Terms and Conditons | Driven Young

DRIVEN YOUNG PROGRAM & COMMUNITY TERMS & CONDITIONS

The following terms & conditions (the Terms) apply when you enrol into one of our experiences, Program or Community (defined below) with us. In these Terms, “we” and “us” means Driven Young Pty Ltd (ACN 631021344), “you” means the person who books and/or attends a Community and “Community” means the Driven Young Community or Program, or where applicable another event run by us. We may review and update these Terms from time to time without notice, which means the Terms may have changed since you last read them.

BY ENROLLING IN OR ATTENDING A PROGRAM OR COMMUNITY WITH US YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS.

Bookings

1. Eligibility: You must be 18+ to participate in the Community.
2. Acceptance into the Community: Acceptance of individual participants into the Community is subject to our approval. We reserve the right to refuse or restrict applicants at our discretion without providing a reason for our decision.
3. Group Size: The group size for each Community may vary and is at our sole discretion.
4. Booking Process: Bookings for our Communities can be made via our website found at drivenyoung.com, or by any other method offered by us. Bookings are not confirmed until you receive an email from us confirming your enrolment.
5. Accuracy: You warrant that you will complete all booking information accurately and that the information you provide to us in relation to your booking/s will be complete and truthful. Providing false information is a breach of these Terms and could lead to your involvement in the Community being suspended or terminated without refund.

Your Obligations

1. Suitability: You confirm that you are a suitable person for participation in the Community considering the nature of the Community, scope of activities including any Recreational Activities, and code of conduct obligations.
2. Participation: You acknowledge that the success of the Community requires active engagement from its participants, including you. We encourage you to participate in all Community activities, including weekly challenges, in-person events, and online workshops (no refunds apply in the event of non-participation).
3. Code of Conduct: You agree to abide by the Community's Code of Conduct available at www.drivenyoung.com/code-of-conduct and all other reasonable behavioural guidelines we communicate to you when participating in the Community. These requirements include:
- Always behaving respectfully towards others.
- Participating in the Community in a constructive manner.
- Responsible consumption of alcohol.
- No behaviour that is illegal, harmful, disruptive, or disrespectful to others.
- Examples of prohibited behaviour include but are not limited to harassment, bullying, discrimination, racist or sexist behaviour, physical assault, unwelcome romantic or sexual advances, and illegal drug taking.

In the event of an actual, suspected, or anticipated breach of this term, we reserve the right to remove or restrict any participant's involvement in the Community, notify law enforcement authorities, emergency services and/or take legal action to protect the safety and well-being of our Community members. You hereby indemnify us on demand for all losses, costs, damages, and expenses we suffer as a result of your breach of this term.
4. Property: You are responsible for taking care of your personal property while participating in the Community and for insuring it against all loss or damage. To the fullest extent permitted by law, we exclude all liability for loss or damage to property arising in connection with the Community.

Our Liability

1. Liability: To the fullest extent permitted by law, all implied guarantees, conditions, warranties and other terms are excluded, but nothing in these Terms limits, modifies or excludes any condition, guarantee, warranty, right or remedy implied or imposed by law which cannot lawfully be limited, modified or excluded, which may include the availability of consumer guarantees and warranties under the Australian Consumer Law.
2. Recreational Activities: The Community may incorporate “Recreational Activities”, which are sports and similar leisure activities, and activities involving significant physical exertion or physical risk that are undertaken for recreation, enjoyment, or leisure or as otherwise defined by law. You acknowledge that Recreational Activities are by their nature risky and can result in physical injury, death, triggering or worsening of medical conditions, mental harm or distress, and damage to property. You are responsible for notifying us in writing in advance of any medical conditions or other circumstances which would preclude or impact your participation in any of the proposed Recreational Activities.
3. Liability Relating to Recreational Activities: Pursuant to the circumstances envisaged by Section 139A of the Competition and Consumer Act 2010 (Cth), to the fullest extent permitted by law we exclude all liability to you for death or personal injury in relation to the supply of Recreational Activities as part of the Community. This exclusion shall not operate to limit our liability arising due to our fraudulent or reckless conduct.
4. Maximum Liability: To the fullest extent permitted by law and subject to clause 10 of these Terms (Liability), our aggregate liability to you for any loss, damage, or injury in connection with these Terms, however arising, in tort (including negligence), under any statute, custom, law, or any other basis shall be the price paid by you for the Community.
5. Members Events and Other Non-Community Events, Activities, and Engagements: Given the nature of the Community, from time to time participants may choose to engage socially with each other during and after completion of the Community, whether via digital means, in person, or at events or gatherings (“Non-DY Events”). Non-DY Events include events which are not organised by us, but which we list on our platform, such as those that feature on our "Member Calendar". These events and other interactions are outside of our control and are not facilitated, managed, or supervised by us. You acknowledge and agree that we have no liability whatsoever in relation to Non-DY Events/Member events and any other engagement you may have with participants outside of the Community.
6. Not Medical Treatment: Our Communities are social and wellbeing programs and do not amount to any form of medical treatment. You acknowledge that our Representatives are not medical professionals nor qualified therapists and the Community is not intended to diagnose, treat, or cure any mental or physical health conditions.
7. Representatives: All the exclusions of liability included in these Terms apply to us and for the benefit of representatives of Driven Young Pty Ltd including Byron Dempsey, our employees, contractors, agents, and volunteers (Representatives). Any complaints relating to the conduct of our Representatives should be reported promptly to admin@drivenyoung.com.
8. Volunteers: The Community may incorporate volunteers who choose to commit their time to assisting in the delivery or facilitation of events, activities, or interactions. You acknowledge that our volunteers are untrained and are not acting in a professional capacity when engaging in the Community. You agree not to rely on any advice received from volunteers or any other actions or omissions by volunteers other than those expressly authorised and endorsed by us.
9. Participants: Our Communities bring together a range of individuals. While we take steps to verify that individuals meet our eligibility requirements, we do not conduct screening of individuals prior to acceptance into the Community. We offer no representations regarding the suitability, health, personality, physical or mental characteristics or other attributes of participants. We are not responsible for the conduct of individual participants whether during or outside of the Community.

Media Release: By enrolling in the Community, you grant us the right to use your name, likeness, voice, and image in any photographs, videos, or other media taken or recorded during the Community. You also grant us the right to edit, use, and reuse any such media for promotional or marketing purposes including on our website and social media, without further compensation or notice to you. If you do not wish to be included in any such media, please notify us in writing prior to the start of the Community.

Payment

1. Price: The price payable for the Community will be as advertised [on our website or as otherwise communicated to you] at the date you make your booking. We reserve the right to vary our pricing for Communities from time to time without notice, but any change will not affect existing bookings.
2. GST: Our prices are inclusive of GST.
3. Payment Plan: If we offer a payment plan and you choose to pay for the Community using this plan, you agree to make all scheduled payments in full and on time.
4. Non-Payment: If you fail to make any payment when due we can suspend or terminate your Community participation at our discretion. No refunds will be payable in such circumstances.
5. 7-Day Refund Window: If you decide to cancel your enrolment within 7 days of purchasing, you are entitled to a full refund of the price paid for the Community or program. To be eligible for the refund, you must notify us in writing within the 7-day window. After this period, no refunds will be given unless otherwise agreed in writing. As part of your enrolment, you may receive a bonus welcome box sent to your home. If you choose to cancel within the 7-day refund window, you must return the welcome box to us to receive a full refund. If you do not wish to return the welcome box, you will receive a refund minus the cost of the welcome box, which is $150.
6. Legal Action: We reserve the right to pursue legal action if necessary to collect any outstanding payment from you, and to recover the costs relating to such action from you.

Third Party Activities

1. Inclusion of Activities: From time to time the Community may incorporate activities or events provided by other third parties i.e. companies or individuals which are not related to us, which are incorporated into the Community, such as outdoor physical activities, workshops, and events (Third Party Activities).
2. Third Party Terms: Participation in Third Party Activities may be subject to additional terms required by the third party such as contract terms, liability waivers, consents, and other conditions. You acknowledge and agree that when these apply you will be bound by them. If you do not wish to be bound by any third party term you must notify us in writing prior to participating in the Third Party Activity. Please note refusal to be bound by the third party terms may result in suspension or termination from the Community.
3. Liability: We are not responsible for the quality, timeliness, or completeness, nor do we have any liability for, Third Party Activities.

Postponement or Cancellation of Events

1. Postponement: We reserve the right to postpone or cancel any scheduled Community activity for reasons including but not limited to adverse weather conditions, illness of a facilitator, unavailability of a venue, or other circumstances beyond our control. Where we postpone or cancel an activity, we will use our best efforts to notify you as soon as possible and either reschedule the event or provide a refund at our discretion.
2. Cancellation by You: If you need to cancel your attendance at a Community activity, please notify us in writing as soon as possible. Please note that no refunds will be given for cancellations by you unless otherwise agreed in writing.

Agreement to Event Terms and Conditions

By agreeing to these Driven Young Program Terms and Conditions, you also acknowledge and agree to the terms and conditions of any events, retreats, or workshops hosted by Driven Young, including but not limited to the Driven Young Retreat. If you choose to participate in any of these events, including the retreat, the specific Retreat Terms and Conditions will apply.

We recommend reviewing the retreat terms carefully before attending, as they cover important information related to participation, liabilities, cancellation, and behaviour standards. By joining the Driven Young Program, you are agreeing to both the Driven Young Program Terms and the Retreat Terms and Conditions should you decide to join.

General

1. Amendments: We reserve the right to amend these Terms from time to time without notice.
2. Entire Agreement: These Terms constitute the entire agreement between us and supersede all prior agreements, communications, and understandings.
3. Severability: If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
4. Governing Law: These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

For any questions about these Terms, please contact us at admin@drivenyoung.com.

BY ENROLLING IN OR ATTENDING A PROGRAM OR COMMUNITY WITH US YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS.