1. Red Dust Role Models Limited (ACN 118 641 777) (Red Dust) provides cultural awareness, education, and immersion programs in partnership with First Nations peoples (Services). By engaging Red Dust to deliver the Services and/or by participating in the Services, you agree to be bound by these Terms & Conditions.
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2. Red Dust may terminate its arrangement with you, and/or immediately cease providing the Services if you or any attendee:
(a) commit any dishonest or fraudulent act(s);
(b) behave in a manner inconsistent with Red Dust’s Code of Conduct, or in the reasonable opinion of Red Dust, in a manner which is likely to adversely affect the reputation or public image of Red Dust; or
(c) are inappropriately attired or adversely affecting the enjoyment of the Services by others.
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3. Red Dust will ensure the Services are provided: (1) by persons with appropriate qualifications and skills to enable them to perform the Services; (2) with all due care, skill, and diligence to a high professional standard in accordance with industry best practice; and (3) in accordance with all applicable laws and professional and industry standards.
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4. In consideration of Red Dust providing the Services, you must pay the amounts specified in the invoice.
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5. You are responsible for ensuring you obtain all reasonably necessary public liability insurance for the purpose of you and your organisation receiving, and participating in, the Services.
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6. Red Dust may vary these Terms & Conditions, and reserves the right to add, withdraw, reschedule, or vary the advertised or agreed Services at any time by reasonable notice to you.
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7. To the maximum extent permitted by law, you indemnify Red Dust (together with its officers, servants, employees, or agents) against any liability, loss or damage arising from or in connection with the provision of the Services by Red Dust (except to the extent the loss or damage is caused by Red Dust’s gross negligence).
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8. Red Dust is not responsible for failure to fulfil its obligations due to causes beyond its control.
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9. By participating in the Services, you and each attendee acknowledge and agree that you may each be photographed and/or filmed (Material). You and each attendee give permission to Red Dust to use this Material for any reasonable purpose without compensation, including in Red Dust’s advertising or to provide the Material to you for internal use for a period of time.
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10. You acknowledge and agree that title and ownership of all intellectual property including the Red Dust brand, name, logo, and the right to exploit such rights (together, Intellectual Property) remains or becomes at all times vested in Red Dust. For the avoidance of doubt, you must not use any of Red Dust’s Intellectual Property for any other purpose (for example, to reproduce or post a recording of Red Dust’s Service on your website or on social media) unless you have obtained written consent from Red Dust.
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11. In the course of participating in the Services by Red Dust, you and each participant acknowledges that you may contribute and use Indigenous Cultural and Intellectual Property. ICIP refers to Indigenous People’s interest in their cultural heritage, which includes songs, music, dances, stories, ceremonies, symbols, languages, and designs. Red Dust acknowledges that any such ICIP belongs to its traditional owners and custodians, and by using ICIP, Red Dust warrants that it has: (1) obtained permission to do so from the traditional owners; (2) consulted with the traditional owners on the way in which the ICIP is to be used and how the community should be attributed; and (3) provided attribution as appropriate in the circumstances, and provided Red Dust with all necessary information for any attribution required by Red Dust in relation to its use of the ICIP.
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12. Nothing in these Terms & Conditions is intended to remove your rights under the Australia Consumer Law, including to statutory guarantees that may apply to the Services.
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13. Any failure by Red Dust to assert any right under these Terms & Conditions shall not constitute a waiver of such right.