Forest School Skills Agreement 

This Agreement constitutes a contractual offer made by Where the Wildlings Grow (“the Company”) for you the participant named in the Schedule to this agreement (“Participant”, “You”, “You’re”) to enter into an agreement with the Company on the terms set out in this agreement (“Offer”). Unless otherwise agreed by the Company in writing, the Offer expires 48 hours after the Company has provided you with a copy of this Agreement, unless it is accepted by you before it expires. 

You accept the Offer and enrol in the Forest School Skills program (“the Program”) when you sign and return a copy of this agreement to the Company and pay to the Company any applicable fees for the Program on enrollment, as set out in clause 3 of this agreement. If you fail to return a signed copy of this agreement to the Company and pay to the Company any applicable fees prior to expiry of the Offer, your acceptance into the Program will be forfeited.

1. THE PROGRAM 
2. a) When you enrol in the Program, and subject to your payment of all applicable fees, the Company will, until the conclusion of the Program, or earlier termination in accordance with the terms of this agreement:
3. grant you access to the Program course curriculum and templates for creating your own Forest School Skills. The course curriculum and templates will be added to the platform as the course progresses and not all uploaded from the commencement date; 
4. grant you with access to the Forest School Skills Online Community; 

2. PROGRAM TERM 
3. a) The Program will be available for the lifetime of the course, which will be for a minimum of one year. 

3. PROGRAM FEES
4. a) The fee for the Program (“Program Fees”) can be paid in one of two ways, being a one-off lump sum payment of the Program Fees on entering into this Agreement (“Pay in Full Program Fee”) or 12 equal monthly payments (“Payment Plan Program Fee”). You must select your chosen payment method for the Program Fee at the time of enrolling in the Program, and this cannot be changed at a later date. The total Program Fee payable depends on the payment method you choose
5. b) If you select the Payment Plan Program Fee, you will be charged for the initial payment at the time of enrolling in the Program and you will be charged the subsequent payments, each of the same amount, on the monthly anniversary of the initial payment each month for the 11 months which immediately follow your initial payment. If you select the Pay in Full Program Fee, you will be charged the Pay in Full Program Fee for the Program at the time of enrolling in the Program. All amounts are inclusive of GST
6. c) You authorise the Company to automatically charge the credit card provided by you at the time of enrollment for the Program Fees when they are due for payment, as set out in this agreement. You agree to keep your personal and payment information current and up to date with the Company and to immediately notify the Company of any changes to these details. For the avoidance of any doubt, despite any automatic adjustments to the payment dates made by any third party payment provider (such as Stripe or Paypal), you agree that payments must be made on the due dates for their payment as set out in this agreement and to do all things reasonably necessary in order to make the payments by those due dates.
7. d) If any payment of your Program Fees returns an insufficient funds or declined notification for any reason, or you fall behind on your Program Fees at any time and for any reason, the Company may immediately thereafter restrict or revoke your access to the Program, until such time as you have brought the outstanding payment up to date as set out in this agreement. The Company will not be liable to you for any refund of the Program Fees for any period of restricted or revoked access due to your delayed or non-payment of the Program Fees, nor will you be granted with any extended period of access to the Program due to any periods of restricted or revoked access. 
8. e) For the avoidance of doubt, any restriction or revocation of your access to the Program, or termination of this agreement by the Company in accordance with the terms of this agreement does not negate your obligations to continue paying any Payment Plan Program Fee for the remainder of the term of the Program.
9. f) You acknowledge and agree that in the event that you fail to pay all Program Fees as required under this agreement, the Company’s loss and damage may include all of the unpaid amount of the Program Fees. 

4. REFUNDS 
5. a) Subject to clause 4(b) of this agreement, due to the nature of the Program and the fact that you begin to obtain access to the Program materials and the Forest School Skills online group from the time of your enrollment in the Program, the Company will not provide you with any refund of the Program Fees paid to the Company by you in circumstances where you change your mind or where your circumstances change, or if the Company terminates this agreement in accordance with this agreement. 
6. b) The services and digital goods provided by the Company as part of the Program may come with guarantees that cannot be excluded by the Company under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”). All terms of this agreement granting the Company with rights and limiting the Company’s liability or obligations, are to be read as being to the maximum extent permitted by law. Nothing in this agreement is intended to modify or otherwise effect your rights under the Australia Consumer Law and any other related legislation. 

