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Within every human being lies the potential to change the world. Our role is to unleash and harness it. So that as an individual or organisation we create a better world to live in.

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Registration Date: 2018-11-13


I. FOREWORD

This Composite Enrolment Document includes (i) Benchmark’s foreword; (ii) your Health Form; and (iii) the Enrolment Agreement.

These contents are important. Please read them all thoroughly and carefully, as they are concerned with serious health and legal matters and portions of them would constitute legally binding contractual terms between you and Benchmark international Limited (“Benchmark”).

Should you wish to raise any queries, please liaise with your local Benchmark office immediately and our staff would be gladly provide you with any necessary information. By participating in the workshop(s), training(s), course(s) and/or module(s) of Benchmark (hereinafter collectively the “Benchmark Trainings”) and by your signing this document, you would be deemed to have (i) attained a full understanding of all the contents of this document; (ii) agreed to all the contents of this document; and (iii) agreed to strict adherence to any instructions as set out in this document. Your participation to the Benchmark Trainings would be a voluntary choice of yours, which attendance would be made at your own responsibility. You would also be deemed to have made the voluntary choice to accept all risks of participation which may be involved.

General

The Benchmark Trainings are designed for participants who enjoy physical, mental and/or emotional good health. If you (i) suffer any ailments physically, mentally or emotionally; (ii) are attended to by medical and/or mental health practitioner(s); (iii) intend to or should have had sought attendance by medical and/or mental health practitioner(s); and/or (iv) are feeling unwell/depressed or have difficulty sleeping, you must consult your medical and/or mental health professional(s) and resolve your above-said issue(s) completely before participating in any Benchmark Trainings. Upon reasonable written request, Benchmark will provide you and your medical and/ or mental health professional(s) with the necessary further information as are reasonably required to enable you to make an informed decision regarding your enrolment and/or participation in any of the Benchmark Trainings.

Please note that some physical exercises are involved in the Benchmark Trainings. You must be responsible to yourself as well as to the other participants when you participate in such physical exercises without exceeding your physical limitations.

Special Requirements

You are free to leave the training room of the Benchmark Trainings at any time. In the interests of disruption management, however, you are preferred to limit this to the scheduled breaks and/or short breaks. Should your physical condition calls upon special requirements as to (i) eating timings; (ii) medicine taking/timings; (iii) sitting arrangements and/or (iv) stretching exercises and etc., you should notify Benchmark in advance and before the start of the first day of the Benchmark Trainings, so that appropriate arrangements could be made in accommodation of your specific needs in advance. Moreover, it is crucial that you notify the Benchmark trainer(s) (the “Trainer(s)”) about the above-said special arrangements, when he or she goes through the Ground Rules with all the participants.

Emotional Discomfort

During the Benchmark Trainings, you will have the opportunity to reflect on many important areas of your life in an honest and congruent manner. As each participant’s experience of the Benchmark Trainings are unique to themselves, there could be no forecast as to exactly how you would think and/or feel within and after the training(s). It is possible that you may experience thoughts and emotions which were latent and unexpressed by you prior to the training(s). For most, this will be considered a ground-breaking and positive learning experience that they wish to celebrate about. However, it is possible that some participants, when faced with their life’s issues in an honest and congruent manner, may feel sad, angry, fearful, resentful and etc.

Some exercises within the training(s) could also be considered too intense, and at times, demanding and unsettling for some. We understand that a very small percentage of participants who attended similar training(s) and who previously had no symptoms of illnesses do develop adverse reactions to certain exercises within such training(s). Similar to any serious life undertakings, please be reminded to take the time now and decide carefully whether you are fit physically, mentally and emotionally in order to participate fully in the exercises and experiences that are involved in the Benchmark Trainings.

Should you feel uncertain as to whether this type of training is suitable for you, please be reminded to discuss this with your medical and/or mental health professional(s), before commencement of enrolment and/or participation. As said before, we will provide you and your medical and/or mental health professional(s) with the necessary further information as are reasonably required to enable you to make an informed decision regarding your participation in any of the Benchmark Trainings, at any time upon reasonable written advance request.

