Retreat Terms and Conditions
Rainbow Sounds Level 2 Retreat Terms and Conditions of Client Service Agreement;
(a) Rainbow Sounds will provide the Service:
(i) in accordance with this Client Service Agreement;
(ii) from the Client Service Commencement Date until the conclusion of the RAINBOW SOUNDS LEVEL 2 RETREAT
(iii) in accordance with the methods of delivery specified in the Schedule of Fees and Services; and
(b) In performing the Services, Rainbow Sounds will take reasonable steps to ensure that its coach(es), employees, and agents:
(i) use reasonable endeavours to assist, coach and mentor you, with the benefit of their experience, and
(ii) will not exceed their scope of work, and may offer a referral to a suitably qualified professional if you request Services outside our scope of work.
2. CLIENT RESPONSIBILITIES
(a) Generally - you agree to:
(i) provide us promptly with all relevant information, we reasonably require to perform the Services you have purchased from us;
(ii) ensure we are permitted to use any third party information or intellectual property right you require us to use to perform the Services.
(b) Information - you are responsible for the completeness and accuracy of information supplied to us. We may rely on this information to perform the Services and will not verify it in any way, except to the extent we have expressly agreed to do so as part of the Services.
(c) Interdependence - our performance depends on you also performing your responsibilities under this Client Service Agreement. You agree we are not liable for any default to the extent it arises because you do not fulfil your responsibilities or because information supplied is, or becomes, inaccurate or incomplete, except to the extent we have expressly agreed to verify its accuracy and completeness as part of the Services.
(d) Your outcomes - The goals and outcomes that you set for yourself can only be achieved by you, and not by us. We will guide, coach, and advise you on techniques to reach towards your personal developmental goals and in facilitating a professional sound bath and presenting yourself as a Sound Healer. We cannot guarantee, in any way, your performance. You are responsible for your own outcomes. We will assist you as per our Client Service Agreement, however, we cannot make you do any particular action, or follow our advice, only influence you as you allow. You warrant and agree that you will not hold us accountable, responsible, or liable in any way for whatever outcomes you reach as a result of your actions or as influenced by our Services. Further, you indemnify us from any claim against us if your desired outcomes are not reached, for any reason whatsoever.
(a) To the maximum extent possible by the law, Rainbow Sounds does not offer any warranty in addition to any warranty that may be required by the law.
(a) You will pay the Fee of the selected package as described in the Schedule of Fees and Services, up front or via a payment plan that has been agreed by both parties.
5. GST and OTHER TAXES
(a) In this clause, "GST" and other italicised terms have the meanings given to them in the GST Act as amended or replaced.
(b) Except where express provision is made to the contrary, and subject to this clause, any amount that may be payable under this Agreement is exclusive of any GST.
(c) Unless otherwise specified, the Client Service Agreement Fees are expressed exclusive of GST.
(d) If GST is payable on any goods of service that we provide, you are obligated to pay for the GST.
6. INTELLECTUAL PROPERTY RIGHTS
(a) Rainbow Sounds retains ownership of all Intellectual Property Right in the Materials and nothing in this Agreement transfers any ownership.
(b) Rainbow Sounds owns the intellectual property of all documents developed or created at the event as part of the Service. Rainbow Sounds owns all intellectual property rights from images and video that may have been taken during the event as part of the Service.
(a) Subject to clause 15(b), each party must maintain in confidence all Confidential Information and ensure that the Confidential Information is kept confidential.
(b) A party may disclose Confidential Information:
(i) to the extent required by law;
(ii) where the Confidential Information is in the public domain through no act, neglect or fault of information;
(iii) where a party has notified the other party that confidentiality of the information is no longer required to be maintained, and
(iv) to the party's professional advisors to obtain professional advice subject to such advisors being under an obligation of confidence to that party.
Both you and Rainbow Sounds, agree to comply with any Privacy Laws and do not do anything which could cause the other party to breach any Privacy Law, and:
(a) only use Personal Information provided by each party for the purpose of fulfilling its obligations under this Agreement; and
(b) Take all reasonable steps to ensure that the Personal Information is protected against misuse and loss, or unauthorised access, modification or disclosure.
(a) Rainbow Sounds has current public liability insurance and professional indemnity insurance, however it remains your own responsibility to cover your own personal belongings while participating in the event of the Service.
