These terms and conditions govern your purchase of and attendance at the event. It is your responsibility to review these terms and conditions prior to the purchase. By purchasing, you agree to be bound by these terms. We reserve the right to amend these terms at any time and will provide the most recent version on our website which can be found at www.tonibache.com (website).

Travel and your health

We are so happy to welcome you at our event. However, we want to ensure that you and our other clients all stay safe and well. If you are unsure about whether to travel, or do feel unwell, it’s best to discuss your upcoming travel plans with your own health professional or state health department. 

If travel restrictions occur during the event, we ask that you take responsibility for your ongoing travel arrangements and/or any testing or quarantine deemed necessary by the area or state in which you reside or are travelling to.

Clients requiring medication, pharmaceuticals or an EpiPen are responsible for bringing, maintaining and using these as per the advice of their medical practitioner or chemist.

 

1. Introduction

Please read this document before you accept it. It is a legal contract.

If anything is unclear, please ask before you accept. You have the right to obtain independent legal advice on this document before you proceed.

These Event Terms and Conditions (Terms) are between Michoni Pty Ltd (ABN 82 631 090 563) its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.

 

2. Definitions and Interpretation

The following words have these meanings in this Event Agreement:

Event means any gathering formally or informally organised by us for the purposes of facilitating the business and/or personal discussions;

GST means goods and services tax or similar value added tax levied or imposed in Australia pursuant to the GST Act or otherwise on a supply;

GST Act means a New Tax System (Goods and Trading Tax) Act 1999 or any amending or replacement legislation;

Intellectual Property Rights means all statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, methods, database rights and all other intellectual property rights;

 

3. Purchases

(a) Travel/Medical Insurance

Event participants must obtain comprehensive travel insurance or have medical insurance to attend our event including, but not limited to, cover for (overseas) medical expenses, evacuation charges, trip cancellations and force majeure events.

We highly recommend you take out travel insurance when booking an overnight event in Australia or overseas.

COVID-19: Please note we are unable to offer a refund if you cannot join the event due to having to isolate being a close Covid-19 contact with a friend or family member. We cannot offer a refund if you contract Covid-19 yourself and are unable to join the event. We highly recommend you purchase travel insurance for any Covid-19 related cancellations or delays.

 

(b) Extras

Any services not included in the event package are the sole responsibility of the event participant and have to be paid for by the participant, in the local currency of the event destination.

 

(c) Force Majeure

We will not be liable for cancellation, failure of, or delay in performing our obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, epidemic or pandemic) or if certain conditions present unacceptable danger to the participant.

 

4. Prices and Schedules/Itineraries

Prices and Schedules/Itineraries as shown on the website are subject to change. We reserve the right to change event prices, or prices of individual add-on components, without prior notice. Existing bookings that have been paid for in full, or for which a deposit has been paid, will keep their original price as per the invoice.

We reserve the right to change our original event program and schedule, or individual services due to extraordinary circumstances s (e.g. external forces, governmental regulations, delays of third parties, weather and oceanic conditions, etc.). Event schedules and itineraries, including any activities and workshops included, can change at any time without notice.

 

5. Participation

You acknowledge that you voluntarily take part in any event, day trip or local event, and in any activities, classes and excursions arranged by us, event venues, organisers or third-party hosts, and insofar as legally permissible, waive your right to hold any of the organisers responsible for any loss or damage to person or property that occurs during our events.

Participants must notify us of any dietary restrictions and allergies at the time of booking. Please note: as we work with various venues and suppliers, we might not be able to cater to all food restrictions.

Your participation in all activities is purely voluntary, and you expressly agree to assume the risk of injury or damage while participating in all activities during your event and are not grounds for a refund or discount.

 

6. Payment

(a) Payment Terms

(i) All invoices and payments are made in AUD$ unless otherwise mutually agreed.

(ii) You will be charged GST when required by the GST Act. All prices mentioned within your proposal are inclusive of GST.

(iii) Payment method accepted:

Credit card (via Stripe)

(iv) If you have entered into a Payment Plan but fail to make full payment within 30 days of the Event start date, we have the discretion to cancel your reservation and withhold a non-refundable portion of the payment to cover our costs.

(v) If the event is booked within 30 days of the start date, you are required to pay the full amount at the time of booking.

