Castle Quest Participation Agreement

This Participation Agreement sets out all the details you need to make an informed decision about whether Castle Quest is right for you right now, as well as explaining how all the moving parts fit together, so you can get the most value from your investment. 

It is essential that you read it before accepting it by enrolling in the Program.
(I promise, it's for your benefit as much as mine.)

When you enrol in Castle Quest, you are accepting the terms and conditions set out in this Program Agreement. That means you are entering into a legally binding contract, so please contact me, ask questions and clear up any confusion or concerns before you enrol. I encourage you to talk to me about anything in this Agreement which feels unfair to you. 

It is my aim to provide a program that will painlessly introduce you to the principles of good governance and risk management, and creatively inspire you to make them an integral element of your business ownership, so you can end subconscious sabotage, deal confidently with danger, and safely focus on building the magnificent legacy that is your ultimate goal.

You will get the most out of Castle Quest if you acknowledge the inevitability of risk and are ready to step fully into your role as the competent owner of a global, online, service-based business, but the thought of boring, corporate training sends you to straight to Snoozeville.

I provide the tools, explain the theory and offer inspiration, accountability and leadership, but it is up to you to do the work. This program is not for those who are looking to be spoon-fed or to keep things superficial. It is a space of deep and powerful curiosity, exploring parts of your business that may be unpleasant, scary or downright ugly.  We are going to go looking for the dragons you have been hiding from yourself and bring them out into the sunshine so we can meet them with curiosity and love.

I know – better than anyone – that conflict happens. I also believe it is almost always based in unmet expectations and miscommunication. That is why I actively invite constructive feedback. If anything in this program is not meeting your needs, tell me – and if I don’t hear you, keep telling me. I am not ignoring you – I just get busy and sometimes I miss seeing a Facebook comment or PM. 

The best way to ensure you get my attention promptly is to email me at michelle@michellewhitehead.com.au to discuss any issues that arise.

Above all, let’s be gentle and compassionate with each other, especially if we are feeling hard done by or rough around the edges. There is always a way to work a problem out to our mutual satisfaction, so long as we keep the lines of communication open and keep believing that we are both acting in good faith.

Castle Quest is offered in compliance with Australian Consumer Law.

My Details...

These are the important details you need to know about me as your program provider:

Michelle Whitehead (sole trader) trading as Carefree Counsel

ABN: 91968443292

Postal Address: PO Box 438, South West Rocks, NSW 2431

Email: michelle@michellewhitehead.com.au

Phone: 0436291346 (please only call or text me in emergencies LOL I panic when my phone rings!)

Facebook Page: https://www.facebook.com/MichelleWhiteheadAU/

All sessions, calls and consultations are held using the same Zoom link. This will be provided in your welcome email.

It is basically my online office, so please have the courtesy to book in for calls using the links that are provided to you rather than just turning up. That way we know whether to wait for you before we start.

Your acceptance of this agreement...

Participant Details are set out in your Woocommerce order form, when you enrol in Castle Quest through my website.

By enrolling, you personally agree to participate in Castle Quest and to be legally bound by the terms of this agreement.

The terms of this Agreement may be updated from time to time. A link to the updated Agreement is provided at the start of each round. When you participate in future rounds, you do so on the understanding that you have read and agree to accept the updated Agreement.

Delivery...

There is one intake for Castle Quest every year, and it is delivered over 12 weeks, between August and November.

The Call Schedule for each round is available for download on the Castle Quest sales page.

These dates and times are subject to change - because life happens!

Each week, we hold a 2 hour call which combines theory and practical implementation, and an optional 30 minute journaling call, where you can explore a set of reflective questions intended to help you engage more deeply with the program material.

As a Participant, you will be invited to join the Castle Quest Facebook Group. This is a private group, available only to members. Posts made in the group cannot be seen or shared with anyone outside the group. It is used for sharing information and experiences with each other, sending updates and asking questions between calls.