10. LIABILITY AND INDEMNITY
(a) You indemnify Rainbow Sounds against:
(i) any liability to or claim by a third party (including its Personnel); and
(ii) all costs, charges, expenses (including in connection with advisors), fines, penalties, losses, and damages suffered or incurred arising directly or indirectly out of or in connection with any wilful or negligent act or omission or breach of this Client Service Agreement by you.
(b) This indemnity will survive termination or expiration of the Client Service Agreement.
(c) It is not necessary for Rainbow Sounds to incur or suffer the liability, claim or Costs or make payment before enforcing a right of indemnity under this Agreement.
(d) Rainbow Sounds is not liable to you or any other person for any Excluded Loss, or any loss, damage or liability whatsoever. As far as the law permits and unless otherwise specified in this Agreement, Rainbow Sounds excludes all liability to you and to any and all other persons, for any injury, loss, damage, Cost or expense relating to or arising from this Client Service Agreement.
(f) Where Rainbow Sounds’s liability cannot be lawfully excluded, it is limited at its option to:
(i) the resupply of the provision of the Services;
(ii) the payment of the cost of providing the Services; or
(iii) the amounts paid by you for the provision of the Services.
(g) No claim against employees - You agree not to bring any claim against any of our employees personally in connection with the Services.
Rainbow Sounds may terminate this Client Service Agreement immediately by written notice to you if:
(a) you fail to comply with any term of this Client Service Agreement;
(b) as an individual, you commit an act of harm, violence, excessive anger towards any person and or commit fraud or steeling activities while participating in the event as part of the Service.;
(c) for any reason, or no reason at all, with written notice of termination.
Due to the intimate nature of this event, no refunds will be given. In cases of extreme emergency or Covid protocols, refunds or transfer of services will be given at the discretion of Rainbow Sounds.
(a) The following clauses survive termination or expiration of this Agreement:
(i) Clause 7 - Intellectual Property Rights;
(ii) Clause 8 - Confidentiality;
(iii) Clause 9 - Privacy;
(iv) Clause 11 - Liability and Indemnity;
(v) Clause 12 - Termination; and
(vi) Clause 16 - Definitions.
(b) The indemnities in favour of Rainbow Sounds, survive if this Client Service Agreement is terminated or expires.
14. Media Right Of Exclusive Use
(i) During the event as part of the Service, Rainbow Sounds and its crew will capture images, including photographs and videos, for marketing and promotional purposes. It is the responsibility of the customer to informRainbow Sounds in writing, prior to the event, if they do not wish to be photographed or have their images used for marketing purposes.(ii) By participating in the event, the customer grantsRainbow Sounds the right to use any captured images, without compensation, for marketing and promotional activities, including but not limited to online and offline advertising, social media, print materials, and website content.Rainbow Sounds will make reasonable efforts to accommodate the customer’s preferences regarding photography, but cannot guarantee the complete exclusion of the customer’s presence in promotional materials. This clause includes images and video that has been shared with Rainbow Sounds and its crew from the event as part of the Service.(i) Rainbow Sounds during the event that forms part of the Service will endeavour to create a safe space for all participants at all times. The safety of all participants is of high priority to Rainbow Sounds and its crew. It is your responsibility to express verbally to the Rainbow Sounds team or its crew if you feel unsafe, uneasy or unwell, or if there is any disease or disharmony felt in both your body, mind or soul. Rainbow Sounds will temporarily remove you from the main or communal areas and provide you water and a seat to privately hold space for you to feel safe and it is your responsibility to let the Rainbow Sounds team or its crew know when you feel safe and are able to rejoin the main event that forms part of the Service.
(a) This Client Service Agreement cannot be varied except by mutual consent, in writing, by both parties.
(b) This Client Service Agreement constitutes that entire agreement between us and you, and supersedes any other agreement, representation, or negotiations between us and you.
(c) You may not assign or subcontract any of your rights or obligations under this Agreement to any other person.
(d) This Agreement is governed by the laws of Queensland and both you and we submit to the non-exclusive jurisdiction of the courts of Queensland and appeal courts from those courts.
(e) Entirety of the agreement - this written Client Service Agreement, comprising the Engagement Letter, Schedule of Fees and Services, and Client Service Agreement, constitute the entirety of our agreement. If any provision, term, or clause is held to be unenforceable, then only that provision, term, or clause and only to the extent it is not enforceable is to be struck out, and not affect the rest of the agreement. The remainder of the agreement, including the parts that survive the termination of the agreement, is to remain in force notwithstanding any provision, term, or clause that is held unenforceable.
