Beyond Terms AND CONDITIONS
Last updated: August, 2021
The Fine Print that the Fun Police (our lawyers) want us to tell you. Because... well... they're not fun.
BEYOND PROGRAM COACHING AND MENTORING AGREEMENT
Table of contents
Provision of Services
Termination by the Company with Cause and without Cause
Client’s Obligations and Warranties
BEYOND “You Can’t Fail” Guarantee
SCHEDULE 1 – BEYOND Benefits
SCHEDULE 2 – Minimum Client Commitments
THIS AGREEMENT dated as per signature on Beyond Promise.
BETWEEN the Company
AND the Client
A. The Company conducts a coaching and mentoring business aimed at helping coaches grow and scale their own businesses.
B. The Company runs the Program which is specifically aimed at coaches seeking to reach a high level of achievement.
C. The Company has agreed to allow the Client access to the Program and the Client has agreed to comply with the terms and conditions set out in the Agreement.
The Agreement is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of the Agreement, unless the context otherwise requires:
- references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
- words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders, and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
- grammatical forms of defined words or phrases have corresponding meanings;
- parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales;
- reference to an amount of money is a reference to that amount in the currency specified in the first invoice issued by the Company to the Client;
- references to a party are intended to bind their executors, administrators and permitted transferees; and
- obligations under the Agreement affecting more than one party bind them jointly and each of them severally.
In the Agreement:
- Affiliated Entities means any Related Body Corporate of the Company and also includes Brody Etherington in his individual capacity
- Agreement means by way of signing the Beyond Promise and includes this document, any attachments or schedules thereto.
- BEYOND Benefits means those benefits of the Program as set out in Schedule 1.
- BEYOND Guarantee means the guarantee described in clause 10(a).
- Client means that party specified in Item 2.
- Commencement Date means that date specified in Item 3.
- Company means that party specified in Item 1.
- Confidential Information means all personal and corporate information ac-quired by the Client from the Company or its Affiliated Entities relating to the Program, clients and the business undertaken by the Company (including but not limited to information obtained in written, electronic or verbal form). This includes, but is not limited to, all Personal Information, financial, management and marketing information, all research, plans or other documentation, and all other information imparted in discussions or obtained through inspections or by any other method from the Company or the Affiliated Entities or the agents, advisers, consultants, employees or contractors of the Company or the Affiliated Entities. Information already in the public domain or that is proven to have been within the knowledge of the Client is not confidential for the purposes of the Agreement.
- Costs means all losses, liabilities, deficiencies, obligations, costs, damages, penalties, actions, judgments, suits, claims and expenses (without limitation, including reasonable legal costs, charges and disbursements).
- Investment means the amount specified in Item 4.
- Item means an item in the Reference Schedule.
- Late Payment Fee means the amount of $10 per day.
- Minimum Client Commitments means those commitments specified in Schedule 2 and as varied from time to time by the Company.
- Payment Schedule means the schedule referred to in Item 5.
- Personal Information means information of a personal nature relating to the directors, employees, agents or contractors of the Company.
- Program means the program known as BEYOND provided by the Company.
- Projected Sales means the total amount of projected sales revenue (not cash banked or accrued) and includes future revenue not yet collected.
- Reference Schedule means the reference schedule to the Agreement.
- Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).
- Schedule means the schedules attached to the Agreement.
- Services means the coaching and mentoring services provided by the Company to the Client including, but not limited to, the BEYOND Benefits, as well as addressing specific personal projects, business outcomes or general conditions in the Client’s personal and/or professional life, which may be amended by the Company from time to time. Services may include values clarification, business brainstorming, identifying and creating plans, examining modes of operating and teaching tools to assist personal transformation.
- Term means the term of the Agreement commencing on the Commencement Date and ending 15 months from the Commencement Date.
3. Provision of Services
- In consideration of the Client’s obligations in clause 4(a), the Company agrees to provide the Services to the Client during the Term on the terms and conditions of the Agreement.
- The Company will ensure that the Services are provided with reasonable due care and skill.
- The Company retains the flexibility to alter the Services and the mode or method of delivery of the Services as required in the reasonable opinion of the Company from time to time. The Company will convey in writing to the Client any such changes.
- The Company reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that the Company shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof.
4. Client’s Investment
- The Client agrees to pay to the Company the Investment which will be payable in accordance with the Payment Schedule without any deduction, counterclaim or set-off.