No “Counseling – Substitute”

As explained, the Benchmark Trainings are based on the Experiential Learning technology, which has been recognized as one of the most effective way to tap into the vast human potential. The purpose of the Benchmark Trainings is to enhance personal effectiveness. Whilst, participants of the trainings invariably experience increased personal effectiveness, our trainings are by no means “substitutes” for therapy and/or counseling sessions (whether medical or psychiatric). Similarly, our trainings are not designed to resolve any problems for the participants, especially when such problems are of possible medical, psychological and/or emotional nature.

In fact, no medical, psychological and/or emotional disorders or problems would be addressed in the Benchmark Trainings at all. Meanwhile, please note our declaration herein that, none of our staff would be engaged by Benchmark as medical and/or mental health professionals, even if they had been trained as such. Thus, none of our staff would at any time be engaged in, hold out themselves as and/or be perceived as to be engaged in the provision of advice or recommendations regarding any possible remedies and/or treatments in connection with physical, mental and/or emotional problems of any participants. To emphasize, none of the Benchmark Trainings is by any means a psychological support group or a therapeutic support network at all. If you are participating in the Benchmark Trainings because you seek a support group or a therapeutic support network, please note that we cannot serve you under such premises.

Further, none of our trainings are designed to resolve an issues related to childhood traumas/issues, inclusive of physical, mental or relational/sexual abuse. Again, none of our staff would be engaged by Benchmark as medical and/or mental health professionals, even if they had been trained as such. Thus, none of our staff would at any time be engaged in, hold out themselves as and/or be perceived as to be engaged in the provision of advice or recommendations regarding any possible remedies and/or treatments in connection with the above-said childhood traumas/issues which may have been experienced by any participants. To recap, if you are participating in the Benchmark Trainings because you seek to address any issues similar to the above-said childhood traumas/issues, please note that we cannot serve you under such premises.

Participants who participate in our trainings mistakenly perceiving that such participation could be a “substitute” for medical and/or mental health treatment (inclusive of therapy and/or counseling sessions) could experience adverse consequences to their medical and/or mental health. If you have a problem requiring medical and/or mental health treatment, please do not participate in any of the Benchmark Trainings and seek alternative professional help.

Substance Dependency

It is crucial for you to refrain from the taking alcohol and/or any non-prescribed/mood-altering drugs during the entire duration of any of the Benchmark Trainings. The above has been clearly re-iterated in our Ground Rules. If you are dependent on alcohol and/or any non- prescribed/mood-altering drugs, please cease your participation in our trainings and seek alternative professional help.

As explained, the purpose of the Benchmark Trainings is to enhance personal effectiveness and not to assist/solve problems of dependency on alcohol and/or any non-prescribed/mood-altering drugs. So, if you are dependent on alcohol and/or any non-prescribed/ mood-altering drugs, we will not be able to serve you under such premises. As such, please do not participate in any of the Benchmark Trainings and seek alternative professional help.

Anxiety and Stress

As said, you will, during the Benchmark Trainings, reflect on many important areas of your life in an honest and congruent manner. For some participants, they may, at times, experience thoughts and emotions which they have never experienced before, and of which they find “discomforting”. However, if you feel that these feelings of discomfort are excessive in degree, please report them to the Trainer(s) and/or to Benchmark immediately.

Anxiety and stress are recognized by most as a normal part of their lives. It is normal for different people to look at the same event with different levels and degrees of anxiety and stress. In the Benchmark Trainings, participants would have the opportunity to observe and take into consideration and observe how they react to anxiety and stress. This learning, if well used, could increase participants’ self- awareness and personal effectiveness as a result. However, if you have doubts and concerns as to your ability to handle anxiety and stress, we would recommend you not to participate in the Benchmark Trainings.

