Natalie Harman - The Fellowship Formula
Terms and Conditions
1. Definitions
1.1. Access Period means the period of 12 months from the Program Commencement Date.
1.2. Company means Natalie Harman Pty Ltd (ACN 665 386 596) trading as The Fellowship Formula.
1.3. Confidential Information means all information which is disclosed to the Participant by or on behalf of the Company as part of the delivery of the Fellowship Formula Program including the Fellowship Formula Program itself, Program Materials, all workshops, programs, presentations, slides, downloadable resources, templates, ideas, systems, detail sheets, drawing diagrams, records and reports, contracts, proposals, manuals, all information relating to the business affairs, services or prospective services of the Company, and other materials of the Company of whatever kind and in whatever form, whether or not marked or designated as confidential.
1.4. Consent Form means the consent acknowledgment at the end of these Terms and Conditions.
1.5. Fellowship Formula Program means the 8-week online coaching program designed by the Company for critical care registrars sitting their primary or fellowship exams in the subsequent twelve (12) months in critical care and emergency medicine disciplines. The Fellowship Formula Program does not include any individualised guidance or support or 1:1 private sessions.
1.6. GST has the same as the meaning given to GST in the GST Law.
1.7. GST Law means A New Tax System (Goods and Services Tax) Act 1999 or any amendment, replacement or other relevant legislation and regulations.
1.8. Intellectual Property means all and any current and future rights (whether registered or unregistered) in respect of the copyright, design, trade marks, trade names, business names, trade secrets, know-how, patents, inventions, discoveries, the Fellowship Formula Program including the Fellowship Formula Program itself, and Program Materials, application for grant of any of the foregoing or other rights of a similar nature arising (or capable of arising) under statute or common in Australia and anywhere else in the world.
1.9. Participant means the person registered or enrolled in the Fellowship Formula Program.
1.10. Program Commencement Date means the date the first session or lesson is released on the Company’s nominated online delivery platform.
1.11. Program Materials includes content, lessons, downloadable resources, templates and practical tools intended to support lessons.
1.12. Registration Fee means the sum of $497.00 exclusive of GST.
1.13. Terms and Conditions means these terms and conditions of hire including any variations and additions made in accordance with these Terms and Conditions
2. Application of Terms and Conditions
2.1. These Terms and Conditions apply to the Fellowship Formula Program and to each Participant unless the Participant is otherwise notified in writing. No variation or cancellation of any of these Terms and Conditions will be binding on the Company unless agreed to by a responsible officer of the Company in writing.
3. Fellowship Formula Program
3.1. Acceptance of enrolment or registration of the Participant in the Fellowship Formula Program is at the discretion of the Company.
3.2. The Fellowship Formula Program will start on the Program Commencement Date.
3.3. The Fellowship Formula Program is delivered progressively, with a new area of focus introduced each week. Lessons are structured to build on material covered in earlier weeks. Participants are encouraged to complete the lessons in the recommended order and apply the strategies and practices presented throughout the Fellowship Formula Program.
3.4. Fellowship Formula Program is delivered in recorded form made available through the Company’s nominated online platform and/or website portal and otherwise via videoconferencing. Participants may access and complete the recorded lessons at times convenient to them during the Access Period.
3.5. To access The Fellowship Formula content, the Participant will need access to a computer, video camera, and speaker which is to be provided by the Participant at their cost. The Participant is responsible for ensuring that they have a suitable device, software and internet connection to access the Fellowship Formula Program.
3.6. The Company will schedule a live question-and-answer session each week during the active delivery period of the Fellowship Formula Program. These sessions are intended to allow Participants to:
3.6.1. ask questions about Program content;
3.6.2. identify and address difficulties in applying the Program strategies; and
3.6.3. receive general guidance and support only.
3.7. The dates, times and method of access for live sessions will be at the sole and absolute discretion of the Company and will be notified to Participants in advance. The Provider may change the date or time of a live session where reasonably necessary. Any change will be communicated to Participants as soon as reasonably practicable.
3.8. The Fellowship Formula Program includes the Program Materials which will be available to the Participant for the Access Period.
3.9. Each Participant will be assigned a mentor to provide general support with accountability, consistency and progress through the Program. Mentor allocation is determined by the Company and subject to change where the Company considers it reasonably necessary.