- Time is of the essence in relation to the obligations in clause 4(a).
- Any late payment will attract the Late Payment Fee until such time as any outstanding amount is paid in full.
The Late Payment Fee will be charged to the Clients nominated payment method within 24 hours of the Client’s regular payment schedule and the Client’s access to the learning portal and coaching calls will be suspended until the account is brought into good standing.
- The Late Payment Fee will be charged to the Clients nominated payment method within 24 hours of the Client’s regular payment schedule and the Client’s access to the learning portal and coaching calls will be suspended until the account is brought into good standing.
- The parties hereby agree that the Late Payment Fee is a genuine pre-estimate of loss that the Company will suffer if the Client does not comply with the Payment Schedule.
- In addition to the Investment, the Client will pay any payment processing fees charged to the Company from time to time (for example, payments by PayPal will presently incur a 3% payment fee).
Subject to Australian law, the Client may obtain a refund in the following circumstances:
- if the request is made within 24 hours of signing the Agreement (by way of signing the Beyond Promise), by written notice to the Company by email at email@example.com in which case the Company will process the refund within 14 days;
6. Termination by the Company with Cause and without Cause
The Company may immediately terminate the Agreement if the Client:
- commits any serious or persistent breach of the Agreement which is in the reasonable opinion of the Company incapable of rectification; or
- fails to remedy, to the Company’s reasonable satisfaction, a breach of any provision of the Agreement within one week of receiving a notice from the Company identifying the breach and requiring the breach to be remedied; or
- becomes bankrupt or goes into liquidation or makes any assignment arrangement or composition with creditors of the Client on the happening of the event;
- ceases business; or
- fails to fully participate in the Services being offered by the Company.
7. Client’s Obligations and Warranties
During the Term, the Client warrants and agrees to:
- fully participate in the Program including meeting each of the Minimum Client Commitments (without any prompting, reminding or tracking by the Company);
- not solicit leads from participating in the Program without first obtaining express written consent by the Company;
- comply with the terms of the Agreement;
- be in regular contact with the Company;
- uphold the high values and work ethic of the Company; and
- comply with all reasonable directions of the Company.
8. Company Disclaimers
The Client acknowledges and agrees that:
- in facilitating the Program, the Company and its Affiliated Entities do not act in a capacity of providing investment advice;
- neither the Company or its Affiliated Entities hold a license by ASIC or any other government department;
- the advice provided is general in nature and past results do not necessarily indicate future performance;
- the Services are provided “as is” and may not be suitable for the purposes of the Client;
- the Company does not warrant that any information provided is current and error-free;
- no warranties are made by the Company in relation to the results that will be achieved by participation in the Program (notwithstanding the existence of the BEYOND Guarantee); and
- the Company is not qualified to and will not provide professional medical or mental health advice, to the Client. The Client should seek professional independent medical advice from a trained professional if this is required.
9. Company Disclaimers
The Client acknowledges and agrees that:
- In the event that the Client does not achieve a minimum of $150,000 in Projected Sales by the end of the Term, then the Client will be permitted to continue in the Program at no additional cost (in accordance with the below subclause (b)) if, any only if, the Client meets each of the Minimum Client Commitments during the Term (“the BEYOND Guarantee”).
- Where the BEYOND Guarantee applies, and provided that the Client is complying with all reasonable directions of the Company and fully committing to the Program, the Company will extend the Program on a monthly basis until the earlier of:
- the Client achieving $150,000 in Projected Sales; and
- 2 years from the end of the Term.
- The terms of the Agreement will continue to apply to any extension to the Term by virtue of the exercise of the BEYOND Guarantee.
- The Client agrees and acknowledges that the Company is not required to prompt, remind, track or otherwise record the Client’s completion of each of the Minimum Client Commitments. The Client is aware that they themselves have the sole obligation to keep sufficient records to demonstrate the completion of each of the Minimum Client Commitments and must provide these records to the Company where it requests that the Company invoke the BEYOND Guarantee. The Company may request further information from the Client where in the Company’s sole discretion, the information and/or evidence provided by the Client is insufficient.
- Whilst the Client retains the discretion of how and when they will meet each of the Minimum Client Commitments, the Company strongly urges the Client to act swiftly to implement the strategies taught in the Program.
The Client agrees to indemnity and hold harmless the Company and the Affiliated Entities from and against any and all Costs arising out of:
- the Client’s breach of the Agreement; or
- any act or omission, breach of statutory duty, negligence or wilful default by, or on behalf of, the Client.
