AUREUS EDUCATION Participation Agreement

  1. This Agreement is between You (Your) and Aureus Education Pty Ltd ACN 622 500 805 (Us, We or Our) and relates to Your participation in Our program known as “Aureus Education”(Aureus Education Program).
  2. As a member of the Aureus Education Program, You acknowledge and agree that this Participation Agreement forms a binding contractual agreement between the parties. You further acknowledge that You understand that any information, techniques, skills and concepts shared by trainers and speakers and all audio and video recordings, on-line training videos, information, manuals, checklists, documents, websites and other materials (Program Materials) are limited to business coaching and strategy information, are not to be relied upon as any type or form of professional, financial or other advice.
  3. You acknowledge and understand that the Aureus Education Program is an educational program and course academy that provides educational services, including multimedia education, focused on business coaching strategy. You further acknowledge that in operating the Aureus Education Program, no Australian Financial Services License is held by Us, nor isomer required, on the basis that We are not providing financial product advice or dealing in financial products.
  4. You acknowledge and agree that at times within the Aureus Education Program We may involve and/or engage agents, contractors or other entities (“Other Educators”), which may include, but is not limited to, Aureus Wealth Advisers Pty Ltd, to provide financial education. You acknowledge and agree that all and any financial education provided of whatsoever nature (including, but not limited to, advice provided as part of strategy sessions and financial reviews), is provided by Other Educators for education purposes only. The reliability and accuracy of that advice/education must not be relied upon by You and does not take into account your individual and personal circumstances.
  5. In the event that You wish to obtain and rely upon financial and/or personal advice, a separate retainer and new and distinct relationship must be entered into by You with the advisor/s of your choosing for the purpose of that advice. Any advice sought and strategies implemented shall be at your own risk. Any Other Educators, which may include Aureus Wealth Advisers Pty Ltd (if you so elect), may offer to provide you with independent professional relationships, which may include, personal financial advice. You acknowledge that any such relationship is to be pursued at your own discretion under a separate and distinct retainer and this relationship is separate and independent of your involvement with Us and the Aureus Education Program.
  6. You acknowledge and warrant that you understand and agree that business coaching and strategy is provided by Us pursuant to this Participation Agreement and that financial advice is not provided or offered by Us pursuant to this Agreement or pursuant to the Aureus Education Program. You acknowledge that We have not represented to You in any way whatsoever that any form of financial advice or financial services will be provided by Us. We are an Education Program and are not qualified to provide financial advice. You acknowledge and understand that you should obtain your own independent professional tax, legal and financial advice and implement any strategies provided at your own risk.
  7. You acknowledge and agree that You indemnify and hold harmless Us, Aureus Wealth Advisers Pty Ltd and all of their contractors and employees, together with any presenters engaged by Aureus Education Program, against any claim which may be made or threatened for any loss or otherwise, arising out of or in connection with any advice or information provided. You further indemnify Us, Aureus Wealth Advisers Pty Ltd and all of their contractors, employees and presenters against any claims which may be made or threatened arising directly or indirectly from or in respect of any activity that constitutes or may constitute provision of a financial service under Part 7.1 of the Corporations Act 2001 (Cth) or any other activity that constitutes a referral under Corporations Regulation 2007 7.6.01(1)(B).
  8. You acknowledge that We have strongly recommended that You should obtain Your own independent financial advice and financial services distinct from this Agreement and separate to the advice provided by us. Aureus Education Program and the Program Materials may only be used for educational and training purposes and only for non-commercial use.
  9. You acknowledge and agree that We have strongly recommended that You obtain financial advice pursuant to a separate retainer with an entity suitably qualified and the holder of an Australian Financial Services License. You acknowledge that We have advised You that Aureus Wealth Advisers Pty Ltd (which is a company affiliated to Us but which operates as a distinct and separate entity) is appropriately qualified and licensed to provide financial advice should You elect to enter into a separate retainer with them for the provision of such services.
  10. You acknowledge having received from Aureus Wealth Advisers Pty Ltd and having read and understood the Financial Services Guide together with the Aureus Financial Welcome Pack
  11. During sessions, some speakers may choose to share with You private information that they do not consent to being published or in any way reproduced outside the Aureus Education Program environment. You acknowledge and agree that such information will not be repeated, published or reproduced in any form whatsoever.
  12. Recording equipment of any kind is not, under any circumstances, permitted during Aureus Education Program events. Any official recordings once edited will be uploaded and made accessible via the website.
