WORKSHOP TERMS AND CONDITIONS

This page sets out the standard terms by which Revolutionaries of Wellbeing Group Ltd (ROW) undertakes speaking engagements, workshop presentations or similar services.

This page:

  • Explains what you can expect from ROW, as the Supplier, and what you, as the Customer, agree to when you engage our services.
  • Applies to any current work and to any future work we do for you of a similar nature.

 

IT IS AGREED as follows:-

 

1. INTERPRETATION

Definitions

In this Agreement unless the context otherwise requires:

“Proposal”: means a Proposal document or Quote for Service, or other such written documentation such as an email.

“Commencement Date”: means the start date for the Services, as set out in the Proposal;

“Confidential Information”: means all information or data disclosed by or on behalf of a Party (in whatever medium including in written, oral, visual or electronic form) including, but not limited to, all business, financial, commercial, technical, operational, organisational, legal, management and marketing information;

“Fees”: The Supplier’s fees (investment) for the Speaking Engagement as set out in the Proposal;

“Control”: means the ability alone or with others to require compliance, whether as a result of shareholding, contract or otherwise;

“GST”: means goods and services tax.

“Intellectual Property”: means all inventions, patents, models, designs, database rights, copyright and trade marks (both registered and unregistered), together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature;

“Parties”: means the Customer and the Supplier collectively, and “Party” means either of them and their permitted assignees;

“Records”: means records or embodiments of Confidential Information (or any further information derived from the Confidential Information) including but not limited to any document, electronic file, note, extract, analysis, model, prototype or other representation or means of recording or recovering information; and

“Speaking Engagement”: means the services described in the Proposal.

 

2. TERM

This agreement will come into effect on the Commencement Date, as in the Proposal, and shall remain in force unless and it is terminated by either Party in accordance with the provisions hereof.

 

3. PROPOSAL

3.1     Every time the Customer engages the Supplier to deliver a Speaking Engagement (including but not limited to coaching sessions, workshops, presentations or seminars), the Supplier will provide the Customer with a Proposal.  The Proposal will outline:

  • the nature of the work the Supplier will deliver;
  • the fees payable for the work;
  • the timeframe for completion of the work.

3.2     Agreement to the terms by the Customer must be made before the Supplier will commence work.

3.3     In the first instance, agreement to the terms can be confirmed by completing the form on this page (https://rowwellbeing.com/workshop-terms/).

3.4     The Proposal may be provided in digital form (i.e. an email), in which case a written response from the Customer confirming agreement to the proposal shall be deemed to be acceptance.

 

4. Service and Conduct

The Supplier shall exercise reasonable care, skill and diligence, using suitability skilled, experienced and qualified staff.

 

5. Fees and Expenses

5.1     The fees payable by the Customer are set out in the Proposal.

5.2     Unless otherwise stated in the Proposal, the Supplier’s fees do not include GST or general expenses and disbursements, which are payable by the Customer.

5.3     Additional expenses associated with the Proposal (such as printing and photocopying costs or travel and accommodation costs) will be payable by the Customer. These will be included separately in the final invoice.

5.4     For most Speaking Engagements, a non-refundable 50% deposit is payable by the Customer on booking for the booking and date to be secured. A final invoice will be issued following the Speaking Engagement, which will include the balance owing and any disbursements or expenses (as per clause 5.3). Separate invoicing arrangements are available by mutual agreement for Customers that book a series of Speaking Engagements at once.

5.5      Invoices are payable within 7 days of the date of invoice.

5.6     Interest may be charged on unpaid invoices at the rate of 4% per annum above the ANZ base lending rate calculated on a daily basis and charged monthly.  The Supplier reserves the right to take action to recover unpaid invoices and charge the Customer the cost of that recovery.

 

6. Cancellations and Changes

The Supplier reserves the right to charge for events (including but not limited to coaching sessions, workshops, presentations or seminars) cancelled or changed by the Customer.

6.1      As per clause 5.4, deposits paid to secure a Speaking Engagement are non-refundable.

6.2     Cancellations within 30 days of a Speaking Engagement attract a cancellation fee of 50% of the remaining balance.

6.3     Date changes requested by the Customer may be accommodated by mutual agreement. However, where the Parties cannot agree on a replacement date, the Customer will have been deemed to have cancelled the date.

6.4     In the event of a Customer cancellation, the Customer will be liable for the full cost of any expenses incurred by the Supplier for cancellation of travel and accommodation costs.

6.5     Format changes (i.e. between a virtual session and an in-person session) can be made at no charge, except for the expenses and disbursements as mentioned in clause 5.3.

6.6      In the event that the Supplier cancels a Speaking Engagement, the full value of the Fee shall be refunded. In the event of cancellation by the Supplier, the Customer’s remedy is limited to the Fee. No other costs will be refunded.

 

7. Intellectual Property

7.1     Unless the Supplier agrees otherwise, the Supplier retains ownership of all documents and other intellectual property created by the Supplier and used in the delivery of the Speaking Engagement.

7.2     No audio or visual recordings or rebroadcasting of the Speaking Engagement may be made without the Supplier’s prior written consent. Consent must be obtained before the Speaking Engagement in writing and may be withheld at the Supplier’s sole discretion. Any audio or visual recordings and rebroadcasting rights will be on a non-exclusive basis and additional fees will apply.

 

8. Confidentiality

Each Party agrees that, unless it has the prior written consent of the other Party, it will:

  • keep confidential at all times the confidential information of the other Party; and
  • ensure that any personnel or professional advisor to whom a Party discloses other Party’s confidential information are aware of, and comply with, the provisions of this clause.

 

9. Disputes

In the event of any dispute or difference between the Parties concerning this agreement the Parties shall in the first instance use all reasonable endeavours to resolve between themselves the dispute. If they are unable to do so within 14 days, either Party may require the matter to be submitted to a mediator appointed by the Parties (or failing agreement, to be appointed by Arbitrators’ and Mediators’ Institute of New Zealand), such mediation to be conducted in accordance with the principles established by Lawyers Engaged in Alternative Dispute Resolution (LEADR). Any costs of a mediator shall be met equally by the Parties.

 

10. Force Majeure

In the event that either Party is unable, due to circumstances beyond its reasonable control, to perform any of its obligations under this agreement, this agreement may be suspended at the option of either Party until circumstances have ceased to have effect. The Parties undertake to give reasonable notice in writing of their intention to suspend their obligations under this agreement. In the event that the suspension of this agreement continues for a period which either Party considers unreasonable, then either Party may give seven days’ written notice of termination of this agreement. In the event that the circumstances that gave rise to the suspension cease to have effect during the period of the notice, then the operation of the agreement shall resume and the notice shall lapse.

 

11. Law and Jurisdiction

The Parties’ relationship is governed by New Zealand law and is subject to the exclusive jurisdiction of the New Zealand courts.

-ends-

Last updated: 2 June 2023. 

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