Expansion Training Agreement

1. Introduction

I know you probably scroll through these kinds of documents without reading them, but I would like to strongly encourage you to take the time to review this Agreement and make sure you understand and agree to its terms before you proceed to payment. This Agreement contains very important information that will help you get the most out of training with me. It is my intention that this Agreement will embody a bond of integrity, trust and transparency between us. I take this commitment seriously and by signing it, you agree to do the same. I will uphold these boundaries without compromise as they are for our mutual benefit.

By signing this Expansion Training Agreement, you are entering into a legally binding contract, so please consider carefully whether this Agreement is right for you and contact me before you sign if you have any concerns.

If anything in this Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations. If any clause in this Agreement feels unfair to you, I am open to reviewing it and I encourage you to negotiate.

It is my aim to support and facilitate nervous system expansion, experiential learning, personal growth, and soul transformation for you, as an Initiate of Expansion Training. I intend to provide a safe container for connection and growth for you, and to foster the required conditions for healing and transformation – in accordance with your soul calling, Divine Will, and your personal free will. Healing and transformation are the responsibility of each Initiate and are the result of your aligned action in service to the soul. The group container is a conscious creation intended to provide the appropriate conditions for the intended transformation by the Will of Spirit/God/The Divine, the free will of the individual, and the soul's calling of each Initiate.

However, I recognise that from time to time there may be reason for some dissatisfaction. I welcome constructive feedback as an opportunity to review and improve my practices. Please feel free to contact me at raquel@raqueldubois.com to discuss any issues that arise.

Expansion Training is for women and men who identify as visionaries, creatives, healers, and soul-focused entrepreneurs. Due to the experiential nature of Expansion Training, you will experience the greatest benefit from this program if you can interact with the course material with curiosity, try to set aside your cultural programming, and be open to alternative ways of acquiring knowledge other than left-brained, mind-based learning. The most successful Initiates (those who experience the deepest transformation and most expansion) are willing to examine their usual patterns of connecting with self/others/the environment and can adopt an attitude of curiosity and non-judgement about the ways they engage with their peers. Those who are unwilling to extend themselves beyond their comfort zone – and especially those who are not able to be curious about why they are unwilling – are not suitable candidates for Expansion Training.

Other attitudes and conditions that indicate you are not a good fit for Expansion Training are:

1. You are looking for a quick fix or linear solution

2. You prefer traditional methods of learning, where an ‘expert’ or teacher disseminates knowledge to students

3. You believe knowledge is absolute, and is not relational, contextual, or co-created through collaboration and partnership

4. You don't want to contribute to the Facebook group or support your peers' learning (essential)

5. You prefer to stay separate and private from others – and don’t want to be challenged about that (be honest!)

6. You don't have time to read or reflect between group sessions

7. You are uncomfortable with not having all the answers, and do not have the humility to look at what you know/don't know without judgement, criticism or blame

8. You do not want to go deep or examine your blind spots

9. You are not open to a larger experience of reality and have a closed vision of what is possible in the healing field

10. You expect to have fully arrived by the end of the course

(a) Important Dates

(i) The cut-off date for joining this round of Expansion Training is Monday 25th April, 2022 at 5pm AEST.

(ii) Your participation begins from the date of your payment (many past initiates experienced nervous system expansion from the moment they entered the program container, even though the commencement date was some months' away).

(iii) Your participation ends on the last day of Expansion Training, which is Wednesday 9th November, 2022.

(iv) The private Facebook group will be closed on Friday 23rd December, 2022 - 6 weeks after the last group session.

(b) The Parties

This Expansion Training Agreement is between:

“Trauma Healing Institute of Australia Pty. Ltd”.

ACN 612-581-772 & ABN 99-612-581-772

Address: 1/18 Coffey Court, Beachmere, Queensland 4510

Email for Correspondence: raquel@raqueldubois.com

Director: Raquel Louise Dubois

AND

You, the “Initiate”

Your details are set out in Schedule 1.

By accepting this offer, you personally agree to become an Initiate in the Expansion Training and to be bound by the terms of this Agreement.

(i) This is a small, intimate group training, and I personally post course materials and interact with all the posts in the Facebook group.

(ii) If you need help with registration and enrolment, email:

raquel@raqueldubois.com

If you need technical support, email: raquel@raqueldubois.com

For other matters, the best way to contact me is via email:

raquel@raqueldubois.com – this ensures your query or concern can be tracked and (if necessary), forwarded on to the person most qualified to help you. I am available on email between 10am to 7pm, Monday to Friday, excepting when I am with clients. You can be assured that I have read your email even if I haven’t replied. Although customarily, I do not check or respond to messages on weekends.