5. INTELLECTUAL PROPERTY 
6. a) All intellectual property rights in and to the Program, the content made available as part of the Program and all materials distributed in connection with the Program are owned by the Company. 
7. b) You agree not to use any Program content to teach any third party, create new materials for the purposes of teaching or coaching third parties, disclose or discuss any information revealed in any part of the Program or otherwise infringe on the intellectual property rights of the Company.
8. c) In consideration of your payment of the Program Fees, the Company grants to you a limited, personal, non-exclusive, non-transferable licence to access the Program for your own personal and non-commercial use. 
9. d) Except as otherwise provided in this agreement, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any other way exploit any part of the Program or any materials provided in connection with the Program in any way. 
10. e) You are expressly prohibited from removing any copyright notice, author mark or trademark from any part of the program.
11. f) The Company may immediately restrict or terminate your access to the Program or terminate this agreement if you breach or threaten to breach this clause 5 of this agreement.

6. CONFIDENTIALITY 
7. a) You acknowledge that the nature of the Program means that any information provided or otherwise shared by you with the Company or other participants of the Program, whether as part of coaching call discussions, online group interaction, or otherwise are not confidential and the Company accepts no liability to you for any loss suffered by you as a result of you disclosing your confidential information during your participation in the Program. 

7. PARTICIPANT CONDUCT 
8. a) You agree to conduct yourself in a professional, dignified manner and will not engage in any activity that is detrimental to the health, safety, wellbeing or welfare of any other participant in the Program. You must not post any content or behave in a manner that is obscene, offensive, anti-social, defamatory, or in any way unlawful, and you must not use the Facebook community to market or supply any goods or services.
9. b) You acknowledge that the Company reserves the right to remove you from the Program, without liability or reimbursement, if the Company, in its sole discretion, determines that your behaviour creates a disruption or otherwise hinders the enjoyment of the program by other participants. 
10. c) The Program may only be accessed by you, being the person on record as the customer of the Company, and usernames, passwords, content, materials or other resources are not permitted to be shared with any third parties. We may immediately terminate this agreement without liability or reimbursement to you if we reasonably believe that you have shared the Program or any Program materials with any third party.
11. d) You assume all risk and/or liability that may arise or be incurred whilst a participant in the Program. 
12. e) You agree to fully participate in the Program to obtain the benefit of the services offered by the Company as part of the Program.
13. f) You acknowledge that you will be required to have internet access and may need to have other certain accounts, equipment, programs, subscriptions and / or software licences in order to obtain the full benefit of the Program and / or implement the advice set out in the Program. Some of these may come at an additional cost to you, charged by third party providers. 

8. RELEASE 
9. a) You irrevocably consent to the Company using any images, audio recordings, video recording and/or copy/text obtained of you while you are/were enrolled in the Program. This includes any content you may publish to any social media account or online platform, statements, images or recordings about your participation in the Program. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your name, likeness or content appears.
10. b) You agree to release and hold the Company harmless from all claims, demands and causes of action which you, your representatives or your estates have or may have by reason of the consent provided in this clause 8 of this agreement. 

9. ERRORS, INACCURACIES, OMISSIONS OR DELAYS 
10. a) Information provided about or in the Program is subject to change. 
11. b) The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. To the maximum extent permissible by law, the Company disclaims all liability for any inaccuracy, error or omission in the Program. 
12. c) The course materials for the Program are general in nature and do not take into consideration the specifics of your own personal circumstances, business obligations, limitations, legal or contractual requirements. 
13. d) The Company utilises technology and third party owned course platforms in order to deliver the Program to you. The Company will not be liable for any delay in providing the Program to you which is caused or contributed to by a technical issue or discontinuance of a platform outside of the Company’s reasonable control. If a third party platform becomes unavailable for an extended period of time during the term of the Program, the Company will take reasonable steps to migrate the Program to another platform and notify you of the migration and anything needed to access the Program on the new platform. 

