This Agreement sets out the terms and conditions of your participation in the Passion Mapping Program. By you signing to accept these terms and conditions below, you agree to be bound by this Agreement. If you do not accept these terms, you must not participate in the Passion Maps Course.
What terms are useful to understand before reading this agreement?
Accredited facilitators – means those facilitators who have satisfied the ongoing accreditation standards of the Company.
Applicant or You – means an entity, also known as a mapper or Passion Mapper, which intends creating one or more Passion Maps as part of the Passion Map Course.
Company or Passion Maps – means Passion Maps Pty Ltd (ABN 66 002 679 147), its successors and assignees.
Confidential Information of a party (Discloser) means the following information, regardless of its form or whether the other party (Recipient) becomes aware of it before or after the date of this Agreement:
(a) all information treated by the Discloser as confidential; and
(b) disclosed by the Discloser to the Recipient or of which the Recipient becomes aware,except information:
(c) the Recipient creates (whether alone or with a third person) independently of the Discloser; or
(d) that is public knowledge other than as a result of a breach of confidentiality by the Recipient.
Materials – means the items supplied by the Company or an Accredited Coach to enable you to participate in the Passion Maps Course, including but not limited to: workbooks, disks, Passion Maps Templates, manuals,
assessments and profiles.
Intellectual Property – includes copyright, trademark, design, patent, semi-conductor rights, trade, business or company names, trade secrets, confidential or other proprietary rights and all other intellectual property defined by Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967 or any rights to register such rights and intellectual property whether created before or after the date of this Agreement and whether existing in Australia or otherwise and in all cases for the duration of such rights or intellectual property.
Passion Map Program – means the workshops, pre and post work and other activities that forms the basis of a Passion Map under the guidance of the Company or an Accredited Coach.
What do Passion Mappers promise to do when they undertake a Passion Map Course?
1. The Applicant agrees to complete the relevant application form before commencing the Passion Map Program and to pay all relevant Passion Maps Program fees and charges.
2. The Applicant agrees to use his or her reasonable endeavours to complete surveys and feedback forms as required to complete the Passion Map Course. The Applicant agrees and gives the right to Passion Maps to use their course photos or videos for promotional or educational purposes.
3. The Applicant agrees not to make the Materials available for use or interpretation to any person who is not an Accredited Facilitator or otherwise authorised to use the Materials.
What does Passion Maps agree to provide to Mappers?
4. The Company agrees to provide the Materials required to complete Passion Map Course as well as access to www.passionmaps.com.
Is the information provided by Applicants confidential?
The Applicant agrees that all information provided by him or her and the subsequent reports provided by the Company or the Accredited Coach, are confidential and that all will be stored securely to maintain this confidentiality. The Company reserves the right to aggregate information for research and learning purposes but in such a way that individual information cannot be identified.
What do Applicants need to understand about the ownership and use of the Company's Materials?
5. The Applicant acknowledges and agrees that all Intellectual Property in the Materials are the sole property of the Company. The Applicant agrees that he or she will not duplicate, photocopy, reproduce, rent, translate, sub-licence or do any other thing with the Materials that would be inconsistent with the Company's exclusive ownership of the Materials.
6. The Applicant acknowledges and agrees that the Material is the Confidential Information of the Company.
7. The Applicant must only use the Confidential Information of the Company for the purposes of participating in the Passion Maps Course and for no other purpose without the prior written consent of the Company.
8. The Applicant must keep confidential all Confidential Information of the Company and not disclose the Confidential Information to any third party except as required by law.
9. The Applicant agrees not to use the name of Passion Maps for any other process other than the one undertaken with the Company or Accredited Coach as part of the Passion Maps Course.
10. The Applicant acknowledges that they do not have any entitlement to use the Company logo, swirl or other branding materials without the prior written consent of the Company.
11. The Applicant agrees to not remove any copyright mark or statement of the Company in the Materials he or she uses during the Passion Maps Course.
12. The Applicant agrees that the Materials will be used only by the Applicant as part of their Passion Mapping activities, that all rights and obligations arising from this Agreement cannot be assigned by the Applicant and that the Applicant will not act as a sub-distributor of the Materials.
13. The Applicant agrees not to undertake to teach the Passion Map techniques to anyone without the prior written consent of the Company.
What do Applicants need to understand about Passion Maps' Intellectual Property?
14. The Applicant agrees to cooperate with the Company to safeguard and not to violate the Company's Intellectual Property, and agrees to inform the Company of any infringement by themselves or any third party of those Intellectual Property rights immediately upon becoming so aware.
What indemnities are provided by the Applicant to Passion Maps?
15. The Applicant hereby indemnifies the Company and Accredited Coach against any and all liability, loss or damage or costs made against or incurred or suffered by the Company, its Accredited Coaches directly or indirectly arising out of a breach of this Agreement by the Applicant or through the Applicant's participation in the Passion Maps Coach.
16. The Applicant acknowledges that any benefits derived from the Passion Mapping Course will depend on the extent of his or her participation. The Applicant therefore accepts full responsibility for the outcome and willingly agrees to follow all instructions and participate fully. He or she will not hold the Accredited Coach or the Company responsible for any actions taken as a result of a Passion Map Coach.
What if this Agreement changes or ends?
17. The terms of this Agreement will be reviewed on a regular basis, but in any event not less than annually, and subject to any alterations that may be agreed between the parties, this Agreement will continue in effect until terminated in accordance with clause 18 below.
18. This Agreement is intended to safeguard the Company, Accredited Coaches and the Applicant, and shall continue in effect until the Passion Map Course is completed by the Applicant.
19. The Company reserves the right to terminate this Agreement on fourteen (14) days written notice or immediately if the Applicant breaches these terms and conditions or fails to meet any of their obligations in completing the Passion Maps Course.
20. On termination of this Agreement by the Company under clause 20, the Applicant must return, at his or her cost, all Materials and the Confidential Information of the Company to the Company.
21. The parties agree that the following provisions of this Agreement survive termination; clauses 3, 1, 5, 6, 10, 11, 12, 13, 14, 15, 16, 23 Governing Laws and Jurisdiction
22. This agreement is governed by the laws of New South Wales in the Commonwealth of Australia. You agree to submit to the non exclusive jurisdiction of the Courts of that State irrespective of any conflict of laws principles.
Miscellaneous
23. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.