Going [ART] Pro

Self Led 


Program Terms & Conditions


(We recommend you download and save for your records)


  1. Accepting These Terms

By signing the agreement & paying the fees for the program, you acknowledge that you have read and will abide by the Terms and Conditions below and agree that your purchase is a contract between you and us, The Art Career Academy,  founded by the coaches Tom Gerrard & Claire Bradshaw

  1. Program 

Inclusions  - Going [ART] Pro:

Inclusions  - Momentum Membership*:

Term
You understand and agree:
2.1 This agreement will begin upon the first payment of the Program fees.
2.2 It will apply for the duration of the relevant Program and completion of any payment plan beyond the Program's length.
2.3 The Art Career Academy reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
2.4 Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
2.5 The Art Career Academy reserves the right to remove Client from Program at any time for any reason.
2.6 Client agrees to be open minded to The Art Career Academy’s Coaches methods and partake in services as proposed. Client understands that The Art Career Academy has made no guarantees as to the outcome of the coaching sessions or Program. The Art Career Academy may revise methods or parts of the Program based on the needs of the Client.

  1. Fees & Payments

3.1 All program fees are as advertised on the website.
3.2 Program fees may change from time to time, and the website will be updated accordingly with new pricing.
3.3 Payment plans are available by recurring direct debit from a nominated credit card
3.4 All payments must be completed online via Stripe, PayPal or bank transactions.

Late payments
3.5 A five-day grace period is applied to late payments. After that time, if payments are not made, your access to the program may be cancelled and no refund given.




  1. Refund Policy

Change of mind
You understand and agree:
4.1 The Art Career Academy will offer a 7 day money back guarantee, after the purchase of Going [ART] Pro Self Led has been made. To receive this refund you will need to email [email protected] stating your reason.
4.2 After 7 days following purchase, you remain liable for the remainder of the Program fee regardless of whether you paid in full or by payment plan.
4.3 You will remain liable for the balance of the payment owed to The Art Career Academy.
4.4 Failure to pay at any time is a breach of this Agreement, and we are entitled to seek legal relief and remedy for this breach and recover the debt you owe.
4.5 Outstanding accounts will be referred to a third party for debt collection.

  1. Online Program Portal

5.1 You must register your details to access the Program content in the Online Program on the Thinkific platform

Portal
5.2 You are responsible for ensuring the details that you provide are correct and current.
5.3 Your password will be emailed to you in your welcome email.
5.4 You are responsible for updating your profile in the membership portal if your email address or any other relevant details change.

Password security
5.5 You are solely responsible for the protection and confidentiality of any password that may be issued to or subscribed for by you from time to time.
5.6 You will not share your password with any other person.
5.7 You will notify us immediately if your password is lost or becomes known to anyone else.
5.8 You are solely responsible for access and use of this Site via your password, whether such access or use is by you or any other person; and
5.9 The personal information you provide to the Program will be treated strictly under our Privacy Policy.


Access To The Program

5.10 You have lifetime access to the Going [ART] Pro content.  If we change online platforms in the future, we will inform you and give you 30 days to download all of the content.  

5.11 Access to the Momentum Membership operates as a subscription and is available for the duration of the agreement and while you are still a paying customer. If you choose to leave Momentum, you will no longer have access to the content.

5.11 If an unforeseen circumstance occurs & The Art Career Academy needs to cancel the program, we will do so by written notice to you. Any payment for unfulfilled services (without any fees or charges) will be refunded to the Participant within 7 days of giving you notice of cancellation. We shall have no further liability to you in respect of cancellation.

  1.  Day-to-day communication

You understand and agree:
6.1 Day-to-day communication for the Program duration is via the Momentum community support in Thinkific

Group
6.2 Unless your communication is personal or confidential, you are requested to post all questions, comments, and observations to the Community group in Thinkific.
6.3 The Community group helps build connections and facilitate group learning, peer support, and education.
6.4 With any private matters such as queries regarding the Program, accounts, or personal issues, please email [email protected]
6.5 Emails are responded to within 48 hours during business hours, Monday to Friday

  1.  Confidentiality

7.1 All information shared with Claire Bradshaw and Tom Gerrard at The Art Career Academy during coaching sessions is confidential and will not be shared with a third party unless required by law.

