Terms & Conditions of the Peaceful Kids & Peaceful Parents Licence
LICENCE CONTRACT - PLEASE READ CAREFULLY BEFORE PROCEEDING
‘Wellbeing for Kids' (also referred to as ‘we,' ‘us' and ‘our') is the absolute owner of the entire copyright and related intellectual property in the ‘Training Materials' and ‘Kit' in Australia. Brands means the terms ‘Wellbeing for Kids' and ‘Peaceful Kids' and 'Peaceful Parents' (and associated logos) concerning educational services, namely, conducting classes, seminars and workshops in the field of mindfulness, child well-being and parent wellbeing and dissemination of course materials in connection therewith. ‘You’ or ‘your’ means you, your organisation and representatives attending the Peaceful Kids Training program and purchasing the Peaceful Kids Annual License and Kit. This License is not transferable. ‘Parties’ refers to both Wellbeing for Kids and You. ‘Training Materials' refers to the Wellbeing for Kids and Peaceful Parents presentation as shown to you on the training days, worksheets, video presentations, handouts, the ‘Wellbeing for Kids' training manual; the 'Peaceful Classroom' training manual, the ‘Peaceful Kids' training manual and the digital materials supplied to licensed practitioners to present the program to children and parents, including the session guidelines and personalised presentations. Collectively, all materials will be referred to as the ‘Training Materials.' ‘Kit’ refers to the Training Materials, teaching aids, resources, handouts, business support material, logo and digital material supplied to licensed practitioners on signing this agreement and purchase of the Annual Licence.
THE FINE PRINT The Training Materials Annual Licence and Kit are available to the trained person with limitations. In consideration of Wellbeing for Kids agreeing to grant you the Peaceful Kids Training Materials and Annual Licence and Kit, you agree with us as follows:
PREREQUISITES 1. You confirm that you hold a tertiary qualification in either education, counselling, psychology, special education, mental health or you can demonstrate equivalent training or experience in a related field. (Please note: a copy of your qualification will be requested before confirmation of your Peaceful Kids Licence. The suitability of qualification presented by applicants with an alternative qualification or equivalent experience will be decided on a case by case basis). 2. You confirm that you hold a current Australian Working With Children Check and you agree to maintain the currency of this registration. 3. You confirm that you hold Professional Indemnity and Public Liability Insurance for your chosen modality. Please note: a Certificate of Currency will be requested before confirmation of your Peaceful Kids Licence 4. On completing the 2-day Peaceful Parents training, you are required to purchase the Peaceful Parents Licence and Kit from Wellbeing for Kids, if you wish to pursue a private practice delivering this program. 5. This Licence does not allow you to deliver of the Peaceful Kids program in private practice. To deliver the additional Peaceful Kids program in private practice, you must also purchase the Peaceful Kids Licence, available separately.
EXTENT OF LICENCE 6. The purchase of the Peaceful Parents Licence and Kit grants you a non-exclusive, non-transferable, revocable licence to use the Training Materials and the Trade Marks and Brands for the purpose of teaching parents the Peaceful Parents program as 4 session (2 hour) education course, in small groups or in one-on-one sessions, but for no other purpose. You are not permitted to teach this material via webinar. 7. The recommended retail price for parents to enrol in the Peaceful Parents program is $200 in total for the 4 sessions. . 8. The Peaceful Parents program must be delivered to parents in accordance with the Peaceful Parents Training Material and not be adapted in any way. 11. The Peaceful Parents program must only be taught to parents as a standalone product; you are not permitted to incorporate any part of the program with other applications and vice versa. TERMINATION 13. This Peaceful Parents Licence may be revoked by Wellbeing for Kids at any time for any reason. 14. In order to terminate the Peaceful Parents Licence, written notice must be provided with the intent to terminate and intended date of termination. 15. If notification of termination is made up to and for no greater than 60 days from initial purchase of the Annual Licence and Kit a 50% refund will be made. 16. If notification of termination is made after a period of greater than 60 days, no refund will be made. 17. The Peaceful Parents Licence grants the practitioner to teach the Peaceful Parents program for one year. Practitioners must take responsibility to ensure their license is up to date and that they re-license annually at the appropriate time. 18. The Peaceful Kids and/or Peaceful Parents license will be revoked if it is not renewed within 30 days of the renewal date.
OBLIGATIONS 21. As a term of this Annual Licence, you are agreeing to complete and return business surveys relating to the Peaceful Kids program from time to time. 22. As a term of this licence you are aware that Wellbeing for Kids is not responsible in any way for bringing clients to your private practice. It is your responsibility to assure you build your own client base for your Peaceful Kids business.
DISPUTE RESOLUTION 23. On signing this Licence Agreement, you agree to indemnify and hold harmless Wellbeing for Kids for any claim, suit, damages, actions or any costs arising out of any breach of any kind. 24. In the event of any dispute arising as a result of this agreement, the non-breaching party can request that the breach be resolved in 14 days. 25. In the event of a dispute arising that both parties cannot be determined, you agree for the matter to be referred to an independent arbitrator appointed by agreement.
ENFORCEMENT 26. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
EXTENT OF PERMISSION 12. You are not permitted to: a. Hold training, seminars or workshops on Peaceful Parents for adults i.e. train other adults in the Peaceful Parents program and run your own training program or business using any of the Peaceful Parents materials and intellectual property. This includes adapting the resources to run your own training program for adults. b. Sell, part-with or distribute any of the Training Materials or related intellectual property to anyone other than those persons authorised by Wellbeing for Kids; c. Copy or otherwise use any of the Training Materials or related intellectual property or permit any of the Training Materials or related intellectual property to be copied or otherwise used in contravention of this license or any applicable laws or regulations. d. Engage in any conduct or make any representation which may suggest to any person that you are, for any purpose, an agent of Peaceful Parents or Peaceful Kids; e. Reproduce, copy or scan the Training Materials for any reason; f. Modify or adapt any of the Training Materials or Practitioner Materials or related intellectual property for any purpose; g. Translate or deliver the Training Materials into any other language other than English, without written permission h. Use the Training Materials or related intellectual property, including Trade Marks and Brands for any commercial purpose other than providing a service to children and parents; i. Allow or assist any other person or entity to use the Training Materials or related intellectual property in any manner other than as authorised by Wellbeing for Kids. j. You must ensure that the Training Materials are not used or dealt with in any way which is prejudicial to the business, reputation or goodwill of Wellbeing for Kids or infringes the moral rights of the author of the Training Materials. k. Use the Peaceful Parents logo on your website and in your marketing material to promote Peaceful Parents your own business, but use it only to promote 'Peaceful Parents Workshops, or 'Peaceful Parents Course'. l. Use any of the illustrations from the program on your own website, promotional material or social media apart from the Peaceful Parents logo. None of the illustrations are to be used or adapted in any way apart from what is provided in the resources.