DRAFT — NOT LEGAL ADVICE. This document was AI-generated as a starting template. It MUST be reviewed and approved by a qualified Australian lawyer before use. Do not rely on this document without professional legal review.
Last updated: 16 April 2026
Provider: New Wave Group Pty Ltd (ABN TBC), trading as empwr., of Gold Coast, Queensland, Australia ("empwr.", "we", "us", "our")
Member: ______________________________ ("Member", "you", "your")
A. empwr. operates a group coaching program and AI-powered business analytics platform for Australian service-based business owners.
B. The Member wishes to participate in the empwr. program and access the associated services.
C. The parties agree to the terms and conditions set out in this Agreement.
In this Agreement, unless the context otherwise requires:
"Agreement" means this Member Agreement, including Schedule A.
"Deliverables" means the four (4) financial deliverables described in Schedule A.
"Intensive Phase" means the first 90 days of the program, commencing from the Commencement Date.
"Commencement Date" means the date of the Member's first payment.
"Ongoing Membership" means the monthly membership following the Intensive Phase.
"Platform" means the empwr. AI-powered SaaS analytics platform at empower-tools.netlify.app.
"Program" means the empwr. 90-day group coaching program, including all services described in clause 2.
During the Intensive Phase, empwr. will provide the Member with:
(a) Group coaching calls — fortnightly video coaching sessions with Reuben Garcia and the empwr. coaching team;
(b) Four (4) financial deliverables — as detailed in Schedule A, prepared using the Member's uploaded financial data;
(c) SaaS platform access — full access to the empwr. AI-powered analytics platform, including financial analysis tools, dashboards, and reports;
(d) Community access — membership of the empwr. community on Skool, including peer networking and discussion forums; and
(e) Daily KPI tracker — access to the empwr. daily business KPI tracking tool.
Following the Intensive Phase, the Member may continue on an Ongoing Membership basis, which includes:
(a) monthly community group coaching calls;
(b) continued access to the Platform and all tools;
(c) continued access to the Skool community;
(d) access to updated tools, templates, and resources as released; and
(e) continued access to the daily KPI tracker.
| Phase | Monthly Fee (AUD) | Duration |
|---|
| Intensive Phase | $2,000 per month | 2 months |
|---|---|---|
| Ongoing Membership | $1,500 per month | Month-to-month |
All fees are exclusive of GST unless otherwise stated.
All payments are processed via Stripe. The Member must provide a valid payment method at the time of registration.
The first payment of $2,000 is due at registration. The second payment of $2,000 is due one month after the Commencement Date. Ongoing Membership payments of $1,500 commence one month after the second payment and are billed monthly thereafter.
Ongoing Membership payments will be automatically charged to the Member's payment method each month until cancelled in accordance with clause 11.
If a payment fails, we will notify the Member and attempt to process the payment again within five (5) business days. If the payment remains unsuccessful after two (2) additional attempts, we may suspend the Member's access to the Platform and services until payment is received.
Refunds are governed by our Refund Policy, which forms part of this Agreement. A copy of the Refund Policy is available at [Refund Policy URL].
The Member agrees to:
(a) provide accurate, complete, and up-to-date personal and business information;
(b) upload accurate and complete financial data (profit and loss, balance sheet, general ledger) from their accounting software (Xero, MYOB, or QuickBooks Online) as required for the preparation of Deliverables;
(c) complete the onboarding questionnaire within fourteen (14) days of the Commencement Date;
(d) respond to requests for data, clarification, or additional information within fourteen (14) days of each request;
(e) attend group coaching calls or review recordings in a timely manner;
(f) comply with the Terms of Service and community guidelines;
(g) not share account credentials with any third party; and
(h) ensure they have the right to share any data uploaded to the Platform (i.e., it is their own business data or they have obtained appropriate consent).
empwr. agrees to:
(a) deliver the four (4) Deliverables detailed in Schedule A within sixty (60) days of receiving complete financial data from the Member;
(b) host fortnightly group coaching calls during the Intensive Phase;
(c) host monthly community calls during the Ongoing Membership;
(d) provide the Member with full access to the Platform for the duration of their membership;
(e) maintain reasonable data security measures in accordance with the Privacy Policy;
(f) keep the Member's business data confidential in accordance with clause 7; and
(g) respond to Member enquiries within five (5) business days.
All methodologies, frameworks, templates, tools, platform code, software, branding, and course materials developed by empwr. are and remain the intellectual property of empwr. / New Wave Group Pty Ltd. The Member is granted a non-exclusive, non-transferable licence to use these materials for their own internal business purposes only, for the duration of their membership.
The Member retains full ownership of:
(a) all data, documents, and financial information uploaded to the Platform ("Member Data"); and
(b) the Deliverables prepared specifically for the Member, once paid in full.
The Member must not:
(a) reproduce, distribute, resell, or share empwr. methodologies, templates, tools, or platform code with any third party;
(b) reverse-engineer, decompile, or attempt to extract the source code of the Platform; or
(c) use empwr. intellectual property to create a competing product or service.
empwr. will keep the Member's financial data, business information, and personal information strictly confidential. empwr. will not disclose the Member's confidential information to any third party except:
(a) as required to deliver the services (e.g., processing via the Anthropic API — see Privacy Policy);
(b) with the Member's prior written consent; or
(c) as required by law.
