therefore, if the Client wishes to apply (or not apply) ideas contained in this material, the Client takes full responsibility for their actions and indemnifies Bauling Enterprises from any effect created due to their use of the material.
• Bauling Enterprises reserves the right, in her sole discretion, to change those referred to as “the experts” of the program without prior notice to the Client.
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In relation to the Confidential Information, each party to this document must keep, and must procure that all Related Entities of the Recipient keep, all Confidential Information in confidence and shall not disclose to any person or entity any of the Confidential Information, except as otherwise provided by the terms of this deed. 

The Recipient recognises that disclosing the Confidential Information infringes either party’s intellectual property rights and hereby irrevocably indemnifies the other party against any and all damages or loss incurred due to a disclosure of the Confidential Information by the Recipient or a Recipient’s Related Party, including, but not limited to, any and all legal costs arising out of the enforcement of this deed.

The Recipient hereby warrants that each has had an adequate opportunity to obtain legal advice on the effect of this deed of their obligations and liability under this deed.

The Recipient may only use the Confidential Information in so far as the Confidential Information:

is in, or enters, the public domain, other than by breach of this deed; or

is disclosed by the Recipient with the other party’s prior written approval; or

is required to be disclosed pursuant to any applicable laws, rules, regulations, or an order of a relevant court of law.

• The Program hosted by Bauling Enterprises does not provide a specific guarantee of outcome to the participant or their business. The training contained within The Program is intended for a general audience and pursuant to clause 6 of this document should not be construed as advice, training or counselling tailored to any specific business or industry.
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Governing Law: This document is governed by the law in force in Australia and the State of New South Wales, and each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each Party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

Counterparts: This document may be executed in any number of counterparts. A Party may execute this document by signing any counterpart and those signed counterparts may be exchanged electronically or by email or by facsimile. Signed counterparts so exchanged shall be deemed, together, to constitute one binding instrument.

Severability: If any provision of this document is illegal, void, invalid, or unenforceable for any reason, all other provisions, which are self-sustaining and capable of separate enforcement, shall be, and continue to be, valid and enforceable.

Variation: Any amendment or variation of this document must be in writing and is not effective until agreed to in writing by all the Parties.

Waiver: A power or right under this document may only be waived in writing, signed by the Party to be bound by the waiver.

Assignment: The Parties may not assign or deal with or purport to assign or deal with its rights or obligations under this document, or create, or allow to exist, any third-party interest over them, without the prior written consent of either Party.

Entire Document: This document contains the entire document between the Parties in relation to the above and any subject matter dealt with herein, and no earlier document, understanding, or representation, whether oral or in writing in relation to any matter dealt with in this document will have any effect from the date of this document and any such document, understanding, or representation is terminated with effect from the date of this document.