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CPD Training for Osteopaths - Conditions for trainees/treating Osteopaths

1 Background

(a) Thank you for enrolling in our CPD Training course for Osteopaths (CPD Training).
(b) The CPD Training is operated by Dellicastelli Pty Ltd (ACN 130 259 433) ATF Howard Dellicastelli Trust trading as Bower Bird CPD (Us / We).
(c) During the CPD Training You will be engaging in practical training and this includes providing Services to Patients.
(d) This Agreement sets out the terms and conditions on which You will provide the Services to the Patients during the CPD Training and is required so that we can meet our legal obligations to the Patients.
(e) By providing the Services You agree to these Terms and Conditions.
(f) If you do not agree to these Terms and Conditions, we can choose to:
(i) not provide the CPD Training for you; or
(ii) not permit you to provide the Services to the Patients.

2 Definitions

(a) Claim means a claim, action, proceeding, judgment or demand made or brought by or against a party, however arising and whether present, unascertained, future or contingent.
(b) Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent.
(c) Patients means persons who are provided the Services in the course of the CPD Training as nominated by Us.
(d) Services means providing osteopathy advice and treatment to Patients during the CPD Training Course offered by Us.
(e) Territory means Australia.

3 Warranties

You represent and warrant the following as at the date of agreement and during the CPD Training:
(a) You are qualified as an Osteopath.
(b) You are registered as an osteopath under the Health Practitioner Regulation National Law in the Territory without any conditions. If there are any conditions on your registration, you must notify us promptly.

4 Services

(a) You must provide the Services in accordance with this Agreement.
(b) You must provide the Services:
(i) with due care and skill;
(ii) in accordance with Our policies and procedures as available on Our website or notified to You in writing from time to time;
(iii) in accordance with good clinical practice; and
(iv) in accordance with all applicable laws, authorisations, regulations and guidelines.
(c) You must provide appropriate medical records in relation to the Services.
(d) You must not charge the Patients for the Services. They are volunteers for the CPD Training.
(e) If You become aware of a complaint or claim in relation to the Services, you must promptly notify Us and provide to Us reasonable details of the complaint or claim.

5 Confidentiality and privacy

5.1 Confidentiality
(a) A party to this Agreement must not disclose to any third party, without the prior written consent of the other party, any Confidential Information provided from the other in relation to this Agreement and the Services. This obligation does not extend to information which:
(i) is, or becomes public knowledge without the fault of the receiving party;
(ii) is, or becomes available to the receiving party from a source other than the disclosing party; or
(iii) is independently developed by the receiving party.
(b) Notwithstanding clause 5.1(a), a party may release information necessary to conform to all applicable laws and regulations.
(c) The obligations of confidentiality referred to in this clause 5 shall survive the termination of this Agreement.

5.2 Privacy
Each party will comply with all relevant Privacy Laws.

6 Medical records and Intellectual Property

(a) We continue to own all Intellectual Property in relation to the CPD Training.

7 Liability and insurance

(a) You are liable for your acts and omissions in relation to the conduct of the Services.
(b) Your liability under clause 7(a) will reduce proportionately to the extent that We, or Our officers, employees or agents caused or contributed to the Loss.
(c) Each party shall not be liable for consequential or indirect loss or direct or indirect loss of profits in connection with this Agreement.
(d) You must maintain professional indemnity insurance in the amount of no less than $5 million for any one occurrence and in the aggregate per annum.
(e) Upon request by Us, You must provide to Us certificates of insurance for the insurance referred to in clause 7(d).

8 Indemnity

You indemnify Us and Our officers, employees and agents (Indemnities) in relation to all Claims against the Indemnitees and for liability or Loss incurred by Us arising from or in connection with:
(a) any breach of this Agreement by You;
(b) any wilful, unlawful or negligent act or omission by You;
(c) any illness, injury to, or death of any natural person caused or contributed to by You; or
(d) any loss of, or damage to, any real or personal property of Us caused or contributed to by You,
except to the extent that a Claim or Loss is caused by or contributed to by any act, omission, negligence or default of Us.

9 Continuing obligations

Clauses 2 (Definitions), 5 (Confidentiality and privacy), 6 (Liability and insurance) and 8 (Indemnity) and 11 (General) survive the termination or expiration of this Agreement.

10 Termination

We may terminate this Agreement immediately at any time by providing to You notice in writing.

11 General

(a) This Letter Agreement may be executed in counterparts all of which taken together shall be deemed to constitute one and the same document, and once executed by all parties shall form a binding agreement between each of the parties.
(b) This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings, whether writ-ten or oral, relating to its subject matter.
(c) No variation of this Agreement will be of any force or effect unless it is in writing and signed by the parties.
(d) Nothing in this Agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.
(e) A party must not assign, novate, transfer, subcontract or otherwise deal with its rights or obligations under this Agreement without the prior written consent of the other party.
(f) This Agreement is governed by the law of New South Wales. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.

If you agree with the terms of this Agreement, please tick the box and sign and date below.