 

7. Refunds, Credits and Transfers

All event sales and bookings are final and no exchange, credit or refund will be given. For avoidance of doubt, no refund or credit will be provided for change of mind or if you did not enjoy the event, arrive late, or are unable to attend the event. Reservations are non-transferrable.

 

8. Coaching

(a) Coaching Content and Structure

(i) Coaching sessions and content will vary greatly depending on your business, needs, goals, desired outcomes, priorities, budget and other factors.

(ii) Please note that as part of our coaching, we do not consult, advise or discuss:

a) Legal advice: We are not qualified to provide legal advice, as such we will not provide you with any legal advice on any matter discussed during our event. We recommend you seek independent legal advice during the set up and running of your business.

b) Financial advice: We are not qualified to provide financial advice, as such we will not provide you with any financial advice on any matter discussed during our event. We recommend you seek independent financial advice from an accountant, financial planner or financial advisor during the set up and running of your business.

 

(b) Audio-Visual Recordings

(i) By accepting this proposal, you are agreeing to us recording and/or photographing the event.

(ii) You may not record the event using your own device without prior consent.

(iii) Images, clips and other material may be recorded and published with your permission. Confidential information will never be shared.

(iv) Snippets or excerpts of the recording in its entirety may be used for promotional reasons on platforms, social media and our website. Recordings may also be used if required for legal reasons and shared with our legal advisers.

(v) If sharing with others we will remove or alter any identifying personal details to preserve your identity if required. We are very conscious of your IP, and will take all reasonable efforts to maintain confidentiality and discretion.

 

9. Coaching Responsibilities

(a) Obligations

(i) You have full responsibility for taking notes, completing ‘homework’ or agreed actions and recording any details we discuss for future use.

(ii) Sometimes, we will also provide you with workbooks, templates, workflows, lists, notes, video and audio recordings. Anything handed to you, sent via email, direct message or any other way remains our Intellectual Property and may not be shared under any circumstance.

(iii) We will provide coaching in a diligent way, uphold your and our integrity and work with you to find solutions that are aligned to you, your business and your goals.

(iv) We are responsible for communicating openly, honestly and giving you feedback, suggestions and advice based on our knowledge and opinion. We will also try to offer resources, tools and connections to other people that we think would benefit you in your current or future circumstances.

 

(b) Occupational Health and Safety

(i) Should any sessions or events be held in person at our home, in a public space or at a hired venue and you agree to follow all appropriate OH&S procedures.

(ii) We are committed to providing a safe, supportive and equal environment for ourselves, our team and our clients.

 

(c) Insurance

(i) We maintain Professional Indemnity and Public Liability business insurance at all times.

 

10. Client Responsibilities

(a) Obligations

(i) What we require from our clients:

An attitude of open-mindedness, honesty, open communication and perseverance.

Commitment to complete any initial and/or ongoing work as agreed.

(ii) Responsibility of Valuables

Upon arrival at the event, your valuable items remain the responsibility of you. We advise that the owner, the management and/or the staff will not be held responsible for any breakage, loss or theft of these personal items.

 

(b) Indemnity

(i) It is our intention to teach you strategies, tools and systems that work for you and your business.

(ii) You take full responsibility for your actions and hold us blameless for anything that might go wrong while you are using the tools and methods we have taught you. We do not accept any responsibility for the technical tools, apps and programs we may suggest and teach at our events and we don’t take any responsibility for your security, confidentiality or legal compliance.

(iii) You are responsible for implementation, ongoing improvement and quality assurance of any internal or external tangible or intangible parts of your business.

 

(c) Resources

(i) For our events, you will require a tablet, phone or laptop.

(ii) You will need an efficient way to take notes and notate homework and agreed actions.

(iii) You are solely responsible for making travel and transfer arrangements for the events, unless otherwise notified in writing in advance.

 

11. Disclaimer

(a) Important Information

(i) Coaching is intended to teach you how to plan, organise, automate, outsource and move forward. It is not a substitute for financial, legal or personal advice or counselling and cannot be used for any other purpose.

(ii) We endeavour to fulfil our responsibilities by giving you open and honest feedback and information, by being completely transparent in my skills, ability, confidence and competence and to let you know if we are feeling ‘out of our depth’. We will try to find resources and other experts to refer you to if needed and will listen to your concerns, fears and feedback.

