PowerProv™ Workshop and Event Terms & Conditions
Last updated 15 April, 2022
Thank you for booking a workshop with PowerProv.
Below are all the things our lawyers make us share with you and that you must agree to in order to complete your booking. Don’t be alarmed, it’s all in the interest of keeping everyone safe and ensuring we have a great experience together.
By engaging PowerProv or participating in our training you accept the following terms and conditions:
ACCEPTANCE OF RISK AND RELEASE FROM LIABILITY
I, the undersigned, on behalf of myself and/or our employees, officers, partners and associates, recognise and accept the inherent risks and hazards involved with participation in activities with PowerProv. There are risks involved with any physical-related activity, and I/We have decided to participate in these activities having so acknowledged and accepted the risks involved.
It is the intent of this agreement to exempt and relieve PowerProv, its officers, agents, employees and volunteers from any and all liability including for personal injury, emotional distress, property damage or wrongful death caused by negligence. I (he/she) on behalf of myself and/or our employees, officers and associates, hereby surrender any right to seek reimbursement from PowerProv. and its directors, officers, employees, and other agents for injury sustained and liability incurred.
I recognise that PowerProv has not undertaken any duty or responsibility for my safety and understand that I assume full responsibility for all risk of bodily injury, death, disability, and property damage as a result of participating in these activities.
I understand that as a PowerProv participant, I am expected to behave in a professional manner and be respectful of both my fellow participants and the Facilitator. Consuming alcohol, illegal substances, chewing gum, taking phone calls or text messages, and any other behaviour deemed disruptive by the Facilitator will not be tolerated and offenders may be asked to leave.
DRUG & ALCOHOL POLICY
We want you to have a clear head in order to perform at the top of your game. Do whatever you like after your workshop, but please don’t show up under the influence of drugs or alcohol. Anyone who is obviously intoxicated will be asked to leave. If you believe yourself or some other person to be affected by drugs or alcohol you have a responsibility to declare yourself unable to take part in the workshop or inform a properly authorised representative of PowerProv of your suspicions as the case may be.
You are required to refrain from any action or statement that may reasonably be expected to abuse, insult, demean, harass, harm or distress any other person participating in the activity with which you are involved. Any person believed to have recklessly or deliberately undertaken such actions or statements will be required to stand down until a proper investigation of the incident has been carried out by PowerProv and/or yourselves. If you are aware of or believe that an incident of harmful, harassing, demeaning, insulting or abusive behaviour (whether it be verbal or physical) has taken place, either at an PowerProv activity or externally if the incident nonetheless impacts upon your or any other person’s ability to safely participate in PowerProv activities, then you have a responsibility to inform a properly authorised representative of PowerProv. Please be aware that if you believe any incident might be criminal in nature then your primary responsibility is to report it to the police.
SEXUAL HARASSMENT POLICIES
I understand that during the creative process of PowerProv classes I (he/she) may be exposed to activities and dialogue that may be interpreted as sexually or otherwise offensive. I understand Facilitators and participants should make every effort to limit the production of such material. If I have a complaint about any type of harassment, I understand that I should discuss the matter with PowerProv management.
Workshop Fees are non-refundable. In the unforeseeable event your workshop is cancelled by us PowerProv will reschedule or offer a credit towards a future workshop. If your event is cancelled by you, PowerProv may at its discretion choose to reschedule or offer a credit towards a future workshop.
I understand that workshops are not always guaranteed based on the Facilitator assigned to them. The Facilitator currently attached to my workshop may be changed at any time for any reason and I agree that fees are non-refundable.
I recognize that PowerProv has not undertaken any duty or responsibility for my safety and understand that I assume full responsibility for all risk of bodily injury, death, disability, and property damage as a result of participating in these activities.
I certify that I am physically and emotionally fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no physical or mental health-related issues, reasons or problems which preclude my participation in this activity or event.
I acknowledge that this activity or event may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, electricity, fire, smoke, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, production crew, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to participants but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event and I hereby release and forever discharge PowerProv /Notice Pty Ltd from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a student, performer, volunteer or any other associated role/activity.
In consideration of my (my team, employees, colleagues, associates, etc.) participation in this activity, and/or my application and permission to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
I voluntarily release, discharge, waive and relinquish all claims or actions that I (he/she) may have against PowerProv/Notice Corp., its officers, agents, employees, representatives, successors and assigns, for bodily injury, emotional distress, property damage, and/or wrongful death, occurring or arising out of or in any way connected to my (his/her) participation in this activity, including, but not limited to, those claims or actions arising out of any negligence on the part of PowerProv, its officers, agents, employees, representatives, successors and assigns.
