Powerhouse Program Terms and Conditions
This Agreement is made and entered into as of the date of purchase by and between The Socialista Pty Ltd and the client (effective upon purchase) for the full term of 12 months.
WHEREAS, Powerhouse offers a program known as the Powerhouse Program ("Program") designed to assist coaches and service providers by providing expertise, skills, support and direction.
WHEREAS, You agreed to purchase the Program.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Services
1.1. Powerhouse agrees to provide You with the Program, which includes (but is not limited to):
Weekly group Zoom calls with Monique, co-coaches, or guest experts
Online video modules
Resources, templates, and other program materials
Personalised feedback on Your work
Group accountability through an online portal
1.2. The Program will be delivered virtually using Zoom, and/or Facebook groups, Skool or other online delivery platforms.
1.3. The Program is a professional development service delivered over a fixed term.
The Provider agrees to deliver the Program services as outlined, and the Client agrees to participate in accordance with this Agreement.
2. Term and Commencement
2.1. The term of this Agreement ("Term") shall commence on the date You accept these Terms and Conditions and make payment for the Program (the "Commencement Date") and shall continue for a period of twelve (12) months (the "Term") if the payment plan option is taken.
3. Fees and Payment
3.1. You agree to pay The Socialista the fees via full payment or the agreed payment plan purchased via direct debit (the "Fees").
3.2. Payment options include upfront payment or a payment plan as outlined in the Schedule.
3.3. You shall make payment in accordance with the method(s) and will be issued an admin fee if payment is late more than once.
3.4. Powerhouse reserves the right to restrict or suspend Your access to the Program if any Fees are overdue or outstanding.
3.5. You are responsible for all third-party payment processing fees associated with Your payment.
3.6. All Fees listed in American Dollars (USD) and are inclusive of Goods and Services Tax (GST), if applicable. If Fees are listed in Australian Dollars this also includes GST.
3.7 The Client acknowledges that this Program is a digital service delivered online and that access to program materials, calls, resources and support constitutes commencement and ongoing delivery of services for a minimum of 12 months access.
The Client agrees that their payment obligations apply regardless of their country of residence, location, or ability to continue participation, and that payments represent instalments toward the total Program fee rather than payment for individual sessions or months of access.
4. Program Fee, Participation & Default
4.1 The Client acknowledges that the total Program fee is $13,200 AUD (inclusive of GST).
The monthly payment option of $1,100 is offered strictly as a payment plan convenience and does not constitute a subscription or month-to-month arrangement.
By entering into this agreement, the Client agrees to pay the full Program fee.
4.2 Ceasing participation in the Program, whether voluntarily or otherwise, does not cancel or reduce the Client’s obligation to pay the full Program fee.
All Fees remain payable regardless of the Client’s level of participation, engagement, results, or continued access to the Program.
4.3 If any payment is missed or dishonoured:
The Socialista may suspend access to the Program immediately; and
The remaining balance of the Program fee may become immediately due and payable in full.
The Socialista reserves the right to recover any outstanding amounts through lawful debt recovery processes.
4.4 In cases of genuine financial hardship supported by reasonable evidence, The Socialista may, at its sole discretion, approve a one-time payment pause of up to four (4) weeks.
Any approved pause will extend the overall payment schedule accordingly.
Approval of a temporary pause does not waive the Client’s obligation to pay the full Program fee.
4.5 The Socialista reserves the right to terminate this Agreement for cause, including breach of this Agreement, misconduct, or unlawful activity.
In the event of termination by The Socialista without cause, the Client will only be responsible for payment of Fees corresponding to Services delivered up to the date of termination.
4.6 Refunds will only be provided where required by applicable Australian Consumer Law or if The Socialista is unable to deliver the Program Services.
5. Intellectual Property
5.1. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the Program materials (including the video modules, resources, templates, and other content) are and shall remain the sole and exclusive property of Powerhouse.
5.2. Powerhouse grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Program materials solely for Your personal use in connection with Your participation in the Program during the Term.
5.3. You agree not to share, distribute, reproduce, modify, create derivative works of, or otherwise exploit the Program materials in any way without the prior written consent of Powerhouse.
6. Warranties and Disclaimers
6.1. Powerhouse will use its best efforts to deliver the Program and assist You in achieving Your desired results. However, Powerhouse makes no warranties, express or implied, regarding the outcome of Your participation in the Program.
