top of page

Terms and Conditions

This Agreement is between the The LA Creative and the Client.  By moving forward with these creative services and workshops you agree to the following terms.

​

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

And

The LA Creative: The LA Creative Australia of New South Wales, Australia ("The LA Creative")

 

IN THIS AGREEMENT THE PARTIES AGREE:

 

Term

  • This Agreement will begin on the purchase date.

  • The schedule, dates, frequency, and venue for the mentoring services will be decided collaboratively by The LA Creative and the Client.

  • The creative and mentoring services offered by The LA Creative may be delivered in person (including via video conferencing) or by phone, depending on what both parties agree upon. If an agreement cannot be reached, The LA Creative will select the method of delivery for the mentoring services.

  • If the mentoring services occur at The LA Creative’s home or office, the Client agrees to release The LA Creative from any actions, claims, liabilities, injuries, damages, or losses associated with their attendance at these locations.

 

Fees

 

  • Details regarding fees and payment terms can be found on our website.

  • All fees must be paid in advance prior to the start of each session, unless an alternative agreement has been made.

  • A minimum of 24 hours' notice is required to cancel or reschedule any session. If you cancel with 24 hours or more notice, you will be eligible for a full refund.

 

Services

 

  • Creative services and mentoring represent a collaborative partnership (defined as an alliance rather than a legal business partnership) between The LA Creative and the Client. This partnership aims to inspire the Client to unlock their personal and professional potential, facilitating the creation or development of personal, professional, or business goals, as well as teaching the fundamentals of a new skill.

  • Introductions to industry professionals may be provided when necessary, but we do not operate a 'introductions for cash' service.

  • As mentoring is an unregulated industry, we do not adhere to an official code of ethics. However, we commit to maintaining a professional and ethical relationship with you throughout our interactions.

  • The Client confirms that they are over 18 years of age.

  • The LA Creative will engage in direct and personal conversations with the Client, who understands that this requires a co-active, collaborative approach. The Client can express their preference not to discuss a particular issue at any time by simply stating so. The LA Creative agrees to respect this boundary and will refrain from pursuing the conversation further in that direction.

  • The LA Creative will not make decisions for the Client or impose solutions. It is the Client's responsibility to implement or initiate any desired 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 The LA Creative.  As such, the Client agrees that the The LA Creative 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 The LA Creative.  The Client understands creative services and mentoring are 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 The LA Creative.

 

Intellectual Property​

  • The intellectual property of any pre-existing creative concepts that the Client shares during a session will remain with them, while any contributions provided by The LA Creative to those ideas will belong to the Client.

  • Ideas exist within the collective consciousness; therefore, all concepts discussed during a mentoring session will be kept strictly confidential. However, The LA Creative cannot be held liable if a similar concept is independently developed by someone else.

 

Confidentiality

  • Subject to clause 25, all information about the The LA Creative / 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 considered non-confidential if:

  • It was already in The LA Creative's possession before being provided by the Client;

  • It is publicly accessible or widely known within the Client's industry;

  • It is acquired by The LA Creative from a third party without violating any obligations to the Client;

  • It is independently created by The LA Creative without utilizing or referencing the Client's confidential information;

  • It is shared with The LA Creative, leading them to reasonably believe there is an imminent or probable risk of danger or harm to the Client or others; or

  • It pertains to illegal activities.

  •  

  • The relationship between The LA Creative and the Client is not classified as a legally confidential relationship, similar to those in the medical and legal fields, and communications do not enjoy the protection of any legally recognized privilege. The LA Creative commits to not sharing any information related to the Client without obtaining the Client’s written consent. Furthermore, The LA Creative will not use the Client’s name as a reference without prior consent from the Client.

  • The Client acknowledges that to foster a productive mentoring relationship, they must communicate honestly, remain open to feedback and support, and dedicate the necessary time and energy to fully engage in the mentoring process.

  • Clause 25 - Both The LA Creative and the Client agree not to share information regarding the mentoring methods or services with third parties unless:

  • required by law;

  • there are reasonable grounds to believe that the disclosure is necessary to prevent harm to any individual;

  • the information provider has given consent for the disclosure;

  • the disclosure is essential for enforcing any provision of this Agreement.

  • ​

Termination

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

  • In the instance that the Agreement is terminated by the Client, any individual sessions paid for in advance will be refunded if cancelled 24 hours before the scheduled commencement date. 

  • 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 services provided to the Client will immediately become due and payable. 

 

Exclusion of Liability and Indemnity

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

  • Except as expressly provided in this Agreement, the The LA Creative 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 The LA Creative be liable to the Client for any indirect, consequential or special damages.

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

  • The Client indemnifies the The LA Creative 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 The LA Creative in the performance or purported performance of the The LA Creative ’s obligations under this Agreement, unless the act or omission is fraudulent.

 

Entire Agreement

  • This document reflects the entire agreement between the The LA Creative 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 The LA Creative and the Client.

 

Dispute Resolution

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

 

Severability

  • If any part of this Agreement is deemed invalid or unenforceable for any reason, the other provisions will remain valid and enforceable. Should the Court determine that a specific provision is invalid or unenforceable, but that it could be made valid and enforceable by limiting its scope, then that provision will be interpreted, constructed, and enforced accordingly.

 

Waiver

  • If either party fails to enforce any provision of this Agreement, it will not be interpreted as a waiver or restriction of that party's right to later enforce and ensure strict adherence to every provision outlined in this Agreement.

  • ​

Applicable Law

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

​

  

 

 

​

bottom of page