Access files for the LEAP review
Thank you for being here!
We know your time is precious so we appreciate your time as a member of our Living Experience Advocacy Panel.
Here’s what happens next:
- To download review documents, please read and agree to the Confidentiality Agreement below.
- You’ll be sent a password. Click the link in the email and enter the password to access the LEAP page.
- Download the PDF or PDFs, read them, and then come back to click through to the review questionnaire.
- Complete the review questions.
- You’ll also be asked to confirm your bank account details or upload an invoice for us to pay you the $200 honorarium.
- Submit your review.
Confidentiality agreement
Acknowledgement
This agreement takes place on stolen land. Sovereignty was never ceded.
We acknowledge the custodians of Country and their enduring sovereignty of land, sea, sky, and community. We honour the Elders past and present. We pay respects to emerging leaders. We bear witness to the diversity, strength, and resilience of all First Nations peoples.
Definitions
- “Agreement” means this agreement including the background, any schedules and any annexures.
- “Confidential Information” means:
- the terms of this Agreement and its subject matter, including information submitted or disclosed by either party during negotiations, discussions and meetings relating to this Agreement;
- information that at the time of disclosure is identified by the disclosing party to the receiving party as being confidential;
- intertwine’s pricing and fee structures provided at the time of entering into this Agreement or as disclosed from time to time during the Term of this Agreement; and
- all other Information that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the receiving party knows, or ought reasonably to be expected to know, is confidential to the disclosing party or any related entity of that disclosing party.
- “Intellectual Property” means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
- patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, rights in circuit layouts, plant breeder’s rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of these rights;
- any registration of any of those rights or any registration of any application referred to in paragraph (b); and
- all renewals, divisions and extensions of these rights.
- “Material” refers to the creative output from each Project delivered to any intertwine representative or to any intertwine client or during any intertwine-branded training, by you, the Advocate.
- “Project” refers to all project documents jointly created by the parties to the project. All Projects briefed to you or co-created with you are bound by this Agreement.
- “Work” refers to the services provided by you, the Advocate, as outlined in the brief or Project documents and any other related communications.
We agree that:
- Duration of the Agreement
- This Agreement will commence on the date that you submit this form (Commencement Date).
- The Agreement, once signed, stays in force until the Materials supplied for review are released to the public (Term).
- Relationship between the parties
- The sole legal relationship between the Contractor and intertwine is that of an agreement for the Contractor (Advocate) to supply their services to intertwine. Nothing in this Agreement creates or will be deemed to create a partnership, a joint venture or employee and employer relationship as between the Advocate and intertwine.
- The Advocate acknowledges and agrees that their appointment is on a non-exclusive basis and that intertwine may appoint other persons or corporations as an Advocate at its sole discretion.
- Confidentiality
- The Advocate, their employees and any agents of the Advocate must keep all information received from or about clients, Projects and intertwine, or which the contractor gleans or receives while supplying services to intertwine, in the strictest confidence.
- The Advocate shall not use this information other than for the completion of the Review or Project. The Advocate must take all necessary precautions to protect such Confidential Information, including when engaging their own sub-contractors or staff for a Project.
- Conflict of Interest
- The Advocate warrants that at the Commencement Date no conflict of interest exists in relation to the Project or is likely to arise during the term of the Agreement. The Contractor must inform intertwine in writing as soon as it becomes aware of any matter that may give rise to a potential or actual conflict of interest.
- Fees and expenses
- In consideration of the Advocate undertaking the tasks required in this Agreement, intertwine agrees to pay the Advocate fees an honorarium up to the maximum agreed per Project.
- All expenses incurred by the Advocate are the responsibility of the contractor except where specifically agreed in advance in writing between intertwine and the Advocate in advance of the expense being incurred. intertwine does not accept any liability nor obligation to pay expenses incurred without prior written agreement.