(iii) Some precautions and considerations you may need to take to ensure your own suitability and safety are:

a) Ask for help and expert advice for personal matters if needed.

b) Take care when arriving at and leaving from venues.

c) Be careful of your step (watch for cords and obstructions).

d) Be aware of allergies (food, pets etc.).

e) Give honest information.

(iv) You are responsible for your own wellbeing and safety at all times. Please inform us if you feel, at any time, unable to participate fully, or if you feel that you may be at risk.

(v) Coaching is not therapy or substitute for therapy.

(vi) At times before and throughout our sessions, we may advise you to consult a legal or financial professional or other expert before making certain decisions. You are solely responsible for following through with this advice, for the selection of an appropriate professional, and for implementing any suggestions that they may make.

 

(b) Limitations

(i) We are not lawyers, organisational psychologists, financial planner, or counsellors. We recommend you seek professional advice and / or notify us as soon as practicable if you have any concerns or difficulties with changes, tools and plans we discuss.

 

12. Intellectual Property

(a) Our Confidential Information

(i) Often, we will provide you with access to information in relation to our business, our business systems/operations, case studies, our IP and back-of-house operations that are not publicly available. We may also disclose information about our clients that are confidential.

(ii) You must not discuss or disclose this confidential information to anyone.

(iii) This agreement must be treated as confidential and must not be replicated or reused in whole or part by you for any reason.

 

(b) Your Confidential Information

(i) Before and throughout the event, you may share with us personal and confidential information about you and your business.

(ii) This may include, but is not limited to

• Birth dates
• Financial details
• Health details
• Business goals and current state
• Access or view of apps and tools (such as planning tools, note-taking, website)
• Databases for clients (CRM)
• Email Management tools

(iii) This information will be used by us solely for providing personalised coaching services to you and maintaining our client database.

(iv) This information is securely stored in a computer with a password and in programs such as Airtable, Google Drive or other secure virtual storage programs and apps.

(v) We don’t store information unnecessarily. If you need to share a password protected tools or app with us, this should be done via LastPass and access revoked by you as soon as we no longer need access, once we’ve finished with that work.

(vi) One of our highest values is integrity and as such, we will maintain all confidential information about you and your business in strictest confidence.

 

(c) Age of Clients

(i) All clients must be 18 years or over, or have parental consent and support.

 

(d) Team Confidentiality

(i) From time to time, we may have members of our team including sub-contractors carrying out tasks for us related to our coaching.

(ii) These team members may have limited access to some of your information. However, access to our clients’ details is purely on a need-to-know basis and our team are bound by a confidentiality agreement.

 

(e) Copyright

(i) We may provide you with manuals, templates, workbooks, and workflows to assist in your business or personal life. We retain copyright of all of these documents at all times and they are not to be copied, distributed or shared with anyone, under any circumstances.

 

13. Non-Disclosure

It is requested and agreed that any and all confidential material and information which may be disclosed between us be kept confidential. Therefore, it is agreed as follows:

 

(a) Confidential Information

The term “Confidential Information” means any information or material which is proprietary to us, whether or not owned or developed by us, which is not generally known other than by us, and which you may obtain through any direct or indirect contact.

Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by us concerning the business, technology, and information of ours and any third party with which we engage, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, examples of client work/results and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.

Confidential information does not include:

• matters of public knowledge that result from disclosure by us;
• information rightfully received by you from a third party without a duty of confidentiality;
• information independently developed by you;
• information disclosed by operation of law;
• information disclosed by you with the prior written consent of us;
• and any other information that we both agree in writing is not confidential

 

(b) Protection of Confidential Information

You understand and acknowledge that the Confidential Information has been developed or obtained by us by the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of ours which provides us with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by you of the Confidential Information, you agree as follows:

(i) No Disclosure: You will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of us.

(ii) No Copying/Modifying: You will not copy or modify any Confidential Information without the prior written consent of us.

(iii) Unauthorised Use: You shall promptly advise us if you become aware of any possible unauthorised disclosure or use of the Confidential Information.

