These terms and conditions apply to each participant (“Participant” and collectively, the “Participants”) on the Tasmanian Leaders Program (“the Program”) and these may be amended by Tasmanian Leaders Inc. (“TLI”) from time to time.

Attendance and programs

(1) A place on the Program is only available to Participants following acceptance of the application by the Board of TLI and the subsequent offering of a place by TLI, and is not transferable to another individual.

(2) Participants undertake to attend all the Program events including the opening, mid-year and closing residential retreats and all the linking sessions.

(3) Participants agree that they will make attendance at the Program their priority and that it would only be in exceptional circumstances that a Participant would be unable to attend an event, and that if such a situation does arise, the Participant will discuss this with the General Manager of TLI as early as possible beforehand.

(4) Participants further agree and acknowledge that missing one Linking Session will only be accepted in exceptional circumstances and more than one may jeopardise graduation from the Program. In the unlikely event that such circumstances arise, this will be resolved through discussion between the participant, the General Manager and as required representatives of the Board of Tasmanian Leaders. Participants agree that the Board’s decision on these matters will be final and that there will be no further right of appeal.

(5) TLI reserves the right to change the advertised schedule of the Program on reasonable notice to the Participants. TLI further reserves the right to change the agenda for a program day or event without notice to the Participants.

(6) TLI will make every effort to give the Participants reasonable notice in advance if the venue for part of the Program or associated event is changed.

Conduct during the Program

(1) When booking and paying for components of a Program retreat, day or event venue (including the accommodation), TLI is acting as an agent on each Participant’s behalf and the Participant hereby expressly grants permission to TLI to act in such capacity. Each Participant also agrees and acknowledges that he or she will be subject to the terms and conditions of the venue as well as those of TLI.

(2) The Participant further agrees and acknowledges that it is his or her responsibility to ensure that while attending the Program and while on any third party premises he or she does not behave in an improper or disorderly manner or in a way which risks or causes damage to any person or property, or in a way which is in breach of the terms and conditions of those premises.

(3) In the event of any improper behaviour by a Participant, TLI will be entitled to require their withdrawal from the Program and will retain the Program fees. The Participant also agrees and undertakes that it will also indemnify TLI for any expenses, direct or indirect loss (whether consequential or otherwise) or any other liability that TLI may incur or suffer as a result of such improper behaviour.

(4) Each Participant also acknowledges and agrees that they will abide by and conduct themselves in a manner consistent with the Participant Handbook (which is distributed at the Opening Residential).

Payment Terms

(1) Reservation of a place on the Program is conditional upon the receipt by TLI of a Participant’s signed copy of acceptance of an offer of a place along with receipt (of cleared funds) of the Participant’s deposit.

(2) Unless otherwise agreed in writing by TLI and prior to the due date for receipt of the Program fees, attendance on the Program is conditional on receipt in full of the Program fees payable by the Participant to TLI on or before the due date stipulated. (This condition also applies in the case where the fees payable by the Participant or their employer sponsor have been reduced due to a successful application for a scholarship.

(3) By signing the application and/or the confirmation of acceptance of a place (returned with the deposit) each Participant expressly agrees to be bound by these terms and conditions and hereby confirms that they have the authority to sign such documents.

(4) Each Participant agrees that by returning the completed application form, or the form to confirm acceptance of a place, either via email or the internet, will constitute an electronic signature and so have the same effect as returning a signed hard copy of either document. Each Participant further agrees and confirms that by signing or returning those forms electronically, he or she has the authority to do so and that accordingly, he or she will be personally liable for payment of the full amount of the agreed fees in the event their employer or sponsor does not pay the employer or sponsor’s share of those fees for any reason.

Cancellation and Refunds

A notice of cancellation must be received in writing by post or by e-mail to TLI and is subject to the following terms:

(1) Where a notice of cancellation is received by TLI fewer than 45 days prior to the first day of the Program, the Participant is liable for 100% of the Program fees.

(2) Where a notice of cancellation is received by TLI between 45 and 60 days prior to the first day of the Program, the Participant will be liable for 50% of the Program fees.

(3) Where a notice of cancellation is received by TLI more than 60 days prior to the first day of the Program, TLI will refund all the fees paid except the deposit, which it will retain.

(4) No refund of fees will be made for absence due to illness or for withdrawal during the Program for any reason.

Data Protection

(1) TLI is the data controller for the purposes of the Privacy Act 1988 (Cth) or any subsequent or replacement lislation. The participant may email if they have any queries relating to the use of their data.

(2) Each Participant agrees that TLI may use their data for the following purposes:

a) TLI will use a Participant’s contact details to send them information relating to the Program and to request feedback.

b) TLI may publish the biographical information of a Participant to provide to other members of the participant group, in briefing packs and on the participant area of the TLI website. Upon a Participant’s graduation, this information will appear in the graduate area of the TLI website and also in the Skillsbank area of the same website.

c) TLI may publish a Participant’s name, job title, employer organisation, experience and program attended as part of its promotional materials for TLI, Skillsbank or any other program.

d) TLI may also use each Participant’s contact details to send them information about other programs and activities that TLI or its partners offer.

e) TLI may publish each Participant’s contact details (including email address) to graduates of the Program, to members of the TLI advisory groups, in the Tasmanian Leaders Program graduate directory and otherwise in association with Skillsbank or other programs.

(3) Except in connection with the activities described above or where required to do so by law, TLI will not disclose a Participant’s data to third parties without that Participant’s permission.

(4) TLI will take reasonable precautions to prevent the loss, misuse or improper alteration of each Participant’s data.

Use of Image

Each Participant hereby expressly agrees and acknowledges that:

(1) Photographs, movies and other images of Participants (“the Images”) will be taken at events included in, or related to, the Program.

(2) The Images may be taken by representatives of TLI or photographers retained by TLI, alumni or participants and, at the time they are taken, the Images may or may not be taken specifically for TLI’s benefit.

(3) The Images may be deposited by TLI in its “Communications Image Library” and retained by it for future use.

(4) The Images may be used by TLI or such 3rd parties that it authorises:

a) in any medium such as print publications, digital images (whether moving images or not), on the World Wide Web, and/or for any promotional purposes; and/or

b) for purposes related to the activities, programs and services of TLI.

Limitation of Liability to amount that Tasmanian Leaders Inc’s insurance covers and that is paid out

In consideration for TLI allowing the Participant’s participation in the Program and in consideration for TLI’s voluntary officers and agents and TLI’s employees work to enable the Participant’s involvement at a significantly lower fee than it would cost if the program was provided commercially, each Participant provides their express acknowledgement and agreement that the following limitations to TLI’s liability will apply from the time that the Participants application is accepted until the end of the Participant’s involvement in the Program in accordance with these Terms & Conditions:

(1) TLI’s liability to the Participant for any direct, indirect or consequential loss or damage or personal injury, howsoever caused (including where such loss or damage is sustained by the Participant as a result of TLI’s negligence, including (without limitation) the negligence of TLI’s officers, employees or agents) and sustained by the Participant in connection with the Program, is limited to:

a) such liability that is covered by insurance held by TLI; and

b) such liability that is also paid out by the insurance company.

(2) Copies of all relevant insurances held by TLI may be viewed by the Participant at the offices of TLI by appointment during normal work hours.

(3) Subject to sub-clause 1 above, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to TLI or to which TLI is entitled hereunder shall also be available and shall extend to protect every employee, officer or volunteer of TLI in relation to the Program;

(4) The Participant hereby undertakes that save for the purpose of seeking payment from insurance coverage held by TLI, he/she will not issue any proceedings or take any action against TLI (including its officers, employees and volunteers) for any act or omission by any of them (whether negligent or otherwise) and this document may be pleaded as a bar to any proceedings brought by the Participant;

(5) Nothing in the above clauses is to be construed as affecting the implication of any term into this contract which by statute may not be excluded, nor is it the intention of the parties to exclude, limit or qualify any right or remedy which any party may have against TLI (including its officers, employees or volunteers) for the breach of any such implied term.

Charter of Obligations

In consideration for TLI accepting the Participant’s application and allowing the Participants’ participation in the Program at a significantly lower fee than it would cost if the program was provided commercially, each Participant agrees that they are contractually agreeing to be bound by the Charter of Obligations (a copy of which was signed and returned with the application), to always act in good faith and to use all reasonable endeavours to act in accordance with that Charter.