  13. Aureus Education Program, the Program Materials, and user names and passwords provided to You are strictly confidential and must not be given to or shared with any other person. As an exception however You may share relevant information with Your staff for the purposes of them implementing the ideas shared into Your business.
  14. You acknowledge that all intellectual property rights in respect of Aureus Education Program material, documentation and Program Materials vest in Aureus Education Pty Ltd, or any related corporate entity. No part of the Program Materials may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred without Our prior consent, which may be refused at Our absolute discretion.
  15. As a new client of Aureus Education Program, you receive a 30 day ‘Love it or leave it’ option. To exercise this option, you are required to complete all aspects of our program and participate fully in our client onboarding framework referred to as ‘The Kick Off Process’. If after completing this process, you feel as though the program is not a good fit for you and your business and can explain this in detail, we will release you from the program and refund any payments made.
  16. Aureus Education Program is a 12-month program. Payments must be made monthly in advance. There are no cancellations, hold-periods or refunds during this time. Once the payment is made, by or on behalf of you, in respect of the 12 month program, You acknowledge and agree that the contract with Us may not be cancelled and any payments made or owing are non-refundable. Should Your credit card provided in respect of payments expire, You will be required to supply new credit card details that will take You up to the end of the agreed payment period. We reserve the right to suspend Your access to the program until Your payments are up to date. In the event of early termination of membership by You during the 12 month period, the monthly fees applicable for the entire 12 month period will be payable in full.
  17. After Your first 12-months, Your membership will automatically be renewed and will continue until it is cancelled by 30 days’ notice in writing.
  18. After Your first 12-months of membership, You may cancel Your membership. Your login details will be suspended upon termination and at the end of Your payment cycle. We can cancel Your membership if You are in breach of this Agreement.
  19. All expenses in respect of any conferences, such as flights, accommodation, meals, drinks and all other expenses are the responsibility of the member.
  20. Aureus Education Program members understand that events are a non-pitch environment. As such You agree to conduct business within the community in a professional manner. If Your conduct is deemed to be unacceptable and is not corrected after notice, We reserve the right to cancel Your membership.
  21. You understand that We will be taking photos and filming all live events. This footage may then be used for the creation of physical DVD products or turned into online videos. You give permission for this to occur.
  22. We disclose and you acknowledge that We may, from time to time receive a referral and/or project management fees from third party agents in respect of any introduction.
  23. We guarantee to You that if You attend all of the training and implement all of the training action items in good faith and take reasonable steps to follow the Aureus Education Program and if notwithstanding this the business that you operate does not receive at least a two times return on the program investment, being (in circumstances where the sum of $24,000 is expended on Aureus Education Program fees) an increase in annual turnover of $48,000 (in comparison to the immediately prior financial year) (‘Results Target’) within 12 months of completion of the Aureus Education Program We will continue to work with you in good faith and at no additional cost until such time that you, in our reasonable opinion, achieve the Results Target.
  24. We reserve the right to vary this Agreement as reasonably required.
  25. No representations or warranties are made with respect to the results and possible benefits to be obtained from participating in the Aureus Education Program.
  26. This Agreement is governed by the laws of New South Wales, Australia.
  27. By becoming a member of the Aureus Education Program, You agree to the above points of the Agreement and will be legally bound in respect of the terms of the Agreement. Should You have any questions, please contact Us via phone or email.
  28. By entering into this Agreement, You acknowledge that You have freely and voluntarily relied upon Your own personal decisions and choices and that You have not been unduly influenced by any warranty or representation made by Us.
  29. You acknowledge that the terms and conditions set out in this Agreement comprise of the entire agreement between You and Us and such terms and conditions will override all previous agreements in respect of the subject matter of this Agreement. You further acknowledge that other than the terms and conditions set forth in this Agreement, there are no representations, warranties or agreements (express or implied) upon which You have relied.
  30. You acknowledge and agree that by entering into this Agreement, You authorise and consent to Us sharing Your personal details and information to Our affiliated corporate entities if We deem it so necessary in order for You to be serviced by one of Our separate but affiliated Companies. Our affiliated Companies are Aureus Wealth Advisors Pty Ltd, Aureus Finance Pty Ltd, Aureus Tax and Accounting Pty Ltd, Aureus Property Research Pty Ltd, Aureus Education Pty Ltd and includes any other affiliated corporate entity created in the future.
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