10. WARRANTIES
11. a) The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and to the maximum extent permissible by law, disclaims all implied warranties. 
12. b) By enrolling in the Program, you accept and agree that you are fully responsible for your own progress and results. The Company offers no representations, warranties, or guarantees verbally or in writing regarding your future earnings, marketing performance, business profits, customer growth, or results of any nature. 
13. c) You acknowledge that the Company does not guarantee that you will achieve any results at all as a result of any of the ideals, recommendations, matters of opinion, strategies or content presented in the Program. Nothing in the Program is a guarantee to you of any result. 
14. d) Any testimonials, examples, case studies or references by the Company to income or results achieved by others are not meant as a promise or guarantee of your own results, earnings or achievements inside the Program. 

11. SURVIVAL 
12. a) Clauses 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 17, 18 and 19 will survive termination of this agreement. 

12. GOVERNING LAW 
13. a) This agreement is governed by the law in force in the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement. 

13. DISPUTE RESOLUTION 
14. a) Both you and the Company agree to use reasonable endeavors to resolve any dispute that arises in connection with this agreement by mediation before bringing a legal claim or starting legal proceedings against the other. 
15. b) Nothing in this agreement prevents either you or the Company from seeking any urgent equitable relief in relation to rights under this agreement. 
16. c) If any legal action is brought for the enforcement of this agreement, the prevailing party is entitled to recover reasonable legal fees and other costs incurred in that action, in addition to any other relief to which they may be entitled. 

14. LIMITATION OF LIABILITY 
15. a) You agree that under no circumstances will the Company be liable for any indirect, special, consequential or punitive loss arising out of or in relation to this agreement or the provision of the Program, irrespective of whether the Company has been advised of the possibility of any such damage. 
16. b) Where the services provided to you as part of the Program fall within the scope of the Australian Consumer Law, the Company’s liability to you for any loss or causes of action arising in relation to this agreement is limited to the fullest extent permissible under section 64A of the Australian Consumer Law; that is, to the supply of the services again or to pay the cost of having the services supplied again. 
17. c) Where the services provided to you in the Program fall outside the scope of the Australian Consumer Law, the Company excludes all liability to you for any loss or causes of action arising in relation to this agreement and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against the Company relating to the provision of the goods and services, however arising. 
18. d) In the event that the limitation of liability set out in clause 14(C) of this agreement is found by a court of competent jurisdiction to be void or unenforceable, and it is severed from this agreement, you agree that the Company’s liability to you for any loss or causes of action arising in relation to this agreement will be limited to the amount of the Program Fees. 

15. ENTIRE AGREEMENT 
16. a) This Agreement constitutes the entire agreement between you and the Company pertaining to the Program. It supersedes all prior agreements, representations and understandings between you and the Company. 
17. b) No modification or waiver of any of the provisions of this agreement by the Company shall be deemed or shall constitute a waiver of any provision, whether or not similar, nor shall it constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. 

16. EFFECT OF HEADINGS 
17. a) The subject headings in this Agreement are for convenience only and shall not affect the manner in which the Agreement is construed. 

17. SEVERABILITY 
18. a) If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, it shall be severed from this agreement and the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

18. NOTICES 
19. a) A notice or other communication to a party to this agreement must be in writing and delivered to that party by email to their email address, when it will be treated as received when it enters the recipient’s information system. The email addresses for service of notices pursuant to this agreement will be as follows:
20. If sending a notice to the Company – to [email protected];
21. If sending a notice to the Participant – to the email address noted as the Participant’s email address in the schedule to this agreement. 

19. COMMUNICATION 

The Company and the Participant each consent to communicating with each other electronically (including electronic execution and exchange of this agreement) and acknowledge that electronic transmissions can be corrupted or intercepted, may not be delivered and may contain viruses. Neither the Company nor the Participant is responsible to the other for any loss suffered in connection with the use of email as a form of communication between them.