HEAVY CHOIR MEMBERSHIP TERMS AND CONDITIONS
These Terms and Conditions, together with any Membership Form, set out the agreement (this agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Activities, from Heavy Choir ABN 81 664 593 444 (Heavy Choir, we, us, our).
We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Activities or using the Rehearsal Venue following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only apply to Membership Forms entered into after the change occurs. However, we will only increase your Fees in accordance with clause 5.2 below.
1    MEMBERSHIP FORM, THIS AGREEMENT
(a)    These Terms and Conditions will apply to all the Member’s dealings with Heavy Choir, including being incorporated in all agreements or quotations under which Heavy Choir is to provide services to the Member (each a Membership Form) together with any additional terms included in such a Membership Form (provided such additional terms are recorded in writing).
(b)    The Member will be taken to have accepted this agreement if the Member accepts a Membership Form, or if the Member signs up for a Membership plan through the Heavy Choir website after receiving or becoming aware of this agreement or these Terms and Conditions.
(c)    As part of the Membership Plan registration process, the Member may be required to provide personal information and details, such as the Member’s email address, first and last name, billing and postal addresses, mobile phone number, and other information as determined by Heavy Choir from time to time.
(d)    The Member warrants that any information given to Heavy Choir, including information given in the course of completing the Membership Plan registration process will always be accurate, honest, correct and up-to-date. 
(e)    Heavy Choir may, in its absolute discretion:
(i)    refuse a Member’s request for a Membership Plan; and/or
(ii)    suspend or cancel the Member’s Membership Plan for any reason, including for any failure to comply with these Terms.
2    TERM
   This agreement commences on the Commencement Date and continues for the duration of the Term specified in the Membership Form for the relevant Membership Plan, unless terminated earlier in accordance with clause 14. 
3    PARTICIPANT’S OBLIGATIONS
3.1    CAPACITY AND AGE
(a)    The Member warrants that they:
(i)    are at least 18 years of age and have the legal capacity to enter into a binding contract with us; and/or;
(ii)    are the guardian of the Member who consents to this agreement on behalf of the Member.
3.2    GENERAL
(a)    A Membership Plan will only be confirmed by Heavy Choir in writing upon receipt of full payment of the Fees and completion of the Membership Form;
(b)    Unless otherwise agreed in writing, or where a Member is an existing Member during term 3, Member’s are not able to sign up for a Membership Plan in the 4th term which is during the months of October and December of any year;
(c)    The Member must provide Heavy Choir with all documentation, information and assistance reasonably required for Heavy Choir to provide the Activities;
(d)    The Member must participate in any briefings and/or introductions as notified by Heavy Choir prior to engaging in any Activities; and
(e)    If you are the Member’s parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this agreement in respect of the Member.
(f)    The Member must organise their own method of transport to and from all Rehearsals and Performances.
(g)    Heavy Choir makes no guarantees as to the accessibility of any venue used for a  Rehearsal, Performance and any other Activities offered under the Membership Plan. Members acknowledge that a venue may not be wheelchair accessible and Heavy Choir will not be liable to the Member in such circumstances.
3.3    INSTRUCTIONS AND SAFETY
   The Member warrants that they:
(a)    will undertake an instructional consultation with Heavy Choir’s Personnel prior to using the Rehearsal Venue or engaging in the Activities; 
(b)    be responsible for their own safety and that of any person under the age of 18 years for whom they have signed responsibility; and
(c)    comply with any safety guidelines, instructions and/or rules that Heavy Choir’s Personnel provide to them, which among others as directed, will include the following:
(i)    Members hereby grant consent for the Heavy Choir Personnel to seek any urgent medical attention that is deemed necessary, should a Member fall ill or injure themselves during the Activities;
(ii)    Members warrant that they will not participate in the Activities, if ill, injured or feeling unwell and if they are experiencing any cold or flu symptoms, or are aware they may have been in contact with a Covid-19 case, they are required to inform Heavy Choir immediately and not attend the Activities until they can provide sufficient evidence of negative test results;
(iii)    Heavy Choir will adhere to local council and Victorian state government health guidelines for safe practice of carrying out the Activities and will revert to online virtual sessions where suitable, enforce physical distancing and mask-wearing as necessary;
(iv)    Each Member and Heavy Choir Personnel are required at each Rehearsal, Performance or other venue where Activities are carried out, to follow any Covid-19 related government regulations as directed by Heavy Choir, such as the provision of proof of full vaccination or signing in via QR code; and
