TERMS AND CONDITIONS – EVENTS AND PROGRAMS

1. DEFINITIONS

1.1 In these Terms:

Affiliate/s means Sansoni Management Pty Ltd ACN 661 451 136 which directly controls the Supplier and all other companies controlled by Sansoni Management Pty Ltd;

Agreement means any agreement for the provision of Goods or Services by the Supplier to the Customer and includes these Terms;

Customer means the person, jointly and severally if more than one, acquiring Services from the Supplier including the heirs, executors, administrators and permitted assigns of the Customer or being a company its successors and permitted transferees and its liquidators and administrators;

Goods means goods supplied by the Supplier to the Customer;

Event means any events supplied and hosted by the Supplier.

Fee means the fee paid or to be paid by the Customer for the provision of the Goods and/or Services by the Supplier.

GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated regulations as amended;

Party/Parties means the Customer and Supplier, severally and jointly;

Program means any programs offered by the Supplier.

Services means services supplied by the Supplier to the Customer which may include (without limitation) delivery of an Event or Program

Supplier means Aaron Sansoni Group International Pty Ltd ACN 642 332 821 and any Affiliates; and

Terms means these Terms and Conditions.

2. BASIS OF AGREEMENT

2.1 The Terms apply on commencement of the Services. Unless otherwise agreed by the Supplier in writing, the Terms apply exclusively to the Services and cannot be varied by the Customer.

2.2 The Supplier may vary or amend the Terms at any time. Any variations or amendments to the Terms will apply to Services being supplied to the Customer from the date of variation.

3. FEES AND PAYMENT

3.1 Payment of the Fee for the Services by the Customer is made by purchase of a Program or an Event through the online payment page.

3.2 Fees for the Services include GST and any other taxes or duties imposed on or in relation to the Services.

3.3 The Supplier may vary its Fees and payment terms at any time.

Empire Money Back Guarantee: Empire Fast Track Package and Empire Builder Package

3.4 The Supplier will offer and provide a money back guarantee for the Empire Fast Track Package and Empire Builder Package (Guarantee) subject to the requirements under clauses 3.5 and 3.6 below being met.

3.5 Guarantee eligibility requirements: To be eligible for the Guarantee, the Customer must successfully complete and provide supporting documented evidence for each of the following components:

a) Empire Mastery Attendance: Attendance at all four days of the Empire Mastery program.

b) Accountability Meetings: Attendance at four quarterly accountability meetings with Supplier’s Master Trainer and/or chosen team members and demonstrated implementation of meetings actions.

c) Empire Mastery 12 Pillars Implementation: 3 (“three”) real-life examples of implementing the core lessons from each of the 12 Pillars taught during the Empire Mastery program (see outline of 12 pillars: https://aaronsansoni.com/empire-mastery/). Including submitting a written case study demonstrating the specific actions taken and the key learnings:

1. d) Deal Mastery Implementation: Completion of the Deal Mastery component (on-demand), specifically evidence of:

• (i) Virtual Completion: completion of all modules of the 3-day Deal Mastery virtual/on-demand training;
• (ii) 52-Week Implementation: undertaking of “first meet” conversations, documented for a continuous 52-week period of meetings; and
• (iii) Analysis: undertaking of a full deal analysis.

3.6 Guarantee application requirements: To apply for the Guarantee, the Customer must provide the supporting evidence outlined in clause 3.5 (a through d) above in writing within 7 days of the 12-month anniversary date of purchase of the program.

4. EVENTS

4.1 Customer and any additional guests of the Customer must be a minimum age of 18 years old to attend an Event.

4.2 Events are non-transferable. Event tickets (including guest passes) must be used within a period of 12 months from the purchase date. If the Customer is unable to attend an Event within the 12 month period, Customer must notify the Supplier and request an extension in writing at least 30 days prior to the expiry of the Event ticket. The Supplier may provide an extension at its discretion.

4.3 Each 12-month term of a Program will include a set of the Event tickets included as a bonus item.

4.4 Deal Mastery Guarantee tickets only: The Customer may request a full refund relating to “Deal Mastery Guarantee” if Customer has met the following pre conditions:

a) completed attendance at the 3 day Deal Mastery Event;

b) provided evidence of first meet conversations and documented for a 52-week period of meetings undertaken;

c) provided evidence that a full deal analysis has been undertaken; and

d) applies for the Guarantee in writing within 14 days of the 12 months anniversary of completing the 3 day Deal Mastery Event.

4.5 Customer must not film or record any part of an Event. Should Customer engage in disruptive behavior at an Event, Supplier may require that Customer leave the Event without refund.

5. PROGRAM ENROLMENT

5.1 Enrolment in a Program commences from the date of payment for the Program (whether a first instalment or full payment).