3.10. Participants will also receive access to an online community intended to facilitate connection, shared experience and peer accountability. When participating in the online community or live sessions, Participants must:
3.10.1. communicate respectfully and professionally;
3.10.2. respect the privacy and confidentiality of other Participants;
3.10.3. not share another person’s information or contributions without permission; and
3.10.4. comply with any reasonable community guidelines issued by the Company.
3.11. The Company may suspend or remove a Participant’s community access if, at the Company considers the Participant has or is engaging in unlawful, abusive, discriminatory, disruptive or otherwise inappropriate conduct.
3.12. Private coaching sessions outside The Fellowship Formula Program may be requested by contacting [email protected]. Private coaching will be offered at the sole and absolute discretion of the Company, is subject to availability and will incur additional fees, which will be advised upon request. Private coaching sessions are conducted via Zoom and have a duration of 50 minutes.
3.13. The Participant is responsible for:
3.13.1. engaging with the Fellowship Formula Program and completing the lessons;
3.13.2. attending live sessions where desired and reasonably practicable;
3.13.3. applying the Fellowship Formula Program strategies in a manner appropriate to their circumstances; and
3.13.4. keeping their account credentials secure and not allowing another person to access the Program through their account.
4. No Guarantee of Outcomes
4.1. The Participant acknowledges and agrees that participation in the Fellowship Formula Program does not guarantee any particular result or outcome, including:
4.1.1. passing any examination, assessment or course;
4.1.2. achieving any particular grade, score, qualification or accreditation; or
4.1.3. obtaining employment, promotion or other professional or commercial benefit.
4.2. Any examples, testimonials, estimates or statements regarding potential outcomes are illustrative only and must not be interpreted as a promise, representation or guarantee of the Participant’s results. Outcomes may depend on factors outside the Company’s control, including the Participant’s ability, attendance, effort, preparation, ability and compliance with examination or assessment requirements.
4.3. The Participant remains solely responsible for their study, preparation and participation in any examination or assessment. To the maximum extent permitted by law, the Participant releases ad forever discharges the Company and its officers, employees, contractors and agents from any claim, loss, damage, cost or liability arising from the Participant’s failure to achieve an expected or desired outcome from or as a result of participating in the Fellowship Formula Program.
5. Exclusion of Counselling Services
5.1. Fellowship Formula Program is a coaching and educational program. It is not a counselling, psychotherapy, psychological or other clinical mental health service. The Company’s may engage employees, contractors and agents to assist in the delivery of the Fellowship Formula Program and such persons may be a registered clinical counsellor, accredited clinical supervisor and performance coach. Such persons are engaging in the Fellowship Formula Program in their capacity as a performance coach and not as a clinical counsellor.
5.2. By enrolling in or participating in the Fellowship Formula Program, the Participant acknowledges and agrees that:
5.2.1. the Participant is entering into a coaching relationship;
participation in the Fellowship Formula Program does not establish a counsellor–client or other clinical relationship between
5.2.2. the Participant and any employee, contractor or agent of the Company; and
5.2.3. the Program is not a substitute for medical, psychological, psychiatric, counselling or other clinical care.
5.3. If, during the Fellowship Formula Program, matters arise that the Company reasonably considers to be outside the scope of the coaching and educational program relationship, the Company may:
5.3.1. explain that those matters cannot appropriately be addressed through the Fellowship Formula Program;
5.3.2. recommend that the Participant consult their general practitioner or another suitably qualified health professional; and
5.3.3. recommend that the Participant obtain a referral to an appropriate clinician or support service.
5.4. Any recommendation or referral made under clause 5.3 does not create a clinical relationship between the Company, its employees, contractors or agents and the Participant.
6. Termination or Suspension of Enrolment
6.1. The Company reserves the right to terminate or suspend the enrolment of a Participant in the Fellowship Formula Program and cease providing such services to the Participant where it holds genuine bona fide concerns for the Participants wellbeing. In such circumstances, the Company will provide a pro-rata refund of the Registration Fee for any part of the Fellowship Formula Program the Participant did not complete. The Company will not be liable to the Participant for any loss or damage suffered by the Participant, including with respect to any direct or indirect or consequential loss or damage as a result of such unenrolment.
6.2. The Company may terminate the or suspend the enrolment of a Participant in the Fellowship Formula Program and cease providing such services to the Participant if the Participant breaches these Terms and Conditions.
7. Registration Fee
7.1. In consideration for participation in the Fellowship Formula Program including access to the Program Materials, the Participant must pay the Company the Registration Fee.