(v)    Members warrant that they will not participate in the Activities under the influence of drugs, alcohol or illicit substances.
3.4    BEHAVIOUR
(a)    Members are expected to uphold an equal-opportunity environment. Any negative behaviour towards others, Heavy Choir Personnel or to the Rehearsal and Performance environment will result in the cancellation of the Members Membership Plan, effective immediately. In such case, the Membership Fees will not be refunded to the Member.
(b)    Members acknowledge and agree that bullying, harassment, racism or abuse in any form will not be tolerated by Heavy Choir. Any behaviour that Heavy Choir considers has impacted on the safety and wellbeing of a Member, Heavy Choir or Heavy Choir Personnel, or the Rehearsal and Performance environment, will result in cancellation of the Members Membership Plan, effective immediately. In such case, the Membership Fees will not be refunded to the Member.
(c)    Heavy Choir aims to create a safe and positive environment free from discrimination. Members warrant that they will practice the Heavy Choir Core Values and Behaviour Policy included at Schedule 1.
3.5    REHEARSAL VENUE USE
   The Member must:
(a)    be respectful of the Rehearsal Venue, 
(b)    abide by the Rehearsal Venue’s own policies;
(c)    not cause damage to the Rehearsal Venue and clean up after themselves, if necessary;
(d)    not use abusive, offensive or threatening language or behaviour while at the Rehearsal Venue;
(e)    at all times wear clean clothing appropriate to the Activities they are undertaking and/or as instructed by Heavy Choir from time to time; and
(f)    not enter the Rehearsal Venue under the influence of drugs or alcohol.
3.6    POSSESSIONS
(a)    The Member is responsible for their possessions while at the Rehearsal Venue. Heavy Choir will not be liable if any of the Member’s possessions are lost and/or stolen at the Rehearsal Venue.
(b)    Where the Member uses storage facilities at the Rehearsal Venue, Heavy Choir will not be liable if the Member’s possessions are lost and/or stolen, even where Heavy Choir is negligent. The Member uses such storage facilities at their own risk.
3.7    GUESTS
   You may only bring guests to the Rehearsal Venue if you obtain the permission of Heavy Choir’s Personnel to do so. If Heavy Choir approves your guest and that guest is under the age of 18 years old, the guest must be accompanied by a parent or guardian.
4    AVAILABILITY OF REHEARSALS & PERFORMANCES
4.1    REHEARSALS
   The Member acknowledges and agrees that:
(a)    Heavy Choir rehearsals occur weekly during each individual term within the Membership Plan in accordance with the rehearsal schedule made available to the Member at the beginning of the individual term (Rehearsal);
(b)    The number of Rehearsals in each term, and the day, time and location the Rehearsals take place in any week may change from time to time at the sole discretion of Heavy Choir and Heavy Choir will not be liable to the Member in such circumstances;
(c)    If the Member misses a Rehearsal due to personal circumstances or a change under clause 4.1(b), such Rehearsal will be forfeited by the Member and Heavy Choir will not be required to reschedule such Rehearsal;
(d)    An increase in the number of Rehearsals under clause 4.1(b) may be to allow Member’s the opportunity to better prepare for a Performance. While these additional Rehearsals are not mandatory for a Member to attend and while a Member’s participation in a Performance is not guaranteed, if a Member is unable to attend these additional Rehearsals, Heavy Choir may not offer the Member the opportunity to participate in a Performance in accordance with clause 4.2(a);
(e)    If Heavy Choir cancels a Rehearsal or all of the Rehearsals, including where we are unable to attend due to sickness or unforeseen commitments and we are unable to organise a catch-up Rehearsal or Rehearsals, we will refund the pro-rata Fees for that Rehearsal or Rehearsals; and
(f)    Heavy Choir requires a minimum number of Members to register to participate in an individual term and where we are not satisfied with the number of Members registered in an individual term, we may decide to cancel the Activities and refund all Fees for the time period not yet completed to the Member.
4.2    PERFORMANCES
(a)    Heavy Choir may in its sole discretion offer a Member the opportunity to participate in a Performance from time to time, throughout the course of the Term;
(b)    The Member acknowledges and agrees that in order to participate in a Performance, unless otherwise agreed by Heavy Choir in writing, the Member must have been actively registered as a Member in the preceding term; and
(c)    The Member acknowledges and agrees that any participation in a Performance (and any of the Activities) is voluntary, for recreational purposes, and will not be remunerated in any way.
5    PAYMENT
5.1    FEES
   The Member must pay the Fees to Heavy Choir upfront at the time of booking using the payment method specified in the Membership Form or as otherwise agreed in writing.
5.2    FEE INCREASES
   We reserve the right to increase the Fees at any time after the period of your initial Membership Plan has ended.
5.3    COOLING OFF PERIOD
(a)    You are able to cancel this agreement without incurring any Cancellation Fees, if you notify us of your intent to cancel in writing at least 14 days prior to the Commencement Date (Cooling Off Period). 
