1. Course, Bar Experience, Database Access & Behaviour
1.1 Blinding will provide the Course on the dates and at the times specified, subject to clause 3.
1.2 As part of the Course, Blinding will offer Bar Experience to the Registrant to provide training and hands on experience to Registrants, which can be added to the Registrant’s résumé.
1.3 The parties agree to negotiate reasonably as to the time and place of the Bar Experience, but Blinding’s management requirements shall take precedence.
1.4 Blinding grants to the Registrant a non-exclusive licence to access the Database and use the Materials during the Course and for a period of twelve (12) months after completion of the Course.
1.5 Blinding reserves the right, but is under no obligation, to grant a further non-exclusive licence to access the Database and use the Materials for such period and at such further Fees as Blinding shall, in Blinding’s absolute discretion, determine.
1.6 The Registrant hereby acknowledges that ownership of all IP Rights and other ownership rights in relation to the Database and the Materials vests and remains vested in Blinding and that the Registrant may not sub-license, copy, use, or otherwise permit any third party to use or have access to the Database and the Materials or part thereof, without the written consent of Blinding.
1.7 The Registrant hereby agrees to:
(a) behave appropriately during the Course; and
(b) show an appropriate level of respect to the presenters and fellow Course attendees,
… failing which Blinding may exclude the Registrant from the Course immediately.
2.1 Blinding may, at the Registrant’s request, as the Registrant’s agent, assist with arranging accommodation with an accommodation provider, to enable the Registrant to attend the Course, but accepts no responsibility for the quality of the accommodation.
2.2 The Registrant must pay any accommodation provider in full no later than ten (10) Business Days prior to the accommodation being required.
3. Alteration and Cancellation
3.1 The Course is intended to run as advertised, but Blinding reserves the right to:
(a) alter the Course programme or presenter(s) at its discretion; and
(b) postpose or cancel a Course due to insufficient numbers.
3.2 Registrants will be notified of any postponement and a credit for the Course value will be carried forward to another Course.
3.3 Registrants will be entitled to a full refund if a Course is cancelled by Blinding.
3.4 Cancellations by a Registrant will:
(a) if notified to Blinding at least ten (10) Business Days prior to the Course taking place – result in a full refund, less a $50.00 cancellation fee; and
(b) otherwise, will not result in a refund.
4. Fees & Payment
4.1 The Fees shall be paid for in full no less than ten (10) Business Days prior to the Course taking place, in cleared funds, but a Registrant may apply to Blinding for the right to pay Fees by instalments.
4.2 Blinding reserves the right to increase the Fees from time to time. The Registrant agrees to pay the then current Fees.
4.3 Blinding shall provide a valid receipted tax invoice in respect of the Fees.
5. Privacy & Confidentiality
5.1 The Registrant hereby:
(a) acknowledges that Blinding may use photography and filming from its events for future promotional use; and
(b) grants Blinding permission to:
(i) photograph and film the Course and events for future promotional use; and
(ii) use the Registrant’s name and organisation (if appropriate) in the Course delegate list available to speakers and delegates.
5.2 Subject to the provisions of this clause, the Registrant must:
(a) keep these Terms and all Confidential Information, confidential and secure; and
(b) not use, disclose, or permit the use or disclosure of, these terms or any part of the Confidential Information to any third party, other than for the purpose of properly exercising its rights or discharging its obligations under these terms.
5.3 Each party must, upon request of the other party, provide details of the third parties to whom disclosure has been made, and why such disclosure or use was necessary.
5.4 The provisions of paragraphs 5.2(a) and (b) do not apply in circumstances where a party discloses the details of these terms or any part of the Confidential Information to comply with any applicable law or legally binding order of any court or governmental agency. The parties must only disclose the minimum required to comply with the applicable law or order.
5.5 The parties’ obligations under this clause will continue until the Confidential Information disclosed to it falls into the public domain other than by that party’s breach of these terms.
5.6 Blinding collects the personal information contained in the Application pursuant to the provisions of the Privacy Act 1988 (Cth) and the National Privacy Principles. The information is collected by Blinding to enable it to deal with the matters the subject of the Application and to provide its services and benefits to its clients. Blinding may also use this information to satisfy statutory and regulatory requirements, to perform administrative tasks, and to enable third parties (including data storage providers) to assist Blinding in providing its services to its clients.
5.7 If the information collected by Blinding in the Application is not provided, Blinding may not be able to provide its services and benefits as effectively, or at all. Individuals who provide personal information collected by Blinding may gain access to that information.
6. Warranties, Representations and Limitation of Liability
6.1 Blinding does not give, and no person purporting to act with the authority of Blinding has given, any condition, warranty or representation whatsoever in favour of the Registrant as to the condition or quality of the Course or the Bar Experience.
6.2 Blinding specifically gives no guarantee that the Registrant will be able to complete the Course, nor that completion of the Course by the Registrant will result in the Registrant gaining employment as a bar-tender or in any other capacity.
6.3 Blinding’s liability to the Registrant is also limited to the value of this contract in relation to compensation paid to the Registrant and Blinding will not be liable for, and the Registrant releases and discharges Blinding from, any loss or damage whatsoever and whenever caused to the Registrant or its agents or employees, in relation to special, indirect, or consequential damages, loss of profit, goodwill, or revenue, or loss of anticipated saving or loss, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss, or otherwise, arising directly or indirectly from or incidental to the Course or the Bar Experience or any accident to or involving the Course or the Bar Experience (whether occasioned by the negligence of Blinding or otherwise) or which may otherwise be suffered or sustained as a result of the Course or the Bar Experience or as a result of a breach of these terms by it or as a result of a breach of duty of care or negligence arising at law.
7. Termination Provisions
7.1 It is an Event of Default if the Registrant breaches any of clauses 1.6, 1.7, 3.1 or 4.
7.2 If an Event of Default occurs, Blinding may:
(a) terminate forthwith this Agreement and/or the Licence and/or the Bar Experience;
(b) retain all Fees and other moneys previously paid by the Registrant to Blinding; and
(c) sue for any loss of profits and consequential damage it has suffered as a consequence of the Event of Default.
7.3 Upon termination, the Registrant shall forthwith discharge any outstanding Fees and return all Materials.
7.4 The Registrant shall reimburse Blinding for all reasonable fees and expenses incurred by Blinding in connection with the recovery of overdue accounts and/or the collection of the Materials and/or an Event of Default, including legal fees on a solicitor and client basis.
8. Force Majeure
8.1 No failure or omission by the parties to perform any of their obligations under this Agreement, except a failure to pay money will be a breach of this Agreement or will create any liability, if such failure or omission arises from any cause or causes beyond the control of the relevant party, including but not limited to effects of a pandemic, quarantine or other restrictions, acts of god, fire, storm, lightning, flood, earthquake, acts of the public enemy, war, rebellion, insurrection, riot, invasion, strikes and lockouts.
8.2 A party seeking to rely upon clause 8.1 must promptly advise the other party by notice in writing of the details of the relevant event.
9. Miscellaneous Provisions
9.1 Any notice required to be served on either of the parties may be served personally or be left at or sent by letter or e-mail addressed to the other party at the party’s address or e-mail address specified on the Application. If posted, the notice shall be deemed to be served two (2) Business Days after posting. Notices sent by e-mail shall be deemed to be duly given within one (1) Business Day of receipt by the sender of a transmission control report from the dispatching machine indicating successful transmission.
9.2 If any part of these terms is or becomes void and unenforceable then that part is or will be severed from these terms and the remainder shall not be affected.
9.3 The Course, the Licence, and these terms shall be governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.
In these terms, the following words shall have the following meanings:
Application means the online application for a Course, completed by the Registrant.
Bar Experience means shifts at bars “Lot Twenty” and/or “Tiki as FK”, or other at award winning bars, totalling twenty (20) hours, during and/or after the Course.
Blinding means Blinding Pty Ltd (ACN 146 697 314, ABN 97 146 697 314) trading as “Gary Beadle’s International Bartending School” of PO Box 14, Mt Hawthorn, Western Australia 6915.
Business Day means a day which is not a Saturday, Sunday, or public or bank holiday in Western Australia.
Confidential Information includes, but is not limited to:
(a) the Database and the Materials;
(b) financial and technical information;
(c) any commercially valuable information; and
(d) any information which either party identifies as confidential,
… but excludes information which:
(e) is already in the public domain;
(f) subsequently is in the public domain other than as a result of an unauthorised disclosure by the receiving party or its representatives; or
(g) is or becomes available to the receiving party from a third party who is legally entitled to possess and provide the information to the receiving party without a confidentiality restriction.
Course means the course provided by Blinding at “Lot Twenty”, 198-206 William Street, Perth, Western Australia 6000, or such other place as Blinding shall determine from time to time, the details of which are specified on the Application.
Database means Blinding’s online database of cocktail instructions.
Fees means the fees payable to Blinding for attendance on the Course and any other fees charged by Blinding pursuant to these terms, quoted in Australian Dollars and inclusive of GST and other taxes.
Licence means the licence granted to the Registrant pursuant to clauses 1.4 and 1.5 of these terms and Conditions.
Materials means all materials provided to the Registrant by Blinding for the purpose of the Course.
Registrant means the person registering for the Course on the Application.