7.2 Testimonials - The Coaches also agree to protect Client’s Confidential Information. However, from time to time, The Art Career Academy may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to the Coaches sharing Client’s success stories as testimonials on Coach’s website and/or social media

  1. Intellectual Property and Copyright

8.1 In respect of the documents specifically created for the Client as part of this Program, the The Art Career Academy maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished.
8.2 Client receives one licence for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or licence other than those stated in this Agreement. The Coach reserves the right to immediately remove the Client from the Program, without refund, if you are caught violating this intellectual property policy.

  1. Disclaimer

You understand and agree:
9.1 By participating in the Program, Client acknowledges that the Coaches are not medical doctors, psychologists, therapists, attorneys, or financial advisors, and their services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice.
9.2 The Art Career Academy may provide the Client with information relating to products that the Coaches believe might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coaches are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
9.3 The Art Career Academy may provide the Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coaches of The Art Career Academy will not be held liable for the services provided by any third-party to the Client. The Coaches are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
9.4 Any testimonials, earnings, or examples shown through The Art Career Academy's website are only  examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of The Art Career Academy’s programs, courses, and/or services. The Client acknowledges that The Art Career Academy has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Art Career Academy’s website, programs, products or services.

  1. Limitations of Liability

10.1 By using the Art Career Academy’s services and purchasing this Program, the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coaches Tom Gerrard & Claire Bradshaw will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program.
10.2 Client agrees that use of this Program is at the user’s own risk.

  1. Termination

11.1 Either Party may terminate this Agreement by giving the other Party 72 hours written notice.

Termination by the Art Career Academy
11.2 The Art Career Academy may terminate this Agreement if the Participant does not make payment within 5 days of a failed payment plan direct debit.
11.3 Except as provided in this Agreement, where The Art Career Academy terminates this Agreement with or without cause, and through no action or fault of the Participant, any payment for unfulfilled services without any fees or charges will be refunded to the Participant.
11.4 Payment for fulfilled services will not be refunded.
11.5 All access to the Program, Online Portal, resources, and Community space will cease. 

  1. Termination by Participant

12.1 Except as provided in this Agreement, where the Participant terminates this Agreement, the Participant is liable for all outstanding fees and payment is required within seven (7) days of the termination date.
12.2 All access to the Program, Online Portal, resources, and Community space will cease.
12.3 Payment for fulfilled services will not be refunded.

  1.  Dispute Resolution


You understand and agree:

13.1. You will contact The Art Career Academy immediately with any concerns for quick and effective resolution through friendly consultation. Our priority is to ensure that you are happy with the program and feel fully supported throughout it.

13.2. In the event of a dispute, you agree to the following Dispute Resolution Procedure:

a. You must advise Claire Bradshaw at The Art Career Academy in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.

b. You agree to meet with a key representative of The Art Career Academy via Zoom in good faith to seek to resolve the dispute by Agreement and compromise.

c. If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation to the Law Society of NSW 

d. Both parties must attend the mediation provided by the Law Society of NSW in good faith to seek to resolve the dispute.

13.3. Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful.

13.4. Confidentiality is paramount to both parties' personal and professional reputations and standing in their business and community.

13.5. At no time will any communications or discussions be made public, including but not limited to any social media platforms or websites of either Party.

13.6. Any public discussion or comments about either Party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim.


  1.  Governing Law

You understand and agree:

14.1. The Terms and Conditions of this Agreement are governed and construed under the laws of NSW.

14.2. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of NSW.


By proceeding with your payment, you accept the Terms and Conditions contained in this Agreement.