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Maverick Terms & Conditions of Sale

Although I am personally facilitating the events and presentations, the legal entity by which I operate is through the Guest Family Trust (ABN, 60977489454).

Please take some time to read through the information below carefully. The purpose of these Terms & Conditions is to clarify the roles and expectations for our relationship moving forward so we can both be in alignment during our time working together.

These Terms & Conditions contain the entire agreement between You and Me (Tammy Guest) with respect to the subject matter of the contracted services and agreement. Both of us agree that this document supersedes any prior agreement or understanding (if any) between the us.

Please carefully read these Terms & Conditions to make sure you understand your rights and obligations with purchase of a place in the Maverick Mastermind. If anything in this Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations.

Duration of Services

Maverick commences:

  • September 1st 2023 and concludes 15th December 2023. (2023 intake)
  • September 1st 2024 and concludes 15th December 2024. (2024 intake)

Contracted Services

Maverick is a 4 month Online Group Mentoring Package that includes:

  • Business and Personal development mentoring;
  • Online training and mastermind events;
  • In-person retreat event in Komune, Bali (December);
  • Access to a Private Online Community where mastermind discussions, connection and accountability happen.

Interpretation

In the interpretation of this Agreement:

  • singular includes plural and vice versa;
  • references to a person include a corporation, association, partnership, Government Authority, or any legal entity;
  • references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders in council, rules, by-laws and ordinances made under those statutes;
  • covenants by each party include an obligation to procure compliance by each of the parties’ employees and all other persons under the control of that party;
  • where a party consists of more than one person the covenants on the part the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable;
  • any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;
  • a reference to anything after the words “includes” or “including” does not limit what else might be included.

Expectations

A minimum 4 month working commitment is required by you.

Every business and person is different, so we cant guarantee same results. But we can guarantee you will grow in some way personally, professionally or in business.

Results will depend on your time, effort, energy and commitment. And as such you understand that this is reasonable.

I am available to you for quick question support via email for the duration of this agreement.

I will make every effort to respond to your questions in the group within 72 hours, between 9am to 2pm Monday to Friday (NSW, Australia time). I am not obligated to answer or respond to phone calls, text messages, social media messages or emails outside of the Community, or outside of standard business hours (9am to 2pm AEST Monday to Friday).

Pricing and service offering is valid for the term of the agreement. I am not under any obligation to maintain the same offer or pricing should the Client wish to extend the term of service or sign up at a later date.

Disclosure of accurate and honest information requested by me about your business and is required to ensure advice and strategies provided are useful and applicable; Any questions or concerns must be brought to my attention so they may be resolved as quickly as possible;

You acknowledge your choices, decisions, actions and results between sessions are your sole responsibility; Agree that the I am not and will not be liable for any actions or inaction, or for any direct or indirect result of any services that I provide;

I will do my best to carry out the contracted services in a high quality manner, using all my skills and expertise from coaching, business mentoring, naturopathic experience, and qualifications.

Excluded Services

Unless otherwise agreed, I am not required to supply any excluded services. Excluded services include but may not be limited to:

  • Physical product creation;
  • Medical, Clinical or Patient advice;
  • Networking on behalf of, or representing, the client;
  • Financial or Legal advice;
  • Management of employees or external contractors;
  • Business administration;
  • Marketing & Systems advice;
  • Psychological support.

Disclaimer

I make no guarantees and you accept that given the nature of the services I provide, the results experienced by every client will differ. You accept responsibility for any such variance.

You will have the opportunity to attend an in-person retreat in Bali. Please make us aware of any concerns you have about attending the face to face events at least 31 days prior. Please take precautions to look after your own safety while at the retreat venue.

Intellectual Property

I own all Intellectual Property in designs and content in the course, or arising out of, the work.

I own all intellectual property including all course materials, it is provided to you for educational purposes, you must not use it commercially. If you have any concerns whether a particular use is allowable then please contact us at first.

You give us permission to take photos on retreat or live events and;

If you see a particular image you do not give us the right to use, you have the option to refuse on the individual image.

You give us the right for the full and unconditional use, to use these photos in our marketing, without having to pay you for these.

Confidentiality

In working together, it is extremely important that the relationship is built on trust. As such I am committed to the utmost confidentiality. All information (written or verbal) that you share with me, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfil services as part of this agreement, or if required by law (such as fear for your or another person’s safety or through a court order or subpoena).

I agree to keep details of all sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted services confidential during and after the period of this agreement.

As is the nature of group mentoring, this relationship of trust extends to other clients / participants within the group online setting, and the you agree to keep these conversations, ideas, plans and information to the utmost confidentiality. It is essential you respect the privacy of all other participants.

While everyone who participates in this course has signed this agreement to protect my and other participant’s intellectual property rights, please be cautious.

Sensitive information may be shared in the group, it is a condition of entry that this will be respected with total confidentiality. A breach of this term may result in serious action including expulsion and legal ramifications.

At times you may feel the need to share personal and sensitive information with the group, please be aware this is an ongoing membership, past and future members may have access to this, please consider deleting highly personal content after 1 month.
While we will do our best to maintain security and confidentiality of all information shared, we take no responsibility for the security of information shared via third party platforms such as Facebook, Messenger, Zoom or Email.

We may share the nature of the meetings or requests with another professional for the purpose of me seeking advice or guidance on how to best be of service.

