The Performers Path (“TPP”) offers a range of services to assist performing artists, creatives, people and parents of children in the entertainment industry including Initiation Day Workshops, webinars, retreats, consulting, VIP events and The Performers Path Program online or face-to-face programs (“the Services”). Details of the Services provided by TPP from time to time can be found on this website, theperformerspath.com (“Site”). These terms and conditions govern both your (“the Client”) use of this Site and TPP’s provision of the Services.
By continuing to access this Site or otherwise proceeding to engage TPP for the provision of Services, these terms and conditions will apply unamended to the fullest extent permitted by law.
Please note that TPP may change all or part of these terms at any time. If TPP does so, the new terms and conditions will be posted on this Site and will be effective as soon as they are posted. For future use of this Site or with respect of future provision of the Services, these terms may therefore be different. TPP recommends that you read these terms carefully each time you access this Site or use TPP’s Services.
Unless other terms and conditions are expressly accepted by TPP by written amendment which refers to the terms and conditions to be amended, these terms and conditions exclude and supersede all prior discussions, representations and arrangements and any other implied, oral or written terms and conditions whether or not they are endorsed on, delivered with or referred to in any purchase order or other document delivered by the Client to TPP.
Please note that notwithstanding anything else in these terms and conditions, TPP retains the right to terminate the Client’s use of the Site, or otherwise terminate or refuse service, for any reason permitted by law, in its sole discretion.
The content of this Site, together with information provided as part of the Services, is for general information purposes only and does not constitute professional advice. While TPP will take all reasonable steps to provide content that is true and accurate, TPP makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Site or the information contained on the Site; or otherwise in relation to the Services or the information provided as part of those Services, for any purpose. Any reliance the Client places on such information is therefore strictly at the Client’s own risk.
The Client acknowledges and agrees that:
- Testimonials or examples provided on this Site or otherwise provided during provision of the Services do not constitute a representation, warranty or guarantee from TPP that the Client will achieve the same or similar results.
- TPP may receive compensation from affiliated products and services discussed on this Site or otherwise during provision of the Services. Even though TPP may receive compensation in connection with such affiliated products, TPP still seeks to provide its honest opinions, findings, examples and testimonials as they relate to the Services.
- TPP makes no guarantees with respect to the potential success of the ideas or techniques discussed on this Site or otherwise during provision of the Services.
- To the fullest extent permitted by law:
- TPP excludes from these terms and conditions all guarantees, warranties and terms implied by statute, general law or custom; and
- TPP excludes all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of use of this Site or the Services.
Nothing in these terms and conditions must be read or applied so as to exclude, restrict, modify or have such effect on any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.
- TPP, its employees and agents are not responsible for decisions that the Client may make, nor any losses that may arise out of any decision made by the Client. TPP does not make any representation or guarantee about the Client’s ability to achieve certain results or earn any money by implementing the ideas, information, tools, or strategies discussed in provision of the Services.
- TPP disclaims any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. TPP will in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.
Initiation Day Workshops and Webinars
Specifically in relation to Initiation Day Workshops (associated VIP events) and Webinars, the Client acknowledges and agrees that:
- The Client must pay a non-refundable deposit to TPP at the time of making a reservation.
- At the time of making a reservation, the Client must either pay the Workshop Ticket Amount or Webinar Amount (as applicable) in full or otherwise provide valid credit-card details to TPP together with authorisation in favour of TPP to debit the Workshop Ticket Amount or Webinar Amount (as applicable) as soon as practicable after the Initiation Day Workshop or conclusion of the Webinar.
- The Client’s reservation at the Initiation Day Workshop or participation in the Webinar will not be confirmed until both the deposit has been paid and either the Workshop Ticket Amount / Webinar Amount has been paid upfront or credit card details provided in the manner contemplated above.
- Once TPP has confirmed the Client’s reservation at the Initiation Day Workshop and/or Webinar, the Workshop Ticket Amount or Webinar Amount (as applicable) will become due and payable at the conclusion of the Initiation Day Workshop or Webinar (as applicable), regardless of the Client failing to attend (including as a result of TPP’s refusal of entry in accordance with these terms) or otherwise needing to leave the workshop or webinar early.
- VIP tickets are available for post Initiation Day Workshop events for those persons whom have validly reserved their position at the Initiation Day Workshop (including payment in the above manner) and have otherwise attended the full Initiation Day Workshop. If the Client seeks to attend the VIP event, the Client must notify TPP at the time of making the Initiation Day Workshop reservation and either pay the VIP Ticket Amount in full or otherwise provide valid credit-card details to TPP together with authorisation in favour of TPP to debit the VIP Ticket Amount as soon as practicable after the VIP event.