We understand from medical and/or mental health professional findings that physical and/or emotional ailments may reduce the tolerance level towards “normal” levels of anxiety and stress, and that different over-all physical, genetic and mental background/ status of each participant could impact on his/her susceptibility to stress and anxiety. As such, if you have any history and/or family history of illness either physically, mentally or emotionally, please be reminded to discuss this with your medical and/or mental health professional(s), before commencement of participation with our trainings. As said before, we will provide you and your medical and/ or mental health professional(s) with the necessary further information as are reasonably required to enable you to make an informed decision regarding your participation in any of the Benchmark Trainings, at any time upon reasonable written advance request.

Pandemic/Epidemic Diseases

It is crucial for you to refrain from participation in any Benchmark Trainings, if you have or believe that you have been infected with any strain of pandemic/epidemic viruses (i.e. H1N1, Bird Flu, SARS and etc.). As these viruses and emerging viruses are proved to be able to spread among humans rapidly, it is crucial you cease all participations within any of the Benchmark Trainings, when in doubt of any infections on you. In this regard, we remind you of your responsibility to take care of your health as well as the health of all the other participants within the training room.

Above all, we ask that you cease to participate in any Benchmark Trainings, if any of the below situations is/are applicable to you :-

Physical Situations

  • You have or you believe that you have untreated high blood pressure, cardiac disease, or you have or believe that you have had a heart attack, stroke, epileptic seizure or any similar medical situations/conditions
  • You are or you believe that you are pregnant.
  • You have or believe that you have been infected with any strain of pandemic/epidemic viruses (i.e. H1N1, Bird Flu, SARS and etc.).
  • You are or you believe that you are dependent on alcohol and/or any non-prescribed/mood-altering drugs, or you have or you believe that you have an unresolved history of dependency and/or abuse of alcohol and/or any non-prescribed/mood-altering drugs. For the avoidance of doubt, dependency on non-prescribed drugs above would include your use or historical use of steroids and/or sleeping pills, which have not been prescribed by your medical professional(s) for medical purposes.
  • you are or your believe that you are unwell and have not attended to such ailments towards their full remedy by the requisite medical professional(s).

Mental Health Situations

  • You suffer or your believe that you may suffer from any clinical psychological problems and/or serious emotional problems and/ or you have difficulties handling anxiety and/or stress or you have been feeling unwell mentally and/or emotionally and have not attended towards their full remedy by the requisite medical and/or mental health professional(s).
  • Within the last 12 months, you have been receiving therapy and/or psychological counseling.
  • You have been hospitalized for psychiatric care and/or for any mental related issues, or you have ever had or you believe that you have had a “nervous breakdown”.
  • You or someone within your first-degree family and/or your second-degree family (i.e. grand-parents, parents, siblings, first-degree cousins and etc.) have or is/are believed to have a history of psychiatric disorders (i.e. inclusive of bi-polar disorders and manic- depressive disorders), schizophrenia, acute or chronic depression or any type of psychotic disorders, or have attempted suicide, whether or not the same has been treated medically.
  • Within the last 12 months, you have been prescribed medication used to treat any form of anxiety, depression or any kind of psychiatric disorders (i.e. inclusive of bi-polar disorders and manic-depressive disorders), schizophrenia, acute or chronic depression or any type of psychotic disorders and etc.. On a non-exclusive basis, the above-said medication could include Librium, Atvian, Klopapin, Xanax, Dormicum, Elavil, Prozac, Zoloft, Celexa, Cipram, Prothiaden, Thorazine, Haldol, Stelazine, Risperdal, Zyprexa, Dogmatil, Lithium, Gabapentin, Depakote and etc.

Miscellaneous Situations

  • You are or you believe that you are coerced, forced or pressurized by some parties (ie. inclusive of employer(s), friend(s) and/or family member(s)) to participate in any trainings, when you voluntarily wish not to.