If meetings are being recorded, I will inform you of this fact. Please contact me if you do not wish this to occur.

You agree not to transfer or disclose the details of this agreement to any third-party.

Users agree to the Privacy Policy, Terms of Use and Community Standards of Facebook to participate in this membership.

Payments & Refunds

By agreeing to these terms you are indicating you are financially capable of investing in this consulting and service agreement and that you are in no way undertaking economic hardship to participate.

Upfront or instalment payment options are available, as outlined at https://www.tammyguest.com/maverick. 

Payment plan or instalment payments are made via Stripe (a third party payment gateway). I do not store your credit card details.

Payments include 10% GST for all Australian residents.

Payments are quoted and billed in Australian Dollars.

I am not obliged to maintain delivery of services until the due fees are paid in full, or paid in full for the month. 

Failure to pay the due fees prior to the due date, will forfeit your place in the program.

All fees are due, regardless of your participation in the program or use of the materials and training provided.

A two (2) week cooling off period applies to the first payment.

Refunds do not apply after the two (2) week cooling off period.

Due to the nature of the services provided, refunds do not apply to services that have been fulfilled as outlined in this agreement.

The breakdown of this payment in the payment plan is for your convenience only. Even if you decide to leave the membership before its completion, by signing up you are committing to pay the full fee.

If you choose to not complete the retreat, you are still committing to pay the full course fee.

No refunds will be offered for the price you signed up for if it differs from a promotional price.

Late & Additional Fees

You are responsible to ensure payments are made on time. Please note that a 3 day grace period is allowed, at which point a second attempt will be made. I reserve the right to withhold service until such time as the due fees are paid in full.

If your account is beyond 14 days overdue your access to the group and course materials will be cancelled until payment is received.

If your account is beyond 30-days overdue and services have been delivered, I reserve the right to turn the account to collections, at which time this agreement will be terminated and you will not have access to the course content, membership group, or live events.

Additional consultations or service requests will incur fees. Any additional fees that may apply will be in writing prior to commencement and will require agreement to changes in writing via email.

Cancellation & Termination

Either party can terminate this agreement at any time.

Termination from either party must be completed in writing via email.

To preserve the harmony of the group as a whole, I reserve the right to suspend or terminate your membership at any time.

In the event of cancellation, all group and course access will be revoked.

Outside of the ‘cooling off period’ all outstanding prospective monthly fees must be paid by you in full within 30 days of cancellation.

Role

Myself and associated staff and contractors are not employees or servants of you, but an independent contractor.

Warranty & Indemnification 

The contracted services will at all times be carried out:

  • diligently;
  • with proper care and skill; and
  • in accordance with the terms of this agreement;

You indemnify Tammy Guest against all claims for any kind of legal relief whatsoever arising in any way out of or in connection with:

  • the carrying out of, or failure to carry out the contracted services; or 
  • any breach of this agreement.

The indemnity does not apply to the extent that any claim is caused by the negligence or a breach of this agreement by myself.

Dispute Resolution

Subject to the provisions of this agreement, any dispute arising out of, or in connection with, this agreement must be resolved in accordance with this clause. A dispute, as referenced in this agreement, is classified as an issue that cannot be resolved between the two parties amicably.

Should any issue arise between the parties, the first process is to document and discuss the issue to attempt to come to an agreed resolution. If an agreement cannot be made, the parties must refer the dispute to mediation by a New South Wales Law Society Approved Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the standard mediation agreement approved by the New South Wales Law Society. The reference to mediation commences when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause. Any information or documents obtained as part of the reference under this sub-clause must not be used for any purpose other than the settlement of the dispute under this sub-clause. If the Dispute is not resolved within thirty (30) days of the commencement of the reference under this clause either party may then, but not earlier, commence proceedings in any court of competent jurisdiction.

Any mediation under this clause will be held at offices in Newcastle nominated by the New South Wales Law Society unless the parties otherwise agree.

Each party will continue to perform this Agreement (other than in respect to the matters which are in dispute) notwithstanding the existence of a Dispute or any proceedings under this clause.

Unless a party has complied with the mediation procedure provided for in this clause for resolution of disputes that party may not commence court proceedings relating to any dispute, except where that party seeks urgent interlocutory relief.

Where a party fails to comply with the mediation procedure provided for in this clause any party in dispute with the party so failing to comply with this clause need not to comply with this clause before commencing court proceedings relating to the Dispute.

Limitation of Liability

Liability for the services provided by Tammy Guest is governed solely by Australian Consumer Law and this agreement. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.

Except for your Statutory Rights, all materials and services is provided to you without warranties of any kind, either express or implied.
To the extent permitted by law, Tammy Guest excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this agreement.

Tammy Guest guarantees all services and advice are supplied to the Client with due care and skill.

Governing Law

The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of New South Wales, Australia.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of New South Wales, Australia.

Waiver

No failure or delay on the part of a party to exercise any right power or remedy operates as a waiver nor does any single or partial exercise of any such right power or remedy preclude any other further exercise of them or the exercise of any other further exercise of them or the exercise of any other right power or remedy.

Acceptance

By checking the “Accept Terms & Conditions” check box at the online checkout, you confirm you have read, understand, accept and will abide by these Terms & Conditions.

Should you have any concerns or questions about these Terms & Conditions, please contact hello@tammyguest.com.