- If the fees and expenses reasonably necessary to complete the tasks allocated are likely to exceed the agreed honorarium and hours for a Project, intertwine and the Contractor will negotiate either a reduction in scope of the related tasks and/or an increase to the maximum amount of fees and expenses available to complete the tasks, prior to the excess hours and expenses being incurred.
- The Advocate will provide with each invoice submitted for payment a detailed listing of the tasks and related hours and expenses being invoiced according to the agreed maximum hours and expenses allocated.
- intertwine will aim to pay the Advocate by electronic transfer within thirty (30) days of receiving and approving each invoice.
- Representations and warranties
- The Advocate warrants that they have expertise from living experience in the areas previously disclosed to intertwine, and that they are experienced in providing services of a similar nature to those covered by this Agreement and will do so diligently and competently and in accordance with generally accepted professional and ethical principles and standards.
- Ownership of Intellectual Property
- The Parties agree that Intellectual Property rights in Material are owned by intertwine, intertwine’s client or in some circumstances jointly by both the client and intertwine.
- The Intellectual Property rights in any Material produced for or during the course of the Project are hereby assigned by the Advocate to intertwine in perpetuity and in all channels and jurisdictions.
- The Advocate grants intertwine a non-exclusive, perpetual, royalty-free and irrevocable licence to reproduce and use any Intellectual Property Rights in Material provided to intertwine by the Advocate.
- Any Material(s) where the Intellectual Property rights are:
- owned by, or assigned to, intertwine solely; or
- jointly owned by the Contractor and intertwine
- may be licensed by the Advocate for use by third parties but only if prior written agreement is sought from and provided to the Advocate by intertwine.
- Indemnification
- The Advocate indemnifies intertwine and agrees to not take action against intertwine for any action or inaction by its clients.
- The Advocate agrees not to make any claim against either intertwine nor its clients if intertwine or its clients does something or omits to do something that is inconsistent with the Advocate’s moral rights under the Copyright Act 1968 (Cth).
- Briefing Process & Project
- At the beginning of each Project, the Advocate will receive a brief (email or hardcopy) with all key deliverables, deadlines, available supporting documentation, fees and payment terms for your Work.
- The Advocate must advise intertwine immediately in writing if any deliverables, deadlines or terms cause you concern or cannot be achieved by you.
- The Advocate will comply with all relevant laws relating to the provision of the Project services including the Privacy and Data Protection Act 2014 (Vic) and the Privacy Act (Cth).
- Sub-Contractors & Employees
- The Advocate may delegate or sub-contract all or part of the Work to others, however:
- You must inform intertwine in writing that you are doing so;
- If your sub-contractors or staff will have direct contact with our clients, this must be agreed to by intertwine in writing;
- Sub-contractors you engage are paid directly by you;
- You delegate work to others at your own risk, and you will remain fully responsible for all aspects of the Work, Material, Project fulfilment, and any legal obligations as well as those agreed to under this Agreement;
- You must ensure that your sub-contractors and staff who work on the Project sign with you, and are bound by, a non-disclosure and service agreement similar to this Agreement, ensuring all information received or obtained by your sub-contractor or employee relating to a Project remains strictly confidential and handled in a manner which complies with clause 2.9(c).
- Non-Solicitation
- The Advocate, and the Advocate’s sub-contractors or employees, shall not accept, solicit or entice a work engagement for services from any of intertwine’s clients, or their subsidiaries and affiliates, that is of the same or similar type as the Work they provided to intertwine, or of those intertwine provides. This non-solicitation clause applies during each Project, and extends to a period of six (6) months after completion of each Project, unless otherwise agreed to by intertwine in writing.
- Jurisdiction / Governing Law
- Although this Agreement takes place on the stolen land of the Wurundjeri and Boonwurrung peoples of the Kulin Nation, we nonetheless accept that this Agreement shall be governed by the laws of the State of Victoria and we both agree to submit to the jurisdiction of that court in the event of otherwise irreconcilable differences.
Signed:
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