II. HEALTH FORM

The following question should be replied to completely. Please use additional pages where necessary. Subject to due compliance of the requisite laws and regulations as shall be in force from time to time within the jurisdiction applicable to the particular Benchmark Trainings that you will participate in, the contents of your replies to this form would be kept private and confidential.

If you are in doubt as to whether or not it is appropriate to participate in any of the Benchmark Trainings, please consult the relevant professionals and seek the necessary independent advice.

1a) Do you fully understand the entire contents of this form as well as all the documents which have been furnished to you by Benchmark in connection with your enrolment and participation in any of the Benchmark Trainings, which you are about to enroll and/or participate in?

Are there additional information which you require from Benchmark in connection with your enrolment and participation in any of the Benchmark Trainings, which you are about to enroll and/or participate in?

1b) Do any situations as set out in the foregoing headed sections “I”, “II” and/or “III” apply to you (or, where applicable, apply to your members of family?). You are advised to double-check carefully before your furnish your below reply.

If you have answered “Yes” to this question, please do note attend any Benchmark Trainings. Please also advise Benchmark immediately if your status has changed from the date of your replies to this form, if such change of status would mean that you would have answered “Yes” to this question.

2) On a regular and day-to-day basis, how many hours of sleep do you enjoy?

Do you experience problems in your sleep?

It is crucial that you take responsibility to ensure that you get sufficient sleep during any of the Benchmark Trainings.

3a) Are you taking or are you advised to take any prescribed medication and/or drug?

If “Yes”, please specify medication and/or drug and please note that you need to ensure that you continue to take such prescribed medication and/or drug as per your medical advice during any of the Benchmark Trainings.

3b) Do you have any allergies?

3c) Do you suffer from asthma?

4) Do you have or do you believe or have you been advised that you have any health issues or physical limitations which could obstruct your participation in any of the Benchmark Trainings?

5) Before the last 12 months, have you sought assistance and help from therapists, counselors and/or medical/mental health professional(s) or have such assistance/help been advised or recommended to you?

If you have answered “Yes” to this question, please do note attend any of the Benchmark Trainings, unless you have first consulted your medical/ mental health professional(s) before deciding to participate therein, as we are not qualified to assess your state of mental health towards your participation in any of the Benchmark Trainings. In this regard, please note that we need you to provide us with a release duly signed by your medical/mental health professional(s) before accepting your enrolment and participation in any of our trainings.

6) Before the last 12 months, have you been prescribed medication which are used to treat any form of anxiety, depression or any kind of psychiatric disorders (ie. inclusive of bi-polar disorders and manic-depressive disorders), schizophrenia, acute or chronic depression or any type of psychotic disorders and etc.. On a non-exclusive basis, the above-said medication could include Librium, Atvian, Klopapin, Xanax, Dormicum, Elavil, Prozac, Zoloft, Celexa, Cipram, Prothiaden, Thorazine, Haldol, Stelazine, Risperdal, Zyprexa, Dogmatil, Lithium, Gabapentin, Depakote and etc.. Or have such prescription been advised or recommended to you?

If you have answered “Yes” to this question, please do note attend any of the Benchmark Training, unless you have first consulted your medical/ mental health professional(s) before deciding to participate therein, as we are not qualified to assess your state of mental health towards your participation in any of the Benchmark Trainings. In this regard, please note that we need you to provide us with a release duly signed by your medical/mental health professional(s) before accepting your enrolment and participation in any of our trainings.

A release form for the consideration and signature of your medical/mental health professional(s) would be made available to you upon your request.

As said before, we will provide you and your medical and/or mental health professional(s) with the necessary further information as are reasonably required to enable you to make an informed decision regarding your participation in any of the Benchmark Trainings, at any time upon reasonable written advance request.

III. ENROLMENT AGREEMENT

Terms and Conditions

Legal Agreement & Legal Bindingness

  1. This is a legally binding agreement (“this Agreement”) between you and Benchmark International Limited (“Benchmark”).
    You are strongly advised to read thoroughly and carefully the terms and conditions as set out herein, given the signing of this Agreement by you below would immediately create a legally binding agreement between you and Benchmark.

