Waiver & Confidential Disclosure Agreement
The Temple
Between: The owner/s of this form and its associated companies and or its/their assigns
Of 1014/52 Currumbin Creek Rd, Currumbin Waters, QLD, 4223
(Discloser)
-and-
A. The Discloser has Confidential Information which the Recipient acknowledges as being of significant commercial value to the Discloser.
C. Due to the sensitive nature of the Confidential Information, this agreement contains protocols governing the communication of Confidential Information to the Recipient.
The Recipient desires a disclosure of the Confidential Information for the purpose of evaluating it in order to determine whether the parties may wish to enter into further dealings. The Recipient acknowledges the proprietary and confidential nature of the Confidential Information to be disclosed to the Recipient by the Discloser and, in consideration thereof, the parties have agreed to the following:
1. The Recipient agrees to keep the Confidential Information disclosed by the Discloser secret and confidential to the Recipient, to ensure that unauthorised persons do not have access to the Confidential Information and further not to disclose to third parties any aspect of the Confidential Information without the prior written consent of the Discloser.
2. The Recipient acknowledges that the Confidential Information disclosed to it by the Discloser shall remain the property of the Discloser.
3. The Recipient further represents and agrees that the Confidential Information will be used only for the purpose of evaluation by the Recipient and will not be used in any manner whatsoever. Any employees and outside consultant(s) to which the Recipient wishes to disclose the Confidential Information or any part thereof, for the purpose of evaluating the subject Confidential Information, must first agree in writing to be bound by the terms of this Agreement prior to any such disclosure.
4. It is understood that the Recipient shall be relieved from the Recipient’s obligations of confidentiality provided in this Agreement with respect to any part of the Confidential Information which:
a. the Recipient can show was already in the possession of the Recipient prior to the receipt of the subject Confidential Information from the Discloser; or
b. the Recipient can show is or becomes part of the public domain otherwise than by a breach of this Agreement; or
c. the Recipient can show was received in good faith from another source otherwise than by a breach of this Agreement.
5. In the event that the Recipient is required by law to disclose all or any part of the Confidential Information, the Recipient:
a. must immediately notify the Discloser of that requirement and provide full particulars to the Discloser of the requirement to disclose and its extent;
b. postpone any disclosure required pursuant to sub paragraph a. above for as long as the Recipient is able to do so, without prejudicing the Recipient’s own position;
c. is relieved from its obligations of confidentiality provided in this Agreement, but only to the extent of the legal obligation not to disclose, and not further.
6. If, as a result of the disclosure of the Confidential Information to the Recipient, the Recipient becomes aware that:
a. Any unauthorised person has come into possession of the Confidential Information, or any part thereof; or
b. Any unauthorised person is doing anything in contravention of the rights of the Discloser in and to the Confidential Information, or any part thereof,
the Recipient must immediately report full particulars to the Discloser, and must provide to the Discloser all reasonable assistance and Confidential Information with respect to that Confidential Information.
7. If, after evaluation, the Recipient determines that it wishes to acquire, licence, or otherwise use all, or any part of, the Confidential Information it will enter into a subsequent contract with the Discloser or nominee(s). The terms of any such transfer of rights in or use of the Confidential Information, or any part thereof, will be determined exclusively by the terms of that contract.
8. If the Recipient decides that it does not wish to enter into any such contract with the Discloser or nominee(s) regarding the subject Confidential Information, then it shall have no rights whatsoever with respect to the use of the subject Confidential Information including any associated diagrams, drawings and technical data.
9. All materials containing the Confidential Information, or any part thereof, supplied to the Recipient under the present Agreement (whether written or stored in any other form of media) shall thereupon be returned to the Discloser forthwith, together with all copies (whether provided by the Discloser or subsequently made for any reason) in the possession of the Recipient or supplied to its advisers. Any part of the Confidential Information which cannot conveniently be returned by the Recipient to the Discloser shall be completely destroyed in such manner and at such time as directed by the Discloser, including deletion from all computer records and electronic or other media storage devices. No copies shall be retained by the Recipient and confirmation of compliance with the above shall be provided by the Recipient to the Discloser.
10. In the event that the Recipient breaches this agreement, and if the breach is capable of remedy, the Discloser may at its option give the Recipient a Notice to Remedy Breach within a certain reasonable time.
11. The parties agree that in the event that the Recipient beaches this agreement, the Recipient shall be liable to pay to the Discloser liquidated damages being the amount that the Discloser could reasonably have earned in gross revenue from sales, licensing or franchising utilizing the Confidential Information over a period of five years or the expiry date of any patent held by the Discloser, whichever is the longer period.