I usually answer messages within 24 hours (not including Saturdays and Sundays), particularly ones that are time sensitive. However, there are times when I am unable to respond in that window, and therefore I undertake to respond to you within 72 hours. If you cannot wait that long or need immediate assistance during business hours, tag me in a post in the group or send me a private message via Messenger. Bear in mind that PMs can appear to have been read, but can be overlooked, and Facebook algorithms affect the order that posts appear in the group discussion, and as a consequence, messages can be lost or forgotten, and posts do not appear straight away or in the order they have been posted.

If you send a PM within one hour or less of a group call starting, your message will be acknowledged and answered after the call.

(iii) If you require same-day admin assistance, please tag my Business Manager (henceforth known as my BM), and/or my Virtual Assistant (henceforth known as my VA), in a post in the community group with hashtag #adminhelp and they will do their best to assist you.

2. Payment

(a) Payment Terms

(i) The full price for participating in this round of Expansion Training (April 2022) is $5,997AUD, and the Earlybird price is $4,997AUD.

(ii) Payment plans are available and are spread over ten (10) fortnightly/bi-weekly payments (full price/standard) and sixteen (16) weekly payments (Earlybird).

The total cost for the full price/standard payment plan is $6,666AUD, ($667AUD high than the full cost of Expansion Training when paid in full upfront). A deposit of $2,166AUD is due at the time you book; thereafter, (10) ten fortnightly/bi-weekly payments of $500AUD are due.

The total cost for the Earlybird payment plan is $5,426AUD, ($429AUD higher than the full cost of Expansion Training when paid in full upfront). A deposit of $1,901AUD is due at the time you book; thereafter, (16) sixteen payments of $235AUD are due.

Your payment plan balance must be finalised before the round of Expansion Training you are participating in ends. If you choose to pay by payment plan you are making a commitment to pay the entire cost of the training, even if you decide not to complete it.

(iii) Credit card payments are accepted through Acuity, which is powered by Stripe.

(iv) Your place on Expansion Training is charged in Australian dollars and includes GST (if applicable).

(v) Payment is due when you book your place. (A receipt will be automatically issued by Acuity when your payment has been received).

(vi) You will be automatically issued with a tax invoice via email after you make your payment. Your payment confirmation email (receipt) contains instructions for completing the registration and enrolment process. You must click the "Schedule" hyperlink in your payment confirmation email. When you click “Schedule” and complete the process, I receive what I need to create a bonus gift for you, and also ensures you receive appointment reminders for the group sessions. The process is fully automated, but you need to complete the sign up process.

(b) Late Payments

(i) Ensuring your payment is released by your bank is your responsibility. If you default on your payment plan, I will email you and let you know that your card payment has been refused by your bank. Customarily, I will forward you the default email notice advising that your card has been declined and the reason given (e.g., 'insufficient funds'). You are required to re-instate your payment plan on the same day as the default or contact me via email and let me know how you will address the matter and in what timeframe.

An administration fee of $50AUD will be charged for each default if you need me or one of my team to assist you. This charge contributes to – but does not cover – the cost of time and resources my administration staff charges me to address problems that are the consequence of your card being declined or cancelled.

No administration fee will be invoiced to you if you reinstate your payment plan on the same day of the default and without the assistance or me or my team (an email reminder from me does not count as “assistance”).

I reserve the right to remove the administration fee if (1) this is your first default, AND (2) there is no cost (time or money) to me or my company. If the default is a consequence of an error by Trauma Healing Institute of Australia Pty. Ltd., the administration charge will be waived.

(ii) You may choose to cancel your membership at any time by sending an email to:

raquel@raqueldubois.com but you are still responsible to complete your agreement with me and to pay for Expansion Training in full.

(iii) I do not offer a refund if you change your mind about this training. When you make a commitment to train with me you are asking me to hold you accountable to complete the training, regardless of any mindset wobbles, challenges or difficulties that might arise for you. It’s normal for such difficulties to arise and I am committed to helping you through them – I ask you to make the same commitment to yourself and persist even if it feels hard.

Please choose carefully before making this investment. You can withdraw from Expansion Training at any time, but no refunds will be issued.

(iv) For the avoidance of doubt, if you have requested a payment plan and withdraw from the Training, you are still required to pay any remaining instalments.