    By your signing of this Agreement, you are deemed to have either consulted legal professionals beforehand or have considered that the same not being necessary in light that you fully understood the terms and conditions of this Agreement inclusive of their legal implications on you.

Declaration and Waiver of future claims

  1. Once this Agreement is signed by you, you will be deemed to have :
    1. fully understood all the contents, terms and conditions therein;
    2. agreed to absolutely abide by all the terms of this Agreement voluntarily;
    3. confirmed that you are 18 years old or above; and
    4. completely forfeited and/or waived any and all rights or claims of whatever nature, past, present and future, which you may have against Benchmark and any member(s) of its group of companies (hereinafter, collectively the “Benchmark Group”), their respective, board members, employees, shareholders, successors, assigns, supporting ex-participants, helpers, support staff and heirs (hereinafter collectively the “Benchmark Associates”). For clarity, the above forfeiture and/or waiver of rights or claims would include your forfeiture and/or waiver of any of your rights to initiate any actions through the consumer councils or their equivalents within the jurisdiction applicable to the particular Benchmark Trainings that I will participate in.

Cancellation and related Refunds

  1. You may apply for a full cancellation related refund of your paid tuition fees for the workshop(s), training(s), course(s) and/ or module(s) of Benchmark (hereinafter collectively the “Benchmark Trainings” and singularly the “Benchmark Training”), if your written application is made within 72 hours after the time of your payment of such tuition fees. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you.
  2. If you wish not to attend the Benchmark Training, within the period of 3 calendar days to 3 calendar months after the time you have paid your tuition fees for it, you may apply to Benchmark in writing whereupon and subject to the sole discretion of Benchmark, you may either :
    1. transfer your paid tuition fees to a subsequently scheduled Benchmark Training of the same class/category (for the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training), provided that such subsequent training will commence within 12 calendar months from the date of your payment of your tuition fees; or
    2. apply for a partial cancellation related refund of your paid tuition fees for the Benchmark Training. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you. At the same time, an administrative fee would also be chargeable to you by Benchmark, which administrative fee may vary from time to time and may be different from jurisdiction to jurisdiction depending on the jurisdiction in which you have made your enrolment to attend the Benchmark Training. As such, the administrative fee would also be deducted from the said refund, before the balance of the same is made payable to you.

Documentation Submission

  1. You must submit all enrolment documentations and materials for the Benchmark Training as well as the “Pre-Training Homework”, to Benchmark by the earlier of (i) 3 calendar days after the date of your enrolment into the Benchmark Training; or (ii) the commencement of the Benchmark Training in which you will participate.

Tuition Fees Payment

  1. You must fully and finally pay up all your tuition fees towards the Benchmark Training by the earlier of (i) 7 calendar days after the date of your enrolment into the Benchmark Training; or (ii) the commencement of the Benchmark Training in which you will participate.

Transfers

  1. Unless specifically set out in this Agreement, your tuition fees towards the Benchmark Training could not be transferred to any other training(s) and/or workshop(s) of Benchmark which are of a different class/category. For the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training.

Other Refunds

  1. If you are compelled, requested and/or required to cease attendance and/or participation in the Benchmark Training by any staff of Benchmark and/or the trainer(s) of such aforesaid training (the “Trainer(s)”) for any reasons whatsoever after you have paid all or any part of the related tuition fees, you will receive a full refund of the same. Should any aforesaid refund be made, the timing of such refund would be scheduled at the sole discretion of Benchmark and all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you.
  2. If you choose to discontinue the Benchmark Training during its training period, you will not be entitled to any refund, but you may within the period of 3 calendar days to 3 calendar months after the time of your afore-said discontinuance of the Benchmark Training, by written application, transfer your paid tuition fees into a subsequently scheduled Benchmark Training of the same class/category (for the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training), provided that such subsequent training will commence within 12 calendar months after the date of your afore-said discontinuance of training.
  3. If you view that you have derived no value at all from the Benchmark Training, after your having completed the entire five-day sessions of it, you may within 72 hours after your completion of the Benchmark Training on Sunday apply by written application for a partial refund of your paid tuition fees for the Benchmark Training. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you. At the same time, an administrative fee would also be chargeable to you by Benchmark, which administrative fee may vary from time to time and may be different from jurisdiction to jurisdiction depending on the jurisdiction in which you have made your enrolment to attend the Benchmark Training. As such, the administrative fee would also be deducted from the said refund, before the balance of the same is made payable to you.