The Member agrees to keep empwr. methodologies, frameworks, proprietary tools, and coaching content confidential. The Member will not disclose empwr.'s confidential information to any third party without prior written consent.
Confidentiality obligations survive the termination or expiry of this Agreement for a period of two (2) years.
The collection, use, storage, and disclosure of the Member's personal information and business data is governed by our Privacy Policy, which forms part of this Agreement.
Member Data is stored on Supabase infrastructure in the Australian region. Member Data remains in Australia.
The Member may request an export of their uploaded data and Deliverables at any time by contacting [email protected].
Upon termination of this Agreement, the Member may request deletion of their data. empwr. will delete the Member's data within ninety (90) days of receiving a written request, subject to any legal obligations to retain certain records.
The empwr. coaching program, Platform, and all associated tools and deliverables provide business coaching, analysis, and educational services only. empwr. is not a licensed financial adviser, registered tax agent, or legal practitioner.
Nothing provided through the Program constitutes:
(a) financial advice within the meaning of the Corporations Act 2001 (Cth);
(b) accounting or tax advice;
(c) legal advice; or
(d) a formal business valuation.
empwr. recommends that the Member consult qualified professionals — including a registered tax agent, licensed financial adviser, and/or solicitor — before making specific financial, business, legal, or tax decisions based on any analysis, recommendations, or deliverables provided through the Program.
empwr. is not liable for any business decisions made by the Member based on analysis, recommendations, coaching, or deliverables provided through the Program. The Member acknowledges that all business decisions are made at their own risk.
To the maximum extent permitted by law, empwr.'s total aggregate liability to the Member for any claim arising under or in connection with this Agreement will not exceed the total fees paid by the Member to empwr. in the twelve (12) months preceding the event giving rise to the claim.
To the maximum extent permitted by law, empwr. will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of revenue, loss of data, or loss of business opportunity.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
If a dispute arises under or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through informal discussion in good faith.
If the dispute is not resolved within thirty (30) days of written notice, either party may refer the dispute to mediation administered by the Resolution Institute (or a similar mediation body agreed by the parties) in Gold Coast, Queensland. The costs of mediation will be shared equally between the parties.
If the dispute is not resolved through mediation within sixty (60) days, either party may commence proceedings in the courts of Queensland.
Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
The Member may terminate this Agreement at any time by providing thirty (30) days' written notice to [email protected]. Termination takes effect at the end of the billing period following the notice period.
empwr. may terminate this Agreement if the Member:
(a) breaches any material term of this Agreement and fails to remedy the breach within fourteen (14) days of receiving written notice of the breach;
(b) engages in conduct that is harmful to other members, the community, or empwr.'s reputation; or
(c) fails to make payment after the failed payment process described in clause 3.5.
Upon termination:
(a) the Member's access to the Platform, community, and coaching calls will cease at the end of the current billing period (or immediately in the case of termination for breach);
(b) the Member retains ownership of their uploaded data and any Deliverables paid for and received;
(c) the Member may request an export of their data within thirty (30) days of termination; and
(d) clauses that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, dispute resolution, and governing law) will survive.
Neither party will be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, government action, internet or telecommunications failure, or infrastructure outages. The affected party must notify the other party as soon as practicable and take reasonable steps to mitigate the impact.
This Agreement, together with the Terms of Service, Privacy Policy, and Refund Policy, constitutes the entire agreement between the parties in relation to the Program and supersedes all prior discussions, representations, and agreements.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.
A waiver of any right or remedy under this Agreement is only effective if given in writing and does not constitute a waiver of any subsequent right or remedy.
The Member may not assign or transfer their rights or obligations under this Agreement without the prior written consent of empwr. empwr. may assign its rights and obligations to a related body corporate or successor entity.
All notices under this Agreement must be in writing and sent by email to:
This Agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts of appeal therefrom.
| Full Name: | ______________________________ |
|---|---|
| Business Name: | ______________________________ |
| Signature: | ______________________________ |
| Date: | ______________________________ |
| Full Name: | Reuben Garcia |
|---|---|
| Title: | Director |
| Signature: | ______________________________ |
| Date: | ______________________________ |
The following four (4) financial deliverables will be prepared for the Member during the Intensive Phase:
| # | Deliverable | Description |
|---|
| 1 | Profit Diagnostic Report | Comprehensive analysis of the Member's profit and loss, identifying key drivers, margins, and opportunities for improvement |
|---|---|---|
| 2 | Cash Flow Forecast & Strategy | Forward-looking cash flow model with scenario analysis and recommendations for improving cash position |
| 3 | Business Scalability Assessment | Analysis of the Member's business model, capacity, and operational readiness for growth from current revenue to next milestone |
| 4 | Growth Action Plan | Prioritised 90-day action plan with specific financial targets, KPIs, and milestones aligned to the Member's business goals |
| Milestone | Timeframe |
|---|
| Member completes onboarding questionnaire | Within 14 days of Commencement Date |
|---|---|
| Member uploads complete financial data | Within 14 days of Commencement Date |
| empwr. delivers Deliverables 1 and 2 | Within 30 days of receiving complete data |
| empwr. delivers Deliverables 3 and 4 | Within 60 days of receiving complete data |
Delivery timelines are contingent on the Member providing complete and accurate financial data and responding to requests for clarification within fourteen (14) days. Delays caused by the Member's failure to provide data or respond to requests will extend the delivery timeline by an equivalent period.
This Member Agreement was last updated on 16 April 2026.