(b)    If you cancel this agreement within 14 days of the Commencement Date or after the Commencement Date, Heavy Choir will provide you with a pro-rata refund of the value of the Membership Plan paid for but not yet completed and will charge you the Cancellation Fee ($50.00).
5.4    INVOICES
   If Heavy Choir issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.
5.5    GST
   Unless otherwise indicated, amounts stated in a Membership Form include GST.
5.6    CARD SURCHARGES
   Heavy Choir reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
5.7    ONLINE PAYMENT PARTNER
Heavy Choir may use third-party payment providers (Payment Providers) to collect payments for Activities. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms and privacy policy of the Payment Provider and Heavy Choir is not liable for the security or performance of the Payment Provider. Heavy Choir reserves the right to correct, or to instruct our Payment Provider to correct, any mistakes in collecting your payment. 
6    DEBT RECOVERY
   If you do not pay an amount due under this agreement on or before the date that it is due:
(a)    Heavy Choir may seek to recover the amount due by referring the matter to debt collectors; and
(b)    you must reimburse Heavy Choir for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this agreement.
7    THIRD PARTY GOODS AND SERVICES
(a)    Any Service that requires Heavy Choir to acquire goods and services supplied by a third party on behalf of the Member may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b)    The Member agrees to familiarise itself with any Third Party Terms applicable to any such goods and services and, by instructing Heavy Choir to acquire the goods or services on the Member’s behalf, the Member will be taken to have agreed to such Third Party Terms.
8    INTELLECTUAL PROPERTY
(a)    The Client will not acquire Intellectual Property Rights in Heavy Choir IP under these Terms or as part of participating in the Activities.
(b)    For the purposes of this clause 8:
(i)    "Heavy Choir IP" means the Material produced, owned or licenced by Heavy Choir prior to or developed in the course of providing the Activities, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material. 
(ii)    "Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of booking, whether registered or unregistered.
(iii)    "Material" means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.
(c)    In the avoidance of doubt, the arrangements, harmonies, concepts and resources used in Heavy Choir are owned by Heavy Choir. By taking part in any Rehearsal, Performance, workshop or event it is agreed that any use of resources, techniques and ideas will not be used, amended, copied or replicated at any other event, or to any group or in any venue.
(d)    Members are entitled to access and use resources provided by Heavy Choir strictly for their own personal use and provided any Fees owing and payable have been paid to Heavy Choir. 
9    RESTRAINT
Members must not utilise the Heavy Choir membership database or website in the interest of developing, promoting or marketing any other business, service or organisation without the consent of Heavy Choir. 
10    LIABILITY AND INDEMNITIES
10.1    NO RELIANCE
(a)    The Member acknowledges that in deciding to pay for the Activities and in entering into this agreement the Member has not relied on the skill or judgment of Heavy Choir and that the Member has satisfied itself as to the condition and suitability of the Rehearsal Venue and/or Activities for the Member’s purpose.
(b)    Heavy Choir makes no representations or warranties that the Activities will bring about any particular result, outcome or improvement. Members acknowledge and agree that participation in the Activities does not guarantee any particular result or outcome and that results differ for each Member depending on personal circumstances. 
11    WARRANTIES
(a)    To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
(b)    Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, Members may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. 
12    LIABILITY AND INDEMNITY 
12.1    LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the maximum aggregate liability of Heavy Choir to a Member in respect of loss or damage sustained by the Member under or in connection with these Terms is limited to the total Fees paid to Heavy Choir by the Client in the 3 months preceding the first event giving rise to the relevant liability. 
12.2    INDEMNITY
(a)    Members agree at all times to indemnify and hold harmless Heavy Choir and its officers, employees, agents and contractors (those indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Member or the Member’s: 
(b)    breach of these Terms; or
(c)    negligent, fraudulent or criminal act or omission.
12.3    CONSEQUENTIAL LOSS
Heavy Choir will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Heavy Choir, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
12.4    LIMITATION OF LIABILITY AND INDEMNITY FOR PERSONAL INJURY AND DEATH
   Despite any other provision of these Terms and to the maximum extent permitted by law, Heavy Choir is not liable to a Member for any personal injury or death suffered by the Member for any reason, including injury caused by or as a result of another Member whether accidental or malicious. In addition, Members indemnify and hold harmless Heavy Choir and its officers, employees, agents and contractors (those indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified for any personal injury or death caused by the Member to another Member whether accidental or malicious.