Time is of Essence

  1. As many refund procedures as set out in this Agreement are time-specific and time-sensitive, please note that time is of the essence in this Agreement.

Confidentiality

  1. You hereby agree that you will not make any records (inclusive of recording by any means, photographing, videotaping and/or filming and etc.) of any part of the Benchmark Training during and/or after the training itself.
  2. You irrevocably undertake that all information, shared experiences, communication and/or data, in any form, which are made available to and/or are shared with you and/or disclosed to you by any of the Benchmark Associates and/or any participants of the Benchmark Training shall be deemed to be “Confidential Information”.
  3. All Confidential Information, whether in writing form, oral form and/or any other tangible form and in any form whatsoever, shall be treated as confidential and safeguarded you at all times.
  4. You irrevocably undertake and agree that any Confidential Information shall be kept absolutely confidential by you at all times except as may be required by applicable law or legal process and that you will not disclose or disseminate such Confidential Information to anyone, unless and until such time as such Confidential Information:
    1. is available generally to the public, other than as a result of your breach of this Agreement; or,
    2. is disclosed lawfully to you by a third party who is free lawfully to disclose the same.
  5. You irrevocably undertake to indemnify any of the Benchmark Associates and/or any participants of the Benchmark Training for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates and/or any participants of the Benchmark Training may face and/or incur as a direct and/or indirect result of your having breached any of the section(s) as contained in sections 12 – 15 above and/or your having committed any breach of confidentiality . You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach of any of the section(s) as contained in sections 12 – 15 above and/or your commission of any breach of confidentiality.

Trainer(s)’s Discretion

  1. The Trainer(s) and the staff Benchmark shall have at all times the sole discretionary right and power to compel, request and/or require you to cease attendance and/or participation in the Benchmark Training, without offering and/or sharing any reasons.

Proprietary Agreement

  1. You irrevocably undertake and agree that all material(s), concept(s), information, presentation(s), communication(s) and/or data, in any form whatsoever (“Benchmark Proprietary Materials”) used by and/or referred to in any of the Benchmark Associates during and in respect of the Benchmark Training are the exclusive property of Benchmark. Whether or not the Benchmark Proprietary Materials are registered or protected by any of the Benchmark Associates via copyright, trademark, intellectual property and/or trade secret laws, you will not at any time during and/or after the Benchmark Training directly or indirectly, distribute, disseminate, copy and/or, duplicate the Benchmark Proprietary Materials to any parties, whether for the purpose of financial gain(s) and/or otherwise.
  2. By participating in the Benchmark Training, you further acknowledge and declare that you will by no means be deemed to have acquired any right or interest in the ownership and/or distribution rights of the Benchmark Proprietary Materials and that Benchmark shall remain the exclusive owner of the same at all times.
  3. You also acknowledge that Benchmark is the exclusive owner of the entire right, title and interest in the Benchmark Proprietary Materials, which shall include non-exhaustively any trademarks (registered and/or unregistered), trade name(s), logo(s) and domain name(s) of the Benchmark Associates, and all other intellectual property rights incorporated into or in any way used in connection with the Benchmark Proprietary Materials, and that you hereby irrevocably waive and forfeit all your rights (whether past, present and/or future) to contest the above.
  4. You irrevocably undertake to indemnify any of the Benchmark Associates for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates may face and/or incur as a direct and/or indirect result of your having breached any of the section(s) as contained in any of the section(s) contained in sections 18 – 20 above and/ or your having committed any breach of proprietorship of the Benchmark Proprietary Materials which shall at all times belong exclusively to Benchmark. You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach of any of the section(s) contained in sections 18 - 20 above and/or your commission of any breach of proprietorship of the Benchmark Proprietary Materials which shall at all times belong exclusively to Benchmark.

