TERMS AND CONDITIONS

These Terms and Conditions (Terms) apply to, and are incorporated in, any quote, proposal, engagement letter or Tax Invoice (Proposal) provided to you by Polly Jane Photography ABN 72606048731 trading as Polly Jane Thronsen (Mentor).   

By engaging the Mentor to provide the mentoring services, you accept these Terms.   

1. Mentoring Services 

1. The nature of group education is that dates and times for such mentoring are fixed and not flexible.  If you are late to the session or you miss it, no refund will be provided.
2. If factors outside of the Mentor’s control mean that the Mentor is unable to attend the session at the agreed time, they will notify you as soon as possible to reschedule the session.  Whilst unlikely, if the Mentor needs to cancel the provision of the services entirely, the Mentor will provide you with a refund for any fees received in advance which relate to services not provided. 
3. If you are attending a workshop or retreat, special retreat conditions will apply. Refer to Schedule 1.
4. Obligations of Mentor 
5. The Mentor will perform the mentoring services with reasonable care and skill according to the standards customary in the industry; uphold their ethical responsibilities; and comply with all laws. 
6. Your Obligations 

1. You understand that mentoring is designed to help facilitate your professional development and growth. Your Mentor will help you develop plans, paths and strategies to execute on your goals but it is up to you to carry out the work needed.
2. You understand and agree that you are fully responsible for your physical, mental and emotional wellbeing during the mentoring sessions, including your choices and decisions. Mentoring should not be used as a substitute for obtaining professional advice by legal, financial, medical or other qualified professionals. It is your responsibility to seek independent professional guidance as needed.
3. Fees and Payment
4. All fees and payment terms are set out in the Proposal or Tax Invoice. You must pay the Mentor in full prior to your mentoring session, unless otherwise agreed. If the Mentor has not received payment by the due date, the Mentor may deny you access to the course and no refund of any payments made will be given. 
5. Intellectual Property

1. All materials and content including course materials, images, mentoring materials or documents that are provided or prepared as part of the mentoring sessions (Mentor Materials) are the exclusive property of the Mentor and all copyright rights are reserved.  No part of the Mentor Materials may be reproduced, distributed or transmitted in any form or by any means without the express written permission of the Mentor. That is, the Mentor Materials are for your exclusive and personal use.  
2. The Mentor has invested significant time and resources in preparing the Mentor Materials and will suffer loss and damage if you are in breach of this clause 6. Should you already run, or at any time after you establish your own Mentoring business after receiving services from the Mentor, you must ensure that you do not cut, take or reproduce any part of the Mentor Materials for your own commercial gain. The Mentor reserves the right to pursue all available legal avenues in response to any infringement or unauthorised use of the Mentor Materials.  
3. Confidentiality 

1. The Mentor agrees that he or she will hold the content of the sessions as confidential and will not, without your express written consent reveal any aspect of those sessions to any person. This does not include information that involves illegal activity, which is generally known to the public or generally known to the industry or any disclosure which the Mentor is required to make by law. 
2. You must ensure that you do not disclose any of the Mentor’s confidential or personal information.  For the purposes of this clause the Mentor Materials are confidential information. 
3. Privacy
4. You acknowledge and agree that the Mentor may collect and use your personal information, including your name and contact details, for the purposes of managing and delivering the services to you, and keeping you up to date with offers, pricing and other relevant information. If you do not wish to receive marketing information please let the Mentor know at any time. The Mentor will not provide your details to any third party other than as required by law or to my employees, contractors and advisers. Please refer to the privacy policy here.
5. Photographs

You agree that the Mentor may take and use images of you during the mentoring sessions and/or retreats in their promotional and marketing materials including via social media platforms and website. 

9. Limitation of Liability

1. Certain laws such as the Australian Consumer Law contain warranties that protect the purchasers of goods and services in certain circumstances (“non excludable consumer warranties”). Nothing in these Terms alters any protection available to you under the Australian Consumer Law.
2. The Mentor’s liability to you under or in connection with these Terms (including for negligence), or a breach of any non-excludable consumer warranties is limited, at the Mentor’s option, to resupplying the goods or re-performing the services or the cost of resupplying the goods or performing the affected part of the services again.  Where the Australian Consumer Law applies and there is a major failure in the goods or services, the Mentor will you with another remedy as required by the Australian Consumer Law.  
3. To the extent permitted by law, the Mentor will not be liable to you for consequential loss.
4. Dispute Resolution

If a party wants to resolve a dispute it may give a notice to the other, setting out in reasonable detail the nature of the dispute. Within 7 days of receipt of a notice of dispute, the parties must meet to negotiate in good faith a way to resolve the Dispute. This does not prevent a party seeking urgent interlocutory relief.

11. General

1. Variation: These Terms may only be varied by written agreement between the parties. 
2. Entire agreement: These Terms and the Proposal records the entire agreement between the parties about its subject matter and to the extent permitted by law supersedes any previous negotiations and communications between the parties in connection with the subject matter, whether written or oral.
3. Assignment: a party must not assign or otherwise transfer any or all of its obligations arising out of these Terms with the prior written consent of the other party.
4. Severance: a term or part of a term of these Terms that is illegal or unenforceable may be severed from the Terms and the remaining terms or parts of the terms under these Terms continue in force. 
5. Inconsistency: if there is any inconsistency between the Proposal and the Terms, the Proposal will prevail. 
6. Governing law: These Terms are governed by the laws of, and any dispute will be heard in the courts of, the state or territory where the Mentor operates their business.