11. Confidential information
In consideration of the Company providing the Client with access to Confidential In-formation, the Client agrees to:
- treat the Confidential Information as subject to a duty of confidence and to only use it for the purpose of the participating in the Program;
- not disclose any of the Confidential Information to any third party;
- take at the Client’s sole expense whatever steps the Company may consider necessary to enforce the duty of confidence against any person to whom the Confidential Information has been disclosed by the Client and who is in breach of that duty;
- securely store all material containing any Confidential Information; and
- return to the Company all material containing Confidential Information, including any copies made, upon written demand by the Company.
12. Intellectual property
- The Client acknowledges that the intellectual property in all works of the Company or their servants or agents that the Client will have access to during the Pro-gram remain at all times the sole property of the Company.
- The Company agrees to licence the right to use the materials only for the purposes of participating in the Program and only during the Term.
- The Client must not allow any third-party access to, or use of, the intellectual property.
- Any intellectual property developed by the Client during the Term relating to the Program shall be the absolute property of the Company and the Client shall do all things and sign all documents that may be necessary to vest such intellectual property in the Company.
- The Client irrevocably appoints the Company to be their attorney to do all things and sign all documents that may be necessary to vest such intellectual property in the Company.
In this clause 13:
- words and expressions which are not defined in the Agreement, but which a defined meaning in GST Law, have the same meaning as in the GST Law; and
- ‘GST Law’ has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Where the GST Law applies to the Agreement, unless otherwise expressly stat-ed, all prices or other sums payable or consideration to be provided under the Agreement are inclusive of GST.
- If GST is payable by a supplier or by the representative member for a GST group of which the supplier is a member, on any supply made under the Agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply.
- The recipient will pay the amount referred to in clause 15(c) in addition to, and at the same time that, the consideration for the supply is to be provided under the Agreement.
- Where a party is required under the Agreement to pay or reimburse an expense or cost of another party, the amount to be paid or reimbursed by the first party will be the sum of:
- the amount of the expense or cost less any input tax credits in respect of the expense or cost to which the other party, or to which the representative member for a GST group of which the other party is a member, is entitled, and
- if the payment or reimbursement is subject to GST, an amount equal to that GST.
14. Dispute resolution
If a dispute arises out of or relates to the Agreement, including any dispute as to breach or termination of the Agreement or as to any claim in tort, in equity or pursuant to any statute, neither party may commence any court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief.
- Notice specifying the nature of the dispute
- The party to the Agreement claiming that a dispute has arisen under or in relation to the Agreement must give written notice to the other party to the Agreement specifying the nature of the dispute.
- On receipt of the notice referred to in this clause by that party, both parties must endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, determination or similar techniques agreed by them.
- If the Client and the Company do not agree within 7 days of receipt of the notice, or such further period as agreed in writing by them, as to:
- the dispute resolution technique and procedures to be adopted;
- the timetable for all steps in those procedures; and
- the selection and compensation of the independent person required for such technique,
- then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the State of New South Wales.
- The president of this professional association or the president's nominee will select the mediator and determine the mediator's remuneration.
If the mediation referred to above is not completed within four weeks of reference to a mediator then either party may commence any court or arbitration proceedings relating to the dispute as they see fit.
- Associated costs
The costs of the mediation will be borne equally by the parties.
The following clauses of the Agreement shall survive the expiry or earlier termination of the Agreement:
- clause 4;
- clause 8;
- clause 10;
- clause 11; and
- clause 12.
16. No assignment
The rights and obligations under the Agreement cannot be assigned by the Client.
17. No waiver
No term or condition of the Agreement shall be deemed to have been waived, except by a statement in writing signed by the party against whom enforcement of the waiver is sought. Any written waiver shall not be deemed a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
- delivered personally; or
- posted to their address when it will be treated as having been received on the second business day after posting; or
- faxed to their facsimile number when it will be treated as received when it is transmitted; or
- sent by email to their email address when it will be treated as received when it enters the recipient’s information system.
The Agreement may be executed in any number of counterparts each of which will be an original, but such counterparts together will constitute one and the same instrument, and the date of the Agreement will be the date on which it is executed by the last party.
Each party will pay their own costs in relation to the Agreement.
Any variation to the Agreement must be in writing signed by the parties.
