1       START DATE
(a) This Agreement starts on the date you accept it and applies from that date (Start Date) until you end it (terminate it) under clause 15 of this Agreement.

2       YOUR PROMISES TO US
(a) You are the parent/ guardian of the Student named in the Registration Form.

(b) You give consent and permission for the Student to:

(1) participate in the Sessions; and

(2) attend Sessions independently at the Location (unless it has been agreed between the parties that the Sessions will be held online or somewhere else).

3       OUR PROMISES TO YOU
(a) In exchange for paying the Price (our fee), we will provide the services (Services) either with Eliza Yeo or our Team.
(b) Where the Tutor is not Eliza Yeo, we will ensure that the Tutor providing the Tutoring Session is suitably qualified with a valid and current Working with Children Check.
(c) As part of our Services, we will provide Sessions between the Student and a Tutor. Sessions will be provided in accordance with this Agreement.

(d) You can request a change to the Services by providing written notice, including an email, to us (Variation Request). We have no obligation to comply with the Variation Request until:

(1) we have confirmed the Variation Request is acceptable in writing, including any required variation to the Price to perform the Variation Request (Price Variation);

(2) the Price has been adjusted to reflect the Price Variation; and

(3) you have paid us the adjusted Price in accordance with the Payment Terms.

(e) If there is a problem with the Services which is caused by a breach of this Agreement by us (Our Breach), you must notify us of Our Breach within 24 hours of your session. If we have committed a breach, we limit our liability to you to either fixing Our Breach (such as supplying a make-up session) or refunding you for that portion of the Price (eg refunding you for a session we missed).

4       WHAT WE EXPECT FROM YOU AND YOUR CHILD
(a) You must comply with this Agreement and all of our reasonable requests or requirements, including your obligations in relation to Sessions set out at Clauses 7, 8 and 9.

(b) You must obtain, and provide to us, all things reasonably necessary to enable us to provide the Services, including any available information about the Student’s current grades and performance at school.

5       PAYMENTS
(a) The Price, any extra costs for goods (including the cost of any materials that are extra to the Sessions) and any other amounts payable to us under this Agreement must be paid by the selected payment method set out in the Registration Form (Payment Terms). If we do not receive payment in accordance with our Payment Terms we reserve the right to suspend or reschedule that Session at our sole discretion until such time as payment is made as required.

(b) If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services and/or charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

6        GST
(a) We reserve the right, where we are registered and notify you we add GST to our account, GST on top of our invoice. All prices will be clearly notified to you on our invoice and if we do pass on GST it will be clearly set out.

7      SESSIONS
(a) Sessions will be provided as follows:

(1) for Regular Students, only during the School Term; and
(2) for Holiday Students, only during the School Holiday Period.

(b) Students may be both Regular Students and Holiday Students. 

(c) Regular Students are required to confirm renewal of Sessions at least 21 days before the end of each School Term in order to continue Sessions for the following School Term.

(d) Subject to Clause 11, Sessions may be provided either in person or online as agreed between us. Where the Sessions are provided in person, they will take place at the Location unless otherwise agreed. 

(e) All students who attend a Session are expected to treat the Tutor with courtesy and respect. Any students who displays prejudicial, disrespectful, dangerous or inappropriate behaviour towards their Tutor may have their Session immediately terminated by the Tutor and we may subsequently terminate this Agreement with immediate effect.

(f) Students must be prepared for each Session, including completing any assignment, exercises or homework which has been set by the Tutor (if applicable). You acknowledge and agree that where the Student fails to be prepared or complete set exercises from the Tutor, this may negatively affect the outcome of our Services. We do not take responsibility for the Student’s failure to undertake homework tasks we have set them between sessions.

(g) Sessions are not recorded by us. You must not, and you must ensure the Student does not, record any Session using a camera, phone or any other recording device, unless we have given prior consent.

8       EMERGENCY CONTACT
(a) While the Student is participating in the Session, you or another adult who is a parent or guardian of the Student must be available to accept a phone call at all times and, if necessary, to deal with an emergency. You must provide us with all necessary contact details where this person will not be you.

(b) If there is an emergency during the Session, the Tutor is under no obligation to take any particular action. In the event of doubt, the Tutor will contact a medical professional or the police. We have no Liability in relation to any harm, injury or death which occurs while the Student is at a Session.

9       DELAYS AND CANCELLATIONS
(a) You must provide at least 12 hours’ notice to cancel or reschedule our Services for a Session. If you cancel with less than 12 hours’ notice, you will forfeit that Session and we reserve the right to charge you the full cost for that Session.

(b) In rescheduling a Session, the following will apply: 

(1) we will only offer one rescheduled Session per term;

(2) we will provide you with a list of available dates and times to choose from to reschedule the Session (Available Reschedule Dates). Where none of the Available Reschedule Dates are suitable for you, we will try our best to try and arrange an alternate time and date with you which suits both parties, however if this is not possible then the Session is forfeited and we reserve the right to charge you the full cost for that Session; and

(3) any rescheduled Session must take place within the same School Term or the School Holiday Period that the original Session was scheduled for. Any Session which is not rescheduled within the set period for any reason will be forfeited and we reserve the right to charge the full cost for that Session.

(c) Subject to Clause 10(d), if a Student arrives late to a Session, the Session will still finish at the time scheduled and no refunds will be provided in this instance. 

(d) If a Student is late by more than 15 minutes late for the Session, this will be considered a no show by the Student and the Session will be forfeited, with the full cost for that Session charged.

(e) Where a Tutor is delayed to the Session, we will extend the Session by the same amount of time by mutual agreement to make up the delay at no additional cost to you.

(f) Any delays or interruptions during a Session caused by you or the Student may incur additional charges based on the hourly rate.

(g) Group Sessions will take place at a set time and date and may not be rescheduled by you or a Student.

(h) We may cancel our Services for a Session with reasonable notice to you in the event the cancellation is necessary due to circumstances beyond our control. You agree we have no other Liability to you if this clause applies.

10    COVID-19
(a) Due to the COVID-19 pandemic, we may request for you and the Student to comply with certain health and safety measures (COVID Safe Policy) when attending the Session. You agree that you and the Student will comply with our COVID Safe Policy, which may include (but is not limited to) some or all of the following:

(1) washing hands or using hand sanitizer prior to the start of the Tutoring Session; and

(2) not attending the Session if the Student has any symptoms of cold, sickness or flu, regardless of whether or not the Student has been tested for COVID-19.

(b) Failure to comply with our COVID Safe Policy means the Student may be required to leave the Session at our absolute discretion and no refund will be issued under these circumstances.

(c) Where Sessions are to take place in person, and in the event that any circumstances related to the COVID-19 pandemic affects this delivery (including where a Tutor or Student has tested positive for COVID-19), we reserve the right at our sole discretion to move the Sessions online to be provided through an online platform of our choosing, provided all parties are still able to attend the Session and the Session has not been cancelled or rescheduled in accordance with Clause 10.

(d) We will use reasonable endeavours to notify you as soon as reasonably possible if we are required to move an in person Session online.

(e) If Sessions are moved online due to COVID-19, you will be charged the Price as normal unless you have cancelled or rescheduled the Session in accordance with Clause 10. 

11    INTELLECTUAL PROPERTY
(a) As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Team, including our teaching resources will at all times remain owned by us.

12    LIMITATIONS ON OUR LIABILITY TO YOU
Despite anything to the contrary, to the maximum extent permitted by law:

(a) you warrant that you have not relied upon any promise  or statement by us to enter into this Agreement; 

(b) our maximum Liability from or in connection with this Agreement will be limited to, and will not be more than the portion of the Price you pay us for the Services that are the subject of any claim;; 

(c) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 

(1) event or circumstance beyond our reasonable control; 

(2) your acts or omissions or those of your child;

(3) defect, error or lack of suitability of the Services for your child; or

(4) any anticipated or actual benefit or results obtained by your child in their school or other assessments with respect to the Services; and/or

(d) you agree to indemnify us for and against all Liability arising from or in connection with any wrongful act or omission by you or your child. 

13    AUSTRALIAN CONSUMER LAW
(a) Subject to the below, any condition or warranty which would otherwise be implied in this Agreement is excluded.

(b) Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:

(1) in the case of services, to any one of the following as determined by us:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

14    DISCLAIMER
You agree to proceed with our Services on the following basis:

(a) the success of our Tutoring Sessions depends on a variety of external factors, including the behaviour of the Student and the practice and or completion of any exercises we set by the Student. Therefore we do not guarantee that the Tutoring Sessions will produce any desired success or improvement of the Student’s performance at school; 

(b) you accept full responsibility for all actions and behaviour of the Student and release us from all Liability and indemnify us in the event of any claims, costs or expenses which arise due to the conduct of the Student during any Tutoring Sessions; and

(c) while we will take all reasonable precautions to keep your details and those of the Student secure, we will not be liable for any unauthorised access or disclosure of information by third parties and you release us from all Liability in this regard.

15    TERMINATION
(a) This Agreement will terminate:

(1) for Regular Students, automatically at the end of each School Term, unless renewed by you with at least 21 days’ notice prior to the start of the next School Term;

(2) for Holiday Students, automatically at the end of the School Holiday Period for which they have signed up for Tutoring Sessions;

(3) for all students:

(A) immediately on written notice by us, if you breach this Agreement and that breach has not been remedied within 5 working days of being notified by us; or

(B) immediately on written notice by you, if we breach a material term of this Agreement and that breach has not been remedied or overcome within 15 working days of being notified by you.

(b) On termination of this Agreement, you will:

(1)where this Agreement is terminated under clauses 15(a)(3), immediately pay to us the Price and all of our additional costs resulting from the termination;

(2) where this Agreement is terminated under clause 15(a)(3), immediately pay to us the Price for the Services performed up to the date of termination (and all other amounts due and payable to us under this Agreement);

(3) immediately return to us all property, including Confidential Information, belonging to us or our Team; and

(4) not use any intellectual property rights (including copyright) belonging to us or our Team.

(c) You acknowledge that where you have failed to renew the Agreement in accordance with Clause 15(a)(1), the Student’s Session time and spot may be given away to another student with no notice to you. We do not guarantee that we will have availability or capacity to take on the Student at a later term if you have failed to renew the Agreement, including if you renewed the Agreement late.

(d) Termination of this Agreement will not affect any rights or liabilities which a party has accrued under it. 

16    DEFINITIONS 

In this Agreement, the following definitions apply:

Confidential Information includes information which:

(a) is disclosed to you in connection with this Agreement at any time;

(b) is prepared or produced under or in connection with this Agreement at any time; 

(c) relates to our business, assets or affairs; or 

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and regardless of how you receive that information. 

GST means:

(a) the same as in GST Law;

(b) any other goods and services tax, or any tax applying to this agreement in a similar way; and

(c) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Holiday Students means the students who attend Tutoring Sessions during the School Holiday Period.

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Parties means the parties to this Agreement.

Payment Terms means the payment method selected at the Registration Form and set out at Clause 5(a).

Price means the full price for the Services, which is set out on the website and displayed on the invoice.

Registration Form means the form on the front page of this Agreement.

Regular Students means the students who attend Tutoring Sessions during the School Term.

School Holiday Period means the periods outside the School Term dates.

School Term means the school term dates set by the Queensland government.

Services means the tutoring services in relation to the tutoring subjects set out in the Registration Form.

Student means the student set out in the Registration Form.

Team means a Party’s employees, consultants, suppliers, subcontractors or agents.

Tutor means Eliza Yeo or another qualified employee or contractor who is part of our Team.

Tutoring Location means 214 Days Road, Grange 4051, or any other location as specifically agreed between the parties.

Tutoring Session means either 1:1 or group tutoring sessions between a Tutor and the Student.

17    GENERAL
(a) Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).

(b) Confidentiality: You will (and will ensure your Team will) keep confidential, and not use or permit any unauthorised use of, any Confidential Information without our prior written consent, except where the disclosure is required by law.

(c) Notices: Any notice given under this Agreement must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(d) Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

(f) Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.

(g) Amendment: This Agreement may only be amended by written instrument executed by all parties.

(h) Survival: Clauses 2, 3(e), 7(f), 8(b), 9(h), 11, 12, 13, 14, 15(b), 17(a) and 17(b) survive termination of this Agreement.

(i) Governing law: This Agreement is governed by the laws of Queensland.

 If you have any questions, please contact us below:

Eliza Yeo trading as Curious Minds Collective (ABN 35740665813)

Phone: 0423 631 781

Email: hello@curiousmindscollective.com.au