It is the intent of this agreement to exempt and relieve PowerProv, its officers, agents, facilitators, teachers, performers, special guests, employees, and volunteers from any and all liability including for personal injury, emotional distress, property damage or wrongful death caused by negligence. I (he/she) hereby surrender any right to seek reimbursement from PowerProv/Notice Corp. and its directors, officers, employees, and other agents for injury sustained and liability incurred.
I indemnify, hold harmless, and promise not to sue the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event or any associated events whether caused by the negligence of release or otherwise.
I understand that PowerProv/Notice Pty Ltd does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, workers, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of PowerProv /Notice Pty Ltd beyond what may be offered freely by PowerProv /Notice Pty Ltd in the event of injury or medical expenses incurred by me.
PHOTOGRAPHY & FILMING
I do hereby grant and give PowerProv, its officers, agents, employees, representatives, successors and assigns the right to record photographic, video and/or audio recording media, and the unlimited right to use my name, my or my staff’s photograph or image both singly and in conjunction with other persons or objects and presentations, advertising, publicity, and promotion relating thereto. These may be edited by or on behalf of the Business/Team at its discretion, for showing throughout the world on television, the Internet, on DVD and in/on any present or future media, including in advertising and publicity on a non-exclusive basis in perpetuity.
CONFIDENTIAL INFORMATION / NON-DISCLOSURE
Purpose: In relation to PowerProv’s proprietary curriculums, workshops, clients, fees/payments, growth strategies and general business.
Term: In perpetuity
1. The consideration for each party entering into this Agreement is the provision of Confidential Information by the Discloser and the Recipient’s agreement to keep the Confidential Information confidential. Each party acknowledges that this is valuable consideration.
2. The Recipient must keep all Confidential Information in strict confidence and use it solely for the Purpose. The Recipient must ensure that only its officers with a need to know the Confidential Information for the Purpose have access to the Confidential Information. The Recipient must ensure that all such officers who have access to the Confidential Information keep the Confidential Information in strict confidence.
3. It is not a breach of this Agreement for the Recipient to disclose Confidential Information which it is obliged to disclose by law or court order. If the Recipient is required or anticipates that it may be required to do so, it must immediately notify the Discloser and use reasonable endeavours to delay and withhold disclosure until the Discloser has had a reasonable opportunity to oppose disclosure by lawful means.
4. The Recipient must destroy or return to the Discloser all of the Discloser’s Confidential Information immediately upon request by the Discloser. The Discloser does not make any representation or warranty that the Confidential Information does not infringe the rights of another person or as to the accuracy of the Confidential Information. Neither party is liable to the other for any infringement or inaccuracy in the Confidential Information.
6. Each Party acknowledges that, in addition, to any other remedy that may be available in law or equity, the other Party is entitled to interim, interlocutory and permanent injunctions to prevent breach of this Agreement and to ensure specific performance of the Agreement.
7. The laws of New South Wales govern this Agreement.
“Confidential Information” means this Agreement (including the existence of this Agreement, the Purpose (including the existence of the Purpose) and all information concerning the Discloser or which is the property of the Discloser and which is disclosed in writing, orally or by any other means to the Recipient or its representatives. It includes any notes, copies, curriculums, training guides, or extracts made by the Recipient or its officers in relation to this information but does not include information which the Recipient can prove to the reasonable satisfaction of the Discloser:
(i) was publicly available, other than as a result of a breach of this Agreement;
(ii) that the Recipient obtained it from a third party without breach by that third party of any obligation of confidence concerning that Confidential Information; or
(iii) was already in the possession of the Recipient before being provided by the Discloser.
All content is copyright © PowerProv unless otherwise stated. This includes, but is not limited to: all text, images, graphics, audio commentary, visual presentations, games, exercises, tools, programs and any course-related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during training is for the sole use of the company and/or individual.
PowerProv reserves the right to modify, cancel and limit any training, service or promotion. We reserve the right to refuse participants for any reason. Purchasing a Corporate Training Program/Workshop allows a limited number of persons to access the training course as outlined on your invoice or as agreed.
No warranties or guarantees are made in any of the material, tools, or exercises taught by PowerProv. By using any of the material provided you accept all liability for your actions. Except for the express representations and warranties stated.
Completion of your registration means you agree to the following statement: I certify that I have read this document (or webpage), and I fully understand its content. I am aware that this is a release of liability and a contract and by completing registration I agree to comply with/to all of these terms of my own free will. I understand and agree to follow the above rules and regulations set by PowerProv and any/all of the above named/related parties.