When you enrol in Castle Quest, you are automatically invited to participate in any future rounds of the program. You also have the option of paying for Beyond Castle Quest (either as a very low fee, or as part of membership of The Serenity Connective) which entitles you to one 2 hour call group per quarter. We use these calls to check in with and update our Risk Registers (Super Sexy Spreadsheets) and Mitigation Plans (where we set our goals for Urgent Dragon Action).

All calls are delivered via Zoom, and booking links are provided on enrolment. These links enter all of the calls for the current round in your calendar.

Calls are recorded, but it is important to plan ahead and attend as many calls as possible in person, so you can receive the benefit of group discussion and accountability.

Payment terms...

Current prices are listed on the sales page. 

Pay once, and participate in all future rounds for free.

All prices are in Australian dollars and include GST.

If you are an Australian business, I prefer payment by direct deposit to my bank account.

If you are international, then payment is made through Paypal.

Refund policy & satisfaction guarantee...

I wholeheartedly believe in the value of Castle Quest, and I want you to be 100% happy with this investment in your business.

If you are not totally happy with your experience after the first 2 modules,
I will give you your money back, no questions asked.

If you feel comfortable doing so, I would love to meet with you before you leave, so that we may discuss your concerns.

Refund requests will be processed within 2 weeks, and will incur an administrative fee of AU$220.

Zoom recordings...

The theory section of Module calls (when I am giving my presentation) will be recorded and the recordings will be made available to you.

The discussion section of Module calls (when we are doing the work or sharing our thoughts and experiences) will be recorded for my client notes ONLY. These recordings will not be made available, to preserve confidentiality and maintain a safe space for vulnerable sharing. If a discussion is particularly relevant to you, you may take notes, or ask permission to record, which will be granted if everyone else on the call agrees.

I may use the discussion recordings to gain insight for my marketing and program development (such as by compiling a general list of the kinds of dragons we deal with, or feedback about the utility of the work we do) but I will ensure that you are not identifiable in any way without your explicit permission.

Journaling calls are never recorded.

My promise to you...

I will do everything in my power to provide high quality, thought provoking theory and practical tools for implementing the principles of good governance in your business.

I will lead by example and show up in all my vulnerable, human, imperfect glory.

I will share my thoughts and opinions honestly, based on my own experience, training, knowledge and intuition.

I will hold space for you and the other participants with curiosity and without judgment. I will celebrate your wins, commiserate with your challenges and support you towards achieving your goals.

When problems or conflicts arise, I will seek to understand the issues involved, offer flexible options and attempt to mediate a mutually satisfactory resolution.

My limitations...

As a professional researcher, I endeavour to use only reliable sources and present material in a format that is clear and cogent. However...

While I tend to speak with authority (occupational hazard) I definitely do not claim the position of guru or expert on a pedestal in this space. I need you to trust in your own wisdom, so we can question, challenge and dig into this material together.

I have more than ten years’ professional experience as a lawyer, and I am innately a rescuer at heart. That means I tend to jump in where angels fear to tread, offering suggestions and solutions to fix whatever issues crop up.

I am a good problem-solver and I love over-sharing, but I understand that this might not be what you want in certain circumstances. If this is unwelcome for any reason, tell me sweetly to butt out or back off. I am only ever offering ideas and perspectives for you to explore, not telling you what you should do.

Which brings us to the next point – while I am a lawyer, and managing legal issues may be among the risks that arise for consideration, Castle Quest is not a legal service.

Anything I say in Castle Quest – even when I am offering information about legal issues – is NOT offering professional legal advice and does not give rise to a lawyer-client relationship. It is MENTORING and education only. I am also not a financial adviser, and nothing I say should be considered financial advice.

The lines are unavoidably fuzzy, and I tend to be generous with sharing information and opinions, but for the sake of my peace of mind and your safety, if you intend to rely on what I say as professional advice, particularly when making an important decision, you MUST book in and pay for a proper consultation with a lawyer or financial adviser who is appropriately qualified in YOUR JURISDICTION.