13    PRIVACY
13.1    PHOTOS AND VIDEOS
(a)    Heavy Choir may photograph or record any part of the Activities, including taking group or individual photos or video footage featuring the Members (Media). 
(b)    Unless you provide written notice to Heavy Choir Project stating otherwise, you hereby consent to and acknowledge that:
(i)    Heavy Choir may use the Media and the Members image/s for the purpose of marketing and promotional material, including using the Media on Heavy Choir’s website, social media pages and other channels; 
(ii)    you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
(iii)    you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or other Members may have against us. 
(c)    Members acknowledge that they may also photograph or record any part of the Activities (Member’s Media). Accordingly, Members acknowledge they must obtain the consent of any participants featured in the Member’s Media before publishing on any social media pages and other online channels. 
14    CANCELLATION
14.1    BY HEAVY CHOIR PROJECT
(a)    Heavy Choir may terminate this agreement in whole or in part immediately by written notice to the Member for any reason.
(b)    If the termination is due to the Members breach of these Terms, including a breach of clause  3.4(a) or clause 3.4(b) Heavy Choir will not provide a refund of the Membership Fees.
14.2    NOTICE – ALL MEMBERS
(a)    If you wish to cancel this agreement, you must provide at least 14 days written notice to Heavy Choir (Notice).
(b)    If you cancel this agreement in accordance with clause 5.3(a), Heavy Choir will provide you with a full refund of the Membership Fees.
(c)    If you cancel this agreement in accordance with clause 5.3(b), Heavy Choir will provide you with a pro-rata refund for the value of the Membership Plan not yet used and charge you the Cancellation Fee.
14.3    SURVIVAL
   Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
15    DISPUTE RESOLUTION
(a)    A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b)    A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c)    Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
16    FORCE MAJEURE
(a)    If Heavy Choir becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, Heavy Choir must give to the Member prompt written notice of:
(i)    reasonable details of the Force Majeure Event; and
(ii)    so far as is known, the probable extent to which Heavy Choir Project will be unable to perform or be delayed in performing its obligation. 
(b)    Subject to compliance with clause 16 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c)    Heavy Choir must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d)    For the purposes of these Terms, a ‘Force Majeure Event’ means any:
(i)    act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii)    strikes or other industrial action outside of the control of Heavy Choir Project; 
(iii)    war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv)    any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Heavy Choir, to the extent it affects Heavy Choir’s ability to perform its obligations.
17    NOTICES
(a)    A notice or other communication to a party under this agreement must be:
(i)    in writing and in English; and
(ii)    delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b)    Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i)    24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii)    when replied to by the other party,
whichever is earlier.
18    GENERAL
18.1    GOVERNING LAW AND JURISDICTION
   This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
18.2    AMENDMENTS
   This agreement may only be amended in accordance with a written agreement between the parties.
18.3    WAIVER
   No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.4    SEVERANCE
   Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
18.5    JOINT AND SEVERAL LIABILITY
   An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.6    ASSIGNMENT
   A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
18.7    COUNTERPARTS
   This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
18.8    COSTS
   Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
18.9    ENTIRE AGREEMENT
   This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
18.10    INTERPRETATION
(a)    (singular and plural) words in the singular includes the plural (and vice versa);
(b)    (gender) words indicating a gender includes the corresponding words of any other gender;
(c)    (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d)    (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e)    (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f)    (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g)    (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h)    (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i)    (includes) the word “includes” and similar words in any form is not a word of limitation;
(j)    (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k)    (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
19    DEFINITIONS
   In addition to capitalised terms defined in the agreement Details above, capitalised terms used in this agreement will have the following meanings:

Terms and Meaning
   Activities: means the Activities listed in the Membership Form to be provided to the Member by Heavy Choir.
   Commencement Date: has the meaning set out in the Membership Form.
   Fees: has the meaning set out in the Membership Form.
   Laws: mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Activities are performed or received and includes any industry codes of conduct.
   Member, you, your: has the meaning set out in the Membership Form and includes the parent or guardian of the Member if the Member is under 18 years of age.
   Membership Form: has the meaning set out in clause 1(a) of these Terms and Conditions.
   Membership Plan: has the meaning set out in the Membership Form and relates to the contract length and payment terms a Member has selected. 
   Personnel: means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.
   Rehearsal Venue: means the venue specified in the Membership Form. 
   Third Party Terms: has the meaning set out in clause 6.
20    INTERPRETATION
   In this agreement, the following rules of interpretation apply:
(a)    (singular and plural) words in the singular includes the plural (and vice versa);
(b)    (gender) words indicating a gender includes the corresponding words of any other gender;
(c)    (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d)    (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e)    (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f)    (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g)    (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h)    (currency) a reference to “$” or “dollar” is to Australian currency;
(i)    (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j)    (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k)    (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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Schedule 1    Core COMMUNITY VALUES and Behaviour Policy

As a Member of the Heavy Choir community, I acknowledge and agree to practice and uphold the following core values:
1.1    The right to feel respected and included: We value each and every individual by fostering an environment where everyone feels free, safe, and comfortable to participate and contribute without risk of prejudice, discrimination or harassment. We commit to listen, recognise and learn from each other.  

 

As a Member, I have the right to feel safe and be respected by others and the responsibility to practice respect through my choice of words, actions and interactions with others.

1.2    The right to participate and contribute: We value positive and productive relationships throughout the choir built on trust, communication, effort and mutual support. As a group, we invest in each other and work to reach our collective goals together. We commit to showing up and being there for each other.

 

As a Member, I have the right to participate and the responsibility to meet set expectations and respect guidelines for participation.

1.3    The right to have fun while learning and challenging ourselves: We value creating a safe non-judgemental space where everyone has the opportunity to experience a sense of progress and accomplishment, whether creatively, socially or personally. We commit to making singing and performing fun and accessible to all, accepting the challenge to explore, learn and grow.

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As a Member, I have the right to have fun and challenge myself, and the responsibility to not diminish the joy of learning as others experience it, rather, I will be supportive and encouraging.