Applicable Law means:
(i) any Act of Parliament (Commonwealth or State) Ordinances, regulations, by-laws, order, awards, and proclamations of the jurisdiction where the Services are being carried out; and
(ii) Privacy Laws, together with any delegated legislation, such as rules, regulations made under it, and includes any amendment, variation, or re-enactment or replacing legislation.
Client Service Agreement: means collectively the Engagement Letter, Schedule of Fees and Services, and the Client Service Agreement, a total of three documents together, and excluding any and all other representations and negotiations prior to, during, or after the signing of this Client Service Agreement.
Commencement Date: is defined in Item 4 of the Details, and if silent, the date of the purchases of the package.
Confidential Information: means the terms and/or details of this Client Service Agreement, and all confidential information, disclosed or provided in any form by RAINBOW SOUNDS in connection with The Services.
Community Standards of Etiquette: means in reference to online forum and email interactions. You must not exceed or contravene the community standards policy of the platform used. You must not use abusive or hurtful language, or make threats, or target or bully any person. If you are unable to comply with reasonable community expectations of online behaviour, you may be excluded from the online forum or email support. A refund for this component will not be offered as a right in such circumstances.
Details: means the details of Client Service Agreement, within the Client Service Agreement.
Excluded Loss: means economic loss, special loss, loss of revenue, loss of time, loss of goodwill, loss of data, loss of anticipated savings, loss of opportunity, loss of production, and loss of profit, whether these losses be direct or indirect.
Expiry Date: means the date set out in the Details, being the end of the purchase package or the end of the 12 months from purchase date, whichever occurs first.
Force Majeure Event: means any cause which is beyond a party's control (including war, riot, natural disaster, labour dispute, or law taking effect after the date of this Agreement), which prevents that part from performing its obligations under the Agreement.
GST Act: means the A New Tax System (Goods and Services Tax) Act 1999 (Cth.).
Intellectual Property Rights: means all and any patents, patent applications, trademarks, service marks, trade names, registered designs, unregistered design rights, copyrights, know-how, trade secrets, domain names, internet addresses, rights in Confidential Information, and all and any other Intellectual Property Rights, whether registered or unregistered, and including all applications and rights to apply for any of the same now in the future.
Materials: means any materials in any form which Rainbow Sounds provides to you from time to time
Parties: means both you and us collectively or individually.
Personal Information: the meaning given under the Privacy Act 1988 (Cth).
Personnel: means regarding Rainbow Sounds, employees, officers, agents, consultants, contractors, and service providers.
Privacy Laws: means the Privacy Act 1988 (Cth) together with all legislation, principles, industry codes, and policies relating to the collection, use, disclosure, storage, or granting access rights to Personal Information.
Reasonable Use: means a reasonable amount of use of our email support services and online forums. Responses from your Facilitators may not be unreasonably required outside of normal business hours, or more than 3 times per week. Exceeding this limitation may require you to upgrade your package, or incur additional fees, on top of your purchased package. Regarding online forums, you may interact with the forum for a reasonable amount of use, but may not unreasonably expect interaction with your life coach outside of normal business hours, or more than three times per week. For the avoidance of doubt, your life coach may, at their sole discretion, elect to not respond until their personal circumstances are conducive to responding, and this may be longer than anticipated.
Reimbursable Expenses: means any disbursements or expenses incurred by Rainbow Sounds in providing the Services, including but not limited to costs of transport, accommodation incurred by Rainbow Sounds or its Personnel, in connection with The Services, if not included in a fixed fee in the Schedule of Fees and Services.
Refund: means a refund on Services not yet provided in a package. Refunds are not payable as a right on Services already rendered or delivered.
Service Commencement Date: means the date of commencement of the Services, being the date set out in the Details, or the date of purchase, whichever is earlier.
Services: means the services described in the Schedule of Fees and Services, the letter of engagement, and this Client Service Agreement
Tax Invoice: has the meaning given to it in the GST Act.
(a) “include” or “including” are not words of limitation.
(b) A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision.
(c) Any reference to gender is inclusive and includes any and all genders including non-specific gender identification. Any reference in this regard may refer to any and all possibilities.