Seeking Balance Client Agreement

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Thank you for your interest in my program. This document is important because it sets out the agreement about how we will work together. By ‘we’ I mean Seeking Balance International Pty Ltd (ACN 624 386 394) atf the Seeking Balance International Discretionary Trust (“SBI”, “SBA”, “us”, “we”, “our”) and you, my client (“you” “Clients”). Please read this document carefully because by ticking the box and proceeding with your purchase, you are agreeing that you accept it.

The 12-month Mentoring Program

This program is designed to offer you skills, tools and strategies based on the principles of mindfulness and neuroplasticity. These skills are designed to assist people with unwanted feelings or sensations and may be used in your personal or professional life. We will work together so that you can learn how to implement this into your daily life and translate this into your workplace. This includes twelve months of support up to twenty one-hour video sessions as well as six modules of the online program Rock Steady.

Responsibilities and Expectations

We will support you by providing you with knowledge, tools and strategies to use neuroplasticity and assist you while you implement new changes in your life and clinic. The outcome of the program really depends upon your level of participation. Ultimately Clients are responsible for implementing the strategies recommended by SBA.

We can in no way predict your future outcomes or make any promises of how you will feel or how you will use these tools at the end of this program.   We will support you as best we can every step of the way.  Ideally you will feel confident with the neuroplasticity process for managing unwanted feelings and symptoms to the point that you can implement it ongoing in your life and utilise these tools with your professional clinic.

Client’s responsibilities and expectations:

  • The Client must attend all sessions on time;
  • Be honest and forthright in sessions;
  • Be prepared to discuss feedback on your experiences and any recommended changes;
  • Follow through with implementing changes suggested during a session;
  • Undertake the six Rock Steady Modules;
  • Turn off all distractions during a session and ensure that you are in a space where you are comfortable to have the discussion and free to move around;
  • Notify SBA immediately if you have any questions or concerns directly and not discuss any concerns or grievances to third parties.

SBA’s responsibilities and expectations:

  • Joey will attend all sessions on time to the best of her ability;
  • You will be given full attention during each session;
  • Joey will collaborate with you to develop customized exercises in response to your experiences, desired goals and feedback;
  • Joey will provide you with strategies and support to implement change in your life to improve the management or perception of your symptoms;
  • SBA will use our best efforts to respond to your queries within 48 hours. Joey will notify you if she is on leave or away from interest access for any length of time.  

 

Sessions

  • Sessions are available from 9.00am to 6.00pm AEST Monday through Friday. If you’re in the Northern Hemisphere, let me know and we’ll find a time that works for both of us.
  • All mentoring sessions take place over the phone or Zoom video call. We will use my Zoom Room, which offers many options for connecting via local dial-in access in may countries around the world or direct from your computer.
  • I recommend calling in from somewhere quiet, private, and comfortable, and using a hands-free headset for the call.
  • I will provide you with email support and feedback during the 24 weeks. You can contact me at any time with questions through email. I will aim to respond within 48-hours, however if this is not possible I will notify you in advance.
  • You can record our sessions on your computer so that you can revisit them for support as you need. This service is complimentary.

Rescheduling and cancelling

The program is designed to be undertaken in 48 weeks. If you need to take a break, we can extend the program for up to a maximum of 52 weeks (12 months). If you must cancel an appointment, please let me know at least 96 hours (4 days) in advance. This time is being held for you so if you miss an appointment or do not notify me within the cancellation period, you will forfeit that session. My booking system allows you to select an appointment that suits us both, if I am taking any significant time away that will impact you, I will notify you in advance.

Rock Steady Modules

The Rock Steady Modules are designed for you to undertake at your own pace, however it is the intention that you undertake these modules while working with SBA. Each Module contains a 40-minute audio, short videos, mindfulness exercises and module notes for recording your achievements. You will have access to the lifetime of the Rock Steady tool kit.

Your Investment and Payment Terms

You acknowledge that you are financially willing and able to invest in this service by choice, and that by doing so, you are not incurring any economic hardship in any way. You understand that by registering for this service, you are committing to make the agreed payments and pay the total price (either one-time payment or a monthly payment plan).

SBA offers Clients a reduced fee for payments that are made in full upfront. Alternatively, payment may be made by four equal monthly instalments. By entering an instalment plan you are authorizing SBA to arrange a transfer of funds from your nominated credit card in four equal monthly instalments, commencing with your first payment. You agree that there will be sufficient clear funds available in your nominated account on the scheduled instalment date. If your payment is declined you agree to pay SBA any fees that it is charged because of your missed payment. If a payment is declined you will automatically be disabled from access to your Rock Steady Online Tool-Kit. Upon successful payment, you will receive access once more to The Rock Steady Program.

Refunds

Refunds will not be provided for a change of mind, so please take some time to familiarize yourself with my work before you make the investment.

Privacy

Your Privacy is important to me. I acknowledge that during our sessions you will disclose health and other personal information to me. I will not use your information for my own benefit or share your information with any third party outside of our sessions unless:

  • they work with me and have a legitimate reason to know that information; or
  • as required by law; or
  • you have given me prior written consent.