5.2 Once enrolment has been completed, the Customer acknowledges that the Supplier will commence organising Events, event venues, and staffing based upon the Customer’s participation and enrolment.

5.3 Subject to clause 5.4, Programs are for a 12-month term. Payment may be made in full for the 12-month term or via a monthly instalments. Any changes to payment method must be completed within 7 days of purchase. If Customer goes into debt with respect to payments, Services may be suspended.

5.4 With respect to LBDx and Empire Boardroom Programs only, after the initial 12-month term enrolment continues on a month to month basis with monthly upfront payments.

5.5 If the Customer pays a deposit (during an initial Program) for a second 12-month term and the Customer decides not to proceed, the deposit is non-refundable.

5.6 If Customer decides to downgrade or upgrade with respect to a currently enrolled Program, the term of the downgraded or upgraded Program will be 12 months from the date of enrolment in that Program. In accordance with clause 6.2 below, the Cooling Off Period will not apply to downgrades or upgrades.

5.7 Subject to clause 6.1 (the Cooling Off Period), cancellation of a Program within the initial 12-month period is not permitted.

5.8 If Customer does not wish to continue with a Program after the initial 12-month period, Customer must notify the Supplier in writing within 30 days prior to the end of the 12-month period.

Coaching

5.9 Programs include personal coaching services as set out in the Program details. A coach will be assigned to Customer at the sole discretion of Supplier, taking into account the needs of the Customer. Should Customer or the assigned Coach consider that a transfer to a different coach would be a better fit, Customer may contact Supplier requesting a transfer.

5.10 The number of coaching sessions is set out in the Program details. There are no “make-up” sessions for missed scheduled coaching sessions.

Partner Discount and Guest Passes

5.11 Where the Customer has enrolled in a Program as the partner of a full fee-paying participant and has received a partner discount with respect to the Program, should the Customer’s full fee-paying partner cancel, the partner discount will no longer apply and the Customer will be required to pay the full fee for the Program.

5.12 Any guest passes or tickets associated with the Customer’s enrolment in a Program must be used for the same Event the Customer is attending. Guests cannot attend any Event without the Customer present.

5.13 Guest pass tickets hold no monetary value and cannot be refunded, sold, or traded with any other party.

Bonuses

5.14 If the Customer holds bonus coaching sessions included as part of the Services which remain unused after the delivery or completion of the Services, the Customer must use the coaching sessions within 3 months of the completion of the Services.

5.15 If the Customer holds bonus Event tickets included as part of the Services, the Customer must use the Event tickets within the 12- month Program term.

5.16 Any online programs associated with the Services are only able to be accessed by the Customer while the Customer is enrolled in a Program.

6. COOLING OFF PERIOD

6.1. Subject to clause 6.2, the Agreement with respect to enrolment into Programs is subject to a 5-business day cooling off period, beginning from the date of execution (Cooling Off Period). During the Cooling Off Period, the Customer is entitled to a full refund of the Fee, upon request in writing, less the value of any product or bonus items provided by the Supplier to the Customer.

6.2 The Cooling Off Period does not apply where a Customer upgrades or downgrades any Program.

6.3 Any Cooling Off Period refunds will be processed by the Supplier within 20 business days on receipt of the written request. The Customer must sign a refund waiver to receive the refund.

7. TESTIMONIALS

7.1 Customer acknowledges that the Supplier is permitted to use any testimonial provided by the Customer regarding the Supplier, or a presenter associated with the Supplier, in part or whole, to promote the Supplier in any format, at any time, for marketing and/or training purposes.

8. DISCLAIMER

8.1 The Customer acknowledges that the Supplier does not provide any guarantee of specific results and/or outcomes in respect of the Services supplied to the Customer and that any and all individual results or outcomes of the Services, including coaching and mentoring Programs, may vary.

8.2 Customer acknowledges that in providing the Services, the Supplier does not provide financial or legal advice. Customer acknowledges that use of any information or materials supplied by the Supplier is entirely at the Customer’s own risk, for which the Supplier will not be liable. Before relying on the Services, the Customer is advised to independently verify the currency, completeness and relevance of the Services, and to seek appropriate independent professional advice.

8.3 The Services may include views and/or recommendations of third parties, which do not necessarily reflect the views of the Supplier or indicate the Supplier’s commitment to a particular course of action.

8.4 Any links provided by the Supplier to the Customer with respect to websites or products, is provided for the Customer’s information, and does not constitute the Supplier’s endorsement of the material, associated organisation, products, goods, and services portrayed on the websites.

8.5 Any references to any company or person in relation to the Goods and Services provided to the Customer do not constitute the Suppliers endorsement of the products, goods and/or services provided by that company or person.