I have added the schedule of calls to the sales page for convenience, but I don’t guarantee this schedule is up to date. I occasionally have to make changes to upcoming call times and I forget that this document needs to be amended. As such, the correct call times are those found using the Acuity booking links provided in this document, and the schedule PDF on the sales page is indicative only.

I actively moderate Castle Quest Facebook group and calls, and have low tolerance for rudeness or lack of respect for each other. Even when our emotions are heightened, we can communicate with compassion. Comments that I deem to be unacceptable will be deleted and I will email or PM you to discuss the situation. Having said that, I am not responsible for advice, comments and interactions that may take place between you and the other members.

Your commitment...

When you choose to participate in Castle Quest, you are making a commitment to show up and do the work, and you are asking me to hold you accountable during this process. As a result, it is essential that you conduct your research and confirm that you are ready to participate fully before you accept this agreement and enrol in the program. 

Castle Quest is all about accountability, boundaries, good decision making and managing risk.

(Surprise! This is an Easter Egg - a treat hidden for you to discover. Mention this Easter Egg to me, and you will receive 10% off the cost of joining Castle Quest, as a reward for doing what you are supposed to and reading this Participation Agreement before enrolling.)

Payment plans are offered solely to assist you in making this investment in your growth as a business owner. If you have signed up for a payment plan - including the early bird offer - but have not completed all your payments before the first call, your participation will be deferred to the next year’s intake.

My expectations of you...

Castle Quest is a deep dive into things that you may have been avoiding, putting off or refusing to face. It requires a willingness to engage with authenticity, vulnerability, curiosity and honesty. I expect you to be yourself, to be open to new ideas and to challenging received wisdom to see if it is true for you.

I expect you to tell me if your expectations are not being met, or if you feel like you are not being heard. Please, don’t ever hide and sulk!

I also expect you to take responsibility for your own engagement. How much effort you put in to Castle Quest is directly correlated to how much benefit you receive.

Our conversations in the Castle Quest calls are free-range rather than structured. We tend to be flexible and follow the flow of holistic exploration, although I will try hard to make sure that everyone has an opportunity to contribute. This can feel like a clumsy juggling act. I expect you to work with me, make space and encourage everyone to share as much or as little as they want to. One of the best ways we can look out for each other is to not “hog the microphone”. Imagine we have a virtual talking stick in our circles and our aim is to keep it moving – if we all keep our shares and suggestions short, sweet & succinct, we create sufficient space for everyone to share their wisdom. If you find this challenging (I am a storyteller myself, so I totally get it) I might quietly remind you to take a deep breath between thoughts, allowing someone else to jump in if they wish to.

This is not because I do not respect you or want to hear what you have to say and should definitely not be taken as criticism - it is simply that our time together is limited and it is my role as moderator to ensure everyone has an opportunity to be heard.

Please be mindful of the sensitive material we share in Castle Quest. We tend to get very personal about our experiences, our thoughts and our relationships both in relation to our business and our lives as business owners. Confidentiality is absolutely essential.

What happens in Castle Quest STAYS in Castle Quest.

Breaching another participant’s confidentiality (including mine) will be taken extremely seriously.

It is your responsibility to ensure that the details provided by you in the Woocommerce order form are correct. These details will be used to maintain the database of participants, notify you of upcoming Castle Quest events and future rounds of Castle Quest.

Should your details (particularly your email address) change at any time you must notify me of the change as soon as possible.

Disclaimer, indemnity & limitation of liability...

In Castle Quest, we will explore issues relating to best practice in business, integrity, decision making, conflict, communication, reputation, relationships and risk management. It is not a substitute for legal or financial advice, counselling or therapy and should be used in conjunction with appropriate professional support.

I was admitted to the Supreme Court as a solicitor in NSW in 2010 and have practiced law continually ever since (and before that, I spent 2 years working as a paralegal). I am a professional member of the NSW Law Society. I have first class Honours in English and Law, and Master of Laws with Honours. I have been an accredited mediator and a Family Dispute Resolution Practitioner.

