TERMS & CONDITIONS

Terms and Conditions

Thank you and YAY YOU for choosing to work with Kath Clarke to progress your brand & marketing journey.

Kath Clarke (the “Company”) offers you participation in the service(s) (the “Service”) on these terms and conditions. By signing this document (“Agreement”) you are indicating your acceptance of these terms. This Agreement will commence upon the Company accepting your application, and continues until termination occurs in accordance with this Agreement. This Agreement can only be varied in writing by mutual Agreement between the Company and you.

We may vary these terms from time to time and if we do, we shall notify you by email of the change of terms.

1. Service Delivery

1.1 Service Types

This Agreement covers all services offered by Kath Clarke as outlined in the Impact Scale Profit (ISP) System, including but not limited to:

• Impact Alchemy
• Impact Code Signature Framework Design
• A Brand that Sells You
• Impact Client Generator
• Website that Attracts
• Content that Connects & Converts
• Authority Amplifier
• Automate Basic and Plus tech subscriptions
• Impact Generator Coaching

1.2 Service Delivery Types

Services may be delivered as:

• “Done For You” – requiring minimal client involvement beyond initial consultation
• “Done With You” – requiring active client participation and collaboration
• 1:1 Coaching/Consultation – requiring scheduled attendance at individual sessions
• Group Programs – requiring attendance at scheduled group sessions
• Tech Subscriptions – requiring ongoing monthly payments

1.3 Participation Requirements

Your experience in the Service will depend upon your cooperation, contribution and level of participation. You acknowledge that you are undertaking an adult learning process and everyone has individual approaches to learning and participation. In the case of group Service, all Service participants agree to treat each other and representatives of the Company with respect.

1.4 Service Materials and Access

The Agreement includes Service materials as specified in your selected package. The Company retains the right to release access to sprint materials at approximately the same pace as payment installments are received for payment plans.

1.5 Service Timelines

For services with defined timelines, the Company will make reasonable efforts to deliver within the specified timeframe. However, timely delivery depends on your prompt provision of required materials, feedback, and completion of any client input tasks.

2. Online Community and Digital Content

2.1 Community Guidelines

You may receive access to a Facebook Group or other online community as part of your participation in a Service. You agree that you will not upload content that is:

• Defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading
• Infringes the intellectual or other proprietary interests of third parties
• Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components
• Violates any law
• Encourages or incites any other person to engage in any of the above behavior

2.2 Technical Restrictions

You also agree that you will not:

• Use technology or other means that is not authorized by the Company to access websites or platforms
• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers”
• Attempt to introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit functionality
• Gain or attempt to gain unauthorized access to websites, platforms, networks or user accounts
• Attempt to engage in conduct that damages, disables, overburdens, or impairs the Company’s digital assets

2.3 Personal Agreement

This Agreement, and your involvement in the Service is personal to you and you may not transfer your attendance or access to another party without first obtaining the Company’s prior consent.

3. Financial Commitment

3.1 Payment Terms

By signing this Agreement, you are agreeing to participate in the Service(s) selected. Payment is to be made as per your signed agreement. It is your responsibility to ensure that the credit card details that you have provided the Company are correct and to advise the Company of any changes. If you are direct depositing, it is your responsibility to set up that direct deposit on the agreed timeframe. You agree that there will be sufficient clear funds available in your nominated account on the scheduled installment date.

3.2 Payment Processing

Payments that are declined will be recharged with an additional processing fee of $10.00. If your payment is declined on the third attempt, the remaining Service fees will become immediately due and the Company will invoice you for the full payment.

3.3 Late Payments

Any late payment of fees may incur a $150 late payment fee. The Company may also suspend your participation in current and future Kath Clarke services until all outstanding Service fees are paid. You acknowledge that if it is necessary for the Company to engage professional services to recover any fees owed by you, that you will be liable for the costs incurred by the Company.

3.4 Additional Costs

The Agreement includes Service materials as specified; however, you are responsible for all associated personal costs including telephone charges, transport, accommodation and catering, unless it forms a part of the Service inclusions or otherwise agreed upon in writing by the Company.

3.5 Subscription Services

For recurring subscription services such as Authority Amplifier or Automate packages, payments will continue until canceled in writing with 30 days’ notice. Minimum commitment periods (e.g., 3 months for Ultimate Amplifier) must be honored.

4. Scheduling and Attendance

4.1 1:1 Coaching Sessions

For Impact Generator Coaching and other 1:1 services:

• Missed sessions will be charged in full if at least 12 hours’ notice is not given
• Sessions are set at regular times with a maximum of 2 time changes allowed in a pack of 8 sessions
• Unused sessions expire 6 months from purchase date
• Sessions cannot be transferred to another person

4.2 Sprint Calls and Group Sessions

For sprint calls and group implementation sessions:

• You must RSVP to confirm attendance
• If you RSVP and fail to attend without 12 hours’ notice, you may be charged a no-show fee of $50
• Missed group sessions cannot be rescheduled as individual sessions

4.3 Content Creation Services

For Authority Amplifier and content creation services:

• You must provide required materials by agreed deadlines
• Failure to provide materials may result in delayed deliverables without refund
• Rescheduling content creation days requires 7 days’ notice

5. Refunds and Cancellations

5.1 Consumer Law

The services are provided in accordance with, and you have the rights as provided by the Competition and Consumer Act 2010 (the Consumer Law). Under the Consumer Law we are not required to provide a refund for a change of mind. As a service provider, we provide the following guarantees under the Consumer Law:

• To provide the services with acceptable care and skill, with the appropriate knowledge
• To take all necessary steps to avoid loss and damage
• That the services are fit for the purpose described
• To deliver the services within a reasonable time where there is no agreed date
• That we satisfy any other guarantees we make

5.2 Service Guarantees

The Company does not guarantee specific results from implementing the Service materials or strategies. While the ISP System is designed to help you build your brand and business, results depend on many factors including your implementation, market conditions, and your own expertise.