(v) A monthly payment plan is offered to help you budget, but enrolment means making a commitment to pay for Expansion Training in full, even if you choose not to complete the program. You, as an Expansion Training Initiate, agree that this is reasonable because you have had access to my intellectual property, and I have invested time and energy in holding space for you. If you are prevented from participating in the training due to circumstances beyond your control, please email me and request a face-to-face meeting so that we can discuss your specific situation.

(vi) You agree not to cancel your Acuity payments, and to pay all costs, including debt collection agency fees and solicitor’s costs, that I incur in taking steps to recover any overdue money you owe me or Trauma Healing Institute of Australia Pty. Ltd. under this Agreement, whether or not legal proceedings are issued for recovery of the debt.

(vii) Refunds may be granted at my sole discretion in situations where you are prevented from participating due to extreme circumstances beyond your control. If a refund is deemed appropriate, it will be issued on a pro-rata basis, and a fee for each session you attended or were eligible to attend will be deducted at the rate of $275AUD per hour ($412.50AUD per 90 minute class). If no group sessions have been held, and a refund is deemed appropriate, an administration charge of 10% of the total program cost will be applied.

(viii) Out-of-pocket costs incurred by me or by Trauma Healing Institute Pty. Ltd. to enrol or withdraw you from Expansion Training, (e.g., card merchant fees or assistance from administration staff), will be deducted from the amount refunded.

(ix) If any individual sessions or program bonuses have been issued to you, the value quoted on my website or in the absence of a quoted amount, the usual billable fee, will be deducted from the amount refunded.

(x) Please note that schedule clashes, changes to childcare arrangements or work rosters are not considered extreme circumstances justifying a refund.

3. Expansion Training

(a) Program Content and Structure

(i) Expansion Training offers practices, principles and live nervous system mentoring in a small group setting to build resilience, increase capacity and expand your nervous system so you can be more present to your life circumstances and opportunities.

(ii) All results depend on individual commitment and participation, as well as on your nervous system presentation/state at the time of joining the program. Any changes to your life circumstances during the program will also affect results.

(b) Methodology

(i) Any written materials supplied, or theoretical concepts taught, are intended to support you to engage with the practices and principles of nervous system work. By far and above the importance of head-based learning is showing up to all the group calls, engaging with the practices, and being open and curious about your and others’ experience.

(ii) ‘Understanding’ is not required for success – for some Initiates, trying to understand can be an impediment to achieving results.

(i) 20 x group calls via Zoom (90 minutes)

a. Recordings are available for these live calls but live attendance is strongly encouraged because the emphasis is on nervous system learning and not head-based learning.

b. If an Initiate is unable to attend these group calls, they will miss the facilitated nervous system expansion opportunity that week.

(ii) Interactive, private online community – participation advised (communication with Initiates will be done through the online community – the call schedule will be emailed, but any homeplay, journal prompts and updates/changes to the schedule will be communicated via the online community).

(d) Cancellation of Scheduled Calls

(i) You will be notified of any changes to the scheduled calls in the online community. Wherever possible, at least 24 hours’ notice of any changes will be given – usually more. In case of accident or emergency, 24 hours’ notice may not be possible.

(ii) Cancelled calls will either be re-scheduled or the time will be added to existing calls without disadvantaging Initiates. Any time ‘lost’ will be ‘made up’.

4. My Sacred Commitment to You

(i) I will create a space where everything is welcome.

(ii) I will lovingly hold you through your entire spectrum of sensations and emotions.

(iii) I will feel, see, hear and witness who you are without judgement or expectation.

(iv) I will challenge your habitual responses and default patterns.

(v) I will support you to let go of your mind and encourage you to discover something new.

(vi) I will urge you to view reality through the lens of the nervous system (and not from the perception of your brain or your mind).

(vii) I will hold up a mirror for you to see through illusion.

(viii) I will provide a safe and confidential space for you to lean in and explore your vulnerability.

(ix) I will point out and celebrate every milestone you achieve with fervour and deep reverence.

(x) I will reach out my hand and graciously and invite you to take it if you slide or fall.

(xi) I will encourage your sense of humour and share mine with you.

5. Your Responsibilities

(a) I Ask of You in Return

(i) To show up to the live calls and bring all of you, no matter what state you are in. I encourage you not to hide. You will always be held.

(ii) To stay up-to-date with classes, homeplay exercises and activities, and embodiment practices.

(iii) Put all of you into this program – you will receive what you put in.