This extends so that I will not divulge that you have enrolled in my program, which you of course, are free to discuss.

Intellectual Property

I am happy to give you access to the program content for your personal use under a single user license. This means that you must not share, copy, re-publish, edit or sell any of SBA’s content for business or commercial use, or in any way without my prior consent.

The content in the SBA program is owned by Joanna Remenyi (Joey).  Joey grants you a non-exclusive, revocable, perpetual licence to use the program content for your personal use to improve your wellbeing.  This licence cannot be sub-licensed, sold or given to any other person.  Your payment for this licence has been included in the program fees.

You acknowledge that Joey is the absolute owner of the copyright and intellectual property and that all such rights remain with Joey.  You must not alter, remove or obscure any copyright, trademark or proprietary mark in the program content.

Joey represents and warrants to you that she has the right to grant this licence in the program content, and that your use of the program content for your personal use, will not infringe on the rights of any third party.

You may only use the program content during the period of the licence, for your personal use to improve your wellbeing.  This is essential and this obligation continues after your participation in the program has ceased.

You must not sell, publish, reproduce, distribute or share copies of the program content including in electronic form.  You also must not treat the program content in any way that is prejudicial to Joey’s reputation or that infringes on Joey’s moral rights.

You agree to indemnify and hold Joey harmless and keep Joey indemnified against any loss, claim, action, judgment, expense or damage of any kind that Joey might suffer as a result of your use (including unauthorised use) of the program content in breach of this licence.

Copyright Notice:

Joey Remenyi is the owner of the copyright in the content on this website. The material on this website is protected by copyright under the Copyright Act (Cth) 1968.  To the extent permitted by law, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of Joey Remenyi.  If you wish to use any content from this website you must seek Joey Remenyi’s permission and fair payment may be requested.  Joey Remenyi may receive compensation for the use of any of the content on this site by educational institutions and governments.

This notice may change from time to time and you should re-visit this page before using any content from this site.

Personal Responsibility Disclaimer and Release of claims

You understand that you are responsible for your own level of participation within the program, and the results that follow. You acknowledge that you assume all risks related to your use, non-use or misuse of the program content.

Disclaimer

I have the appropriate qualifications to deliver the program to you, and the program has developed with the intention of assisting you. This is an educational and support program, being provided to you to assist you develop skills and tools for implementation in your life. Individuals have different responses and results will vary between participants. SBA does not guarantee any specific outcome and especially does not guarantee that symptoms will be ‘cured’. Nothing in this Program is intended to be considered medical or mental health advice and you should always consult a specialist before making changes that impact your health or your client’s health.

Limitation of Liability, Indemnification, and Release of Claims

You agree that I will not be held responsible in any way for the information that you receive through this Program and my services. You agree that you fully and completely hold me harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, and program materials, to the extent permitted by applicable law.

General

This document forms the entire Agreement between SBA and you and can only be changed by agreement between us, as recorded in writing. This Agreement should be construed in accordance with the laws of Victoria, Australia. If any clause of this Agreement is deemed void or unenforceable then it will be removed from the Agreement to the extent of the invalidity and the rest of the clauses will remain.

Rock Steady Program License Agreement

Thank you for your interest in becoming a “Cool Calm Professional” (“CCP”) by undertaking my 12-week Rock Steady Program which is available through the website www.seekingbalance.com.au (“the Program”). The Program is designed to assist people to manage certain conditions including (but not limited to) vertigo, dizziness, imbalance and tinnitus. The Program contains a generous amount of content and CCP’s will have access to worksheets, videos, techniques and methods created by me.

It is my intention for CCP’s to freely adopt and use the skills learned in the Program as you see fit. The purpose of this document is to ensure that we have an understanding and agreement with respect to my ownership of the intellectual property, and what that means in practice for you.

Licence to you

You may use the Program by way of this licence. SBA is the owner and creator of the Program and represents to you that it has the right to license the Program. This warranty extends to the assurance that the CCP not be infringing any rights of anyone else by using this Program. This is a non-exclusive licence which means that SBA can grant a licence to more than one person. The licence will commence upon the CPP signing this Agreement and continue for life, or until a termination event occurs (set out below). In consideration for SBA granting this licence, you agree to pay the fees set out as described in the attached fee schedule. If fees are not paid by the due date on the invoice, SBA has the right to revoke the licence and you will not be authorised to use the Program.

What you can do

This licence allows CCP’s to use the Program to learn SBA’s methods to support your own clients in your practice, as well as granting you skills to use in your own life (“Purpose”). This licence includes CCP’s having the right to share PDF worksheets from the Program with clients on the condition that all copyright or other proprietary marks of SBA remain on the worksheet.

What you cannot do

This licence does not extend to using the Program for any other reason other than the Purpose. This licence also does not grant the CCP the right to sell or on-licence the Program in any way.    CCP’s cannot log onto your own account and use the Program with your clients. If you wish to do so, your clients are welcome to use the Program by purchasing it through the website and CCP’s can use your learnings to assist the client.