If any provisions of the Agreement are deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
SCHEDULE 1 – BEYOND Benefits
Exclusive benefits of the Program include (but are not limited to):
- Group Coaching Sessions for the duration of the agreement.
- Masterclasses for the duration of the agreement.
- Access to the BEYOND Facebook group for the duration of the agreement.
- Access to an online Library of BEYOND Program content (released in stages) including the ‘Zero to Hero' 6 Week Program for the duration of the agreement. You will gain access to the BEYOND online library upon signing the agreement.
- Access to all IMPACT Events held over the 15 months (locations TBD)
- Access to all BEYOND Events held over the 15 months (locations TBD). Brody Lee may elect to stack these around the Impact events.
- Ongoing support through the BEYOND Facebook group.
- Unlimited “crisis” calls.
SCHEDULE 2 – Minimum Client Commitments
- You agree to complete a minimum of one group coaching session per week hosted by Brody Lee (or his team) & any live masterclasses by his special guest hosts (i.e. dial in live, not just watch the replay) and agree to fully participate in these calls, sharing your wins, insights and challenges with the group.
- You agree to attend all Infinity Intensives & Play to Win events live that included in the program.
- You agree to implement the Beyond Roadmap and complete monthly lead generation activities based on your income bracket. If you commit to doing something at a Play to Win event, you agree to complete it before the end of that Play to Win Cycle. You agree to complete all activities as designed in our training & submit for feedback, tweaks & upgrades before and after going live with your finished product.
- You agree to maintain a minimum of 4000 friends on Facebook and use the recommended tools to refresh your friend list every month and agree to remove people who are not engaging with your posts to make way for more leads from your chosen niche. You should adding a minimum of 500 new friends each month.
- You agree to implement the Zero to Hero & Beyond Content Marketing & Sales Strategies. You should be posting on social media at least three times per week and showing up with FB/Insta/LinkedIn Lives at least once weekly on your forward facing social media profile.
- You agree to complete a minimum of 20 new chats a day with new leads from Monday-Friday totalling 100 chats per week.
- You agree to actively measure and record your conversion across chats, Speed Dates and Impact Calls and put in place mechanisms to increase your conversion. You agree to make your sales call recordings available to your coach as requested for feed-back and analysis.
- You agree to develop an ascension model. You agree to price your front end offer at $3000-$5000. You agree to charge minimum of $1000 a month for 12 months of coaching for your ascension offer. We recommend charging $2000 for your ascension program.
- You agree to complete your monthly Impact Report before the 5th of every month.
- You agree to take action and follow through on all of the commitments that you agree on during your 1:1 sessions, group coaching sessions or any other means of communication with your coach, including Facebook and/or phone. These commitments can be agreed on in writing, text, verbally, or through any other means and you agree to implement them within the timeframes suggested by your coach.
- You agree to attend all booked calls that you book with our team. If you can't make the call and you do not provide us with 24 hours notice or do not show up to the call the Beyond Guarantee is voided.
- If you are on a payment plan, then you agree to pay on time. Not paying on time will void the Beyond Guarantee.
- You agree to post all business-related questions to the BEYOND Facebook group and to use the hashtag #askbrody so that the entire community may contribute and benefit from the response provided by the Coach and his team. This means not direct messaging any of our team your business related questions.
- You agree to be an active and supportive member of your community. This means being present in our Facebook groups and contributing to your peers via the group and in your Pod.
- You agree that a “crisis” is an event which will seriously and adversely affect your business (e.g. impending legal action or some other emergency). In the event of a “crisis” you agree to adhere to the following workflow:
- You will post the question into the BEYOND Facebook group with the hashtag
#askbrody and wait for a response from the Coach or his team. You will allow the Coach an opportunity to respond publicly first, so that the entire community can benefit from the response provided. If not resolved then:
- You will ask the question in a Group Coaching call for the Coach or his team to respond to and provide support. If still not resolved then:
- You will book a RocketFUEL fuel session with a member of the Coach’s team. If still not resolved then:
- You will email firstname.lastname@example.org with the subject RED: Crisis Mode to request additional support.
- You will post the question into the BEYOND Facebook group with the hashtag
- Your commitments will begin from the date of your Beyond Lift Off Call or as you are introduced to a specific strategy throughout the program.
Beyond Impact Pty Ltd
As detailed on the Beyond Promise document signed by the client.
When Client electronically signs the Beyond Promise.
Payable in instalments as follows: