Incubator Terms and Conditions of Purchase

Therapists Rising

Therapists Rising: The Incubator

Terms and Conditions of Purchase

As at 13^th of February 2024

Introduction and Overview of Therapists Rising: The Incubator
- Therapists Rising (ABN: 33 660 188 821, ACN: 660 188 821) (The Company) was founded by Dr Hayley Kelly.
- The Company runs the program ‘Therapists Rising: The Incubator’ (the Program).
- The Program is a ten-week experience, to assist mental health-care practitioners, registered psychologists, and therapists to develop and grow their businesses.
Application of Terms and Conditions of Purchase
- This document constitutes the Terms and Conditions of Purchase (Agreement) between The Company, the Program, and its facilitators (“Us”, “We”, or “Our”) and you (“the Client”, “the Participant”).
- The Company and the Client agree that successful participation in the Program requires that both Client and the Company fulfil their obligations
- The Company agrees to:
  - Communicate with client honestly and promptly;
  - Facilitate the Program to the highest standard for the client, in a safe and ethical manner; and
  - Respond in a timely manner to questions and feedback from the Client with respect to the Program, its contents, and operations.
- The Client agrees:
  - To communicate with the Company honestly and promptly;
  - Engage in the Program to the fullest extent possible;
  - Be open to the coaching and guidance of the facilitators of the Program in order to achieve the greatest benefit from the Program;
  - That they understand the degree of success in the Program is dependent on their commitment and consistency;
  - They are solely responsible for implementing any techniques or changes recommended by the Program and its facilitators;
  - They understand every individual is different, and the Program and its facilitators cannot guarantee any particular result or outcome will be achieved through the client’s participation in the Program; and
  - They enter into the Program at their own risk.

The Program – Description & Structure

The Program runs for a ten-week period, commencing on the 12th of March 2024
The Program includes:
- Program Content
- Access to online student portal to connect with other participants, and to access all call recordings; and
- Access to additional resources including relevant digital and printed materials (pdf documents, websites, video and audio content).

Group Coaching / Group Question and Answer calls
- One (1x) group call with Dr Hayley Kelly or a member of her faculty/team/ or a guest presenter per week, for eight weeks of the ten-week period of the Program; and
- One (1x) group call with a member of the Companies faculty/team/ or a guest presenter per week, for eight weeks of the ten-week period of the Program; and

Private Incubator Community on Facebook
- As part of the Program, participants will have access to a private community on Facebook for the duration of the Program. This community is designed to provide additional support, collaboration opportunities, and a space for participants to ask questions and receive guidance from the Company and its facilitators. Access to this private Facebook community is granted for a period of ten (10) weeks, commencing on the start date of the Program and ending two (2) weeks after the release of the final module. After this ten-week period, participants will no longer have access to the private Facebook community. The Company reserves the right to moderate and manage the Facebook community to ensure a safe and supportive environment for all participants.

Relationship with The Company and The Program
- The Company is operated by Dr. Hayley Kelly, a registered psychologist.
- While Dr Kelly is a registered psychologist, the Program offered by the Company is not a psychology service.
- By consenting to participate in the Program, Participants acknowledge that they are participating in a coaching program and are not receiving psychological services from Dr. Kelly or any other facilitator of the Program.
- To avoid any potential conflicts of interest arising, clients of Dr. Kelly cannot be accepted as participants in the Program within at least six months of cessation of psychological services provided by Dr Kelly.
- Similarly, participants in the Program cannot be accepted as clients of Dr Kelly within a minimum of three months of completion of the Program.
- Any requests for cross-referral or registration between former clients of Dr. Kelly and The Program will be assessed on a case by case basis, and will only be accepted at Dr. Kelly’s discretion, depending on the individual circumstances.
- If in the course of participating in the Program, issues arise which in Dr. Kelly’s professional opinion is beyond the scope of the Program, a participant may be advised to see their GP and obtain a referral to consult with an appropriate clinician.
- Dr. Kelly may at any time and in her sole discretion, terminate a participant’s registration in the Program if Dr. Kelly considers it appropriate to do so. In the event of termination of a participant’s registration in the Program on this basis, a partial refund of the participant’s registration fees may be provided.

Information is Not Legal Advice
- Information and content provided to participants throughout the course of the Program, provided by the Company and its facilitators, does not constitute legal advice, and is provided for information only.
- The content is not intended to be comprehensive and is not a substitute for legal advice, and should not be relied upon as such. You should seek independent legal advice or other professional advice in relation to any particular matters you or your organisation may have.

Privacy and Disclosure of Personal Information
- As part of your participation in the Program, the Company needs to collect and record information from you.
- We enclose a copy of our Privacy Policy, which we request you read and acknowledge your understanding of, prior to signing this document.

Technology Requirements
- The Program is provided online through our Online Membership Centre, and by telephone and by videoconferencing. You are responsible for the costs associated with setting up the technology needed so you can access online content and participate in video conferencing workshops.
- To access the Program content, you will need access to a computer with video camera and speakers, and an internet connection, and a quiet private space.
- The privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used.

Fees
- The Program fee is:
  - Standard option: $1997 (AUD) (the Fee) upfront or three (3) instalments of $697 (AUD) per month on payment plan, or six (6) instalments of $357 (AUD). Program fees are inclusive of GST.
- The Fee must be paid in advance of commencing the Program.
- Payment plans can be negotiated with the Company, only prior to commencement of the Program. If a payment plan is agreed to, the participant will be provided with a copy of the plan to sign before commencing the program.
- By purchasing the Program, you understand that you are making a ten-week commitment to the Program and you agree to complete your Payment Plan, without exception. Refunds will be provided based on the refund policy detailed below.

Failure to meet payment obligations of the Fee will result in the suspension or termination of the Program and use of Program content.

The Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If the Client has an outstanding balance, the Company reserves the right to revoke access to all products and services associated with this purchase.
This section is subject to our overarching obligations under law, including pursuant to the Australian Consumer Law.

Intellectual Property
- All materials provided to you as part of the facilitation of the Program are the property of the Company and may not be duplicated, copied, reproduced, published, distributed or displayed in any form without the prior express written permission of the Company.
- All trademarks, logos, and service marks displayed on any materials provided as part of the Program or Program Content under this Agreement are protected by Australian and International copyright and intellectual Property laws.

Limitation of Liability
- The Company is not responsible to you or anyone else for any loss suffered in connection with engagement in the Program, including use of its content.
- The Company makes no warranties or representations about the Program or the content provided. We exclude, to the maximum extent permitted by the law, any liability which may arise as a result of participation in the Program or use of content. Where liability cannot be excluded, any liability incurred by use in relation to participation in the Program is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, we will not be liable for any indirect, special or consequential loss.

Severability
- If any provision of this agreement is held to be invalid by a Court, then the remainder of this Agreement shall remain in full force and effect.

Termination of the Program
- By purchasing the Program, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund of the Fee, or forgiveness of any outstanding monies owed under an agreed payment plan, should you engage in disruptive, abusive or otherwise inappropriate behaviour towards other participants or facilitators.
Refund policy
- If you have watched all of the modules, bonuses, and resources, completed the worksheets, implemented the steps in the program, and are still not satisfied with your results, we will refund your full investment within 60 days as long as you fulfill the following qualifications:
  - Attend all Live Coaching Calls
  - Submit all applicable completed worksheets and assessments for review
  - Show us the specific steps you've taken in applying the Formula to your business in its entirety
  - Share what specifically you're not satisfied with in terms of your results
  - Email the above qualifications to hello@therapistsrising.com