7.2. The Registration Fee must be paid simultaneously with the submission of the Consent Form.
7.3. In the event the Participant’s application to participate in the Fellowship Formula Program is not accepted, the Registration Fee will be refunded in full.
8. Cancellation and Refund Policy
8.1. A Participant may cancel their registration in the Fellowship Formula Program by giving the Company written notice more than 14 days before the Program Commencement Date and the Participant will receive a full refund of the Registration Fee paid, less a $50.00 administration fee which the Participant authorises the Company to retain.
8.2. No refund will be provided for a cancellation made 14 days or less before the Program Commencement Date or after Program Commencement Date unless agreed by the Company in writing.
8.3. The Participant will not be liable for any refund if the Participant’s enrolment in the Fellowship Formula Program is terminated by the Company in accordance with clause 6.2
8.4. Notwithstanding this clause 6, a Participant may be entitled to a refund if the Company terminates their registration in the Fellowship Formula due to wellbeing concerns in accordance with clause 6.1.
8.5. This clause does not limit any rights or remedies that cannot be excluded under the Australian Consumer Law.
9. Intellectual Property
9.1. The Participant acknowledges and agrees that the Intellectual Property is and remains the absolute property of the Company.
9.2. The Fellowship Program and all Program Materials are provided for the Participant’s personal use only. A Participant must not copy, reproduce, distribute, publish, sell, sublicense or otherwise make the Program Materials available to another person without the Company’s prior written consent, except as permitted by law.
9.3. The Participant indemnifies the Company against any loss, liability, damage, claim, cost or expense (including legal costs on an indemnity basis) arising from or in connection with the Participant’s unauthorised use, copying, reproduction, modification, publication, distribution, sale or disclosure of the Company’s intellectual property, or any other breach by the Participant of the intellectual property provisions of these Terms and Conditions.
9.4. The obligations in this clause 7 survive completion of the Fellowship Formula Program and the Access Period.
10. Confidentiality
10.1. The Participant acknowledges that the Confidential Information is valuable proprietary asset of the Company. The Participant must keep confidential and must not disclose the Confidential Information.
10.2. These restrictions do not apply to:
10.2.1. information that is used or disclosed with the Company’s prior written consent which may be withheld at is absolute discretion; or
10.2.2. information that is required by law or binding order of a court to be disclosed; or
10.2.3. information that is in the public domain, other than through the Participant’s breach of these Terms and Conditions.
10.3. The obligations in this clause 8 survive completion of the Fellowship Formula Program and the Access Period.
11. Privacy Act
11.1. The Company collects, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
11.2. The Company will handle personal information and sensitive information in accordance with its privacy policy, available on its website (Privacy Policy). The Privacy Policy explains, among other matters, the types of personal information the Company collects, how that information is collected, held, used and disclosed, whether it is likely to be disclosed outside Australia, and how an individual may access or correct their personal information or make a privacy complaint.
11.3. By providing personal information to [the Company as part of the Fellowship Formula Program, the Participant acknowledges that the information will be handled as described in the Privacy Policy and as otherwise permitted or required by applicable law.
11.4. The Company may amend the Privacy Policy from time to time by publishing an updated version on its website. Any amendment will take effect from the date specified in the updated Privacy Policy, subject to applicable law.
12. GST
12.1. Words used in this Clause 10 that have a defined meaning in the GST Law have the same meaning as in the GST Law unless the context indicates otherwise.
12.2. Where a party provides a supply of goods or services, these will be subject to any GST imposed or chargeable in relation to that service or supply of goods in accordance with the GST Act.
12.3. The Registration Fee (being the consideration for the supply) is exclusive of GST and GST will be charged in addition to the Registration Fee.
13. Miscellaneous
13.1. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2. The Company may license or sub-contract all or any part of its rights and obligations without the Participant’s consent. The Participant is not permitted to assign, transfer, licence, sub-contract or otherwise deal with its rights and obligations.
13.3. Neither the Company or Participant shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of that party.
13.4. The failure by any party to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect any Parties right to subsequently enforce that provision.
13.5. These Terms and Conditions may only be varied or replaced in written document or deed and duly executed by the Company and Participant.
13.6. This Deed is governed by and is to be construed in accordance with the laws applicable in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of New South Wales and any Courts which have jurisdiction to hear appeals from any of those Courts.
I have read and understood these Terms and Conditions and have discussed any outstanding questions with the Company.
I agree to be bound by these Terms and Conditions and to participate in the Fellowship Formula Program.