(iv) Ask questions, because there are no unworthy questions – every question is an opportunity to grow and expand.

(v) Support your peers as you would want to be supported by them.

(vi) Be mindful of confidentiality. What we will be sharing will only feel safe if we are all committed to holding each other’s truth’s with reverence, respect and confidentiality.

(b) Indemnity

(i) You will be introduced to a number of practices and techniques in Expansion Training; these are intended to be exploratory, for the purpose of stimulating your curiosity to advance self-knowledge and self-understanding. The training you receive in the program is in no way intended to equip you to treat, cure or prevent any disease and/or mental health diagnosis for yourself or anyone else. It is not a substitute for any existing treatment plans currently prescribed by a GP or mental health practitioner. If you have any concerns or feel that you do not fully understand the implications of taking a particular course of action as applies to your situation or that of a client, you are advised to seek appropriate professional advice before implementing the suggested practices and techniques.

(ii) You take full responsibility for your implementation of anything you learn during the program in your own life or business, and in your work with your clients. You understand that my training is limited to providing you with techniques for your consideration, and that you are solely responsible for how you choose to implement those techniques. Always consult your own professional wisdom and experience, conduct your own research and employ principles of best practice.

(iii) You agree to indemnify me against all consequences arising directly or indirectly from your actions and choices.

(i) You’ll need a relatively recent computer, an up-to-date browser, and a reliable broadband internet connection. To participate fully in group calls and Q&A sessions, you will need a webcam and microphone, both of which may be built-in to your computer.

(ii) Workbooks, training materials and meditations will be provided.

(d) Audio-visual Recordings

(i) Participants are not allowed to record Zoom sessions.

(ii) You understand and agree that I can record sessions. These sessions may be used with or without your name for both teaching/educational and promotional purposes. “Sessions” includes, but is not limited to, audio-visual material from live or online classes, as well as videos, images and comments on social media pages and surveys.

(iii) You authorise Trauma Healing Institute of Australia Pty. Ltd., its assigns and transferees to copyright, use and publish recordings or excerpts of recordings in print and/or electronically for any lawful purpose, such as such as publicity, illustration, advertising, web content or the creation of new courses.

(iv) Your privacy is important to me. I will make all reasonable efforts to the protect the anonymity of participants and not disclose any sensitive or confidential information that is shared.

(e) Membership Details

(i) It is your responsibility to ensure that the details provided by you in Schedule 1 (page 17 of this Agreement) are correct. These details will be used to maintain our database of current Expansion Training Initiates and past alumni. This email address will be used to notify you of changes to Expansion Training and provide you with essential information to ensure you get the most value from the program. Should your details change at any time you must notify us of the change as soon as possible by emailing me or my team: raquel@embodiedpresencetraining.com or learning@embodiedpresencetraining.com

(ii) Your name and email address will be kept with my mail service provider (which is currently Mailerlite, but my provider is subject to change as and when my business systems require updating). Enrolment information and survey responses are stored on Google Sheets in my Google Drive.

(f) Correspondence

(i) It is your responsibility to read your emails and respond to them in the requested timeframe.

(ii) Initially, I will correspond with you through the email address you used when you signed up to this program. It is your responsibility to check your nominated email address (in the week prior to the start of the program, you will receive an email each day). It is important that you are ready to begin on April 27th, and the emails sent to you before the training commences will help you prepare.

(iii) If you paid or enrolled with an email address that you seldom check, you are strongly encouraged to change your email address by emailing: learning@embodiedpresencetraining.com. This ensures you do not miss any important communication leading up to the start of the training, and you receive your invitation to book your individual sessions (bookings open after the program starts).

(iv) After Expansion Training starts on Wednesday, April 27th, 2022, written information and updates will be communicated to you through the private social media community.

(v) Please do not email me with questions about the time of calls in your (or others’) timezone/s. Post your question or correction in the community instead. If you have a question, it is likely someone else has a similar wondering. When you post in the community, it increases the likelihood of getting an answer sooner, or that you help someone else. I strongly encourage you to tap into and use the wisdom of your cohort.