9. INTELLECTUAL PROPERTY

9.1 Intellectual Property Rights means any and all rights resulting from intellectual activity including copyright or work of authorship; inventions (including any patent), trade marks, designs; any business, trade or commercial name or designation, brand name, internet website or domain name, or logo; confidential information, trade secrets, and technical data; information, know how and techniques (whether or not confidential), including data, manuals and instructions whether registered or unregistered.

9.2 Customer acknowledges that any information and/or materials provided by the Supplier in the conduct of the Services including but not limited to Program and/or Event written materials, images, photographs and videos (Supplier Materials) may contain proprietary and confidential information of the Supplier including Intellectual Property Rights. The Supplier owns all rights, title, and interest, including all related Intellectual Property Rights, in respect of the Supplier Materials and the Goods and Services generally.

9.3 The Supplier Materials are copyright of the Supplier and protected by Australian copyright law. The Customer is not permitted to, and agrees not to, copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Supplier Materials or Goods and Services generally, in whole or part. If the Customer breaches this clause, Supplier may commence court action seeking injunctive relief and monetary damages.

10. LIABILITY

10.1 To the extent permitted by law and except as expressly provided to the contrary in the Agreement, the Agreement does not include by implication any other term, condition, or warranty of any kind in respect of the quality, merchantability, acceptability, fitness for purpose, or performance of the Goods or Services.

10.2 Supplier’s liability for breach of any conditions and warranties implied by statute that are not excludable, or for any direct damages or losses whether in contract or tort (including negligence or otherwise) in respect of provision of the Services, is limited to the total amount paid by the Customer in respect of the Services.

10.3 Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by law.

10.4 Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any laws applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

11. PRIVACY AND CONFIDENTIALITY

11.1 Supplier will comply with all applicable privacy laws in respect of providing the Services.

11.2 The Customer acknowledges that the Supplier collects, stores, and uses any personal information of the Customer in accordance with the Supplier’s Privacy Policy which can be accessed at: https://aaronsansoni.com/privacy policy/.

11.3 Customer acknowledges and authorises Supplier to obtain information with respect Customer’s credit worthiness from any bank, credit reporting agency, or referee for the purpose of assessing Customer for credit, or in connection with any guarantee given by Customer.

11.4 Customer acknowledges that their personal information is being collected by Supplier to register the Customer for the Services and to facilitate the conduct of the Services and to inform Customer of related products and services offered by the Supplier.

11.5 Customer acknowledges that their personal information may be disclosed to: a) Supplier’s contractors and agents (such as conference organisers and information technology providers) and may be transferred overseas for these purposes; and b) to Supplier’s Affiliates, for marketing and business purposes.

11.6 Customer acknowledges that an Event or aspects of the Program may be recorded by Supplier using various media and such media may include an image of the Customer. Customer acknowledges that Supplier may sell or give away such videos, audio cassette, photographs and transcripts of any Event and use them in its marketing and advertising programs (both in Australia and overseas). Customer may opt out of use of their image by contacting supplier at support@aaronsansoni.com.

12. DISPUTE RESOLUTION

12.1 Each Party agrees that if any dispute or difference arises between the Parties in relation to the Agreement or the Services, such dispute or difference must be resolved in the following manner:

(a) first, either Party must provide the other Party with a written notice, setting out the dispute or difference (Dispute Notice);

(b) on receipt of a Dispute Notice, the Parties must use their best endeavours to resolve the dispute, including meeting with each other to discuss a possible resolution;

(c) if the dispute or difference is unresolved, after 14 days of the Dispute Notice or such other time as agreed between the Parties in writing, the Parties must refer the dispute or difference for a mediation to a single mediator:

• (i) who is agreed to by the Parties; or
• (ii) if no agreement is reached within 7 days, who is appointed by the then President of the Law Institute of Victoria; and

(d) the Parties must use their best endeavours to resolve the dispute at mediation, including attending, in person or by representative, every session of the mediation.

12.2 A Party may not commence a proceeding in a court or tribunal relating to the dispute unless it complies with clause 12.1 except where the Party seeks urgent interlocutory relief or this Agreement provides such a right.

13. MISCELLANEOUS

13.1 The Agreement is governed by and construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

13.2 The Supplier’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier’s rights.

13.3 If any provision of this Agreement is determined by a court to be invalid or unenforceable, such provision shall be deemed deleted but only to the extent necessary and the remaining provisions of this Agreement shall remain in full force and effect.

13.4 The Supplier is not liable in any way howsoever arising under the Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If any such event occurs, the Supplier may suspend or terminate the Services by written notice to the Customer.