(iv) Application to Employees: You shall not disclose any Confidential Information to any employees of yours, except those employees who are required to have the Confidential Information in order to perform their duties in connection with the limited purposes of this agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this agreement at our request.

 

(c) No Warranty

You acknowledge and agree that the Confidential Information is provided on an “AS IS” basis.

We make no warranties, express or implied, with respect to the confidential information and hereby expressly disclaim any and all implied warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any direct, indirect, special, or consequential damages in connection with or arising out of the performance or use of any portion of the confidential information.

We do not represent or warrant that any product or business plans disclosed to you will be marketed or carried out as disclosed, or at all. Any actions taken by you in response to the disclosure of the Confidential Information shall be solely at your own risk.

 

(d) Limited Licence to Use

You shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You acknowledge that the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of ours, even if suggestions, comments, and/or ideas made by you are incorporated into the Confidential Information or related materials during the period of this agreement.

 

(e) Indemnity

Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable legal fees, costs, and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this agreement.

 

(f) Term

The obligations of this agreement shall survive two (2) years from the effective date or until we send you written notice releasing you from this agreement. After that, you must continue to protect the Confidential Information that was received during the term of this agreement from unauthorised use or disclosure for an additional two (2) years.

 

(g) General Provisions

This agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Queensland.

This agreement shall not be assignable by either party. Neither party may delegate its duties under this agreement without the prior written consent of the other party.

The confidentiality provisions of this agreement shall remain in full force and effect at all times in accordance with the terms of this agreement. If any provision of this agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this agreement.

The headings in this agreement are provided for convenience and are to be excluded in an instance of ambiguity.

 

14. Dispute Resolution

(a) Negotiation

(i) If either of party have any concerns arising out of this Agreement or your participation in the event, we agree that we shall communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion.

(ii) All information exchanged during this meeting, or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by us and our representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

 

(b) Alternative Dispute Resolution

(i) If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator.

(ii) The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the President of the Queensland Law Society, or the President’s designated representative.

(iii) We agree to share the costs of mediation equally between us.

 

(c) Litigation

(i) It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief that we have first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

 

(d) Mutual Non-Disparagement

(i) We each agree that we shall not publicly or privately disparage each other or each other’s agents, servants or employees, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s business and/or personal interests.

 

15. Limitation of Liability

(i) In no event shall we be liable to you for costs, loss, injury or damage to you, your business or your belongings that is not directly attributable to our negligence or that of our team, agents or contractors.

(ii) You agree that your participation in the event, including all activities, accommodation and travel associated with the event, is entirely voluntary. You expressly agree to accept all risk of injury and/or damage that may arise from your participation.

(iii) You expressly agree that if this clause is unenforceable for any reason, our total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to us under clause 6(a)(i). You acknowledge that you have done your due diligence with regards to choosing us as your business coach such as having discussions to feel comfortable in our experience and/or spent a satisfactory amount of time reviewing our work or past client feedback. You therefore understand that every client experience is different, and coaching is a subjective service. As such, dissatisfaction with your coaching experience is not a valid reason for termination of this agreement or request of any monies returned. Therefore, events are non-refundable and you waive any right to chargeback your purchase with your credit card or payment provider.

 

16. General Provisions

(a) Jurisdiction

The validity, interpretation and performance of this Coaching Agreement will be governed by the law of Queensland, Australia.

 

(b) Whole Agreement

This event agreement comprises the whole agreement between the parties concerning the event and replaces any prior agreement, arrangement or understanding regarding the event.

 

(c) Variation

Any variation to this Event Agreement must be in writing and signed by the Client and an authorised representative of Michoni Pty Ltd.

 

(d) Survival of clauses

Clauses 6, 11, 12, 13, 14 and 15 are essential terms of this Event Agreement and survive the termination of the Agreement for any reason. Intellectual Property, dispute resolution and limitation of liability all continue after this contract has ended and will continue indefinitely.

 

(e) Severability

If any part of this Coaching Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Event Agreement.

 

(f) Counterparts

This Event Agreement may be signed in any number of copies. All signed identical copies, taken together, constitute one Agreement. A party may execute this agreement by signing any identical copy.

 

18. Signing this contract

(a) Signatures

This agreement is available digitally and you can download and save a PDF copy. You are deemed to accept this contract by continuing with payment for the event.