(vi) If you can’t attend a call, please post in the online community and let everyone know. You do not have to reveal any information that you don’t want to disclose. Please do not email me to tell me you cannot attend a session – this is because:

a. Expansion Training is a collective container created with group energetics, everyone benefits from knowing when someone cannot attend a session.

b. Some people are particularly sensitive to missing/shifting energies. This is another reason I ask you to do everything possible to attend the group calls.

c. Even if you feel unable to participate, please come! Turn off your camera if you need to. You are welcome however you are.

d. If you post saying you’re unable to attend, usually one of your fellow Initiates will see it first and pass it on to me/the group. This is a wonderful (and safe) opportunity to experiment with trusting others to look after you, and not just relying on me (the facilitator). Some people need to know what it feels like for another person to look after them who isn’t paid to do it.

e. Everything is a part of the process – including how you feel and respond outside of the calls – because you are in a 6-month container.

(vii) If you wish to discuss anything of a strictly personal and private nature, then please email me: raquel@embodiedpresencetraining.com

(g) Providing Services to Others

(i) You are not allowed to promote your own business or services to other Initiates within the program container. The program container is the duration of the course – i.e., from April 27th to November 9th, 2022.

You understand and agree that what you learn in Expansion Training is for your own personal use only. You agree not to share exercises or practices with others, or to practise techniques on people, including on your clients.

6. Disclaimer

(a) Important Information

(i) During Expansion Training, I will share with you how to create a safe container, get into your body, explore feeling open, explore feeling contracted, and hold space for your personal nervous system expansion. The exercises and techniques I share with you and with the other Initiates in your cohort are tailored according to your specific nervous system presentation/s and cannot be used on any person without first having a full nervous system assessment. There are genuine risks when applying interventions or techniques, particularly if they have not been individually prescribed. These risks include long-lasting and/or permanent symptoms of nervous system dysregulation which may be physically uncomfortable, mentally distressing, and may even require medical treatment or hospitalisation.

(b) Source of Claims

What you will learn during this program is based on neuroscientific theory published in peer reviewed journals as well as many years of studying the nervous system to resolve my own trauma, and working with clients in clinical practice. If you engage fully in the training, it is my hope that you will:

(i) Learn somatic practices to regulate your nervous system

(ii) Learn methods of tracking and observing your nervous system for the purposes of, but not limited to:

a. shifting habits of self-sabotage

b. illuminating patterns of addiction

c. addressing worthiness and negative self-concepts

d. transforming lack of self-compassion

e. returning more aliveness and vitality to your physical body

f. creating space in your nervous system so that you can follow organic impulses to try something new with curiosity and joy

(iii) Learn how to build safety in your body to:

a. Identify and access cues of safety in the faces and body language of others

b. invite your consciousness into physical form

c. become more present and oriented to ‘now’

d. be able to remain in connection even when triggered

e. be present to the sensations of fear/anger/grief without them overtaking your experience or overwhelming you

f. experience connection to your body, to others, to your community, to nature, to Great Spirit/Divine/God.

(iv) Be shown an accessible pathway to non-judgement and acceptance of all experience through a body-oriented perspective

(v) Be held in a safe space to transform attachment wounds (e.g., not being seen, heard or understood)

(vi) Receive education and support to heal relational trauma – e.g., misattunements by family or social groups – and when appropriate, experience the power of a corrective experience, and receive help to embody and integrate the new sensations associated with the corrective experience.

(vii) The above claims (i to vii) are real examples of what previous Expansion Training Initiates have experienced from participating in the program.

(i) I cannot guarantee that you will achieve any of the aforementioned outcomes, because results are driven by the organic impulses of your unique nervous system. The changes that occur are the changes that your body and your nervous system is ready for. In Expansion Training, the aim is to prepare your body/nervous system container to hold the next piece/s.

(ii) The results achieved will depend on your commitment and participation, as well as on your nervous system presentation/state at the time of joining the program.

(iii) Any changes to your life circumstances during the program (whether positively or negatively perceived) will also affect results.

(iv) While this program is intended to offer a paradigm shift towards re-framing ‘choice’ as a nervous system state and not as a mindset, Initiates who dedicate time each day to do the practices and time each week to do the activities will achieve the most significant results. The best performing Initiates have experienced results that paid dividends beyond the foundations of nervous system and affect regulation – e.g., they have effortlessly aligned their nervous systems to attract and manifest their desires – both personally and in their business.

(d) Limitations

(i) Although what I teach is helpful in enhancing your lived experience and may alleviate symptoms of disease, it won’t cure disease. Nervous system work is also not a method for diagnosing medical conditions or a substitute for mental health treatment and counselling. Therefore, the information I will share with you is not a substitute for specialist advice or treatment tailored to your individual circumstances.