- The Client’s reservation at the VIP event will not be confirmed until the VIP Ticket Amount has been paid upfront or credit card details provided in the manner contemplated above.
- Once TPP has confirmed the Client’s reservation at the VIP event, the VIP Ticket Amount will become due and payable at the conclusion of the VIP event, regardless of the Client failing to attend (including as a result of TPP’s refusal of entry due) or otherwise needing to leave the workshop early.
- TPP reserves the right to refuse entry to the Initiation Day Workshop and/or the VIP event in circumstances where TPP reasonably determines that the Client (or an attendee that is under the responsibility of the Client) is intoxicated, offensive or otherwise argumentative. The Client further acknowledges and agrees that the Workshop Ticket Amount and/or VIP Ticket Amount will become due and payable at the conclusion of the Initiation Day Workshop or VIP event (as applicable), regardless of TPP refusing entry in these circumstances.
- TPP reserves the right to terminate the Client’s participation in a Webinar in circumstances where TPP reasonably determines that the Client (or a participant that is under the responsibility of the Client) is offensive or otherwise contravenes the obligations set out in the “Client’s Obligations” section below.
- Subject to the terms of this provision, the deposit, Workshop Ticket Amount, Webinar Amount and VIP Ticket Amount are not refundable or transferable, unless otherwise determined by TPP in its sole discretion. Where the Client has attended the entire Initiation Day Workshop and/or VIP event and is not fully satisfied, the Client will be entitled to a refund of the Workshop Ticket Amount and/or VIP Ticket Amount (as applicable) providing the Client has notified TPP in writing of the Client’s dissatisfaction and provided reasonable reasons to TPP of such dissatisfaction, before 5pm (Sydney, Australia time) on the day immediately following conclusion of the Initiation Day Workshop / VIP event. Where the Client has participated in an entire Webinar and is not fully satisfied, the Client will be entitled to a refund of the Webinar Amount providing the Client has notified TPP in writing of the Client’s dissatisfaction and provided reasonable reasons to TPP of such dissatisfaction, before 5pm (Sydney, Australia time) on the day immediately following conclusion of the Webinar.
- Payments made by credit card will be automatically processed as soon as practicable following the Initiation Day Workshop / VIP event / Webinar. If the credit card payment is not successful for any reason, attempts to charge will be made in the following days/weeks. If attempts for payment with the card continues to fail, or if a charge-back is claimed by the Client or the Client’s bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported to VEDA.
- The Initiation Day Workshop and associated VIP event are strictly for persons aged 16 years or over. Anyone aged between 16 and 17 must be accompanied to the Initiation Day Workshop and VIP event (where applicable) by a parent or guardian. Both the underage attendee and their parent/guardian must pay the amounts contemplated above.
- TPP has a strict no-child policy at their Initiation Day Workshops and associated VIP events.
The Performers Path Program
Specifically in relation to The Performers Path Program, the Client acknowledge and agrees that:
- The Performers Path Program is a twelve month program. If the Client chooses to partake in the Performers Path Program, the Client is agreeing to partake in the full twelve month program.
- The entire Annual Program Amount is payable by the Client notwithstanding that the Client may cease participation in the Performers Path Program prior to completion of the twelve month program. The Client must provide 30 days prior written notice for cancellation of membership (addressed to email@example.com).
- In registering for The Performers Path Program, the Client must nominate whether the Annual Program Amount will be paid via an upfront one-off payment or via a monthly payment plan. Where the Client elects to pay the Annual Program Amount via a monthly payment plan, the Client must nominate a valid credit card from which each monthly instalment will be debited and provide written authorisation in favour of TPP to debit the monthly instalment amount (on the same day each month as nominated by TPP).
- Payments made by credit card will be automatically processed on the monthly due date. If the credit card payment is not successful for any reason, attempts to charge will be made in the following days/weeks. If attempts for payment with the card continues to fail, or if a charge-back is claimed by the Client or the Client’s bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported to VEDA.
- The Performers Path Program is non-refundable and the Client’s agreement to a payment plan is in place until the full payment is successfully completed. Should the Client wish to terminate their membership prior the Annual Program Amount having been paid in full, the Client will continue to be required to pay the monthly instalment amounts (or otherwise pay the outstanding Annual Program Amount in full), together with those reasonable administration fees advised by TPP at the time of registering for the Performers Path Program.
- Invoices for the Performers Path Program are automatically generated and can be requested at any time by emailing firstname.lastname@example.org.
- The Performers Path Programs are not transferable.
