Metamorphosis Membership Terms & Conditions
Welcome to Metamorphosis! By joining or participating in the Metamorphosis membership (the "Subscription"), signing this Agreement, or accessing the Metamorphosis Member Site (the "Site"), you are agreeing to the following terms.
Please take a moment to carefully read this Agreement before accessing any of the materials, resources, or services we provide as part of your membership.
If you have any questions or need clarification, feel free to reach out to us at [email protected].
This Subscription Agreement is entered into and effective as of the date of signature below by and between you ("Member") and The Collaborative Maroubra ("Company"), having an address of Level 2, 176 Marine Parade, Maroubra NSW 2035, Australia.
In consideration of your enrolment in the Membership, both parties agree as follows:
1. Scope of Subscription Membership
Metamorphosis is offered across two membership tiers — Elevate and Initiate. By making your initial payment, you acknowledge and agree to a minimum 6-month commitment to your selected tier.
(a) Elevate Membership includes:
(b) Initiate Membership includes:
These services (collectively, the "Membership") are provided as described above according to the tier selected at enrolment. Any additional services — such as 1:1 coaching, private sessions, or live events — may require additional fees and the signing of a separate agreement.
2. Membership Fees & Payment Terms
(a) Subscription Rate:
You agree to pay the Membership fee according to your selected tier:
All fees are payable in full for the minimum 6-month Term set out in Section 3, and no refunds will be provided (see Section 4).
(b) Suspension for Non-Payment:
If any payment is not received within seven (7) days of its due date, your access to the Membership and all associated services will be suspended. Access will be reinstated once payment is received in full. If payment is not received within thirty (30) days of the original due date, your account may be deleted, and you will be required to re-enrol in the Membership at the current rate if you wish to regain access.
(c) Payment Disputes:
By providing your payment details, you authorise The Collaborative Maroubra to charge your account for all fees owed under this Agreement. If a charge is disputed, you agree to promptly resolve the dispute with your financial institution and ensure the payment is completed in full within 10 business days. You agree to reimburse the Company for any costs, including attorneys' fees, incurred in resolving such disputes.
3. Term & Renewal
(a) Contract Term:
This Agreement runs on a 6-monthly basis. Elevate Members will be charged $350 AUD monthly and Initiate Members will be charged $99 AUD monthly. Membership fees are payable in full for the entire 6-month Term, and no refunds will be provided (see Section 4).
4. Cancellations and Refunds
(a) Cancellation by Member:
If the Member cancels before the completion of the initial 6-month term as per Section 3, the Member is still responsible for paying the full subscription fees for the entire term. No full or partial refunds will be provided for any remaining months of the subscription.
(b) Behaviour and Conduct:
Members may only use the Site and Membership for lawful purposes. Members shall not post or transmit through the Site any content that violates or infringes the rights of others or is offensive, abusive, defamatory, or otherwise inappropriate. The Company reserves the right to terminate the Membership and Site access, without refund, in the event of such behaviour. Any outstanding fees must still be paid in full. Members agree to communicate with other Members with the utmost respect and professionalism.
(c) Lack of Participation:
Failure to participate or use the Membership services does not qualify as grounds for a refund. It is the Member's responsibility to take advantage of the resources provided.
(d) Programming Changes:
Scheduled programming, such as live calls or trainings, may be subject to change. The Company will make reasonable efforts to notify Members of changes or cancellations via email. Rescheduling or cancellation of programming does not entitle the Member to a refund (neither full nor partial), but the Company will make every reasonable effort to reschedule cancelled sessions or provide alternate services.
(e) No Refund Policy:
Due to the nature of the services provided, the Company does not offer refunds for the Membership either monthly or pay in full. Disputing a charge with your financial institution after agreeing to this no-refund policy violates this Agreement. Please refer to Section 2(c) for the payment dispute resolution process.
(f) Membership Hold or Pause:
The Membership and its associated terms cannot be paused or placed on hold for any reason, unless otherwise authorised in writing by the Company.
5. No Guarantees
(a) Results Disclaimer:
The Company does not guarantee any specific outcomes from Membership participation. Results depend on various subjective factors, including the Member's participation, effort, and circumstances. The Company only guarantees the services outlined in Section 1. Lack of achieving desired results does not entitle the Member to a refund.
(b) Referrals to Third-Party Services:
Upon request, the Company may provide recommendations for third-party service providers. However, the Company makes no guarantees regarding the quality of these services and bears no responsibility for the performance of third-party providers.
(c) Affiliate Links:
The Company may provide affiliate links for products or services that result in compensation for the Company. The Company does not guarantee the quality of third-party products or services and is not liable for any third-party experiences.
(d) Technical Issues:
If learning materials on the online platform (Kajabi, Teachable, Podia, MemberSpace, Telegram, etc.) become inaccessible, the Company will make every effort to restore access within 72 hours (excluding holidays and weekends). This event does not constitute grounds for a refund, full or partial.
