Franchisee Success Club Terms and Conditions
1.1 The entry and continued inclusion of the nominated franchisee in the Franchisee Success Club is at the complete and unfettered discretion of the FCA and is subject to the Franchisee Success Club terms and conditions, as amended from time to time. Any decision by the FCA is final and binding upon the franchisee and franchisor. The FCA reserves the right in its absolute discretion to add, change, limit, modify or cancel the Franchisee Success Club terms and conditions, regulations, benefits and conditions of membership in whole or part at any time and to add or vary any fee for nomination or continued inclusion in the Franchisee Success Club. Any changes will be effective immediately they are published by the FCA on www.franchise.org.au unless stated otherwise.
1.2 The nominated franchisee and the nominating franchisor warrant to the FCA that all information contained in this nomination form or otherwise supplied to the FCA in connection with the Franchisee Success Club is and will be true, correct and not misleading either by content or omission. They jointly and severally indemnify the FCA and all employees and representatives of the FCA against all costs, expenses, damages or claims whatsoever arising out of any breach of this warranty.
1.3 The franchisee and the franchisor acknowledge and agree that the information contained in this form and other material supplied in relation to the Franchisee Success Club will be publicly available and accessible to third parties including the media. Copyright in all content of this nomination form shall vest in and is hereby irrevocably assigned to the FCA with full rights of use and re-production. The franchisee and the franchisor irrevocably consent to the use by the FCA of any personal or other information, personal images, photographs and other material submitted to the FCA in relation to the Franchisee Success Club for any lawful purpose including promotion of franchising and promotion of the FCA.
1.4 The FCA takes no responsibility for lost or incorrect Franchisee Success Club Nomination Forms or any Franchisee Success Club Nomination Forms that may not be received as a result of a technological or human error, or for any errors in publication or failure to publish.
1.5 The FCA reserves the right to reject, exclude, suspend, cancel or withdraw any person from the Franchisee Success Club for any reason as may be determined by the FCA in its absolute discretion, or on request by the relevant franchisor, the franchisor or the franchisee.
1.6 The Franchisee Success Club, or nomination for the Franchisee Success Club, does not create, constitute or give rise to any legal or contractual rights by members or franchisees against the FCA and the franchisee does not by nomination become a member of the FCA.
1.7 The FCA will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss), or for personal injury suffered or sustained, as a result of entry into, nomination for or exclusion from the Franchisee Success Club or for any publicity or access to or use of the information by any third party, except for any liability which cannot be excluded by law.