MEDIA MENTORS AUSTRALIA -  MENTORING TERMS AND CONDITIONS

This Agreement is between the Mentor and the Client.  By moving forward with the mentoring services you agree to the following terms.

 

Parties

 

Client: The purchaser of the service ("the Client")

 

And

 

Mentor: Media Mentors Australia of 12 Marine Parade, St Kilda, 3182 Victoria ("the Mentor")

 

IN THIS AGREEMENT THE PARTIES AGREE:

 

Term

  • This Agreement will begin on the date of purchase. 

  • The time, dates, frequency and location for the provision of the mentoring services will be mutually agreed upon by the Mentor and the Client. 

  • The mentoring services to be provided by the Mentor to the Client will be either face-to-face (including via video conference) or telephone based, and as agreed by the parties.  In the absence of agreement, the mentoring services will be provided in a method selected by the Mentor.

  • In the event that the mentoring services are provided at the Mentor’s home or office, the Client agrees to hold the Mentor harmless from any action, claims, liability, injury, damage or loss in respect of his or her attendance at the Mentor’s home or office.

 

Fees

  • The fees and payment terms are as stated on the website.

  • All fees must be paid in advance of each package or session (as applicable) commencing, unless a separate agreement is reached. 

  • At least 24 hours’ notice is required for cancellation and/or rescheduling of any session.  

 

Services

  • Mentoring is partnership (defined as an alliance, not a legal business partnership) between the Mentor and the Client in a thought-provoking and creative process that inspires the Client to maximise his or her personal and professional potential.  It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

  • Introductions to Industry Professionals may occur where necessary but we do not operate a ‘introductions for cash’ service. 

  • Mentoring is an unregulated industry, therefore we don’t have an official code of ethics. However we will maintain a professional and ethical relationship with you and in our dealings with you.

  • The Client warrants that he or she is over 18 years of age.

  • The Mentor will engage in direct and personal conversations with the Client.  The Client understands that this requires a co-active collaborative approach between the parties.  The Client can, at any point, declare his or her preference not to discuss a specific issue, by simply stating this.  The Mentor agrees to respect this boundary and will not attempt to forward the conversation further along those lines.

  • The Mentor will not make decisions for, nor impose any solutions on the Client.  It is the Client's responsibility to enact or bring about change. 

  • The Client is solely responsible for creating and implementing his or her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the mentoring relationship and his or her mentoring calls and interactions with the Mentor.  As such, the Client agrees that the Mentor is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Mentor.  The Client understands mentoring is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

  • The Client acknowledges that mentoring does not involve the diagnosis or treatment of mental disorders and that mentoring is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the mentoring relationship agreed upon by the Client and the Mentor.

 

Intellectual Property

  • All written and other materials provided by the Mentor to the Client remain the property of the Mentor and must not be shared, disseminated, published or otherwise repurposed by the Client.

  • The intellectual property of any pre-existing creative ideas the Client brings to discuss during a session will remain theirs, and any contributions made by the Mentor to the idea will be the Clients. 

  • The nature of ideas is that they exist in the zeitgeist; all ideas discussed during a mentoring session will be treated with the utmost confidentiality but the Mentor cannot be held responsible if a similar idea is developed by another individual.

 

Confidentiality

  • Subject to clause 25, all information about the Mentor / Client relationship will remain strictly confidential.  If the Client is the employer of an individual being mentored at the Client’s request, information about the individual will only be shared if the individual provides his or her written consent and in accordance with the terms of his or her written consent.  

  • Information is not confidential if: 

    • it was in the Mentor’s possession prior to its being furnished by the Client; 

    • it is generally known to the public or in the Client’s industry; 

    • it is obtained by the Mentor from a third party, without breach of any obligation to the Client; 

    • it is independently developed by the Mentor without use of or reference to the Client’s confidential information; 

    • it is disclosed to the Mentor and as a result of such disclosure the Mentor reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; or 

    • it involves illegal activity.

  • The Mentor/Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications are not subject to the protection of any legally recognised privilege. The Mentor agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Mentor will not disclose the Client’s name as a reference without the Client’s consent.

  • The Client understands that in order to enhance the mentoring relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the mentoring process.

  • Clause 25 - The Mentor and the Client will not disclose information to third parties about the method or provision of the mentoring services unless: 

    • required by law; 


    • the person disclosing the information has reasonable grounds to believe the disclosure is necessary to protect any person from injury; 


    • the person who provided the information consents to the disclosure; 


    • the disclosure is necessary to enforce a provision of this Agreement.

 

Termination

  • Either the Client or the Mentor may terminate this Agreement at any time with written notice. 

  • In the instance that the Agreement is terminated by the Client, any individual mentoring sessions paid for in advance will be 75% refunded. Packages cancelled after commencement will be 75% refunded on a pro-rata basis

  • In the event that Client is in arrears of payment or otherwise in default of any of the terms of this Agreement, or chooses to voluntarily terminate this Agreement, all payments due hereunder for mentoring services provided to the Client will immediately become due and payable. 

 

Exclusion of Liability and Indemnity

  • The Mentor will not be liable to the Client for any act or omission by the Mentor in the performance or purported performance of the Mentor’s obligations under this Agreement unless the act or omission is fraudulent.

  • Except as expressly provided in this Agreement, the Mentor makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the mentoring services negotiated, agreed upon and rendered.  In no event will the Mentor be liable to the Client for any indirect, consequential or special damages.

  • Notwithstanding any damages that the Client may incur, the Mentor’s entire liability under this Agreement, and the Client’s exclusive remedy, is limited to the amount actually paid by the Client to the Mentor under this Agreement for all mentoring services rendered through and including the Termination Date.

  • The Client indemnifies the Mentor against all claims by that party or anyone claiming under or through that party, arising out of or in any way referable to any act or omission by the Mentor in the performance or purported performance of the Mentor ’s obligations under this Agreement, unless the act or omission is fraudulent.

 

Entire Agreement

  • This document reflects the entire agreement between the Mentor and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Mentor and the Client.

 

Dispute Resolution

  • If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and the Mentor agree to attempt to mediate in good faith for up to 30 days after notice given. 

 

Severability

  • If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

 

Waiver

  • The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

Applicable Law

  • This Agreement will be governed and construed in accordance with the laws of the State of Victoria, without giving effect to any conflicts of laws provisions.

Media Mentors Australia acknowledges the Aboriginal and Torres Strait Islander peoples as the true custodians of the land in which we live and work.