6.2. You acknowledge and agree that the Program is not a substitute for professional advice (legal, financial, or otherwise). You are solely responsible for Your own career, business, and well-being.
7. Limitation of Liability
7.1. Powerhouse's total liability to You under this Agreement shall be limited to the resupply of the Program Services to You.
7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, POWERHOUSE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.3. IN NO EVENT SHALL POWERHOUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES.
7.4. You are solely responsible for your own career, business, physical, mental, and emotional well-being. This includes your decisions, choices, actions, and results arising from or related to the Powerhouse Program and your interactions with Powerhouse and other program participants. You agree that Powerhouse is not and will not be liable for any actions or inaction, including effects on your business, personal life, or career, or for any direct or indirect result of the Powerhouse Program Services.
7.5. Understanding the Program: You acknowledge that the Powerhouse Program and any information you receive through your participation are not substitutes for professional advice (psychological, legal, business, or financial). Powerhouse recommends seeking independent advice before relying on any program materials or guidance. Powerhouse will not be liable for your use of or reliance upon the information or advice provided.
7.6. To enhance your experience, you agree to communicate honestly, be open to feedback and assistance, and dedicate the time and energy needed to fully participate in the program.
8. Miscellaneous
8.1. Liability: Powerhouse's total liability arising out of or in connection with the Services or this Agreement will not exceed the resupply of the Services to you.
8.2. Waivers: Any waiver of a right, power, or remedy under this Agreement must be in writing and signed by the Party granting it. A waiver is only effective in relation to the specific obligation or breach for which it is given and does not constitute a waiver of any other obligation or breach.
8.3. Third-Party Contractors and Consultants: Powerhouse may, at its sole discretion, outsource any program services to third-party contractors or consultants, including guest speakers, without your prior consent. Powerhouse will not be liable for any actions, inactions, opinions, views, or advice of any third party.
8.4. Photography and Video Release: You agree that Powerhouse may use photographs and videos of you taken during program sessions for its own purposes, including marketing, social media use, and website use. You can withdraw consent by notifying Powerhouse in writing.
8.5. Disclosure and Use of Confidential Information: All obligations of confidentiality set out in this Agreement continue after the Services have been provided. Neither party may disclose confidential information to any third party without the other party's or other participant's prior consent. Each party must keep confidential the terms of this Agreement and any confidential information shared during group or individual sessions. Powerhouse may only disclose confidential information in the following circumstances:
To a professional advisor for advice related to this Agreement with your consent.
As required by law or regulation.
If the information is already public through no fault of Powerhouse.
8.6. Force Majeure: If circumstances beyond Powerhouse's control prevent or hinder its provision of the Services, Powerhouse is relieved from any obligation to provide the Services while those circumstances continue. Powerhouse may choose to terminate this Agreement or keep it in effect until the circumstances cease. Examples of force majeure include pandemics, strikes, natural disasters, and government actions.
8.7. No Partnership or Agency: Nothing in this Agreement creates a partnership or agency relationship between the parties. Neither party may act as if it has the authority to bind the other party.
8.8. Governing Law and Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising from or related to the Services will be resolved in New South Wales.
8.9. Dispute Resolution: In the event of a dispute, the following steps will be taken:
The party claiming a dispute must provide written notice detailing the nature of the dispute, desired outcome, and action required for settlement.
The parties will attempt to resolve the dispute in good faith within 21 days of the notice.
If unresolved, the parties will agree on a mediator or request appointment by the Law Society of New South Wales President. Mediation will be held in New South Wales at a mutually agreed-upon venue.
Both parties will share the mediator's fees and venue costs.
All communication concerning negotiations is confidential and "without prejudice."
If mediation fails, either party may pursue legal proceedings.
8.10. Severability: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction without invalidating the remaining provisions or affecting the validity or enforceability of such provisions in any other jurisdiction.
8.11. Assignment: Powerhouse may assign its obligations under this Agreement to any person without your consent.
8.12. Entire Agreement and Modifications: This Agreement constitutes the entire agreement between you and Powerhouse and supersedes all prior communications. No agreement varying or extending this Agreement will be binding unless arising from its specific provisions.
9. Access
9.1 Access to this program and live support is valid during the duration of the 12 months of the program. This can be extended upon completion.