(e) Force Majeure:
The Company may be excused from fulfilling its obligations if a catastrophic event occurs outside of its control that materially affects the services provided, including but not limited to natural disasters, war, civil unrest, pandemics, or other unforeseen events. In such cases, the Company will make reasonable efforts to reschedule programming but will not be held in breach if rescheduling is not possible. In the event of a prolonged interruption of services due to a force majeure event, the Company reserves the right to terminate this Agreement, with notice to the Member.
6. Confidentiality
(a) Confidential Information:
The Company agrees to keep any Member-provided confidential information secure and will not share it with third parties without the Member's consent, except when required by law. Confidential information does not include information that becomes public through no fault of the Company.
(b) Participant Confidentiality:
Members agree to respect the confidentiality of other participants within the Membership. Any information shared by participants must be treated as private and must not be disclosed or used outside of discussions within the Membership. If it is discovered that a Member has shared confidential information, including community posts, comments, or discussions, with others outside of the Membership, it will be grounds for immediate removal from the Membership without a refund. The Company reserves the right to enforce this action at its sole discretion to maintain a safe and supportive community environment.
Members are advised not to share sensitive personal or business information within the community forums or discussions. The Company cannot guarantee that other Members will maintain the confidentiality of any shared information, and the Company is not responsible for any misuse or unauthorised sharing of information by other participants. Members acknowledge that they have no remedy against the Company if another Member discloses or shares their community posts, messages, or any other information outside of the Membership.
(c) Company Confidentiality:
Members agree to keep all proprietary and confidential information shared by the Company, its employees, or contractors private. Disclosure or use of such information without consent is strictly prohibited.
(d) Non-Disparagement:
Members agree not to make defamatory or disparaging comments regarding the Company, its employees, agents, or services during or after the Membership period. This provision does not prevent Members from sharing genuine feedback or reviews in a professional manner.
(e) Violations of Confidentiality:
If confidentiality is violated, the Company or other affected parties may seek injunctive relief or other legal remedies to prevent further harm.
7. Independent Contractor Status
(a) Relationship:
This Agreement does not create a joint venture, partnership, or employment relationship between the Member and the Company. The Company is an independent contractor and will remain so throughout the term of this Agreement.
(b) Taxes:
The Company is responsible for all tax obligations related to its compensation. The Member is not responsible for withholding or paying taxes on the Company's behalf.
8. Ownership of Intellectual Property
(a) Intellectual Property Rights:
All content provided through the Membership, including but not limited to courses, materials, and recorded sessions, is the exclusive intellectual property of the Company or its licensors. Members are granted a limited, non-transferable licence to use the materials for personal, non-commercial purposes.
Metamorphosis™ and The Collaborative Maroubra™ are trademarks of The Collaborative Maroubra Pty Ltd. Metamorphosis™ is a copyrighted work of The Collaborative Maroubra Pty Ltd.
(b) Restrictions on Use:
Members agree not to share access to the Membership or materials with others. Members may not reproduce, duplicate, distribute, sell, or exploit any content from the Membership without the express written consent of the Company. Unauthorised use or sharing of content may result in the immediate termination of access to the Membership, in addition to any legal action.
(c) Recordings:
You also agree not to input or make available the intellectual property and content of this Membership to any artificial intelligence (AI) machine or platform. Doing so is considered infringement and is prohibited under this Agreement.
The Company reserves the right to record all trainings, calls, and meetings provided as part of the Membership. By participating, Members consent to being recorded, with recordings used at the Company's discretion.
9. Infringement Notification
(a) Respect for Intellectual Property:
The Company respects the intellectual property rights of others and expects its users to do the same. This Agreement prohibits the infringement of third-party copyrights, and the Company may remove, suspend, or terminate access to the Site or Membership for users who repeatedly infringe the intellectual property rights of others. The Company also reserves the right to remove content that it determines, in its sole discretion, infringes upon the intellectual property rights of others.
(b) How to File an Infringement Notification:
If you believe that content residing on or accessible through the Site or Membership infringes your copyright, you may file a notice of infringement with the Company. Send your notice by both email and regular mail as follows:
Email: [email protected]
Mailing Address: Level 2, 176 Marine Parade, Maroubra NSW 2035, Australia
In your notice, please include the following information:
10. Warranties
(a) Company Warranties:
The Company warrants that it has full authority to enter into this Agreement and that all services provided under the Membership will be rendered using sound, professional practices by knowledgeable and qualified personnel.
(b) Member Warranties:
The Member warrants that they have full authority to enter into this Agreement and will obtain all necessary consents, rights, licences, clearances, or permissions to fully execute their obligations under this Agreement.
(c) Disclaimer of Other Warranties:
Except for the express warranties provided in this Agreement, neither party makes any other warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
11. Limitation of Liability
(a) Exclusion of Certain Damages:
Under no circumstances will the Company be liable to the Member for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages (including loss of profits, loss of use, or business interruption) however caused, whether in contract, tort, or under any other theory of liability, even if the Company has been advised of the possibility of such damages.