No Harassment

  1. You irrevocably undertake and agree not to be involved in and/or initiate any sexual and/or any forms of harassment within Benchmark’s training rooms. In this regard, you irrevocably undertake to indemnify any of the Benchmark Associates and/or any participants of the Benchmark Training for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates and/or any participants of the Benchmark Training may face and/or incur as a direct and/or indirect result of your having breached this section herein. You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach this section herein.

Consent to Personal Data Collection

  1. You authorize Benchmark to collect, manually and/or electronically process and use your personal data for purposes relating to the provision of Benchmark Trainings, processing and administration, maintaining of our records relating to you, and marketing services including but not limited to communications about Benchmark and/or Benchmark Group’s new products or services, offerings or upcoming events (by mail, telephone calls or electronic channels). You also authorize Benchmark to share and transfer these data, for the same purposes, worldwide within Benchmark’s Group or to third parties. At any time, you may update, correct or remove your personal data, get access to them, or discontinue receiving further communication from Benchmark by email us at inquiry@benchmarktrainings.com or send a request in writing to 13/F, West Exchange Tower, 322-324 Des Voeux Road Central, Sheung Wan, Hong Kong

Declaration

  1. By signing this Agreement, you are irrevocably declaring and confirming that you are enrolling into the Benchmark Training out of your own volition. You understand that some exercises within the Benchmark Trainings could be considered too intense, and at times, demanding and unsettling for some and that you will take full responsibility for my own health and well-being and accept all risks of my participation in the Benchmark Training. You warrant that you will refrain from the taking of alcohol and/ or any non-prescribed/mood-altering drugs during any parts of the Benchmark Training and that you are not dependent on any substances. You further warrant and confirm that you are not participating in any of the Benchmark Trainings as a “substitute” for medical and/or mental health treatment (inclusive of counseling and therapy sessions). You also hereby confirm and undertake to notify and advise Benchmark immediately, if there are any material changes to your status as well as your replies as set out in this Agreement, from the date of your signing of this Agreement.

    Finally, you also specifically and irrevocable forfeit and/or waive any and all rights or claims of whatever nature, past, present and future, which you may have against the Benchmark Associates. For clarity, the above forfeiture and/or waiver of rights or claims would include your rights to initiate any actions through the consumer councils or their equivalents within the jurisdiction applicable to the particular Benchmark Trainings that you will participate in.

Enforceability

  1. This Agreement has superseded and replaced all oral, written or proposals, representations, warranties, agreements or promises otherwise reached between you and any of the Benchmark Associates.
  2. Any provision of this Agreement upheld to be invalid, illegal or unenforceable at any time shall be ineffective but shall not affect the validity, legality and enforceability of the other provisions hereof. In the event of such invalidity, illegality or unenforceability of a particular provision, the parties to this Agreement shall negotiate and reach a new agreement as quickly as possible to replace such invalid, illegal or unenforceable provision.
  3. This Agreement or any rights or obligations hereunder cannot be freely assigned by you, but can be freely assignable by Benchmark.
  4. This Agreement may be executed in English or Chinese, in the event of an inconsistency between the two versions, the English version shall prevail.
  5. This Agreement shall be construed and interpreted in accordance with the laws of Hong Kong Special Administrative Region and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong Administrative Region.

Thank You


You must submit this homework to Benchmark or finish it at here by the earlier of (i) 3 calendar days after the date of your enrolment into the Benchmark Basic Training; or (ii) the commencement of the Benchmark Basic Training in which you will participate.

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