5.3 Participant Cancellation

Cancellations by the Participant must be received by email:

• For one-time services: at least 60 business days before the service date
• For ongoing subscriptions: with 30 days written notice (subject to minimum commitment periods)

Cancellations that are received by the Participant more than 60 business days before the service date will be refunded in full to the Participant.

Failure to provide adequate notice will result in the loss of any Service fees paid.

5.4 Company Cancellation

If Kath Clarke cancels the Service through no fault of the Participant, the Participant will be informed by email or phone and be offered a place on a future Service. If the participant cannot make any services within a 12-month period, any monies paid by the Participant will be refunded in full within 7-10 days of notice.

6. Confidentiality and Data

6.1 Privacy

The Company respects your privacy. We do not use third-party mailing lists and do not pass on client information to third parties. In the course of your participation in the Service, confidential information including plans, ideas, and trade secrets will be shared by the Company and by you.

6.2 Confidentiality Agreement

You agree that you will not disclose any information to any third party and that you will not use any confidential information obtained through your participation in the Service for any purpose whatsoever.

6.3 Data Security

Any online materials used in the Service are held by the Company on secure third party servers and we have anti-virus software. However, to the extent provided by law the Company does not warrant that the website or online platforms will be uninterrupted or error free. Nor does the Company guarantee against third party interference or that the website or its content will be compatible with third party software or hardware.

6.4 Account Security

You are responsible for keeping your username and passwords secure. The Company will not be liable for any unauthorized access to your account.

7. Intellectual Property

7.1 Company Intellectual Property

The Company retains the right to all intellectual property (whether registered or not) that is created by it and offered to you in the Service. The content of the Service is provided to you by way of this non-exclusive, non-transferable limited right. You agree to use the Service content for your personal use only; this license excludes the right to disclose, sell or deal with our materials in any way other than in accordance with these terms and conditions.

7.2 Participant Intellectual Property

Similarly, you acknowledge that the intellectual property of all course participants vests solely in the owner and you will not use, disclose, or deal with another Participant’s intellectual property in any way.

7.3 Content Ownership

For Authority Amplifier and other content creation services, unless otherwise specified in writing:

• You retain ownership of the content concepts you provide
• The Company retains ownership of design templates, frameworks, and methodologies
• The final produced content is owned by you once paid for in full

8. Disclaimers and Liability

8.1 Professional Advice

The Company does not provide legal, tax, accounting or financial advice. We recommend that you seek such advice from an appropriate licensed professional. You agree that, should the Company assign you a particular coach or instructor, such assignment may be changed if the Company, in its sole discretion, deems it necessary.

8.2 Results Disclaimer

Any forecasts or projections provided by the Company are based on our experience and the information available to us. The Service objective is to provide you with knowledge and tools; we do not provide performance guarantees or specific results. It is your responsibility to implement the learnings that we teach and to follow up on leads that you create.

8.3 Media Release

We may from time to time record the Service being delivered during your attendance. You authorize us to use your image and voice in any such recordings without payment, other condition or need for further consent.

8.4 Liability Limitation

To the extent permitted at law our total liability under this Agreement is limited to the price paid by you for the Service. Neither the Company nor you will be responsible for any breach of this Agreement that arises due to any act of God, war, terrorism, strike, lock-out, fire, flood, storm or other event beyond the party’s reasonable control.

8.5 Indemnity

You agree to indemnify the Company for all costs arising from any claims made against the Company arising from your breach of these terms and conditions. The costs do not have to have been incurred for this clause to take effect.

9. Termination and Assignment

9.1 Automatic Termination

This Agreement terminates automatically upon your completion & the Company’s delivery of the purchased Service(s). For subscription services, termination occurs when proper cancellation notice is provided and any minimum commitment period has been fulfilled.

9.2 Termination for Breach

The Company may terminate your right to participate in the Service without forgiveness of any prepayments already made if you breach any clause of this Agreement.

9.3 Effect of Termination

Where the Company terminates this Agreement as a result of a breach by you, termination will result in not being able to access digital content or any further input from instructors. If for some reason, the Company is unable to provide the services to you, you will be granted a refund for the services that have not been provided.

9.4 Assignment

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10. Legal Provisions

10.1 Delay is not a waiver

The failure of a party to this Agreement to exercise any rights or remedies under this Agreement shall not constitute a waiver of those rights or remedies.

10.2 Severability

If any provisions of this Agreement are held by a court to be invalid, the invalid clauses are to be deemed omitted to the extent of the invalidity and the remaining provisions of this Agreement will remain in full force and effect.

10.3 Governing Law

This Agreement is governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the Victorian Courts.

By signing your agreement, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.