However, in facilitating Castle Quest, I am acting as a risk management & good governance mentor, not a lawyer.

Castle Quest is not a legal service and does not give rise to a lawyer / client relationship.

Before acting on any information I share in Castle Quest, you need to do your due diligence and seek properly considered professional advice.

Please don’t risk damaging your business or suffering personal loss by relying on an off the cuff comment in an informal group setting. While our conversations may explore issues of marketing, launching, business development, client and personal relationships and lifestyle habits, I do not claim any authority or expertise in these areas. In Castle Quest, I share based on my own experiences and I do the work on my own business along with you.

In the event that you share something that I am concerned about or that raises a flag, I may recommend that you seek advice from an appropriately qualified legal, financial or mental health professional. I will try to only ever give you best practice information, but it is not a substitute for the advice you would receive in a professional consultation.

While it is my sincere hope and belief that the Castle Quest journey will assist you in your professional development as a business owner, the results you achieve will be highly personal and depend on a wide range of factors that are outside my knowledge and control.

There are no guarantees or warranties, only an endless curiosity to explore what else is possible.

The intention in Castle Quest is to bounce ideas around and explore aspects of your business that you may otherwise ignore, suppress or hide from. Our goal is sovereignty and self-determination as business owners.

It is a condition of participating in Castle Quest that you take full responsibility for your own actions. 

Please conduct your own research, ask lots of questions and make fully informed choices about whether a particular course of action is right for you. I and the other participants are never telling you what to do. Use your own integrity, stand in your power, and explore all the options before making decisions. My role is to help you examine a situation from all angles, question your assumptions and support you while you think about the challenges that you choose to share with us.

Understanding this, you fully agree to hold me blameless for anything that might go wrong while you are on this journey, including any loss, harm, damage or other unexpected consequence that you or your business may experience as a result of your participation in Castle Quest.

If this section of the agreement is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the total amount you have paid me for the Program.

Intellectual property & confidentiality...

In Castle Quest, I will share with you sensitive information that is personal and confidential about my own journey, business and my personal life. You agree to respect my privacy and that of other participants, and not share sensitive information with anyone else, including those with whom you are in a domestic relationship.

I may also share trade secrets, including elements of my courses and other products and services I provide. These trade secrets are protected under this Agreement as sensitive, confidential information, and you agree not to share or discuss them with anyone other than your fellow participants.

The resources, tools and Program material (content) that I have developed for Castle Quest are unique to me and are protected by copyright laws and treaties around the world, with all rights reserved.

It is a condition of participation that you are not allowed to share content produced for Castle Quest outside the program and you are prohibited from using it commercially in any way that competes with me or my business. The content is provided to you solely for your personal development and growth as a business owner.

I am a global online business. Carefree Counsel™, Castle Quest™, Serenity Connective™ and Contracts that Care™ are unregistered trade marks wherever they are used in the world. This means that these names may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

Force majeure & unavoidable delays...

You agree that I will not be deemed to be in breach of this Agreement for any delays or failures in performance or delivery which result from circumstances beyond my reasonable control.

I will promptly notify you in writing when such circumstances appear likely to cause a delay or failure in performance, and when they cease to do so.

If such circumstances continue for a continuous period of more than 6 months, you may terminate this Agreement & request a pro-rata refund by sending an email to: contact@carefreecounsel.com.

Dispute resolution & jurisdiction...

If any concerns or issues arise out of this Program Agreement, or your participation in Castle Quest, we both agree to communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both on the Mid North Coast of New South Wales, Australia.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales or similar neutral authority.

We agree to share the costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

We both agree that we shall not publicly or privately disparage each other or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with the business or personal interests of each other.

This agreement is subject to the governing law of New South Wales.

Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you for reading to the end...

I am so looking forward to sharing Castle Quest with you.

If you have any questions or concerns about this Agreement please do not hesitate to contact me or seek independent legal advice before you proceed with your purchase.