Despite the fairly widespread acceptance that trauma is stored in the body, somatic methods of healing trauma are still considered somewhat ‘experimental’ by mainstream mental health services. This is because they lack a substantial body of empirical research behind them, mainly due to the time and cost of undertaking research. Conducting experimental studies to gold standard have long been the purview of multinational corporations and big Pharma, and as such, published research often represents their interests to the exclusion of others.

7. Intellectual Property & Privacy

(a) Copyright and Intellectual Property Protection

(ii) My intellectual property, including copyright, trademarks and trade secrets must not be shared, discussed or disclosed to anyone outside the training. You are expressly prohibited from claiming my intellectual property as your own.

(b) My Confidential Information

During the course of the program I may share with you confidential information about my life and my business, and trade secrets about my modality. You agree to respect my trust and not share this information with any person under any circumstances. This allows me to be open with you and teach you about the nervous system from my own lived experience.

Please remember that sessions are recorded. Confidentiality is one of the most important guidelines for group work and is essential for establishing trust and creating a container of safety for deep work. Therefore, all participants are required to respect each other’s privacy and not share anything with any person outside of the group. However, it is also important that you remain mindful of what you choose to share.

(d) Your Details

(i) It is your responsibility to inform me of any changes to your contact details during the program.

(ii) You give your permission to be added to my subscriber (mailing) list. You will always have the choice to opt out any time.

(iii) I will ask you for your date of birth so I can create a personal reading for you. If you do not want to disclose your birthdate, you have the option of creating your own reading with materials I provide so you can participate fully in the group activity. You can also opt out of the reading entirely – choice is paramount and your right to choose to participate or not applies to all exercises and activities offered to you.

(e) Staff Confidentiality

Personal information may be shared with my VA team on a need-to-know basis. They are subject to strict obligations of confidentiality.

8. Dispute Resolution

(a) Negotiation

(i) Initiates sometimes find an aspect of Expansion Training triggering, and they may not leave a session how they would wish to feel. Certain modules are more likely than others to trigger nervous system responses in Initiates. You might feel I have been insensitive or misattuned in my response to you or to others. In circumstances such as these, I encourage you to let me know how you are feeling.

If you experience any discomfort or distress, please read the information provided below in Section 5(f) of this Agreement (‘Communication’) and then do the following:

a. If possible, the ideal is to let me know in a group session so that I can facilitate an appropriate repair for you in real time when we are ‘together’. Because we are sitting together in awareness, any interpersonal conflict that arises is an opportunity to return to our internal felt sense of safety, or to find one if you have been unable to connect to one in the past.

b. By bringing up your concerns in the group session, you may discover that being supported by your peers can be a powerful experience that ‘corrects’ for the somatic memories held in your nervous system when you were let down, betrayed and not supported by others.

c. If you feel unable to bring your concerns to the group and be witnessed and supported by them, please send an email to: raquel@embodiedpresencetraining.com and request a face-to-face meeting with me as soon as possible.

(ii) Whichever course of action you decide to take, I will work with you so that you have a different outcome than the one your nervous system has been programmed to expect from persons in 'authority'/power figures. If you are triggered by anything I have said or done, I commit to helping you stay in the program, but you are free to cancel your participation in Expansion Training at any time.

(iii) You may feel that your grievance is a separate matter from your personal process/nervous system response – e.g., there may be things you wish to discuss that have arisen out of this Agreement. If either of us determines that a discussion on this basis is necessary, we agree that we shall communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion.

(iv) All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

(b) Mediation

(i) If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in Queensland, Australia.

(ii) The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of Queensland, Australia, or similar neutral authority.

(iii) We agree to share all the costs of mediation equally between us.

(iv) We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief that we have first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

(d) Mutual Non-Disparagement

We each agree that if there is a dispute we will not publicly or privately disparage each other, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s’ business and/or personal interests.

9. Limitation of Liability

(i) You agree that your participation in the training is entirely voluntary. You expressly agree to accept all risk of injury and/or damage that may arise from your participation.

(ii) You expressly agree that if this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount paid to me under this Agreement.

10. General Provisions

(a) Jurisdiction

This agreement is subject to the governing law of Queensland. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Queensland, and the Commonwealth of Australia, will have exclusive jurisdiction.

(b) Whole Agreement

This Expansion Training Agreement comprises the whole agreement between us concerning the program and replaces any prior agreement, arrangement or understanding.

Clauses 2, 6, 7, 8 and 9 are essential terms of this Expansion Training Agreement and survive the termination of this Agreement for any reason.

(d) Severability

If any part of this Expansion Training Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Agreement.