The CCP gives an undertaking to SBA that the CCP will:

  • not alter, remove or obscure any copyright or trade mark symbol or other proprietary mark that SBA puts on any of the Program content; and
  • ensure that any copies of any of the Program content that are made, published or reproduced by the CCP will include any proprietary statements required by SBA including the copyright symbol ©; and
  • ensure that the Program and its content are not used in a way that is prejudicial to the reputation of SBA; and
  • to immediately inform SBA of any legal proceedings, threat of legal proceedings or claim which may involves the Program.

Confidentiality

SBA and you, the CCP acknowledge that we may obtain Confidential Information about each other, when working together. Under this clause both SBA and the CCP each separately promises the other that it will not use or disclose any Confidential Information of the other to any third party and will only use any Confidential Information in good faith and for the proper purposes of this Agreement.

Limited Liability of SBA

To the extent permitted by law, SBA disclaims all implied warranties and conditions. To the extent that any liability of SBA under the Competition and Consumer Act 2010 (Cth) cannot be excluded, SBA’s liability is limited to replacing the Program or refunding the cost of any licence fees paid under this Agreement. To the extent permitted by law, SBA excludes all liability for indirect or consequential loss suffered by the CCP including but not limited loss of revenue, failure to generate expected profits and any other commercial or economic loss of any kind arising from this Agreement. For clarity, this means that SBA is not responsible, or liable for any harm or injury suffered by the CCP’s clients. This clause continues even after termination of this Agreement.

Indemnities

SBA indemnifies the CCP and promises to keep the CCP indemnified against any loss, liability, cost or expense that the CCP suffers because of a claim made by a third party claiming to have Intellectual Property Rights and/or moral rights in the Program. In return, CCP indemnifies SBA and promises to keep SBA indemnified against any loss, claim, award, judgment, expense or damage that the SBA might suffer because of the CCP’s use of the Program, including any unauthorised use.

Termination

This Agreement will terminate automatically if any of the following events occur:

  • a party becomes subject to external administration or being a natural person becomes bankrupt or dies;
  • a party (if a partnership) dissolves or enters a process of dissolution or (if a corporation) undergoes a change of ownership; or
  • ceases trading as a business.

If an event listed in arises in relation to the CPP, the CPP (or his or her successors) will immediately cease using the Program and any of its content and will promptly destroy any copies and/or derivative materials to SBA.

Dispute Resolution

If a dispute arises between SBA and the CPP under this Agreement, each party agrees to attempt to resolve the dispute with good faith. If the parties are unable to resolve a dispute within ten days the dispute must be referred for determination by a person appointed by the Institute of Arbitrators (Victoria). The decision of the person appointed to determine the dispute is final and binding on the parties.

General Legal Matters

Nothing in this Agreement will constitute or be deemed to constitute a partnership, joint venture or agency between the parties.

This Agreement shall be governed by and construed in accordance with the laws of Victoria and the parties submit to the jurisdiction of the Victorian courts. If any part of this Agreement is invalid under any law that part will be limited, narrowed, construed or altered as necessary to make it valid, but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect.

Definitions

“Agreement” means this licence Agreement including the Schedule and any amendments in writing signed by both parties.

“Commencement Date” means the date this Agreement is signed by both parties

“Confidential Information” means all information in whatever form that is:

  • marked or identified as “Confidential”, “Secret”, “Not to be Disclosed” or “Private”;
  • is designated, described or referred to by the discloser in any document or correspondence as confidential, secret or private or not to be disclosed;
  • the receiving party knows or ought to know is confidential;

but does not include any information which prior to the date of this Agreement was lawfully in the public domain or which the discloser has published, circulated or announced publicly or was developed by the receiving party independently of the disclosing party.

“Intellectual Property Rights” means all rights in copyright, layout, designs, methods, trademarks, patents and all other rights in intellectual property as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention whether registrable, registered, patentable or not.

Seeking Balance International Pty Ltd (ACN 624 386 394) atf the Seeking Balance International Discretionary Trust was formally known as “Seeking Balance Australia”. 

 

FEE SCHEDULE

  • Participants in the 12 month mentoring program: Licence fee is included in the $15,000.00 course costs for an ongoing licence; which can be payable in 3 monthly instalments of $5,200.00 per month.

Acknowledgements

By ticking the Terms and Conditions check box for this Agreement the CCP acknowledges that:

  • SBA is the absolute owner of the copyright in the Program and that ownership of all copyright in worksheets, videos or other works remains with SBA; and
  • that in addition to the copyright in the Program SBA has all proprietary rights in the methods contained in the Program; and
  • the CCP may only use the Program for the Purpose as described in this Agreement; and
  • the CCP it has not relied upon any representation made by SBA other than as set out in this Agreement; and
  • the CCP has had the opportunity to seek legal advice before entering into this Agreement.