(b) Limitation on Liability:
In no event will the Company's liability to the Member exceed the total fees paid by the Member under this Agreement.
(c) Exceptions to Limitations:
The limitations on liability set forth in this section do not apply to a breach of confidentiality or the obligations under Sections 7 and 8.
(d) Legal and Professional Disclaimer:
The Company is not a law firm or healthcare provider, and the information provided in the Membership does not constitute legal, financial, therapeutic, mental health, or medical advice. The resources provided, including but not limited to educational webinars, videos, workbooks, posts, documents, and other content, are for informational purposes only. Members are encouraged to seek licensed professionals for legal, medical, or financial matters as needed.
12. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior and contemporaneous agreements, representations, and understandings. No modification or amendment to this Agreement will be binding unless executed in writing by all parties.
No waiver of any provisions of this Agreement will be effective unless made in writing and signed by the party granting the waiver. A waiver of any breach of any provision will not operate as a waiver of any subsequent breach.
13. Neutral Construction
This Agreement has been prepared by the Company, and both parties agree that they have had the opportunity to consult legal counsel before signing. As such, it will not be construed against the Company merely because it was drafted by the Company or its legal counsel.
14. Changed Terms
The Company may amend these Terms at any time by providing notice through an update on the Site or Membership forum. The amendments become effective immediately upon posting. Continued use of the Site or Membership after notice constitutes acceptance of the amended Terms.
15. Assignment
This Agreement will be binding on and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and assigns. However, the Member may not assign any of its rights under this Agreement without prior written consent from the Company.
16. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The Collaborative Maroubra
Level 2, 176 Marine Parade, Maroubra NSW 2035, Australia
Email: [email protected]
To Member at Member's mailing and/or email address provided at the time of purchase.
Either party may change its notice address by providing the other party with written notice of the new address.
17. Governing Law; Venue; Mediation
This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. The exclusive venue for any dispute arising out of this Agreement will be in New South Wales, Australia.
The parties agree to attempt to resolve any disputes through good-faith negotiations and mediation before pursuing any other legal remedy. The selection of mediator and costs of mediation will be shared equally by the parties. Participation in mediation is a condition precedent to pursuing litigation or arbitration. If mediation does not resolve the dispute, either party may pursue other legal remedies, including litigation or arbitration, in the jurisdiction specified.
18. Recovery of Litigation Expenses
In the event of any legal action or arbitration arising from this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and other litigation expenses.
19. Severability
Each provision of this Agreement will be interpreted so as to be valid under applicable law. If any provision is held to be illegal or unenforceable, that specific provision will be reformed to make it enforceable, while the rest of the Agreement will remain unaffected and in full force.
20. Digital Signature
Both parties agree that by completing this checkout you agree to these terms and conditions, and that agreement made electronically via touchscreen or computer mouse will have the same force and effect as an original handwritten signature, in accordance with applicable electronic signature laws.
21. Privacy Policy
This section explains how The Collaborative Maroubra ("Company", "we", "us") collects, uses, stores, and discloses personal information in connection with the Metamorphosis Membership.
(a) Information We Collect:
We may collect your name, email address, phone number, mailing address, payment and billing details, and any other information you voluntarily share with us through the Site, Telegram, Zoom, email, or other communication channels in connection with the Membership.
(b) How We Use Your Information:
We use your information to process your enrolment and payments; provide access to the Membership, Site, and associated Telegram groups and Zoom calls; communicate with you about your Membership, including billing, scheduling, and programming changes; improve our services and respond to your enquiries; and comply with our legal obligations.
(c) How We Share Your Information:
We do not sell your personal information. We may share your information with third-party service providers who help us operate the Membership (such as our payment processor Stripe, and platforms including Kajabi, Telegram, and Zoom), our professional advisers (such as accountants or lawyers) where necessary, and government or regulatory bodies where required by law.
(d) Data Storage & Security:
We take reasonable steps to protect your personal information from misuse, loss, and unauthorised access, using secure platforms and limiting access to personal information to those who need it to provide the Membership.
(e) Your Rights:
You may request access to, correction of, or deletion of your personal information at any time by emailing [email protected]. We will respond to reasonable requests within a reasonable timeframe.
(f) Cookies & Website Data:
If you access our Site, we (or our website or learning platform provider) may use cookies or similar technology to improve your experience. You can manage your cookie preferences through your browser settings.
(g) Retention:
We retain your personal information for as long as necessary to provide the Membership and to comply with our legal, accounting, and reporting obligations.
(h) Changes to This Policy:
We may update this Privacy Policy from time to time. Updates will be posted on the Site or communicated to current Members. Continued use of the Membership after changes are posted constitutes acceptance of the updated policy.
(i) Contact Us:
If you have any questions about this Privacy Policy or how we handle your personal information, please contact us at [email protected] or by mail at Level 2, 176 Marine Parade, Maroubra NSW 2035, Australia.