- Members of The Performers Path Program have the opportunity to be selected by TPP to be involved in a range of The Performers Path Program activities, associated entities (such as Tribe and Facebook Group) and online consulting. Each program is unique and exclusive to TPP. The Client acknowledges and agrees that should TPP select the Client to be involved in TPP’s programs or activities, the Annual Program Amount will be reduced commensurately as compensation for such involvement (such amount will be determined by TPP acting reasonably). Members of The Performers Path Program selected by TPP to participate will be provided training and will have full access to The Performers Path Program. Any failure to complete those duties for which the Client is receiving compensation (by way of reduced Annual Program Amount) will result in debiting of the monthly instalment amount to recommence in the manner contemplated above.
The Get-An-Agent Guarantee
TPP offers those Clients who have successfully undertaken the Power Path Program the opportunity to participate in the Get-An-Agent Guarantee.
Clients wishing to take advantage of TPP’s Get-An-Agent Guarantee must:
- Notify TPP of the Client’s desire to take advantage of the Get-An-Agent Guarantee;
- Successfully complete the Power Path Program; and
- Provide TPP with a fully completed pitch pack in the format reasonably required by TPP.
The Client acknowledges and agrees that within 12 months (commencing on the date on which TPP confirms that the Client’s pitch pack is in the required format), TPP will ensure that the Client is provided with an agent located in a ‘hub city’ within the Client’s country of residence:
- For Clients living in Australia, the hub cities are Sydney and Melbourne.
- For Clients living in the United Kingdom, the hub city is London.
- For Clients living in Canada, the hub cities are Vancouver and Toronto.
- For Clients living in the USA, the hub cities are Los Angeles and New York.
- For Clients living in New Zealand, the hub city is Auckland.
The Client acknowledges and agrees that the Get-An-Agent Guarantee will become void should the Client’s own actions lead to the target agent determining that the Client cannot be signed with that agent. The Client releases TPP from any and all liability, costs and damages (whether direct, indirect, special or consequential) arising from an agent’s refusal to sign the Client in such circumstances.
The All in Lifetime Membership
Specifically in relation to The All in Lifetime Membership, the Client acknowledge and agrees that:
- The All in Lifetime Membership is a lifetime membership which entitles the Client to ongoing access to those programs identified by TPP from time-to-time.
- The All in Lifetime Membership Amount is payable by the Client at the time at which the Client registers for the All in Lifetime Membership.
The All in Lifetime Membership is non-refundable and is not transferable.
We ask you to treat others with respect and kindness in The Performers Path, The Initiation Day Workshop, The LAB, Facebook Groups and other programs offered by TPP. Any divisive or un-toward posts or behaviours will be deleted and TPP reserves the rights to remove offending members from The Performers Path Program immediately (without refund).
The Performers Path Facebook Group is not to be used as a portal for self or business promotion and failure to adhere to these guidelines may result in a written warning or removal from the group. This includes the harvesting of members both publicly and privately to recruit to other communities, products or services.
The Client is not permitted to copy, print, distribute or promote the content within this Site or otherwise obtained from or via TPP without prior written approval from TPP which may be given or withheld in TPP’s sole discretion.
All payments are to be made in Australian Dollars(AUD). All AUD advertised pricing includes GST. Any programs run by TPP and other Australian based programs are also charged in AUD.
The material contained in this Site, including our name, logos, slogans, data, information, graphics, underlying software, are protected by copyright, trademark and other intellectual property laws, are owned by TPP and our licensees and are available for your personal use only.
You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these terms and conditions or with our express permission (which TPP may withhold in its sole discretion). All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these terms and conditions.
This Site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of TPP (which TPP may withhold in its sole discretion).
Links to Third Party Websites
Links to other websites may be provided from this Site. In those circumstances we have no control over the content of those third party websites. We make no warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current, or free of defects including but not limited to, viruses or other harmful elements. The user of this Site will assume all risks and costs arising from the use of any website linked to this Site.
The Client agrees to indemnify and hold harmless TPP and any affiliated organisations, and its directors, officers and employees from any claim or demand (including costs, losses and consequential losses) made by the Client or any third party against TPP, its affiliated organisations, directors, officers or employees due to or arising out of the Client’s use of this Site, the Services, or any violation of these terms and conditions.
No Offer of Products or Services
Nothing contained in this Site will constitute an offer by TPP for any products or services which may be advertised through the Site including its micro site pages. TPP does not make any specific warranty or representation of any kind with respect to any such information. TPP will not be liable to the Client or any person who incurs any loss or damage as a result of relying upon any such information.
These terms and conditions are governed by and must be construed in accordance with the laws of New South Wales, Australia. Any dispute arising from these terms and conditions or a breach of any agreement between TPP and the Client will be governed by the laws of New South Wales, Australia. As a user of this Site and TPP’s Services, the Client submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
TPP welcomes enquiries or feedback regarding this Site, our Services or any ideas that you may have. Unless specifically stated by you we will treat any information you provide us with, as non-proprietary and non-confidential.