12. The obligations in this Agreement shall continue for five years from the date of the Agreement.
13. This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
14. The confidential information refered to includes but is not limited to drawings, technology, phone numbers, documents, systems, programs, contacts, marketing material and methods.
15. Products, services & intelectual property which the discloser pays for directly or through contract, wages or salery remain the property of the discloser.
16. The Recipient confirms there has been no abuse of any kind physically or mentally and that any such behaviour and/or toxic behaviour/gossip & bullying will be grounds for dismissal.
By clicking and or signing the box & or attending the company/association (herein referred to as the organisation/s) premises you confirm that you have read and agreed to the terms and conditions as set out below.
I will advise if I am pregnant, or have any illnesses, injuries, surgery, pre-existing medical conditions or are taking prescription medication in Mindbody in the alert section and inform the teacher upon my first class.
I understand that classes at our facilities may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
We accept cash or payment by EFTPOS in store for all class passes. Purchases can be made in advance in the studio, app or via phone to enable online booking.
Purchases made online through our app or Mindbody will incur transaction fees paid to a third party and I understand that 'EZIDEBIT Australia' will appear on my bank statement, including the associated fees, for any online payment.
I am aware that I am not entitled to any refunds for purchases of classes, workshops, seminars or goods.
I agree that the hot yoga companies/associations & associated organisations and individuals are not responsible for my health, for the safekeeping of my personal belongings while I attend class.
I am aware that it is strongly encouraged to book all classes online to avoid disappointment and have provided my credit card or bank details via app or Mindbody. If these details are incorrect I will update payment details and personal information including my contact phone, email and home address or PO Box and other contact details as requested to my profile in app and Mindbody.
Cancellation of classes are allowed but must be done before 3 hours prior to the scheduled start time of class.
If I cancel my online booking within 3 hours prior to the scheduled class I will forfeit the class and waive all rights to request reinstatement or a refund.
I am aware that I will forfeit any classes that I do not attend if booked online.
If I am on an unlimited class pass and do not show up for class, I will be charged a $10 NO SHOW fee. This will be charged to my nominated payment details provided in app or Mindbody.
I am aware that if the doors to the premises are closed to commence class I will quietly leave without creating a disturbance or request entry to the premises or attempt to gain entry.
I confirm and agree that the following terms and conditions and undertakings apply to the Yoga & Pilates Exercise and training (“Yoga & Pilates Exercises”) to be provided to me by the organisation/s.
a. I have been examined by a licensed medical practitioner (“Practitioner”) within the past six months and have been found by such Practitioner able to perform all vigorous stretching and the Yoga & Pilates Exercises, which I am to perform during my enrolment with the organisation/s.
b. I will faithfully follow all instructions given to me by the organisation/s, its owners, teachers or contractors as to when, where, and how to perform and not to perform the Yoga & Pilates Exercises.
c. I agree and acknowledge that participation in any Yoga & Pilates Exercises could constitute a risk of serious injury to myself, including permanent paralysis or death. I voluntarily and knowingly recognise, accept and assume this risk and warrant that I am physically fit and able to perform the Yoga & Pilates Exercises without risking serious injury, including permanent paralysis or death. I acknowledge that neither the organisation/s, its owners, teachers or contractors of the organisation/s shall not be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever), for any injury, illness or other mishap I sustain arising from or out of, or in any way directly or indirectly connected with the Yoga & Pilates Exercises.
d. I understand and acknowledge that I am to receive instruction in Yoga Exercises and theory only. the organisation/s, its owners, teachers or contractors of the organisation/s are not liable for, nor expected to provide any advice, training or medical assistance other than in the form of the Yoga & Pilates Exercises.
e. I indemnify and will at all times hereafter well and sufficiently indemnify and keep fully indemnified the organisation/s, its owners, teachers or contractors of the organisation/s from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against the organisation/s, its owners, teachers or contractors of the organisation/s or incurred or become payable by the organisation/s, its owners, teachers or contractors of the organisation/s in connection with or arising out of any such injury, illness or mishap to me.
f. The tuition paid by me under this enrolment form to the organisation/s is non-refundable. the organisation/s may in its sole discretion grant refunds to me without prejudicing any of its rights.
This agreement shall be effective when signed, ticked or clicked on a read & proceeded with by each party, and its effective date is the latest of the dates set out below and/or on submission and or access & visiting premises is proceeded with.
EXECUTED BY
Manager / owner